Florida Senate - 2008 CS for SB 1304
By the Committee on Environmental Preservation and Conservation; and Senator Saunders
592-08370-08 20081304c1
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A bill to be entitled
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An act relating to fish and wildlife conservation;
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consolidating chapters 370 and 372, F.S., to create
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chapter 379, F.S., entitled "Fish and Wildlife
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Conservation"; creating part I of chapter 379, F.S.,
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relating to general provisions; creating part II of
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chapter 379, F.S., relating to marine life; creating part
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III of chapter 379, F.S., relating to freshwater aquatic
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life; creating part IV of chapter 379, F.S., relating to
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wild animal life; creating part V of chapter 379, F.S.,
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relating to law enforcement; creating part VI of chapter
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379, F.S., relating to licenses for recreation activities;
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creating part VII of chapter 379, F.S., relating to
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nonrecreational licenses; creating part VIII of chapter
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379, F.S., relating to penalties; renumbering, amending,
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creating, and repealing various statutory provisions to
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conforming provisions to changes made by this act;
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renumbering and amending s. 370.12, F.S.; deleting an
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obsolete provision relating to certain annual use fees;
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correcting cross-references; renumbering and amending s.
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370.13, F.S.; deleting an obsolete provision relating to
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stone crab trap tag fees; correcting cross-references;
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renumbering and amending s. 370.142, F.S.; deleting an
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obsolete provision relating to spiny lobster trap tag
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fees; correcting cross-references; renumbering and
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amending s. 370.151, F.S.; deleting legislative intent
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relating to shrimp beds; conforming provisions relating to
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shrimping license violations; renumbering and amending s.
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372.5701, F.S.; deleting provisions requiring an annual
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legislative appropriation for specified activities and
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programs; correcting cross-references; creating s.
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379.3711, F.S.; establishing an annual license fee for
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private game preserves and farms; providing for payment of
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such fees to the commission; requiring proceeds to be
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deposited in the State Game Trust Fund; creating 379.414,
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F.S.; providing additional civil penalties for violations
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of record requirements by saltwater products dealers;
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requiring fees collected for such violations are deposited
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in the Marine Resources Conservation Trust Fund;
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specifying the use of such funds; amending ss. 72.011,
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F.S.; correcting cross-references to conform to changes
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made by this act; repealing s. 370.081, F.S., relating to
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illegal importation or possession of nonindigenous marine
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plants and animals to conform to changes made by this act;
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repealing s. 370.0821, F.S., relating to use of nets in
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St. Johns County to conform to changes made by this act;
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repealing s. 370.09, F.S., relating to industrial hazards
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and prohibited oil deposits discharge to conform to
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changes made by this act; repealing s. 370.1105, F.S.,
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relating to saltwater finfish trap regulation to conform
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to changes made by this act; repealing ss. 370.15 and
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370.154, F.S., relating to shrimp regulations to conform
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to changes made by this act; repealing s. 370.155, F.S.,
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relating to shrimp fishing to conform to changes made by
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this act; repealing 372.001, F.S., relating to wildlife
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definitions to conform to changes made by this act;
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repealing s. 372.0225, F.S., relating to freshwater
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organisms to conform to changes made by this act;
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repealing s. 372.107, F.S., relating to the Fish and
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Wildlife Conservation Commission Federal Law Enforcement
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Trust Fund to conform to changes made by this act;
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repealing s. 372.27, F.S., relating to the prohibition of
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fishing in Silver Springs and Rainbow Springs to conform
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to changes made by this act; repealing s. 372.667, F.S.,
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relating to the unlawful feeding or enticement of
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alligators or crocodiles to conform to changes made by
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this act; repealing s. 372.85, F.S., relating to the
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contamination of fresh waters to conform to changes made
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by this act; repealing s. 372.98, F.S., relating to the
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possession of nutria to conform to changes made by this
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act; repealing s. 372.981, F.S., relating to the
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regulation of importation of caiman to conform to changes
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made by this act; repealing s. 372.993, F.S., relating to
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land-based commercial and recreational fishing activities
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to conform to changes made by this act; providing an
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effective date.
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WHEREAS, it is the intent of the Legislature that the
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consolidation of chapters 370 and 372, Florida Statutes, into a
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new chapter 379, Florida Statutes, shall not be construed as
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creating, establishing, or implementing any substantive changes
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to current law in either of the two chapters consolidated, and
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WHEREAS, it is the intent of the Legislature that the
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consolidation of chapters 370 and 372, Florida Statutes, into a
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new chapter 379, Florida Statutes, shall not be construed as
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expanding any constitutional authority of the Fish and Wildlife
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Conservation Commission or as granting any additional
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legislative authority to the Fish and Wildlife Conservation
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Commission, NOW, THEREFORE,
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Chapter 379, Florida Statutes, is created and
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entitled "Fish and Wildlife Conservation."
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Section 2. Part I of chapter 379, Florida Statutes,
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consisting of sections 379.101, 379.102, 379.1025, 379.10255,
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379.103, 379.104, 379.105, 379.106, 379.201, 379.202, 379.202,
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379.203, 379.204, 379.205, 379.206, 379.207, 379.208, 379.209,
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379.211, 379.2201, 379.2202, 379.2203, 379.2211, 379.2212,
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379.2213, 379.2221, 379.2222, 379.2223, 379.2224, 379.2225,
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379.223, 379.224, 379.2251, 379.2252, 379.2253, 379.2254,
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379.2255, 379.2256, 379.2257, 379.2258, 379.2259, 379.226,
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379.2271, 379.2272, 379.2281, 379.2282, 379.2291, 379.2292,
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379.230, 379.231, 379.232, 379.233, 379.2341, 379.2342, 379.2351,
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379.2352, 379.2353, 379.236, and 379.237, is created to read:
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PART I
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GENERAL PROVISIONS
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Section 3. Section 370.01, Florida Statutes, is renumbered
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as section 379.101, Florida Statutes, and amended to read:
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379.101 370.01 Definitions.--In construing these statutes,
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where the context does not clearly indicate otherwise, the word,
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phrase, or term:
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(1) "Authorization" means a number issued by the Fish and
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Wildlife Conservation Commission, or its authorized agent, which
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serves in lieu of a license or permits and affords the privilege
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purchased for a specified period of time.
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(2) "Beaches" and "shores" shall mean the coastal and
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intracoastal shoreline of this state bordering upon the waters of
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the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida,
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and any part thereof, and any other bodies of water under the
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jurisdiction of the State of Florida, between the mean high-water
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line and as far seaward as may be necessary to effectively carry
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out the purposes of this act.
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(3) "Closed season" shall be that portion of the year
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wherein the laws or rules of Florida forbid the taking of
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particular species of game or varieties of fish.
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(4) "Coastal construction" includes any work or activity
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which is likely to have a material physical effect on existing
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coastal conditions or natural shore processes.
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(5) "Commercial harvester" means any person, firm, or
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corporation that takes, harvests, or attempts to take or harvest
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saltwater products for sale or with intent to sell; that is
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operating under or is required to operate under a license or
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permit or authorization issued pursuant to this chapter; that is
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using gear that is prohibited for use in the harvest of
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recreational amounts of any saltwater product being taken or
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harvested; or that is harvesting any saltwater product in an
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amount that is at least two times the recreational bag limit for
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the saltwater product being taken or harvested.
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(6) "Commission" shall mean the Fish and Wildlife
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Conservation Commission.
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(7) "Common carrier" shall include any person, firm, or
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corporation, who undertakes for hire, as a regular business, to
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transport persons or commodities from place to place offering his
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or her services to all such as may choose to employ the common
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carrier and pay his or her charges.
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(8) "Coon oysters" are oysters found growing in bunches
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along the shore between high-water mark and low-water mark.
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(9) "Department" shall mean the Department of Environmental
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Protection.
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(10) "Erosion control," "beach preservation," and
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"hurricane protection" shall include any activity, work, program,
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project, or other thing deemed necessary by the Department of
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Environmental Protection to effectively preserve, protect,
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restore, rehabilitate, stabilize, and improve the beaches and
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shores of this state, as defined above.
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(11) "Exhibit" means to present or display upon request.
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(12) "Finfish" means any member of the classes Agnatha,
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Chondrichthyes, or Osteichthyes.
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(13) "Fish and game" means all fresh and saltwater fish,
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shellfish, crustacea, sponges, wild birds, and wild animals.
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(14) "Fish management area" means a pond, lake, or other
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water within a county, or within several counties, designated to
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improve fishing for public use, and established and specifically
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circumscribed for authorized management by the commission and the
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board of county commissioners of the county in which such waters
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lie, under agreement between the commission and an owner with
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approval by the board of county commissioners or under agreement
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with the board of county commissioners for use of public waters
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in the county in which such waters lie.
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(15) "Fish pond" means a body of water that does not occur
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naturally and that has been constructed and is maintained
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primarily for the purpose of fishing.
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(16)(13) "Food fish" shall include mullet, trout, redfish,
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sheepshead, pompano, mackerel, bluefish, red snapper, grouper,
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black drum, jack crevalle, and all other fish generally used for
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human consumption.
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(17) "Fresh water," except where otherwise provided by law,
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means all lakes, rivers, canals, and other waterways of Florida,
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to such point or points where the fresh and salt waters commingle
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to such an extent as to become unpalatable and unfit for human
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consumption because of the saline content, or to such point or
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points as may be fixed by order of the commission by and with the
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consent of the board of county commissioners of the county or
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counties to be affected by such order. The Steinhatchee River
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shall be considered fresh water from its source to mouth.
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(18) "Freshwater fish" means all classes of pisces that are
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indigenous to fresh water.
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(19) "Fur-bearing animals" means muskrat, mink, raccoon,
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otter, civet cat, skunk, red and gray fox, and opossum.
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(20) "Game" means deer, bear, squirrel, rabbits, and, where
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designated by commission rules, wild hogs, ducks, geese, rails,
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coots, gallinules, snipe, woodcock, wild turkeys, grouse,
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pheasants, quail, and doves.
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(21)(14) "Guide" shall include any person engaged in the
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business of guiding hunters or hunting parties, fishers or
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fishing parties, for compensation.
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(22)(15) "Marine fish" means any saltwater species of
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finfish of the classes Agnatha, Chondrichthyes, and Osteichthyes,
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and marine invertebrates in the classes Gastropoda, Bivalvia, and
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Crustacea, or the phylum Echinodermata, but does not include
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nonliving shells or Echinoderms.
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(23)(16) "Molest," in connection with any fishing trap or
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its buoy or buoy line, means to touch, bother, disturb, or
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interfere or tamper with, in any manner.
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(24)(17) A "natural oyster or clam reef" or "bed" or "bar"
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shall be considered and defined as an area containing not less
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than 100 square yards of the bottom where oysters or clams are
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found in a stratum.
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(25) "Nongame" means all species and populations of
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indigenous wild vertebrates and invertebrates in the state that
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are not defined as game.
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(26)(18) "Nonresident alien" shall mean those individuals
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from other nations who can provide documentation from the Bureau
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of Citizenship and Immigration Services evidencing permanent
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residency status in the United States. For the purposes of this
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chapter, a "nonresident alien" shall be considered a
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"nonresident."
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(27)(19) "Open season" shall be that portion of the year
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wherein the laws of Florida for the preservation of fish and game
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permit the taking of particular species of game or varieties of
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fish.
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(28) "Private hunting preserve" includes any area set aside
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by a private individual or concern on which artificially
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propagated game or birds are taken.
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(29)(20) "Reef bunch oysters" are oysters found growing on
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the bars or reefs in the open bay and exposed to the air between
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high and low tide.
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(30)(21) "Resident" or "resident of Florida" means:
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includes
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(a) Citizens of the United States who have continuously
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resided in this state, next preceding the making of their
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application for hunting, fishing, or other license, for the
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following period of time, to wit: For 1 year in the state and 6
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months in the county when applied to all fish and game laws not
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related to freshwater fish and game; or
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(b) Any member of the United States Armed Forces who is
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stationed in this state.
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(31)(22) "Resident alien" shall mean those persons who have
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continuously resided in this state for at least 1 year and 6
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months in the county and can provide documentation from the
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Bureau of Citizenship and Immigration Services evidencing
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permanent residency status in the United States. For the purposes
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of this chapter, a "resident alien" shall be considered a
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"resident."
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(32)(23) "Restricted species" means any species of
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saltwater products which the state by law, or the Fish and
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Wildlife Conservation Commission by rule, has found it necessary
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to so designate. The term includes a species of saltwater
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products designated by the commission as restricted within a
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geographical area or during a particular time period of each
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year. Designation as a restricted species does not confer the
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authority to sell a species pursuant to s. 379.361 370.06 if the
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law or rule prohibits the sale of the species.
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(33)(24) "Salt water," except where otherwise provided by
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law, shall be all of the territorial waters of Florida excluding
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all lakes, rivers, canals, and other waterways of Florida from
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such point or points where the fresh and salt waters commingle to
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such an extent as to become unpalatable because of the saline
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content, or from such point or points as may be fixed for
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conservation purposes by the Department of Environmental
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Protection and the Fish and Wildlife Conservation Commission,
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with the consent and advice of the board of county commissioners
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of the county or counties to be affected.
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(34)(25) "Saltwater fish" means:
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(a) Any saltwater species of finfish of the classes
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Agnatha, Chondrichthyes, or Osteichthyes and marine invertebrates
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of the classes Gastropoda, Bivalvia, or Crustacea, or of the
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phylum Echinodermata, but does not include nonliving shells or
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echinoderms; and
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(b) Shall include All classes of pisces, shellfish,
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sponges, and crustacea indigenous to salt water.
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(35)(26) "Saltwater license privileges," except where
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otherwise provided by law, means any license, endorsement,
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certificate, or permit issued pursuant to this chapter.
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(36)(27) "Saltwater products" means any species of
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saltwater fish, marine plant, or echinoderm, except shells, and
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salted, cured, canned, or smoked seafood.
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(37)(28) "Shellfish" shall include oysters, clams, and
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whelks.
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(38) "Take" means taking, attempting to take, pursuing,
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hunting, molesting, capturing, or killing any wildlife or
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freshwater or saltwater fish, or their nests or eggs, by any
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means, whether or not such actions result in obtaining possession
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of such wildlife or freshwater or saltwater fish or their nests
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or eggs.
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(39)(29) "Transport" shall include shipping, transporting,
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carrying, importing, exporting, receiving or delivering for
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shipment, transportation or carriage or export.
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Section 4. Section 372.01, Florida Statutes, is renumbered
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as section 379.102, Florida Statutes, to read:
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379.102 372.01 Fish and Wildlife Conservation Commission.--
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(1) The Fish and Wildlife Conservation Commission shall
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consist of seven members who shall be appointed by the Governor,
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subject to confirmation by the Senate, for staggered terms of 5
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years.
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(2) Members so appointed shall annually select one of their
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members as chair. Such chair may be removed at any time for
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sufficient cause, by the affirmative vote of the majority of the
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members of the commission. In case the said office of chair
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becomes vacant by removal or otherwise, the same may be filled
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for the unexpired term at any time by the commission from its
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members.
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(3) Commission members shall receive no compensation for
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their services as such, but shall be reimbursed for travel
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expenses as provided in s. 112.061.
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Section 5. Section 372.021, Florida Statutes, is renumbered
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as section 379.1025, Florida Statutes, to read:
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379.1025 372.021 Powers, duties, and authority of
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commission; rules, regulations, and orders.--The Fish and
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Wildlife Conservation Commission may exercise the powers, duties,
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and authority granted by s. 9, Art. IV of the Constitution of
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Florida, and as otherwise authorized by the Legislature by the
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adoption of rules, regulations, and orders in accordance with
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chapter 120.
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Section 6. Section 372.03, Florida Statutes, is renumbered
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as section 379.104, Florida Statutes, to read:
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379.10255 372.03 Headquarters of commission.--The Fish and
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Wildlife Conservation Commission is located at the state capital,
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and, when suitable adequate office space cannot be provided in
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the State Capitol Building, or other buildings owned by the
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state, the commission may rent or lease suitable office space in
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Tallahassee. Said commission may also rent or lease suitable and
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adequate space in other cities and towns of the state for branch
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or division offices and headquarters and storerooms for equipment
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and supplies, as the business of the commission may require or
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necessitate, payment for said rented or leased premises to be
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made from the State Game Trust Fund.
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Section 7. Section 372.05, Florida Statutes, is renumbered
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as section 379.103, Florida Statutes, to read:
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379.103 372.05 Duties of executive director.--The executive
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director of the Fish and Wildlife Conservation Commission shall:
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(1) Keep full and correct minutes of the proceedings of
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said commission at its meetings, which minutes shall be open for
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public inspection.
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(2) Purchase such supplies and employ such help and
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assistants as may be reasonably necessary in the performance of
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the executive director's duties.
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(3) Have full authority to represent the commission in its
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dealings with other state departments, county commissioners, and
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the federal government.
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(4) Appoint, fix salaries of, and at pleasure remove,
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subject to the approval of the commission, assistants and other
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employees who shall have such powers and duties as may be
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assigned to them by the commission or executive director.
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(5) Have such other powers and duties as may be prescribed
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by the commission in pursuance of its duties under s. 9, Art. IV
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of the State Constitution.
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Section 8. Section 372.002, Florida Statutes, is renumbered
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as section 379.104, Florida Statutes, to read:
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379.104 372.002 Right to hunt and fish.--The Legislature
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recognizes that hunting, fishing, and the taking of game are a
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valued part of the cultural heritage of Florida and should be
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forever preserved for Floridians. The Legislature further
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recognizes that these activities play an important part in the
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state's economy and in the conservation, preservation, and
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management of the state's natural areas and resources. Therefore,
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the Legislature intends that the citizens of Florida have a right
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to hunt, fish, and take game, subject to the regulations and
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restrictions prescribed by general law and by s. 9, Art. IV of
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the State Constitution.
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Section 9. Section 372.705, Florida Statutes, is renumbered
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as section 379.105, Florida Statutes, and amended to read:
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379.105 372.705 Harassment of hunters, trappers, or
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fishers.--
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(1) A person may not intentionally, within a publicly or
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privately owned wildlife management or fish management area or on
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any state-owned water body:
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(a) Interfere with or attempt to prevent the lawful taking
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of fish, game, or nongame animals by another.
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(b) Attempt to disturb fish, game, or nongame animals or
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attempt to affect their behavior with the intent to prevent their
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lawful taking by another.
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(2) Any person who violates this section commits a Level
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Two violation under s. 379.401 372.83.
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Section 10. Section 370.023, Florida Statutes, is
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renumbered as section 379.106, Florida Statutes, to read:
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379.106 370.023 Administration of commission grant
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programs.--
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(1) The Fish and Wildlife Conservation Commission is
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authorized to establish grant programs that are consistent with
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statutory authority and legislative appropriations. The
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commission is further authorized to receive funds from any legal
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source for purposes of matching state dollars or for passing
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through the agency as grants to other entities whether or not
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matching funds or in-kind matches are required.
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(2) For any grant program established by the commission,
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the commission shall adopt rules, pursuant to the requirements of
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chapter 120, for each grant program which shall include, but are
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not limited to: the method or methods of payment; the supporting
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documents required before payment will be made; when matching
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funds or in-kind matches are allowed; what moneys, services, or
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other sources and amounts of matching funds or in-kind matches
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will be eligible for use for matching the grant by the
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commission; who is eligible to participate in the program; and
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other provisions that the commission finds necessary to achieve
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program objectives and an accounting for state funds in
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accordance with law and generally accepted accounting principles.
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(3) The commission is authorized to preaudit or postaudit
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account books and other documentation of a grant recipient to
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assure that grant funds have been used in accordance with the
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terms of the grant and state rules and statutes. When such audit
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reveals that moneys have not been spent in accordance with grant
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requirements, the commission may withhold moneys or recover
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moneys previously paid. A grant recipient will be allowed a
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maximum of 60 days to submit any additional pertinent
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documentation to offset the amount identified as being due the
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commission.
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Section 11. Section 372.101, Florida Statutes, is
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renumbered as section 379.201, Florida Statutes, to read:
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379.201 372.101 Administrative Trust Fund.--
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(1) The Administrative Trust Fund is created within the
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Fish and Wildlife Conservation Commission.
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(2) The fund is established for use as a depository for
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funds to be used for management activities that are
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commissionwide in nature and funded by indirect cost earnings or
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assessments against trust funds. Moneys to be credited to the
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trust fund include indirect cost reimbursements from grantors,
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administrative assessments against trust funds, interest
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earnings, and other appropriate administrative fees.
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(3) In accordance with s. 19(f)(2), Art. III of the State
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Constitution, the Administrative Trust Fund shall, unless
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terminated sooner, be terminated on July 1, 2009. Before its
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scheduled termination, the trust fund shall be reviewed as
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provided in s. 215.3206(1) and (2).
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Section 12. Section 372.127, Florida Statutes, is
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renumbered as section 379.202, Florida Statutes, to read:
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379.202 372.127 Conservation and Recreation Lands Program
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Trust Fund of the Fish and Wildlife Conservation Commission.--
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(1) There is created a Conservation and Recreation Lands
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Program Trust Fund within the Fish and Wildlife Conservation
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Commission. The purpose of the trust fund is to provide for the
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management of conservation and recreation lands by the
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commission. Funds may be appropriated to the trust fund from the
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Conservation and Recreation Lands Trust Fund in the Department of
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Environmental Protection, as created by s. 259.032(2), or from
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such other sources as the Legislature may determine.
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(2) Notwithstanding the provisions of s. 216.301 and
459
pursuant to s. 216.351, any balance in the trust fund at the end
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of any fiscal year shall remain in the trust fund at the end of
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the year and shall be available for carrying out the purposes of
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the trust fund.
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Section 13. Section 372.106, Florida Statutes, is
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renumbered as section 379.203, Florida Statutes, and amended to
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read:
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379.203 372.106 Dedicated License Trust Fund.--
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(1) There is established within the Fish and Wildlife
468
Conservation Commission the Dedicated License Trust Fund. The
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fund shall be credited with moneys collected pursuant to s.
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379.354 372.57 for 5-year licenses and permits and replacement 5-
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year licenses.
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(2)(a) One-fifth of the total proceeds from the sale of 5-
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year hunting and freshwater fishing licenses, permits, and
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replacement licenses, and all interest derived therefrom, shall
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be appropriated annually to the State Game Trust Fund.
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(b) One-fifth of the total proceeds from the sale of 5-year
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saltwater fishing licenses, permits, and replacement licenses,
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and all interest derived therefrom, shall be appropriated
479
annually to the Marine Resources Conservation Trust Fund.
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(3) The fund shall be exempt from the provisions of s.
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Section 14. Section 372.102, Florida Statutes, is
483
renumbered as section 379.204, Florida Statutes, to read:
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379.204 372.102 Federal Grants Trust Fund.--
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(1) The Federal Grants Trust Fund is created within the
486
Fish and Wildlife Conservation Commission.
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(2) The fund is established for use as a depository for
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funds to be used for allowable grant activities funded by
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restricted program revenues. Moneys to be credited to the trust
490
fund shall consist of grants and funding from the Federal
491
Government, interest earnings, and cash advances from other trust
492
funds.
493
(3) In accordance with s. 19(f)(2), Art. III of the State
494
Constitution, the Federal Grants Trust Fund shall, unless
495
terminated sooner, be terminated on July 1, 2009. Before its
496
scheduled termination, the trust fund shall be reviewed as
497
provided in s. 215.3206(1) and (2).
498
Section 15. Section 372.672, Florida Statutes, is
499
renumbered as section 379.205, Florida Statutes, to read:
500
379.205 372.672 Florida Panther Research and Management
501
Trust Fund.--
502
(1) There is established within the Fish and Wildlife
503
Conservation Commission the Florida Panther Research and
504
Management Trust Fund to be used exclusively for the purposes of
505
this section.
506
(2) Money from the fund shall be spent only for the
507
following purposes:
508
(a) To manage and protect existing Florida panther
509
populations by increasing panther food sources where food is a
510
limiting factor, determining conflicts between public use and
511
panther survival, maintaining sufficient genetic variability in
512
existing populations, and undertaking management and enforcement
513
activities that protect panther habitat.
514
(b) To educate the public concerning the value of the
515
panther and the necessity for panther management.
516
(c) To reestablish Florida panthers into areas of suitable
517
habitat, where feasible, by assessing the necessity of a captive
518
breeding program for purposes of reintroduction of the panthers
519
into the suitable habitat; selecting potential sites for
520
reintroduction and investigating associated human sociological
521
aspects; and assessing the potential for panther habitat
522
acquisition.
523
(d) To promote and market the Florida panther license plate
524
authorized under s. 320.08058.
525
(3) The Fish and Wildlife Conservation Commission is
526
authorized to receive donations for deposit into the Florida
527
Panther Research and Management Trust Fund.
528
Section 16. Section 372.103, Florida Statutes, is
529
renumbered as section 379.206, Florida Statutes, to read:
530
379.206 372.103 Grants and Donations Trust Fund.--
531
(1) The Grants and Donations Trust Fund is created within
532
the Fish and Wildlife Conservation Commission.
533
(2) The fund is established for use as a depository for
534
funds to be used for allowable grant and donor agreement
535
activities funded by restricted contractual revenue. Moneys to be
536
credited to the trust fund shall consist of grants and donations
537
from private and public nonfederal sources, interest earnings,
538
and cash advances from other trust funds.
539
(3) In accordance with s. 19(f)(2), Art. III of the State
540
Constitution, the Grants and Donations Trust Fund shall, unless
541
terminated sooner, be terminated on July 1, 2009. Before its
542
scheduled termination, the trust fund shall be reviewed as
543
provided in s. 215.3206(1) and (2).
544
Section 17. Section 372.105, Florida Statutes, is
545
renumbered as section 379.207, Florida Statutes, and amended to
546
read:
547
379.207 372.105 Lifetime Fish and Wildlife Trust Fund.--
548
(1) There is established within the Fish and Wildlife
549
Conservation Commission the Lifetime Fish and Wildlife Trust Fund
550
to be used for the purpose of supporting fish and wildlife
551
conservation programs of the state in accordance with this
552
section.
553
(2) The principal of the fund shall be derived from the
554
following:
555
(a) Proceeds of any gifts, grants, and contributions to the
556
state which are specifically designated for inclusion in the
557
fund.
558
(b) Proceeds from the sale of lifetime licenses issued in
559
accordance with s. 379.354 372.57.
560
(3) The fund is declared to constitute a special trust
561
derived from a contractual relationship between the state and the
562
members of the public whose investments contribute to the fund.
563
In recognition of such special trust, the following limitations
564
and restrictions are placed on expenditures from the funds:
565
(a) No expenditure or disbursement shall be made from the
566
principal of the fund.
567
(b) The interest income received and accruing from the
568
investments of proceeds from the sale of lifetime freshwater
569
fishing licenses and lifetime hunting licenses shall be spent in
570
furtherance of the commission's management, protection, and
571
conservation of wild animal life and freshwater aquatic life as
572
set forth in s. 9, Art. IV of the State Constitution and this
573
chapter and as otherwise authorized by the Legislature.
574
(c) The interest income received and accruing from the
575
investments of proceeds from the sale of lifetime saltwater
576
fishing licenses shall be expended for marine law enforcement,
577
marine research, and marine fishery enhancement.
578
(d) No expenditures or disbursements from the interest
579
income derived from the sale of lifetime licenses shall be made
580
for any purpose until the respective holders of such licenses
581
attain the age of 16 years. The Fish and Wildlife Conservation
582
Commission as administrator of the fund shall determine
583
actuarially on an annual basis the amounts of interest income
584
within the fund which may be disbursed pursuant to this
585
paragraph. The director shall cause deposits of proceeds from the
586
sale of lifetime licenses to be identifiable by the ages of the
587
license recipients.
588
(e) Any limitations or restrictions specified by the donors
589
on the uses of the interest income derived from gifts, grants,
590
and voluntary contributions shall be respected but shall not be
591
binding.
592
(f) The fund shall be exempt from the provisions of s.
593
594
(4) In the event of a future dissolution or reorganization
595
of the Fish and Wildlife Conservation Commission, any state
596
agency which succeeds the commission or assumes its
597
constitutional or statutory responsibilities shall, through its
598
agency head acting ex officio, assume the trusteeship of the fund
599
and shall be bound by all the limitations and restrictions placed
600
by this section on expenditures from the fund. No repeal or
601
modification of this chapter or s. 9, Art. IV of the State
602
Constitution shall alter the fundamental purposes to which the
603
fund may be applied. No dissolution or reorganization of the Fish
604
and Wildlife Conservation Commission shall invalidate any
605
lifetime license issued in accordance with this section.
606
Section 18. Section 370.0603, Florida Statutes, is
607
renumbered as section 379.208, Florida Statutes, and amended to
608
read:
609
379.208 370.0603 Marine Resources Conservation Trust Fund;
610
purposes.--
611
(1) The Marine Resources Conservation Trust Fund within the
612
Fish and Wildlife Conservation Commission shall serve as a broad-
613
based depository for funds from various marine-related and
614
boating-related activities and shall be administered by the
615
commission for the purposes of:
616
(a) Funding for marine research.
617
(b) Funding for fishery enhancement, including, but not
618
limited to, fishery statistics development, artificial reefs, and
619
fish hatcheries.
620
(c) Funding for marine law enforcement.
621
(d) Funding for administration of licensing programs for
622
recreational fishing, saltwater products sales, and related
623
information and education activities.
624
(e) Funding for the operations of the Fish and Wildlife
625
Conservation Commission.
626
(f) Funding for titling and registration of vessels.
627
(g) Funding for marine turtle protection, research, and
628
recovery activities from revenues that are specifically credited
629
to the trust fund for these purposes.
630
(h) Funding activities for rehabilitation of oyster
631
harvesting areas from which special oyster surcharge fees are
632
collected, including relaying and transplanting live oysters.
633
(i) Funding for boating research, boating-related programs
634
and activities, and for law enforcement on state waters.
635
(j) Funding for the stone crab trap reduction program under
636
s. 379.365 370.13, the blue crab effort management program under
637
s. 379.366 370.135, the spiny lobster trap certificate program
638
under s. 379.3671 370.142, and the trap retrieval program under
639
s. 379.2424 370.143.
640
(2) The Marine Resources Conservation Trust Fund shall
641
receive the proceeds from:
642
(a) All license fees collected pursuant to ss. 379.361 and
644
(b) All funds collected from the registration of vessels
645
and other fees pursuant to s. 328.72.
646
(c) All fees collected under ss. 379.2424, 379.355,
649
(d) All fines and penalties under ss. 379.365, 379.366
651
(e) Other revenues as provided by law.
652
(3) Funds provided to the Marine Resources Conservation
653
Trust Fund from taxes distributed under s. 201.15(11) shall be
654
used for the following purposes:
655
(a) To reimburse the cost of activities authorized pursuant
656
to the Fish and Wildlife Service of the United States Department
657
of the Interior. Such facilities must be involved in the actual
658
rescue and full-time acute care veterinarian-based rehabilitation
659
of manatees. The cost of activities includes, but is not limited
660
to, costs associated with expansion, capital outlay, repair,
661
maintenance, and operation related to the rescue, treatment,
662
stabilization, maintenance, release, and monitoring of manatees.
663
Moneys distributed through the contractual agreement to each
664
facility for manatee rehabilitation must be proportionate to the
665
number of manatees under acute care rehabilitation; the number of
666
maintenance days medically necessary in the facility; and the
667
number released during the previous fiscal year. The commission
668
may set a cap on the total amount reimbursed per manatee per
669
year.
670
(b) For training on the care, treatment, and rehabilitation
671
of marine mammals at the Whitney Laboratory and the College of
672
Veterinary Medicine at the University of Florida.
673
(c) For program administration costs of the agency.
674
(d) Funds not distributed in any 1 fiscal year must be
675
carried over for distribution in subsequent years.
676
(4) Funds transferred to the Marine Resources Conservation
677
Trust Fund from the Fuel Tax Collection Trust Fund pursuant to s.
678
206.606 shall be used for the following purposes:
679
(a) To provide additional water-related law enforcement
680
positions within the Fish and Wildlife Conservation Commission
681
primarily for the purpose of enforcing laws designed to protect
682
manatee populations. Law enforcement positions funded under this
683
provision shall be assigned to counties having the highest
684
incidence of manatee deaths and injuries.
685
(b) For the placement of uniform waterway markers on state
686
waters.
687
(c) To provide funding for construction and maintenance of
688
publicly owned boat ramps, piers, and docks, directly and through
689
grants to counties and municipalities.
690
(d) To implement and administer programs related to boating
691
safety and education, manatee technical avoidance technology, and
692
economic development initiatives to promote boating in the state,
693
including competitive grants programs as provided in s. 327.47.
694
(e) For other activities of the Boating and Waterways
695
Section such as coordinating the submission of state comments on
696
boating-related events.
697
698
Funds not used in one fiscal year must be carried over for use in
699
subsequent years.
700
Section 19. Section 372.991, Florida Statutes, is
701
renumbered as section 379.209, Florida Statutes, to read:
702
379.209 372.991 Nongame Wildlife Trust Fund.--
703
(1) The Legislature recognizes the value of maintaining
704
ecologically healthy and stable populations of a wide diversity
705
of fish and wildlife species and recognizes the need for
706
monitoring, research, management, and public awareness of all
707
wildlife species in order to guarantee that self-sustaining
708
populations be conserved. The Legislature further recognizes that
709
research and management for game species traditionally have been
710
supported by licenses and fees collected by the Fish and Wildlife
711
Conservation Commission for consumptive uses of wildlife and that
712
no such support mechanism is available for species not commonly
713
pursued for sport or profit. It is the intent of the Legislature
714
that the funds provided herein be spent to identify and meet the
715
needs of nongame wildlife as a first priority with the ultimate
716
goal of establishing an integrated approach to the management and
717
conservation of all native fish, wildlife, and plants.
718
(2)(a) There is established within the Fish and Wildlife
719
Conservation Commission the Nongame Wildlife Trust Fund. The fund
720
shall be credited with moneys collected pursuant to ss. 319.32(3)
721
and 320.02(8). Additional funds may be provided from legislative
722
appropriations and by donations from interested individuals and
723
organizations. The commission shall designate an identifiable
724
unit to administer the trust fund.
725
(b) Proceeds from the trust fund shall be used for the
726
following purposes:
727
1. Documentation of population trends of nongame wildlife
728
and assessment of wildlife habitat, in coordination with the
729
database of Florida natural areas inventory.
730
2. Establishment of effective conservation, management, and
731
regulatory programs for nongame wildlife of the state.
732
3. Public education programs.
733
(3) The commission may enter into cooperative agreements or
734
memoranda of understanding with related agencies to coordinate
735
nongame programs.
736
Section 20. Section 372.09, Florida Statutes, is renumbered
737
as section 379.211, Florida Statutes, to read:
738
379.211 372.09 State Game Trust Fund.--The funds resulting
739
from the operation of the commission and from the administration
740
of the laws and regulations pertaining to birds, game, fur-
741
bearing animals, freshwater fish, reptiles, and amphibians,
742
together with any other funds specifically provided for such
743
purposes shall constitute the State Game Trust Fund and shall be
744
used by the commission as it shall deem fit in carrying out the
745
provisions hereof and for no other purposes, except that annual
746
use fees deposited into the trust fund from the sale of the
747
Largemouth Bass license plate may be expended for the purposes
748
provided under s. 320.08058(18). The commission may not obligate
749
itself beyond the current resources of the State Game Trust Fund
750
unless specifically so authorized by the Legislature.
751
Section 21. Section 372.074, Florida Statutes, is
752
renumbered as section 379.212, Florida Statutes, to read:
753
379.212 372.074 Fish and Wildlife Habitat Program.--
754
(1)(a) There is established within the Fish and Wildlife
755
Conservation Commission the Fish and Wildlife Habitat Program for
756
the purpose of acquiring, assisting other agencies or local
757
governments in acquiring, or managing lands important to the
758
conservation of fish and wildlife.
759
(b) The Fish and Wildlife Conservation Commission or its
760
designee shall manage such lands for the primary purpose of
761
maintaining and enhancing their habitat value for fish and
762
wildlife. Other uses may be allowed that are not contrary to this
763
purpose.
764
(c) Where acquisition pursuant to this section will result
765
in state ownership of land, title shall be vested in the Board of
766
Trustees of the Internal Improvement Trust Fund as required in
767
chapter 253. Land acquisition pursuant to this section shall be
768
voluntary, negotiated acquisition and, where title is to be
769
vested in the Board of Trustees of the Internal Improvement Trust
770
Fund, is subject to the acquisition procedures of s. 253.025.
771
(d) Acquisition costs shall include purchase prices and
772
costs and fees associated with title work, surveys, and
773
appraisals required to complete an acquisition.
774
(2) Moneys which may be deposited into the Land Acquisition
775
Trust Fund for the purposes of this section may include, but not
776
be limited to, donations, grants, development-of-regional-impact
777
wildlife mitigation contributions, or legislative appropriations.
778
Preservation 2000 acquisition moneys and Conservation and
779
Recreation Lands management moneys shall not be deposited into
780
this fund.
781
Section 22. Section 372.5701, Florida Statutes, is
782
renumbered as section 379.2201, Florida Statutes, and amended to
783
read:
784
379.2201 372.5701 Deposit of license fees; allocation of
785
federal funds.--
786
(1) Except as provided in ss. 379.203 and 379.207 372.105
787
and 372.106, all saltwater license and permit fees collected
788
pursuant to s. 379.354 372.57 shall be deposited into the Marine
789
Resources Conservation Trust Fund, to be used as follows:
790
(a) Not more than 7.5 percent of the total fees collected
791
shall be used for administration of the licensing program and for
792
information and education.
793
(b) Not less than 30 percent of the total fees collected
794
shall be used for law enforcement.
795
(c) Not less than 32.5 percent of the total fees collected
796
shall be used for marine research and management.
797
(d) Not less than 30 percent of the total fees collected,
798
for fishery enhancement, including, but not limited to, fishery
799
statistics development, artificial reefs, and fish hatcheries.
800
(2) The proceeds from recreational saltwater fishing
801
license fees paid by fishers shall only be appropriated to the
802
commission.
803
(3) Funds available from the Wallop-Breaux Aquatic
804
Resources Trust Fund shall be distributed by the commission
805
between freshwater fisheries management and research and marine
806
fisheries management and research in proportion to the numbers of
807
resident fresh and saltwater anglers as determined by the most
808
current data on license sales. Unless otherwise provided by
809
federal law, the commission, at a minimum, shall provide the
810
following:
811
(a) Not less than 5 percent or more than 10 percent of the
812
funds allocated to the commission shall be expended for an
813
aquatic resources education program; and
814
(b) Not less than 10 percent of the funds allocated to the
815
commission shall be expended for acquisition, development,
816
renovation, or improvement of boating facilities.
817
Section 23. Section 372.5702, Florida Statutes, is
818
renumbered as section 379.2202, Florida Statutes, and amended to
819
read:
820
379.2202 372.5702 Expenditure of funds.--Any moneys
821
available pursuant to s. 379.2201(1)(c) 372.5701(1)(c) may be
822
expended by the commission within Florida through grants and
823
contracts for research with research institutions including but
824
not limited to: Florida Sea Grant; Florida Marine Resources
825
Council; Harbour Branch Oceanographic Institute; Technological
826
Research and Development Authority; Fish and Wildlife Research
827
Institute of the Fish and Wildlife Conservation Commission; Mote
828
Marine Laboratory; Marine Resources Development Foundation;
829
Florida Institute of Oceanography; Rosentiel School of Marine and
830
Atmospheric Science; and Smithsonian Marine Station at Ft.
831
Pierce.
832
Section 24. Section 372.72, Florida Statutes, is renumbered
833
as section 379.2203, Florida Statutes, and amended to read:
834
379.2203 372.72 Disposition of fines, penalties, and
835
forfeitures.--
836
(1) All moneys collected from fines, penalties, proceeds
837
from unclaimed bonds, or forfeitures of bail of persons convicted
838
under this chapter shall be deposited in the fine and forfeiture
839
fund established pursuant to s. 142.01 where such convictions are
840
had, except for the disposition of moneys as provided in
841
subsection (2).
842
(2) All moneys collected from fines, penalties, or
843
forfeitures of bail of persons convicted of violations of rules,
844
regulations, or orders of the Fish and Wildlife Conservation
845
Commission concerning endangered or threatened species or of
846
violation of s. 379.3014, s. 379.409, or s. 379.4115 s. 372.662,
848
clerk of the court to the Department of Revenue to be deposited
849
in the Nongame Wildlife Trust Fund.
850
Section 25. Section 372.5712, Florida Statutes, is
851
renumbered as section 379.2211, Florida Statutes, and amended to
852
read:
853
379.2211 372.5712 Florida waterfowl permit revenues.--
854
(1) The commission shall expend the revenues generated from
855
the sale of the Florida waterfowl permit as provided in s.
856
379.354(8)(a) 372.57(8)(a) or that pro rata portion of any
857
license that includes waterfowl hunting privileges, as provided
858
in s. 379.354(4)(h), (i), and (j) and (9)(a)3. 372.57(4)(h), (i),
859
and (j) and (9)(a)3. as follows: A maximum of 5 percent of the
860
gross revenues shall be expended for administrative costs; a
861
maximum of 25 percent of the gross revenues shall be expended for
862
waterfowl research approved by the commission; and a maximum of
863
70 percent of the gross revenues shall be expended for projects
864
approved by the commission, in consultation with the Waterfowl
865
Advisory Council, for the purpose of protecting and propagating
866
migratory waterfowl and for the development, restoration,
867
maintenance, and preservation of wetlands within the state.
868
(2) The intent of this section is to expand waterfowl
869
research and management and increase waterfowl populations in the
870
state without detracting from other programs. The commission
871
shall prepare an annual report documenting the use of funds
872
generated under the provisions of this section, to be submitted
873
to the Governor, the Speaker of the House of Representatives, and
874
the President of the Senate on or before September 1 of each
875
year.
876
Section 26. Section 372.5715, Florida Statutes, is
877
renumbered as section 379.2212, Florida Statutes, and amended to
878
read:
879
379.2212 372.5715 Florida wild turkey permit revenues.--
880
(1) The commission shall expend the revenues generated from
881
the sale of the turkey permit as provided for in s. 379.354(8)(b)
882
372.57(8)(b) or that pro rata portion of any license that
883
includes turkey hunting privileges as provided for in s.
884
379.354(4)(h), (i), and (j) 372.57(4)(h), (i), and (j) for
885
research and management of wild turkeys.
886
(2) The intent of this section is to expand wild turkey
887
research and management and to increase wild turkey populations
888
in the state without detracting from other programs. The
889
commission shall prepare an annual report documenting the use of
890
funds generated under the provisions of this section, to be
891
submitted to the Governor, the Speaker of the House of
892
Representatives, and the President of the Senate on or before
893
September 1 of each year.
894
Section 27. Section 372.573, Florida Statutes, is
895
renumbered as section 379.2213, Florida Statutes, and amended to
896
read:
897
379.2213 372.573 Management area permit revenues.--The
898
commission shall expend the revenue generated from the sale of
899
the management area permit as provided for in s. 379.354(8)(g)
900
372.57(8)(g) or that pro rata portion of any license that
901
includes management area privileges as provided for in s.
902
379.354(4)(h), (i), and (j) 372.57(4)(h), (i), and (j) for the
903
lease, management, and protection of lands for public hunting,
904
fishing, and other outdoor recreation.
905
Section 28. Section 372.12, Florida Statutes, is renumbered
906
as section 379.2222, Florida Statutes, to read:
907
379.2222 372.12 Acquisition of state game lands.--The Fish
908
and Wildlife Conservation Commission, with the approval of the
909
Governor, may acquire, in the name of the state, lands and waters
910
suitable for the protection and propagation of game, fish,
911
nongame birds, or fur-bearing animals, or for hunting purposes,
912
game farms, by purchase, lease, gift or otherwise to be known as
913
state game lands. The said commission may erect such buildings
914
and fences as may be deemed necessary to properly maintain and
915
protect such lands, or for propagation of game, nongame birds,
916
freshwater fish, or fur-bearing animals. The title of land
917
acquired by purchase, lease, gift or otherwise, shall be approved
918
by the Department of Legal Affairs. The deed to such lands shall
919
be deposited as are deeds to other state lands. No property
920
acquired under this section shall be exempt from state, county,
921
or district taxation.
922
Section 29. Section 372.121, Florida Statutes, is
923
renumbered as section 379.2223, Florida Statutes, to read:
924
379.2223 372.121 Control and management of state game
925
lands.--
926
(1) The Fish and Wildlife Conservation Commission is
927
authorized to make, adopt, promulgate, amend, repeal, and enforce
928
all reasonable rules and regulations necessary for the
929
protection, control, operation, management, or development of
930
lands or waters owned by, leased by, or otherwise assigned to,
931
the commission for fish or wildlife management purposes,
932
including but not being limited to the right of ingress and
933
egress. Before any such rule or regulation is adopted, other than
934
one relating to wild animal life, marine life, or freshwater
935
aquatic life, the commission shall obtain the consent and
936
agreement, in writing, of the owner, in the case of privately
937
owned lands or waters, or the owner or primary custodian, in the
938
case of public lands or waters.
939
(2) Any person violating or otherwise failing to comply
940
with any rule or regulation so adopted commits a misdemeanor of
941
the second degree, punishable as provided in s. 775.082 or s.
942
943
Section 30. Section 372.19, Florida Statutes, is renumbered
944
as section 379.2224, Florida Statutes, to read:
945
379.2224 372.19 Preserves, refuges, etc., not tax-
946
exempt.--No property acquired by purchase, lease, gift, contract
947
to purchase or lease, or otherwise, under the provisions of this
948
chapter, as state game lands, or any private lands used as game
949
refuges, shooting grounds, privileges, hatcheries or breeding
950
grounds for fish, game, birds or fur-bearing animals, except
951
state-owned lands being used for the protection of game, fish or
952
fur-bearing animals under the provisions of this chapter, shall
953
be exempt from state, county or district taxation. Any contract,
954
lease, gift or purchase of land for such purposes which attempts
955
to exempt or partially exempt such property from taxation shall
956
be null and void and of no effect.
957
Section 31. Section 372.025, Florida Statutes, is
958
renumbered as section 379.2225, Florida Statutes, to read:
959
379.2225 372.025 Everglades recreational sites;
960
definitions.--
961
(1) PURPOSE.--It is the intent of the Legislature to
962
provide for the development and management of recreational sites
963
in the water conservation areas of the Florida Everglades when
964
such development:
965
(a) Can be accomplished without endangering the water
966
quality and quantity of supply and where environmental impact
967
will be minimal.
968
(b) Is located on the exterior fringes of the Everglades to
969
discourage extensive uncontrolled use of the interior regions.
970
(c) Is located where convenient access is possible for the
971
millions of Floridians living in urban areas.
972
(d) Offers recreational potential for nature trails, bird
973
study, picnic areas, boating, fishing, hunting, and target
974
shooting.
975
(e) Is located where proper management and law enforcement
976
can be provided.
977
(2) DEFINITIONS.--As used in this section:
978
(a) "Commission" means the Fish and Wildlife Conservation
979
Commission.
980
(b) "Indian reservations" means lands as designated by
981
chapter 285.
982
(c) "Development of recreational sites" means any
983
improvements to existing facilities or sites and also such new
984
selection and improvements as are needed for the various
985
recreational activities as herein provided.
986
(3) RECREATIONAL SITES.--The Fish and Wildlife Conservation
987
Commission is directed to develop, manage, and enforce laws on
988
certain recreational sites in the water conservation areas of the
989
Everglades from funds to be appropriated by the Legislature.
990
(4) No recreational site will be developed on any Indian
991
reservations as created by chapter 285 without first obtaining
992
written approval for such development from the Indians of the
993
particular reservation lands affected.
994
Section 32. Section 372.0215, Florida Statutes, is
995
renumbered as section 379.223, Florida Statutes, to read:
996
379.223 372.0215 Citizen support organizations; use of
997
state property; audit.--
998
(1) The Fish and Wildlife Conservation Commission may
999
authorize the establishment of citizen support organizations to
1000
provide assistance, funding, and promotional support for the
1001
programs of the commission. For purposes of this section, the
1002
term "citizen support organization" means an organization which:
1003
(a) Is a corporation not for profit incorporated pursuant
1004
to the provisions of chapter 617 and approved by the Department
1005
of State.
1006
(b) Is organized and operated to conduct programs and
1007
activities; raise funds; request and receive grants, gifts, and
1008
bequests of money; acquire, receive, hold, invest, and administer
1009
in its own name securities, funds, or real or personal property;
1010
and make expenditures for the benefit of the commission or an
1011
individual program unit of the commission; except that such
1012
organization may not receive funds from the commission or the
1013
Fish and Wildlife Research Institute by grant, gift, or contract
1014
unless specifically authorized by the Legislature.
1015
(c) The commission has determined acts in a manner that is
1016
consistent with the goals of the commission and the best
1017
interests of the state.
1018
(d) Is approved in writing by the commission to operate for
1019
the benefit of the commission. Such approval must be stated in a
1020
letter of agreement from the executive director of the
1021
commission.
1022
(2)(a) The Fish and Wildlife Conservation Commission may
1023
permit a citizen support organization to use commission property,
1024
facilities, and personnel free of charge. A citizen support
1025
organization may use commission property, facilities, and
1026
personnel if such use is consistent with the approved purpose of
1027
that citizen support organization and if such use does not
1028
unreasonably interfere with the general public's use of
1029
commission property, facilities, and personnel for established
1030
purposes.
1031
(b) The commission may prescribe conditions upon the use by
1032
a citizen support organization of commission property,
1033
facilities, or personnel.
1034
(c) The commission may not permit the use of any property,
1035
facilities, or personnel of the state by a citizen support
1036
organization that does not provide equal membership and
1037
employment opportunities to all persons regardless of race,
1038
color, national origin, religion, sex, or age.
1039
(3) Each citizen support organization shall provide for an
1040
annual financial audit in accordance with s. 215.981. The
1041
identity of a donor or prospective donor to a citizen support
1042
organization who desires to remain anonymous and all information
1043
identifying such donor or prospective donor are confidential and
1044
exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
1045
of the State Constitution. Such anonymity shall be maintained in
1046
the auditor's report.
1047
Section 33. Section 370.06091, Florida Statutes, is
1048
renumbered as section 379.224, Florida Statutes, to read:
1049
379.224 370.06091 Memorandum of agreement relating to Fish
1050
and Wildlife Research Institute.--A memorandum of agreement will
1051
be developed between the Department of Environmental Protection
1052
and the Fish and Wildlife Conservation Commission which will
1053
detail the responsibilities of the Fish and Wildlife Research
1054
Institute to the department, to include, at a minimum, the
1055
following services:
1056
(1) Environmental monitoring and assessment.
1057
(2) Restoration research and development of restoration
1058
technology.
1059
(3) Technical support and response for oil spills, ship
1060
groundings, major marine species die-offs, hazardous spills, and
1061
natural disasters.
1062
Section 34. Section 370.103, Florida Statutes, is
1063
renumbered as section 379.2251, Florida Statutes, to read:
1064
379.2251 370.103 Agreements with Federal Government for the
1065
preservation of saltwater fisheries; authority of
1066
commission.--The Fish and Wildlife Conservation Commission is
1067
authorized and empowered to enter into cooperative agreements
1068
with the Federal Government or agencies thereof for the purpose
1069
of preserving saltwater fisheries within and without state waters
1070
and for the purpose of protecting against overfishing, waste,
1071
depletion, or any abuse whatsoever. Such authority includes the
1072
authority to enter into cooperative agreements whereby officers
1073
of the Fish and Wildlife Conservation Commission are empowered to
1074
enforce federal statutes and rules pertaining to fisheries
1075
management. When differences between state and federal laws
1076
occur, state laws shall take precedence.
1077
Section 35. Section 370.18, Florida Statutes, is renumbered
1078
as section 379.2252, Florida Statutes, to read:
1079
379.2252 370.18 Compacts and agreements; generally.--The
1080
Fish and Wildlife Conservation Commission may enter into
1081
agreements of reciprocity with the fish commissioners or other
1082
departments or other proper officials of other states, whereby
1083
the citizens of the state may be permitted to take or catch
1084
shrimp or prawn from the waters under the jurisdiction of such
1085
other states, upon similar agreements to allow such nonresidents
1086
or aliens to fish for or catch seafood products within the
1087
jurisdiction of the state regardless of residence.
1088
Section 36. Section 370.19, Florida Statutes, is renumbered
1089
as section 379.2253, Florida Statutes, to read:
1090
379.2253 370.19 Atlantic States Marine Fisheries Compact;
1091
implementing legislation.--
1092
(1) FORM.--The Governor of this state is hereby authorized
1093
and directed to execute a compact on behalf of the State of
1094
Florida with any one or more of the States of Maine, New
1095
Hampshire, Massachusetts, Rhode Island, Connecticut, New York,
1096
New Jersey, Delaware, Maryland, Virginia, North Carolina, South
1097
Carolina, and Georgia, and with such other states as may enter
1098
into the compact, legally joining therein in the form
1099
substantially as follows:
1100
1101
ATLANTIC STATES MARINE FISHERIES
1102
COMPACT
1103
1104
The contracting states solemnly agree:
1105
1106
ARTICLE I
1107
1108
The purpose of this compact is to promote the better
1109
utilization of the fisheries, marine, shell, and anadromous, of
1110
the Atlantic seaboard by the development of a joint program for
1111
the promotion and protection of such fisheries, and by the
1112
prevention of the physical waste of the fisheries from any cause.
1113
It is not the purpose of this compact to authorize the states
1114
joining herein to limit the production of fish or fish products
1115
for the purpose of establishing or fixing the price thereof, or
1116
creating and perpetuating a monopoly.
1117
1118
ARTICLE II
1119
1120
This agreement shall become operative immediately as to
1121
those states executing it whenever any two or more of the States
1122
of Maine, New Hampshire, Massachusetts, Rhode Island,
1123
Connecticut, New York, New Jersey, Delaware, Maryland, Virginia,
1124
North Carolina, South Carolina, Georgia and Florida have executed
1125
it in the form that is in accordance with the laws of the
1126
executing state and the Congress has given its consent. Any state
1127
contiguous with any of the aforementioned states and riparian
1128
upon waters frequented by anadromous fish, flowing into waters
1129
under the jurisdiction of any of the aforementioned states, may
1130
become a party hereto as hereinafter provided.
1131
1132
ARTICLE III
1133
1134
Each state joining herein shall appoint three
1135
representatives to a commission hereby constituted and designated
1136
as the Atlantic States Marine Fisheries Commission. One shall be
1137
the executive officer of the administrative agency of such state
1138
charged with the conservation of the fisheries resources to which
1139
this compact pertains or, if there be more than one officer or
1140
agency, the official of that state named by the governor thereof.
1141
The second shall be a member of the legislature of such state
1142
designated by such legislature or, in the absence of such
1143
designation, such legislator shall be designated by the governor
1144
thereof, provided that if it is constitutionally impossible to
1145
appoint a legislator as a commissioner from such state, the
1146
second member shall be appointed in such manner as is established
1147
by law. The third shall be a citizen who shall have a knowledge
1148
of and interest in the marine fisheries problem to be appointed
1149
by the governor. This commission shall be a body corporate with
1150
the powers and duties set forth herein.
1151
1152
ARTICLE IV
1153
1154
The duty of the said commission shall be to make inquiry and
1155
ascertain from time to time such methods, practices,
1156
circumstances and conditions as may be disclosed for bringing
1157
about the conservation and the prevention of the depletion and
1158
physical waste of the fisheries, marine, shell and anadromous, of
1159
the Atlantic seaboard. The commission shall have power to
1160
recommend the coordination of the exercise of the police powers
1161
of the several states within their respective jurisdictions to
1162
promote the preservation of those fisheries and their protection
1163
against overfishing, waste, depletion or any abuse whatsoever and
1164
to assure a continuing yield from the fisheries resources of the
1165
aforementioned states.
1166
To that end the commission shall draft and, after
1167
consultation with the advisory committee hereinafter authorized,
1168
recommend to the governors and legislatures of the various
1169
signatory states legislation dealing with the conservation of the
1170
marine, shell and anadromous fisheries of the Atlantic seaboard.
1171
The commission shall, more than one month prior to any regular
1172
meeting of the legislature in any signatory state, present to the
1173
governor of the state its recommendations relating to enactments
1174
to be made by the legislature of that state in furthering the
1175
intents and purposes of this compact.
1176
The commission shall consult with and advise the pertinent
1177
administrative agencies in the states party hereto with regard to
1178
problems connected with the fisheries and recommend the adoption
1179
of such regulations as it deems advisable.
1180
The commission shall have power to recommend to the states
1181
party hereto the stocking of the waters of such states with fish
1182
and fish eggs or joint stocking by some or all of the states
1183
party hereto and when two or more of the states shall jointly
1184
stock waters the commission shall act as the coordinating agency
1185
for such stocking.
1186
1187
ARTICLE V
1188
1189
The commission shall elect from its number a chair and a
1190
vice chair and shall appoint and at its pleasure remove or
1191
discharge such officers and employees as may be required to carry
1192
the provisions of this compact into effect and shall fix and
1193
determine their duties, qualifications and compensation. Said
1194
commission shall adopt rules and regulations for the conduct of
1195
its business. It may establish and maintain one or more offices
1196
for the transaction of its business and may meet at any time or
1197
place but must meet at least once a year.
1198
1199
ARTICLE VI
1200
1201
No action shall be taken by the commission in regard to its
1202
general affairs except by the affirmative vote of a majority of
1203
the whole number of compacting states present at any meeting. No
1204
recommendation shall be made by the commission in regard to any
1205
species of fish except by the affirmative vote of a majority of
1206
the compacting states which have an interest in such species. The
1207
commission shall define what shall be an interest.
1208
1209
ARTICLE VII
1210
1211
The Fish and Wildlife Service of the Department of the
1212
Interior of the Government of the United States shall act as the
1213
primary research agency of the Atlantic States Marine Fisheries
1214
Commission cooperating with the research agencies in each state
1215
for that purpose. Representatives of the said Fish and Wildlife
1216
Service shall attend the meetings of the commission.
1217
An advisory committee to be representative of the commercial
1218
fishers and the saltwater anglers and such other interests of
1219
each state as the commission deems advisable shall be established
1220
by the commission as soon as practicable for the purpose of
1221
advising the commission upon such recommendations as it may
1222
desire to make.
1223
1224
ARTICLE VIII
1225
1226
When any state other than those named specifically in
1227
Article II of this compact shall become a party thereto for the
1228
purpose of conserving its anadromous fish in accordance with the
1229
provisions of Article II the participation of such state in the
1230
action of the commission shall be limited to such species of
1231
anadromous fish.
1232
1233
ARTICLE IX
1234
1235
Nothing in this compact shall be construed to limit the
1236
powers of any signatory state or to repeal or prevent the
1237
enactment of any legislation or the enforcement of any
1238
requirement by any signatory state imposing additional conditions
1239
to conserve its fisheries.
1240
1241
ARTICLE X
1242
1243
Continued absence of representation or of any representative
1244
on the commission from any state party hereto shall be brought to
1245
the attention of the governor thereof.
1246
1247
ARTICLE XI
1248
1249
The states party hereto agree to make annual appropriations
1250
to the support of the commission in proportion to the primary
1251
market value of the products of their fisheries, exclusive of cod
1252
and haddock, as recorded in the most recent published reports of
1253
the Fish and Wildlife Service of the United States Department of
1254
the Interior, provided no state shall contribute less than $200
1255
per annum and the annual contribution of each state above the
1256
minimum shall be figured to the nearest $100.
1257
The compacting states agree to appropriate initially the
1258
annual amounts scheduled below, which amounts are calculated in
1259
the manner set forth herein, on the basis of the catch record of
1260
1938. Subsequent budgets shall be recommended by a majority of
1261
the commission and the cost thereof allocated equitably among the
1262
states in accordance with their respective interests and
1263
submitted to the compacting states.
1264
1265
Schedule of Initial Annual
1266
State Contributions
1267
Maine..................................................$700
1268
New Hampshire...........................................200
1269
Massachusetts.........................................2,300
1270
Rhode Island............................................300
1271
Connecticut.............................................400
1272
New York..............................................1,300
1273
New Jersey..............................................800
1274
Delaware................................................200
1275
Maryland................................................700
1276
Virginia..............................................1,300
1277
North Carolina..........................................600
1278
South Carolina..........................................200
1279
Georgia.................................................200
1280
Florida...............................................1,500
1281
1282
ARTICLE XII
1283
1284
This compact shall continue in force and remain binding upon
1285
each compacting state until renounced by it. Renunciation of this
1286
compact must be preceded by sending 6 months' notice in writing
1287
of intention to withdraw from the compact to the other states
1288
party hereto.
1289
(2) COMMISSIONERS; APPOINTMENT AND REMOVAL.--In pursuance
1290
of Article III of said compact there shall be three members
1291
(hereinafter called commissioners) of the Atlantic States Marine
1292
Fisheries Commission (hereinafter called commission) from this
1293
state. The first commissioner from this state shall be the
1294
Executive Director of the Fish and Wildlife Conservation
1295
Commission, ex officio, and the term of any such ex officio
1296
commissioner shall terminate at the time he or she ceases to hold
1297
said office of Executive Director of the Fish and Wildlife
1298
Conservation Commission, and his or her successor as commissioner
1299
shall be his or her successor as executive director. The second
1300
commissioner from this state shall be a legislator appointed on a
1301
rotating basis by the President of the Senate or the Speaker of
1302
the House of Representatives, beginning with the appointment of a
1303
member of the Senate, and the term of any such commissioner shall
1304
terminate at the time he or she ceases to hold said legislative
1305
office. The Governor (subject to confirmation by the Senate),
1306
shall appoint a citizen as a third commissioner who shall have a
1307
knowledge of, and interest in, the marine fisheries problem. The
1308
term of said commissioner shall be 3 years and the commissioner
1309
shall hold office until a successor shall be appointed and
1310
qualified. Vacancies occurring in the office of such commissioner
1311
from any reason or cause shall be filled by appointment by the
1312
Governor (subject to confirmation by the Senate), for the
1313
unexpired term. The Executive Director of the Fish and Wildlife
1314
Conservation Commission as ex officio commissioner may delegate,
1315
from time to time, to any deputy or other subordinate in his or
1316
her department or office, the power to be present and
1317
participate, including voting, as his or her representative or
1318
substitute at any meeting of or hearing by or other proceeding of
1319
the commission. The terms of each of the initial three members
1320
shall begin at the date of the appointment of the appointive
1321
commissioner, provided the said compact shall then have gone into
1322
effect in accordance with Article II of the compact; otherwise,
1323
they shall begin upon the date upon which said compact shall
1324
become effective in accordance with said Article II. Any
1325
commissioner may be removed from office by the Governor upon
1326
charges and after a hearing.
1327
(3) POWERS OF COMMISSION AND COMMISSIONERS.--There is
1328
hereby granted to the commission and the commissioners thereof
1329
all the powers provided for in the said compact and all the
1330
powers necessary or incidental to the carrying out of said
1331
compact in every particular. All officers of the State of Florida
1332
are hereby authorized and directed to do all things falling
1333
within their respective provinces and jurisdiction necessary or
1334
incidental to the carrying out of said compact in every
1335
particular; it being hereby declared to be the policy of the
1336
State of Florida to perform and carry out the said compact and to
1337
accomplish the purposes thereof. All officers, bureaus,
1338
departments and persons of and in the state government or
1339
administration of the State of Florida are hereby authorized and
1340
directed at convenient times and upon request of the said
1341
commission to furnish the said commission with information and
1342
data possessed by them or any of them and to aid said commission
1343
by loan of personnel or other means lying within their legal
1344
rights respectively.
1345
(4) POWERS OF COMMISSION SUPPLEMENTAL.--Any powers herein
1346
granted to the commission shall be regarded as in aid of and
1347
supplemental to and in no case a limitation upon any of the
1348
powers vested in said commission by other laws of the State of
1349
Florida or by the laws of the States of Maine, New Hampshire,
1350
Massachusetts, Connecticut, Rhode Island, New York, New Jersey,
1351
Delaware, Maryland, Virginia, North Carolina, South Carolina,
1352
Georgia and Florida or by the Congress or the terms of said
1353
compact.
1354
(5) ACCOUNTS TO BE KEPT BY COMMISSION; EXAMINATION.--
1355
(a) The commission shall keep accurate accounts of all
1356
receipts and disbursements and shall report to the Governor and
1357
the Legislature of the State of Florida on or before the 10th day
1358
of December in each year, setting forth in detail the
1359
transactions conducted by it during the 12 months preceding
1360
December 1 of that year and shall make recommendations for any
1361
legislative action deemed by it advisable, including amendments
1362
to the statutes of the State of Florida which may be necessary to
1363
carry out the intent and purposes of the compact between the
1364
signatory states.
1365
(b) The Department of Financial Services is authorized and
1366
empowered from time to time to examine the accounts and books of
1367
the commission, including its receipts, disbursements and such
1368
other items referring to its financial standing as such
1369
department deems proper and to report the results of such
1370
examination to the governor of such state.
1371
(6) APPROPRIATION FOR EXPENSES OF COMMISSION.--The sum of
1372
$600, annually, or so much thereof as may be necessary, is hereby
1373
appropriated out of any moneys in the State Treasury not
1374
otherwise appropriated, for the expenses of the commission
1375
created by the compact authorized by this law. The moneys hereby
1376
appropriated shall be paid out of the State Treasury on the audit
1377
and warrant of the Chief Financial Officer upon vouchers
1378
certified by the chair of the commission in the manner prescribed
1379
by law.
1380
Section 37. Section 370.20, Florida Statutes, is renumbered
1381
as section 379.2254, Florida Statutes, to read:
1382
379.2254 370.20 Gulf States Marine Fisheries Compact;
1383
implementing legislation.--
1384
(1) FORM.--The Governor of this state is hereby authorized
1385
and directed to execute the compact on behalf of the State of
1386
Florida with any one or more of the States of Alabama,
1387
Mississippi, Louisiana and Texas, and with such other state as
1388
may enter into a compact, legal joining therein in the form
1389
substantially as follows:
1390
1391
GULF STATES MARINE FISHERIES
1392
COMPACT
1393
1394
The contracting states solemnly agree:
1395
1396
ARTICLE I
1397
1398
Whereas the gulf coast states have the proprietary interest
1399
in and jurisdiction over fisheries in the waters within their
1400
respective boundaries, it is the purpose of this compact to
1401
promote the better utilization of the fisheries, marine, shell
1402
and anadromous, of the seaboard of the Gulf of Mexico, by the
1403
development of a joint program for the promotion and protection
1404
of such fisheries and the prevention of the physical waste of the
1405
fisheries from any cause.
1406
1407
ARTICLE II
1408
1409
This compact shall become operative immediately as to those
1410
states ratifying it whenever any two or more of the States of
1411
Florida, Alabama, Mississippi, Louisiana and Texas have ratified
1412
it and the Congress has given its consent subject to article I,
1413
s. 10 of the Constitution of the United States. Any state
1414
contiguous to any of the aforementioned states or riparian upon
1415
waters which flow into waters under the jurisdiction of any of
1416
the aforementioned states and which are frequented by anadromous
1417
fish or marine species may become a party hereto as hereinafter
1418
provided.
1419
1420
ARTICLE III
1421
1422
Each state joining herein shall appoint three
1423
representatives to a commission hereby constituted and designated
1424
as the Gulf States Marine Fisheries Commission. One shall be the
1425
head of the administrative agency of such state charged with the
1426
conservation of the fishery resources to which this compact
1427
pertains or, if there be more than one officer or agency, the
1428
official of that state named by the governor thereof. The second
1429
shall be a member of the legislature of such state designated by
1430
such legislature or in the absence of such designation, such
1431
legislator shall be designated by the governor thereof, provided
1432
that if it is constitutionally impossible to appoint a legislator
1433
as a commissioner from such state, the second member shall be
1434
appointed in such manner as may be established by law. The third
1435
shall be a citizen who shall have a knowledge of and interest in
1436
the marine fisheries, to be appointed by the governor. This
1437
commission shall be a body corporate with the powers and duties
1438
set forth herein.
1439
1440
ARTICLE IV
1441
1442
The duty of the said commission shall be to make inquiry and
1443
ascertain from time to time such methods, practices,
1444
circumstances and conditions as may be disclosed for bringing
1445
about the conservation and the prevention of the depletion and
1446
physical waste of the fisheries, marine, shell and anadromous, of
1447
the gulf coast. The commission shall have power to recommend the
1448
coordination of the exercise of the police powers of the several
1449
states within their respective jurisdiction to promote the
1450
preservation of these fisheries and their protection against
1451
overfishing, waste, depletion or any abuse whatsoever and to
1452
assure a continuing yield from the fishery resources of the
1453
aforementioned states.
1454
To that end the commission shall draft and recommend to the
1455
governors and the legislatures of the various signatory states,
1456
legislation dealing with the conservation of the marine, shell
1457
and anadromous fisheries of the gulf seaboard. The commission
1458
shall from time to time present to the governor of each
1459
compacting state its recommendations relating to enactments to be
1460
presented to the legislature of the state in furthering the
1461
interest and purposes of this compact.
1462
The commission shall consult with and advise the pertinent
1463
administrative agencies in the states party hereto with regard to
1464
problems connected with the fisheries and recommend the adoption
1465
of such regulations as it deems advisable.
1466
The commission shall have power to recommend to the states
1467
party hereto the stocking of the waters of such states with fish
1468
and fish eggs or joint stocking by some or all of the states
1469
party hereto and when two or more states shall jointly stock
1470
waters the commission shall act as the coordinating agency for
1471
such stocking.
1472
1473
ARTICLE V
1474
1475
The commission shall elect from its number a chair and vice
1476
chair and shall appoint and at its pleasure remove or discharge
1477
such officers and employees as may be required to carry the
1478
provisions of this compact into effect and shall fix and
1479
determine their duties, qualifications and compensation. Said
1480
commission shall adopt rules and regulations for the conduct of
1481
its business. It may establish and maintain one or more offices
1482
for the transaction of its business and may meet at any time or
1483
place but must meet at least once a year.
1484
1485
ARTICLE VI
1486
1487
No action shall be taken by the commission in regard to its
1488
general affairs except by the affirmative vote of a majority of
1489
the whole number of compacting states. No recommendation shall be
1490
made by the commission in regard to any species of fish except by
1491
the affirmative vote of a majority of the compacting states which
1492
have an interest in such species. The commission shall define
1493
which shall be an interest.
1494
1495
ARTICLE VII
1496
1497
The Fish and Wildlife Service of the Department of the
1498
Interior of the Government of the United States shall act as the
1499
primary research agency of the Gulf States Marine Fisheries
1500
Commission cooperating with the research agencies in each state
1501
for that purpose. Representatives of the said fish and wildlife
1502
service shall attend the meetings of the commission. An advisory
1503
committee to be representative of the commercial salt water
1504
fishers and the salt water anglers and such other interests of
1505
each state as the commissioners deem advisable may be established
1506
by the commissioners from each state for the purpose of advising
1507
those commissioners upon such recommendations as it may desire to
1508
make.
1509
1510
ARTICLE VIII
1511
1512
When any state other than those named specifically in
1513
article II of this compact shall become a party hereto for the
1514
purpose of conserving its anadromous fish or marine species in
1515
accordance with the provisions of article II, the participation
1516
of such state in the action of the commission shall be limited to
1517
such species of fish.
1518
1519
ARTICLE IX
1520
1521
Nothing in this compact shall be construed to limit the
1522
powers or the proprietary interest of any signatory state or to
1523
repeal or prevent the enactment of any legislation or the
1524
enforcement of any requirement by a signatory state imposing
1525
additional conditions and restrictions to conserve its fisheries.
1526
1527
ARTICLE X
1528
1529
It is agreed that any two or more states party hereto may
1530
further amend this compact by acts of their respective
1531
legislatures subject to approval of Congress as provided in
1532
article I, s. 10, of the Constitution of the United States, to
1533
designate the Gulf States Marine Fisheries Commission as a joint
1534
regulating authority for the joint regulation of specific
1535
fisheries affecting only such states as shall be compact, and at
1536
their joint expense. The representatives of such states shall
1537
constitute a separate section of the Gulf States Marine Fisheries
1538
Commission for the exercise of the additional powers so granted
1539
but the creation of such section shall not be deemed to deprive
1540
the states so compacting of any of their privileges or powers in
1541
the Gulf States Marine Fisheries Commission as constituted under
1542
the other articles of this compact.
1543
1544
ARTICLE XI
1545
1546
Continued absence of representation or of any representative
1547
on the commission from any state party hereto shall be brought to
1548
the attention of the governor thereof.
1549
1550
ARTICLE XII
1551
1552
The operating expenses of the Gulf States Marine Fisheries
1553
Commission shall be borne by the states party hereto. Such
1554
initial appropriations as are set forth below shall be made
1555
available yearly until modified as hereinafter provided:
1556
Florida..............................................$3,500
1557
Alabama...............................................1,000
1558
Mississippi...........................................1,000
1559
Louisiana.............................................5,000
1560
Texas.................................................2,500
1561
Total...............................................$13,000
1562
1563
The proration and total cost per annum of $13,000, above-
1564
mentioned, is estimated only, for initial operations, and may be
1565
changed when found necessary by the commission and approved by
1566
the legislatures of the respective states. Each state party
1567
hereto agrees to provide in the manner most acceptable to it, the
1568
travel costs and necessary expenses of its commissioners and
1569
other representatives to and from meetings of the commission or
1570
its duly constituted sections or committees.
1571
1572
ARTICLE XIII
1573
1574
This compact shall continue in force and remain binding upon
1575
each compacting state until renounced by act of the legislature
1576
of such state, in such form as it may choose; provided that such
1577
renunciation shall not become effective until 6 months after the
1578
effective date of the action taken by the legislature. Notice of
1579
such renunciation shall be given to the other states party hereto
1580
by the secretary of state of the compacting state so renouncing
1581
upon passage of the act.
1582
(2) MEMBERS OF COMMISSION; TERM OF OFFICE.--In pursuance of
1583
article III of said compact, there shall be three members
1584
(hereinafter called commissioners) of the Gulf States Marine
1585
Fisheries Commission (hereafter called commission) from the State
1586
of Florida. The first commissioner from the State of Florida
1587
shall be the Executive Director of the Fish and Wildlife
1588
Conservation Commission, ex officio, and the term of any such ex
1589
officio commissioner shall terminate at the time he or she ceases
1590
to hold said office of Executive Director of the Fish and
1591
Wildlife Conservation Commission, and his or her successor as
1592
commissioner shall be his or her successor as executive director.
1593
The second commissioner from the State of Florida shall be a
1594
legislator appointed on a rotating basis by the President of the
1595
Senate or the Speaker of the House of Representatives, beginning
1596
with the appointment of a member of the House of Representatives,
1597
and the term of any such commissioner shall terminate at the time
1598
he or she ceases to hold said legislative office. The Governor
1599
(subject to confirmation by the Senate) shall appoint a citizen
1600
as a third commissioner who shall have a knowledge of and
1601
interest in the marine fisheries problem. The term of said
1602
commissioner shall be 3 years and the commissioner shall hold
1603
office until a successor shall be appointed and qualified.
1604
Vacancies occurring in the office of such commissioner from any
1605
reason or cause shall be filled by appointment by the Governor
1606
(subject to confirmation by the Senate) for the unexpired term.
1607
The Executive Director of the Fish and Wildlife Conservation
1608
Commission, as ex officio commissioner, may delegate, from time
1609
to time, to any deputy or other subordinate in his or her
1610
department or office, the power to be present and participate,
1611
including voting, as his or her representative or substitute at
1612
any meeting of or hearing by or other proceeding of the
1613
commission. The terms of each of the initial three members shall
1614
begin at the date of the appointment of the appointive
1615
commissioner, provided the said compact shall then have gone into
1616
effect in accordance with article II of the compact; otherwise
1617
they shall begin upon the date upon which said compact shall
1618
become effective in accordance with said article II.
1619
Any commissioner may be removed from office by the Governor
1620
upon charges and after a hearing.
1621
(3) COMMISSION; POWERS.--There is hereby granted to the
1622
commission and the commissioners thereof all the powers provided
1623
for in the said compact and all the powers necessary or
1624
incidental to the carrying out of said compact in every
1625
particular. All officers of the State of Florida are hereby
1626
authorized and directed to do all things falling within their
1627
respective provinces and jurisdiction necessary or incidental to
1628
the carrying out of said compact in every particular; it being
1629
hereby declared to be the policy of the State of Florida to
1630
perform and carry out the said compact and to accomplish the
1631
purposes thereof. All officers, bureaus, departments and persons
1632
of and in the state government or administration of the State of
1633
Florida are hereby authorized and directed at convenient times
1634
and upon request of the said commission to furnish the said
1635
commission with information and data possessed by them or any of
1636
them and to aid said commission by loan of personnel or other
1637
means lying within their legal rights respectively.
1638
(4) POWERS OF COMMISSION SUPPLEMENTAL.--Any powers herein
1639
granted to the commissioner shall be regarded as in aid of and
1640
supplemental to and in no case a limitation upon any of the
1641
powers vested in said commission by other laws of the State of
1642
Florida or by the laws of the States of Alabama, Mississippi,
1643
Louisiana, Texas and Florida or by the Congress or the terms of
1644
said compact.
1645
(5) ACCOUNTS TO BE KEPT BY COMMISSION; EXAMINATION.--The
1646
commission shall keep accurate accounts of all receipts and
1647
disbursements and shall report to the Governor and the
1648
Legislature of the State of Florida on or before the 10th day of
1649
December in each year, setting forth in detail the transactions
1650
conducted by it during the 12 months preceding December 1 of that
1651
year and shall make recommendations for any legislative action
1652
deemed by it advisable, including amendments to the statutes of
1653
the State of Florida which may be necessary to carry out the
1654
intent and purposes of the compact between the signatory states.
1655
The Department of Financial Services is authorized and
1656
empowered from time to time to examine the accounts and books of
1657
the commission, including its receipts, disbursements and such
1658
other items referring to its financial standing as such
1659
department deems proper and to report the results of such
1660
examination to the governor of such state.
1661
Section 38. Section 372.831, Florida Statutes, is
1662
renumbered as section 379.2255, Florida Statutes, and amended to
1663
read:
1664
379.2255 372.831 Wildlife Violator Compact Act.--The
1665
Wildlife Violator Compact is created and entered into with all
1666
other jurisdictions legally joining therein in the form
1667
substantially as follows:
1668
1669
ARTICLE I
1670
Findings and Purpose
1671
1672
(1) The participating states find that:
1673
(a) Wildlife resources are managed in trust by the
1674
respective states for the benefit of all residents and visitors.
1675
(b) The protection of the wildlife resources of a state is
1676
materially affected by the degree of compliance with state
1677
statutes, laws, regulations, ordinances, and administrative rules
1678
relating to the management of such resources.
1679
(c) The preservation, protection, management, and
1680
restoration of wildlife contributes immeasurably to the
1681
aesthetic, recreational, and economic aspects of such natural
1682
resources.
1683
(d) Wildlife resources are valuable without regard to
1684
political boundaries; therefore, every person should be required
1685
to comply with wildlife preservation, protection, management, and
1686
restoration laws, ordinances, and administrative rules and
1687
regulations of the participating states as a condition precedent
1688
to the continuance or issuance of any license to hunt, fish,
1689
trap, or possess wildlife.
1690
(e) Violation of wildlife laws interferes with the
1691
management of wildlife resources and may endanger the safety of
1692
persons and property.
1693
(f) The mobility of many wildlife law violators
1694
necessitates the maintenance of channels of communication among
1695
the various states.
1696
(g) In most instances, a person who is cited for a wildlife
1697
violation in a state other than his or her home state is:
1698
1. Required to post collateral or a bond to secure
1699
appearance for a trial at a later date;
1700
2. Taken into custody until the collateral or bond is
1701
posted; or
1702
3. Taken directly to court for an immediate appearance.
1703
(h) The purpose of the enforcement practices set forth in
1704
paragraph (g) is to ensure compliance with the terms of a
1705
wildlife citation by the cited person who, if permitted to
1706
continue on his or her way after receiving the citation, could
1707
return to his or her home state and disregard his or her duty
1708
under the terms of the citation.
1709
(i) In most instances, a person receiving a wildlife
1710
citation in his or her home state is permitted to accept the
1711
citation from the officer at the scene of the violation and
1712
immediately continue on his or her way after agreeing or being
1713
instructed to comply with the terms of the citation.
1714
(j) The practices described in paragraph (g) cause
1715
unnecessary inconvenience and, at times, a hardship for the
1716
person who is unable at the time to post collateral, furnish a
1717
bond, stand trial, or pay a fine, and thus is compelled to remain
1718
in custody until some alternative arrangement is made.
1719
(k) The enforcement practices described in paragraph (g)
1720
consume an undue amount of time of law enforcement agencies.
1721
(2) It is the policy of the participating states to:
1722
(a) Promote compliance with the statutes, laws, ordinances,
1723
regulations, and administrative rules relating to the management
1724
of wildlife resources in their respective states.
1725
(b) Recognize a suspension of the wildlife license
1726
privileges of any person whose license privileges have been
1727
suspended by a participating state and treat such suspension as
1728
if it had occurred in each respective state.
1729
(c) Allow a violator, except as provided in subsection (2)
1730
of Article III, to accept a wildlife citation and, without delay,
1731
proceed on his or her way, whether or not the violator is a
1732
resident of the state in which the citation was issued, if the
1733
violator's home state is party to this compact.
1734
(d) Report to the appropriate participating state, as
1735
provided in the compact manual, any conviction recorded against
1736
any person whose home state was not the issuing state.
1737
(e) Allow the home state to recognize and treat convictions
1738
recorded against its residents, which convictions occurred in a
1739
participating state, as though they had occurred in the home
1740
state.
1741
(f) Extend cooperation to its fullest extent among the
1742
participating states for enforcing compliance with the terms of a
1743
wildlife citation issued in one participating state to a resident
1744
of another participating state.
1745
(g) Maximize the effective use of law enforcement personnel
1746
and information.
1747
(h) Assist court systems in the efficient disposition of
1748
wildlife violations.
1749
(3) The purpose of this compact is to:
1750
(a) Provide a means through which participating states may
1751
join in a reciprocal program to effectuate the policies
1752
enumerated in subsection (2) in a uniform and orderly manner.
1753
(b) Provide for the fair and impartial treatment of
1754
wildlife violators operating within participating states in
1755
recognition of the violator's right to due process and the
1756
sovereign status of a participating state.
1757
1758
ARTICLE II
1759
Definitions
1760
1761
As used in this compact, the term:
1762
(1) "Citation" means any summons, complaint, summons and
1763
complaint, ticket, penalty assessment, or other official document
1764
issued to a person by a wildlife officer or other peace officer
1765
for a wildlife violation which contains an order requiring the
1766
person to respond.
1767
(2) "Collateral" means any cash or other security deposited
1768
to secure an appearance for trial in connection with the issuance
1769
by a wildlife officer or other peace officer of a citation for a
1770
wildlife violation.
1771
(3) "Compliance" with respect to a citation means the act
1772
of answering a citation through an appearance in a court or
1773
tribunal, or through the payment of fines, costs, and surcharges,
1774
if any.
1775
(4) "Conviction" means a conviction that results in
1776
suspension or revocation of a license, including any court
1777
conviction, for any offense related to the preservation,
1778
protection, management, or restoration of wildlife which is
1779
prohibited by state statute, law, regulation, ordinance, or
1780
administrative rule. The term also includes the forfeiture of any
1781
bail, bond, or other security deposited to secure appearance by a
1782
person charged with having committed any such offense, the
1783
payment of a penalty assessment, a plea of nolo contendere, or
1784
the imposition of a deferred or suspended sentence by the court.
1785
(5) "Court" means a court of law, including magistrate's
1786
court and the justice of the peace court.
1787
(6) "Home state" means the state of primary residence of a
1788
person.
1789
(7) "Issuing state" means the participating state that
1790
issues a wildlife citation to the violator.
1791
(8) "License" means any license, permit, or other public
1792
document that conveys to the person to whom it was issued the
1793
privilege of pursuing, possessing, or taking any wildlife
1794
regulated by statute, law, regulation, ordinance, or
1795
administrative rule of a participating state; any privilege to
1796
obtain such license, permit, or other public document; or any
1797
statutory exemption from the requirement to obtain such license,
1798
permit, or other public document. However, when applied to a
1799
license, permit, or privilege issued or granted by the State of
1800
Florida, only a license or permit issued under s. 379.354 372.57,
1801
or a privilege granted under s. 379.353 372.562, shall be
1802
considered a license.
1803
(9) "Licensing authority" means the department or division
1804
within each participating state which is authorized by law to
1805
issue or approve licenses or permits to hunt, fish, trap, or
1806
possess wildlife.
1807
(10) "Participating state" means any state that enacts
1808
legislation to become a member of this wildlife compact.
1809
(11) "Personal recognizance" means an agreement by a person
1810
made at the time of issuance of the wildlife citation that such
1811
person will comply with the terms of the citation.
1812
(12) "State" means any state, territory, or possession of
1813
the United States, the District of Columbia, the Commonwealth of
1814
Puerto Rico, the Provinces of Canada, and other countries.
1815
(13) "Suspension" means any revocation, denial, or
1816
withdrawal of any or all license privileges, including the
1817
privilege to apply for, purchase, or exercise the benefits
1818
conferred by any license.
1819
(14) "Terms of the citation" means those conditions and
1820
options expressly stated upon the citation.
1821
(15) "Wildlife" means all species of animals, including,
1822
but not limited to, mammals, birds, fish, reptiles, amphibians,
1823
mollusks, and crustaceans, which are defined as "wildlife" and
1824
are protected or otherwise regulated by statute, law, regulation,
1825
ordinance, or administrative rule in a participating state.
1826
Species included in the definition of "wildlife" vary from state
1827
to state and the determination of whether a species is "wildlife"
1828
for the purposes of this compact shall be based on local law.
1829
(16) "Wildlife law" means any statute, law, regulation,
1830
ordinance, or administrative rule developed and enacted for the
1831
management of wildlife resources and the uses thereof.
1832
(17) "Wildlife officer" means any individual authorized by
1833
a participating state to issue a citation for a wildlife
1834
violation.
1835
(18) "Wildlife violation" means any cited violation of a
1836
statute, law, regulation, ordinance, or administrative rule
1837
developed and enacted for the management of wildlife resources
1838
and the uses thereof.
1839
1840
ARTICLE III
1841
Procedures for Issuing State
1842
1843
(1) When issuing a citation for a wildlife violation, a
1844
wildlife officer shall issue a citation to any person whose
1845
primary residence is in a participating state in the same manner
1846
as though the person were a resident of the issuing state and
1847
shall not require such person to post collateral to secure
1848
appearance, subject to the exceptions noted in subsection (2), if
1849
the officer receives the recognizance of such person that he will
1850
comply with the terms of the citation.
1851
(2) Personal recognizance is acceptable if not prohibited
1852
by local law; by policy, procedure, or regulation of the issuing
1853
agency; or by the compact manual and if the violator provides
1854
adequate proof of identification to the wildlife officer.
1855
(3) Upon conviction or failure of a person to comply with
1856
the terms of a wildlife citation, the appropriate official shall
1857
report the conviction or failure to comply to the licensing
1858
authority of the participating state in which the wildlife
1859
citation was issued. The report shall be made in accordance with
1860
procedures specified by the issuing state and must contain
1861
information as specified in the compact manual as minimum
1862
requirements for effective processing by the home state.
1863
(4) Upon receipt of the report of conviction or
1864
noncompliance pursuant to subsection (3), the licensing authority
1865
of the issuing state shall transmit to the licensing authority of
1866
the home state of the violator the information in the form and
1867
content prescribed in the compact manual.
1868
1869
ARTICLE IV
1870
Procedure for Home State
1871
1872
(1) Upon receipt of a report from the licensing authority
1873
of the issuing state reporting the failure of a violator to
1874
comply with the terms of a citation, the licensing authority of
1875
the home state shall notify the violator and shall initiate a
1876
suspension action in accordance with the home state's suspension
1877
procedures and shall suspend the violator's license privileges
1878
until satisfactory evidence of compliance with the terms of the
1879
wildlife citation has been furnished by the issuing state to the
1880
home state licensing authority. Due-process safeguards shall be
1881
accorded.
1882
(2) Upon receipt of a report of conviction from the
1883
licensing authority of the issuing state, the licensing authority
1884
of the home state shall enter such conviction in its records and
1885
shall treat such conviction as though it occurred in the home
1886
state for purposes of the suspension of license privileges.
1887
(3) The licensing authority of the home state shall
1888
maintain a record of actions taken and shall make reports to
1889
issuing states as provided in the compact manual.
1890
1891
ARTICLE V
1892
Reciprocal Recognition of Suspension
1893
1894
(1) Each participating state may recognize the suspension
1895
of license privileges of any person by any other participating
1896
state as though the violation resulting in the suspension had
1897
occurred in that state and would have been the basis for
1898
suspension of license privileges in that state.
1899
(2) Each participating state shall communicate suspension
1900
information to other participating states in the form and content
1901
contained in the compact manual.
1902
1903
ARTICLE VI
1904
Applicability of Other Laws
1905
1906
Except as expressly required by provisions of this compact, this
1907
compact does not affect the right of any participating state to
1908
apply any of its laws relating to license privileges to any
1909
person or circumstance or to invalidate or prevent any agreement
1910
or other cooperative arrangement between a participating state
1911
and a nonparticipating state concerning the enforcement of
1912
wildlife laws.
1913
1914
ARTICLE VII
1915
Compact Administrator Procedures
1916
1917
(1) For the purpose of administering the provisions of this
1918
compact and to serve as a governing body for the resolution of
1919
all matters relating to the operation of this compact, a board of
1920
compact administrators is established. The board shall be
1921
composed of one representative from each of the participating
1922
states to be known as the compact administrator. The compact
1923
administrator shall be appointed by the head of the licensing
1924
authority of each participating state and shall serve and be
1925
subject to removal in accordance with the laws of the state he or
1926
she represents. A compact administrator may provide for the
1927
discharge of his or her duties and the performance of his or her
1928
functions as a board member by an alternate. An alternate is not
1929
entitled to serve unless written notification of his or her
1930
identity has been given to the board.
1931
(2) Each member of the board of compact administrators
1932
shall be entitled to one vote. No action of the board shall be
1933
binding unless taken at a meeting at which a majority of the
1934
total number of the board's votes are cast in favor thereof.
1935
Action by the board shall be only at a meeting at which a
1936
majority of the participating states are represented.
1937
(3) The board shall elect annually from its membership a
1938
chairman and vice chairman.
1939
(4) The board shall adopt bylaws not inconsistent with the
1940
provisions of this compact or the laws of a participating state
1941
for the conduct of its business and shall have the power to amend
1942
and rescind its bylaws.
1943
(5) The board may accept for any of its purposes and
1944
functions under this compact any and all donations and grants of
1945
moneys, equipment, supplies, materials, and services, conditional
1946
or otherwise, from any state, the United States, or any
1947
governmental agency, and may receive, use, and dispose of the
1948
same.
1949
(6) The board may contract with, or accept services or
1950
personnel from, any governmental or intergovernmental agency,
1951
individual, firm, corporation, or private nonprofit organization
1952
or institution.
1953
(7) The board shall formulate all necessary procedures and
1954
develop uniform forms and documents for administering the
1955
provisions of this compact. All procedures and forms adopted
1956
pursuant to board action shall be contained in a compact manual.
1957
1958
ARTICLE VIII
1959
Entry into Compact and Withdrawal
1960
1961
(1) This compact shall become effective at such time as it
1962
is adopted in substantially similar form by two or more states.
1963
(2)
1964
(a) Entry into the compact shall be made by resolution of
1965
ratification executed by the authorized officials of the applying
1966
state and submitted to the chairman of the board.
1967
(b) The resolution shall substantially be in the form and
1968
content as provided in the compact manual and must include the
1969
following:
1970
1. A citation of the authority from which the state is
1971
empowered to become a party to this compact;
1972
2. An agreement of compliance with the terms and provisions
1973
of this compact; and
1974
3. An agreement that compact entry is with all states
1975
participating in the compact and with all additional states
1976
legally becoming a party to the compact.
1977
(c) The effective date of entry shall be specified by the
1978
applying state, but may not be less than 60 days after notice has
1979
been given by the chairman of the board of the compact
1980
administrators or by the secretariat of the board to each
1981
participating state that the resolution from the applying state
1982
has been received.
1983
(3) A participating state may withdraw from participation
1984
in this compact by official written notice to each participating
1985
state, but withdrawal shall not become effective until 90 days
1986
after the notice of withdrawal is given. The notice must be
1987
directed to the compact administrator of each member state. The
1988
withdrawal of any state does not affect the validity of this
1989
compact as to the remaining participating states.
1990
1991
ARTICLE IX
1992
Amendments to the Compact
1993
1994
(1) This compact may be amended from time to time.
1995
Amendments shall be presented in resolution form to the chairman
1996
of the board of compact administrators and shall be initiated by
1997
one or more participating states.
1998
(2) Adoption of an amendment shall require endorsement by
1999
all participating states and shall become effective 30 days after
2000
the date of the last endorsement.
2001
2002
ARTICLE X
2003
Construction and Severability
2004
2005
This compact shall be liberally construed so as to effectuate the
2006
purposes stated herein. The provisions of this compact are
2007
severable and if any phrase, clause, sentence, or provision of
2008
this compact is declared to be contrary to the constitution of
2009
any participating state or of the United States, or if the
2010
applicability thereof to any government, agency, individual, or
2011
circumstance is held invalid, the validity of the remainder of
2012
this compact shall not be affected thereby. If this compact is
2013
held contrary to the constitution of any participating state, the
2014
compact shall remain in full force and effect as to the remaining
2015
states and in full force and effect as to the participating state
2016
affected as to all severable matters.
2017
2018
ARTICLE XI
2019
Title
2020
2021
This compact shall be known as the "Wildlife Violator
2022
Compact."
2023
Section 39. Section 372.8311, Florida Statutes, is
2024
renumbered as section 379.2256, Florida Statutes, and amended to
2025
read:
2026
379.2256 372.8311 Compact licensing and enforcement
2027
authority; administrative review.--
2028
(1) LICENSING AND ENFORCEMENT AUTHORITY.--For purposes of
2029
this act and the interstate Wildlife Violator Compact, the Fish
2030
and Wildlife Conservation Commission is the licensing authority
2031
for the State of Florida and shall enforce the interstate
2032
Wildlife Violator Compact and shall do all things within the
2033
commission's jurisdiction which are necessary to effectuate the
2034
purposes and the intent of the compact. The commission may
2035
execute a resolution of ratification to formalize the State of
2036
Florida's entry into the compact. Upon adoption of the Wildlife
2037
Violator Compact, the commission may adopt rules to administer
2038
the provisions of the compact.
2039
(2) ADMINISTRATIVE REVIEW.--Any action committed or omitted
2040
by the Fish and Wildlife Conservation Commission under or in the
2041
enforcement of the Wildlife Violator Compact created in s.
2042
379.2255 372.831 is subject to review under chapter 120.
2043
Section 40. Section 372.74, Florida Statutes, is renumbered
2044
as section 379.2257, Florida Statutes, to read:
2045
379.2257 372.74 Cooperative agreements with U. S. Forest
2046
Service; penalty.--The Fish and Wildlife Conservation Commission
2047
is authorized and empowered:
2048
(1) To enter into cooperative agreements with the United
2049
States Forest Service for the development of game, bird, fish,
2050
reptile, or fur-bearing animal management and demonstration
2051
projects on and in the Osceola National Forest in Columbia and
2052
Baker Counties, and in the Ocala National Forest in Marion, Lake,
2053
and Putnam Counties and in the Apalachicola National Forest in
2054
Liberty County. Provided, however, that no such cooperative
2055
agreements shall become effective in any county concerned until
2056
confirmed by the board of county commissioners of such county
2057
expressed through appropriate resolution.
2058
(2) In cooperation with the United States Forest Service,
2059
to make, adopt, promulgate, amend, and repeal rules and
2060
regulations, consistent with law, for the further or better
2061
control of hunting, fishing, and control of wildlife in the above
2062
National Forests or parts thereof; to shorten seasons and reduce
2063
bag limits, or shorten or close seasons on any species of game,
2064
bird, fish, reptile, or fur-bearing animal within the limits
2065
prescribed by the Florida law, in the above enumerated National
2066
Forests or parts thereof, when it shall find after investigation
2067
that such action is necessary to assure the maintenance of an
2068
adequate supply of wildlife.
2069
(3) To fix a charge not to exceed $5, for persons 18 years
2070
of age and over, and not to exceed $2 for persons under the age
2071
of 18 years, over and above the license fee for hunting now
2072
required by law. This additional fee is to apply only on areas
2073
covered by above cooperative agreements. The proceeds from this
2074
additional license fee shall be used in the development,
2075
propagation of wildlife, and protection of the areas covered by
2076
the cooperative agreements as the commission and the United
2077
States Forest Service may deem proper. Nothing in this section
2078
shall be construed as authorizing the commission to change any
2079
penalty prescribed by law or to change the amount of general
2080
license fees or the general authority conferred by licenses
2081
prescribed by law.
2082
(4) In addition to the requirements of chapter 120, notice
2083
of the making, adoption, and promulgation of the above rules and
2084
regulations shall be given by posting said notices, or copies of
2085
the rules and regulations, in the offices of the county judges
2086
and in the post offices within the area to be affected and within
2087
10 miles thereof. In addition to the posting of said notices, as
2088
aforesaid, copies of said notices or of said rules and
2089
regulations shall also be published in newspapers published at
2090
the county seats of Baker, Columbia, Marion, Lake, Putnam, and
2091
Liberty Counties, or so many thereof as have newspapers, once not
2092
more than 35 nor less than 28 days and once not more than 21 nor
2093
less than 14 days prior to the opening of the state hunting
2094
season in said areas. Any person violating any rules or
2095
regulations promulgated by the commission to cover these areas
2096
under cooperative agreements between the Fish and Wildlife
2097
Conservation Commission and the United States Forest Service,
2098
none of which shall be in conflict with the laws of Florida,
2099
shall be guilty of a misdemeanor of the second degree, punishable
2101
Section 41. Section 372.77, Florida Statutes, is renumbered
2102
as section 379.2258, Florida Statutes, to read:
2103
379.2258 372.77 Assent to provisions of Act of Congress of
2104
September 2, 1937.--
2105
(1) The state hereby assents to the provisions of the Act
2106
of Congress entitled "An Act to provide that the United States
2107
shall aid the States in Wildlife Restoration Projects, and for
2108
other purposes," approved September 2, 1937 (Pub. L. No. 415,
2109
75th Congress), and the Fish and Wildlife Conservation Commission
2110
is hereby authorized, empowered, and directed to perform such
2111
acts as may be necessary to the conduct and establishment of
2112
cooperative wildlife restoration projects, as defined in said Act
2113
of Congress, in compliance with said act and rules and
2114
regulations promulgated by the Secretary of Agriculture
2115
thereunder.
2116
(2) From and after the passage of this section it shall be
2117
unlawful to divert any funds accruing to the state from license
2118
fees paid by hunters for any purpose other than the
2119
administration of the Fish and Wildlife Conservation Commission
2120
of the state.
2121
Section 42. Section 372.7701, Florida Statutes, is
2122
renumbered as section 379.2259, Florida Statutes, and amended to
2123
read:
2124
379.2259 372.7701 Assent to federal acts.--
2125
(1) The state hereby assents to the provisions of the
2126
Federal Aid in Fish Restoration Act of August 9, 1950, as
2127
amended. The Fish and Wildlife Conservation Commission shall
2128
perform such activities as are necessary to conduct wildlife and
2129
sportfish restoration projects, as defined in such Act of
2130
Congress and in compliance with the act and rules adopted
2131
thereunder by the United States Department of the Interior.
2132
Furthermore, the commission shall develop and implement programs
2133
to manage, protect, restore, and conserve marine mammals and the
2134
marine fishery and shall develop and implement similar programs
2135
for wild animal life and freshwater aquatic life.
2136
(2) Revenues from fees paid by hunters and sport fishers
2137
may not be diverted to purposes other than the administration of
2138
fish and wildlife programs by the Fish and Wildlife Conservation
2139
Commission. Administration of the state fish and wildlife
2140
programs includes only those functions of fish and wildlife
2141
management as are the responsibility of and under the authority
2142
of the Fish and Wildlife Conservation Commission.
2143
(3) This section shall be construed in harmony with s.
2144
379.2258 372.77.
2145
Section 43. Section 370.21, Florida Statutes, is renumbered
2146
as section 379.226, Florida Statutes, and amended to read:
2147
379.226 370.21 Florida Territorial Waters Act; alien-owned
2148
commercial fishing vessels; prohibited acts; enforcement.--
2149
(1) This act may be known and cited as the "Florida
2150
Territorial Waters Act."
2151
(2) It is the purpose of this act to exercise and exert
2152
full sovereignty and control of the territorial waters of the
2153
state.
2154
(3) No license shall be issued by the Fish and Wildlife
2155
Conservation Commission under s. 379.361 370.06, to any vessel
2156
owned in whole or in part by any alien power, which subscribes to
2157
the doctrine of international communism, or any subject or
2158
national thereof, who subscribes to the doctrine of international
2159
communism, or any individual who subscribes to the doctrine of
2160
international communism, or who shall have signed a treaty of
2161
trade, friendship and alliance or a nonaggression pact with any
2162
communist power. The commission shall grant or withhold said
2163
licenses where other alien vessels are involved on the basis of
2164
reciprocity and retorsion, unless the nation concerned shall be
2165
designated as a friendly ally or neutral by a formal suggestion
2166
transmitted to the Governor of Florida by the Secretary of State
2167
of the United States. Upon the receipt of such suggestion
2168
licenses shall be granted under s. 379.361 370.06, without regard
2169
to reciprocity and retorsion, to vessels of such nations.
2170
(4) It is unlawful for any unlicensed alien vessel to take
2171
by any means whatsoever, attempt to take, or having so taken to
2172
possess, any natural resource of the state's territorial waters,
2173
as such waters are described by Art. II of the State
2174
Constitution.
2175
(5) It is the duty of all harbormasters of the state to
2176
prevent the use of any port facility in a manner which they
2177
reasonably suspect may assist in the violation of this act.
2178
Harbormasters shall endeavor by all reasonable means, which may
2179
include the inspection of nautical logs, to ascertain from
2180
masters of newly arrived vessels of all types other than warships
2181
of the United States, the presence of alien commercial fishing
2182
vessels within the territorial waters of the state, and shall
2183
transmit such information promptly to the Fish and Wildlife
2184
Conservation Commission and such law enforcement agencies of the
2185
state as the situation may indicate. Harbormasters shall request
2186
assistance from the United States Coast Guard in appropriate
2187
cases to prevent unauthorized departure from any port facility.
2188
(6) All licensed harbor pilots are required to promptly
2189
transmit any knowledge coming to their attention regarding
2190
possible violations of this act to the harbormaster of the port
2191
or the appropriate law enforcement officials.
2192
(7) All law enforcement agencies of the state, including
2193
but not limited to sheriffs and officers of the Fish and Wildlife
2194
Conservation Commission, are empowered and directed to arrest the
2195
masters and crews of vessels who are reasonably believed to be in
2196
violation of this law, and to seize and detain such vessels,
2197
their equipment and catch. Such arresting officers shall take the
2198
offending crews or property before the court having jurisdiction
2199
of such offenses. All such agencies are directed to request
2200
assistance from the United States Coast Guard in the enforcement
2201
of this act when having knowledge of vessels operating in
2202
violation or probable violation of this act within their
2203
jurisdictions when such agencies are without means to effectuate
2204
arrest and restraint of vessels and their crews.
2205
(8) The fine or imprisonment of persons and confiscation
2206
proceedings against vessels, gear and catch prescribed for
2207
violations of this chapter, shall be imposed for violation of
2208
this act; provided that nothing herein shall authorize the
2209
repurchase of property for a nominal sum by the owner upon proof
2210
of lack of complicity in the violation or undertaking.
2211
(9) No crew member or master seeking bona fide political
2212
asylum shall be fined or imprisoned hereunder.
2213
(10) Harbormasters and law enforcement agencies are
2214
authorized to request assistance from the Civil Air Patrol in the
2215
surveillance of suspect vessels. Aircraft of the Division of
2216
Forestry of the Department of Agriculture and Consumer Services
2217
or other state or county agencies which are conveniently located
2218
and not otherwise occupied may be similarly utilized.
2219
Section 44. Section 370.06092, Florida Statutes, is
2220
renumbered as section 379.2271, Florida Statutes, to read:
2221
379.2271 370.06092 Harmful-Algal-Bloom Task Force.--
2222
(1) There is established a Harmful-Algal-Bloom Task Force
2223
for the purpose of determining research, monitoring, control, and
2224
mitigation strategies for red tide and other harmful algal blooms
2225
in Florida waters. The Fish and Wildlife Research Institute shall
2226
appoint to the task force scientists, engineers, economists,
2227
members of citizen groups, and members of government. The task
2228
force shall determine research and monitoring priorities and
2229
control and mitigation strategies and make recommendations to the
2230
Fish and Wildlife Research Institute for using funds as provided
2231
in this act.
2232
(2) The Harmful-Algal-Bloom Task Force shall:
2233
(a) Review the status and adequacy of information for
2234
monitoring physical, chemical, biological, economic, and public
2235
health factors affecting harmful algal blooms in Florida;
2236
(b) Develop research and monitoring priorities for harmful
2237
algal blooms in Florida, including detection, prediction,
2238
mitigation, and control;
2239
(c) Develop recommendations that can be implemented by
2240
state and local governments to develop a response plan and to
2241
predict, mitigate, and control the effects of harmful algal
2242
blooms; and
2243
(d) Make recommendations to the Fish and Wildlife Research
2244
Institute for research, detection, monitoring, prediction,
2245
mitigation, and control of harmful algal blooms in Florida.
2246
Section 45. Section 370.06093, Florida Statutes, is
2247
renumbered as section 379.2272, Florida Statutes, to read:
2248
379.2272 370.06093 Harmful-algal-bloom program;
2249
implementation; goals; funding.--
2250
(1)(a) The Fish and Wildlife Research Institute shall
2251
implement a program designed to increase the knowledge of factors
2252
that control harmful algal blooms, including red tide, and to
2253
gain knowledge to be used for the early detection of factors
2254
precipitating harmful algal blooms for accurate prediction of the
2255
extent and seriousness of harmful algal blooms and for
2256
undertaking successful efforts to control and mitigate the
2257
effects of harmful algal blooms.
2258
(b) The Legislature intends that this program enhance and
2259
address areas that are not adequately covered in the cooperative
2260
federal-state program known as Ecology and Oceanography of
2261
Harmful Algal Blooms (ECOHAB-Florida), which includes the
2262
University of South Florida, the Mote Marine Laboratory, and the
2263
Fish and Wildlife Research Institute.
2264
(c) The goal of this program is to enable resource managers
2265
to assess the potential for public health damage and economic
2266
damage from a given bloom and to undertake control and mitigation
2267
efforts through the development and application of an integrated
2268
detection and prediction network for monitoring and responding to
2269
the development and movement of harmful algal blooms in Florida
2270
marine and estuarine waters.
2271
(2) A financial disbursement program is created within the
2272
Fish and Wildlife Research Institute to implement the provisions
2273
of this act. Under the program, the institute shall provide
2274
funding and technical assistance to government agencies, research
2275
universities, coastal local governments, and organizations with
2276
scientific and technical expertise for the purposes of harmful-
2277
algal-bloom research, economic impact study, monitoring,
2278
detection, control, and mitigation. The program may be funded
2279
from state, federal, and private contributions.
2280
Section 46. Section 372.97, Florida Statutes, is renumbered
2281
as section 379.2281, Florida Statutes, to read:
2282
379.2281 372.97 Jim Woodruff Dam; reciprocity
2283
agreements.--The Fish and Wildlife Conservation Commission of the
2284
state is hereby authorized to enter into an agreement of the
2285
reciprocity with the game and fish commissioners or the
2286
appropriate officials or departments of the State of Georgia and
2287
the State of Alabama relative to the taking of game and
2288
freshwater fish from the waters of the lake created by the Jim
2289
Woodruff Dam by permitting reciprocal license privileges.
2290
Section 47. Section 372.971, Florida Statutes, is
2291
renumbered as section 379.2282, Florida Statutes, to read:
2292
379.2282 372.971 St. Marys River; reciprocity
2293
agreements.--The Fish and Wildlife Conservation Commission of the
2294
state is hereby authorized to enter into an agreement of
2295
reciprocity with the game and fish commissioner or the
2296
appropriate officials or departments of the State of Georgia
2297
relative to the taking of game and freshwater fish from the
2298
waters of the St. Marys River by permitting reciprocal agreement
2299
license privileges.
2300
Section 48. Section 372.072, Florida Statutes, is
2301
renumbered as 379.2291, Florida Statutes, to read:
2302
379.2291 372.072 Endangered and Threatened Species Act.--
2303
(1) SHORT TITLE.--This section may be cited as the "Florida
2304
Endangered and Threatened Species Act."
2305
(2) DECLARATION OF POLICY.--The Legislature recognizes that
2306
the State of Florida harbors a wide diversity of fish and
2307
wildlife and that it is the policy of this state to conserve and
2308
wisely manage these resources, with particular attention to those
2309
species defined by the Fish and Wildlife Conservation Commission,
2310
the Department of Environmental Protection, or the United States
2311
Department of Interior, or successor agencies, as being
2312
endangered or threatened. As Florida has more endangered and
2313
threatened species than any other continental state, it is the
2314
intent of the Legislature to provide for research and management
2315
to conserve and protect these species as a natural resource.
2316
(3) DEFINITIONS.--As used in this section:
2317
(a) "Fish and wildlife" means any member of the animal
2318
kingdom, including, but not limited to, any mammal, fish, bird,
2319
amphibian, reptile, mollusk, crustacean, arthropod, or other
2320
invertebrate.
2321
(b) "Endangered species" means any species of fish and
2322
wildlife naturally occurring in Florida, whose prospects of
2323
survival are in jeopardy due to modification or loss of habitat;
2324
overutilization for commercial, sporting, scientific, or
2325
educational purposes; disease; predation; inadequacy of
2326
regulatory mechanisms; or other natural or manmade factors
2327
affecting its continued existence.
2328
(c) "Threatened species" means any species of fish and
2329
wildlife naturally occurring in Florida which may not be in
2330
immediate danger of extinction, but which exists in such small
2331
populations as to become endangered if it is subjected to
2332
increased stress as a result of further modification of its
2333
environment.
2334
(4) INTERAGENCY COORDINATION.--
2335
(a) The commission shall be responsible for research and
2336
management of freshwater and upland species and for research and
2337
management of marine species.
2338
(b) Recognizing that citizen awareness is a key element in
2339
the success of this plan, the commission and the Department of
2340
Education are encouraged to work together to develop a public
2341
education program with emphasis on, but not limited to, both
2342
public and private schools.
2343
(c) The commission, in consultation with the Department of
2344
Agriculture and Consumer Services, the Department of Community
2345
Affairs, or the Department of Transportation, may establish
2346
reduced speed zones along roads, streets, and highways to protect
2347
endangered species or threatened species.
2348
(5) ANNUAL REPORT.--The director of the commission shall,
2349
at least 30 days prior to each annual session of the Legislature,
2350
transmit to the Governor and Cabinet, the President of the
2351
Senate, the Speaker of the House of Representatives, and the
2352
chairs of the appropriate Senate and House committees, a revised
2353
and updated plan for management and conservation of endangered
2354
and threatened species, including criteria for research and
2355
management priorities; a description of the educational program;
2356
statewide policies pertaining to protection of endangered and
2357
threatened species; additional legislation which may be required;
2358
and the recommended level of funding for the following year,
2359
along with a progress report and budget request.
2360
(6) MEASURABLE BIOLOGICAL GOALS.--Measurable biological
2361
goals that define manatee recovery developed by the commission,
2362
working in conjunction with the United States Fish and Wildlife
2363
Service, shall be used by the commission in its development of
2364
management plans or work plans. In addition to other criteria,
2365
these measurable biological goals shall be used by the commission
2366
when evaluating existing and proposed protection rules, and in
2367
determining progress in achieving manatee recovery. Not later
2368
than July 1, 2005, the commission shall develop rules to define
2369
how measurable biological goals will be used by the commission
2370
when evaluating the need for additional manatee protection rules.
2371
Section 49. Section 372.073, Florida Statutes, is
2372
renumbered as section 379.2292, Florida Statutes, and amended to
2373
read:
2374
379.2292 372.073 Endangered and Threatened Species Reward
2375
Program.--
2376
(1) There is established within the Fish and Wildlife
2377
Conservation Commission the Endangered and Threatened Species
2378
Reward Program, to be funded from the Nongame Wildlife Trust
2379
Fund. The commission may post rewards to persons responsible for
2380
providing information leading to the arrest and conviction of
2381
persons illegally killing or wounding or wrongfully possessing
2382
any of the endangered and threatened species listed on the
2383
official Florida list of such species maintained by the
2384
commission or the arrest and conviction of persons who violate s.
2386
provided by donations from interested individuals and
2387
organizations. The reward program is to be administered by the
2388
commission. The commission shall establish a schedule of rewards.
2389
(2) The commission may expend funds only for the following
2390
purposes:
2391
(a) The payment of rewards to persons, other than law
2392
enforcement officers, commission personnel, and members of their
2393
immediate families, for information as specified in subsection
2394
(1); or
2395
(b) The promotion of public recognition and awareness of
2396
the Endangered and Threatened Species Reward Program.
2397
Section 50. Section 372.771, Florida Statutes, is
2398
renumbered as section 379.23, Florida Statutes, to read:
2399
379.23 372.771 Federal conservation of fish and wildlife;
2400
limited jurisdiction.--
2401
(1) Consent of the State of Florida is hereby given, to the
2402
United States for acquisition of lands, waters, or lands and
2403
waters or interests therein, for the purpose of managing,
2404
protecting and propagating fish and wildlife and for other
2405
conservation uses in the state, providing prior notice has been
2406
given by the Federal Government to the Board of Trustees of the
2407
Internal Improvement Trust Fund, the board of county
2408
commissioners of the county where the lands proposed for purchase
2409
are located, of such proposed action stating the specific use to
2410
be made of and the specific location and description of such
2411
lands desired by the Federal Government for any such conservation
2412
use, and that such plans for acquisition and use of said lands be
2413
approved by the Board of Trustees of the Internal Improvement
2414
Trust Fund, the board of county commissioners of the county where
2415
the lands proposed for purchase are located; provided further
2416
that nothing herein contained shall be construed to give the
2417
consent of the State of Florida to the acquisition by the United
2418
States of lands, waters, or lands and waters, or interests
2419
therein, through exercise of the power of eminent domain;
2420
provided further that the provisions of this act shall not apply
2421
to lands owned by the several counties or by public corporations.
2422
(2) The United States may exercise concurrent jurisdiction
2423
over lands so acquired and carry out the intent and purpose of
2424
the authority except that the existing laws of Florida relating
2425
to the Department of Environmental Protection or the Fish and
2426
Wildlife Conservation Commission shall prevail relating to any
2427
area under their supervision.
2428
Section 51. Section 372.265, Florida Statutes, is
2429
renumbered as section 379.231, Florida Statutes, and amended to
2430
read:
2431
379.231 372.265 Regulation of foreign animals.--
2432
(1) It is unlawful to import for sale or use, or to release
2433
within this state, any species of the animal kingdom not
2434
indigenous to Florida without having obtained a permit to do so
2435
from the Fish and Wildlife Conservation Commission.
2436
(2) The Fish and Wildlife Conservation Commission is
2437
authorized to issue or deny such a permit upon the completion of
2438
studies of the species made by it to determine any detrimental
2439
effect the species might have on the ecology of the state.
2440
(3) A person in violation of this section commits a Level
2441
Three violation under s. 379.401 372.83.
2442
Section 52. Section 370.03, Florida Statutes, is renumbered
2443
as section 379.232, Florida Statutes, to read:
2444
379.232 370.03 Water bottoms.--
2445
(1) OWNERSHIP.--All beds and bottoms of navigable rivers,
2446
bayous, lagoons, lakes, bays, sounds, inlets, oceans, gulfs and
2447
other bodies of water within the jurisdiction of Florida shall be
2448
the property of the state except such as may be held under some
2449
grant or alienation heretofore made. No grant, sale or conveyance
2450
of any water bottom, except conditional leases and dispositions
2451
hereinafter provided for, shall hereafter be made by the state,
2452
the Board of Trustees of the Internal Improvement Trust Fund, the
2453
Department of Agriculture and Consumer Services, or any other
2454
official or political corporation. Persons who have received, or
2455
may hereafter receive permits to do business in this state, with
2456
their factories, shucking plants and shipping depots located in
2457
this state, may enjoy the right of fishing for oysters and clams
2458
from the natural reefs and bedding oysters and clams on leased
2459
bedding grounds, and shall have the right to employ such boats,
2460
vessels, or labor and assistants as they may need. Provided that
2461
no oysters shall be transported unshucked and in the shells, out
2462
of the state, except for use in what is commonly known as the
2463
"half-shell trade." When the oyster meats have been separated
2464
from the shells it shall be permissible to ship the meats out of
2465
the state for further processing and for canning or packing. It
2466
shall be unlawful to transport oysters out of the state,
2467
unshucked and in the shells, for processing or packing.
2468
(2) CONTROL.--The Department of Environmental Protection
2469
has exclusive power and control over all water bottoms, not held
2470
under some grant or alienation heretofore made, including such as
2471
may revert to the state by cancellation or otherwise, and may
2472
lease the same to any person irrespective of residence or
2473
citizenship, upon such terms, conditions and restrictions as said
2474
division may elect to impose, without limitation as to area to
2475
any one person, for the purpose of granting exclusive right to
2476
plant oysters or clams thereon and for the purpose of fishing,
2477
taking, catching, bedding and raising oysters, clams and other
2478
shellfish. No such lessee shall re-lease, sublease, sell or
2479
transfer any such water bottom or property; provided, that
2480
nothing herein contained shall be construed as giving said
2481
department authority to lease sponge beds.
2482
(3) FEES FOR BOTTOM LEASES, ETC.--The department shall
2483
charge and receive a fee of $2 for each lease granted, and in all
2484
other cases, not specifically provided by this chapter, the same
2485
fees as are allowed clerks of the circuit court for like
2486
services. All fees shall be paid by the party served.
2487
(4) CONFIRMATION OF FORMER GRANTS; PROVISO.--All grants
2488
prior to June 1, 1913, made in pursuance of heretofore existing
2489
laws, where the person receiving such grant, the person's heirs
2490
or assigns, have bona fide complied with the requirements of said
2491
law, are hereby confirmed; provided, that if any material or
2492
natural oyster or clam reefs or beds on such granted premises are
2493
100 square yards in area and contained natural oysters and clams
2494
(coon oysters not included) in sufficient quantity to have been
2495
resorted to by the general public for the purpose of gathering
2496
oysters or clams to sell for a livelihood, at the time they were
2497
planted by such grantee, his or her heirs or assigns, such reefs
2498
or beds are declared to be the property of the state; and when
2499
such beds or reefs exist within the territory heretofore granted
2500
as above set forth, or that may hereafter be leased, such grantee
2501
or lessee shall mark the boundaries of such oyster and clam reefs
2502
or beds as may be designated by the department as natural oyster
2503
or clam reefs or beds, clearly defining the boundaries of the
2504
same, and shall post notice or other device, as shall be required
2505
by the department, giving notice to the public that such oyster
2506
or clam beds or reefs are the property of the state, which said
2507
notice shall be maintained from September 1 to June 1 of each and
2508
every year, on each oyster bed or reef and on each clam bed for
2509
such period of each year as the board may direct, at the expense
2510
of the grantee or lessee. The department shall investigate all
2511
grants heretofore made, and where, in its opinion, the lessee or
2512
grantee has not bona fide complied with the law under which he or
2513
she received his or her grant or lease, and the department is
2514
authorized and required to institute legal proceedings to vacate
2515
the same, in order to use such lands for the benefit of the
2516
public, subject to the same dispositions as other bottoms.
2517
Section 53. Section 372.995, Florida Statutes, is
2518
renumbered as section 379.233, Florida Statutes, to read:
2519
379.233 372.995 Release of balloons.--
2520
(1) The Legislature finds that the release into the
2521
atmosphere of large numbers of balloons inflated with lighter-
2522
than-air gases poses a danger and nuisance to the environment,
2523
particularly to wildlife and marine animals.
2524
(2) It is unlawful for any person, firm, or corporation to
2525
intentionally release, organize the release, or intentionally
2526
cause to be released within a 24-hour period 10 or more balloons
2527
inflated with a gas that is lighter than air except for:
2528
(a) Balloons released by a person on behalf of a
2529
governmental agency or pursuant to a governmental contract for
2530
scientific or meteorological purposes;
2531
(b) Hot air balloons that are recovered after launching;
2532
(c) Balloons released indoors; or
2533
(d) Balloons that are either biodegradable or
2534
photodegradable, as determined by rule of the Fish and Wildlife
2535
Conservation Commission, and which are closed by a hand-tied knot
2536
in the stem of the balloon without string, ribbon, or other
2537
attachments. In the event that any balloons are released pursuant
2538
to the exemption established in this paragraph, the party
2539
responsible for the release shall make available to any law
2540
enforcement officer evidence of the biodegradability or
2541
photodegradability of said balloons in the form of a certificate
2542
executed by the manufacturer. Failure to provide said evidence
2543
shall be prima facie evidence of a violation of this act.
2544
(3) Any person who violates subsection (2) is guilty of a
2545
noncriminal infraction, punishable by a fine of $250.
2546
(4) Any person may petition the circuit court to enjoin the
2547
release of 10 or more balloons if that person is a citizen of the
2548
county in which the balloons are to be released.
2549
Section 54. Subsection (7) of section 370.021, Florida
2550
Statutes, is renumbered as section 379.2341, Florida Statutes,
2551
and amended to read:
2552
379.2341 Publications by the commission.--
2553
(7) The commission is given authority, from time to time in
2554
its discretion, to cause the statutory laws under its
2555
jurisdiction, together with any rules promulgated by it, to be
2556
published in pamphlet form for free distribution in this state.
2557
The commission is authorized to make charges for technical and
2558
educational publications and mimeographed material of use for
2559
educational or reference purposes. Such charges shall be made at
2560
the discretion of the commission. Such charges may be sufficient
2561
to cover cost of preparation, printing, publishing, and
2562
distribution. All moneys received for publications shall be
2563
deposited into the fund from which the cost of the publication
2564
was paid. The commission is further authorized to enter into
2565
agreements with persons, firms, corporations, governmental
2566
agencies, and other institutions whereby publications may be
2567
exchanged reciprocally in lieu of payments for said publications.
2568
Section 55. Section 372.0222, Florida Statutes, is
2569
renumbered as section 379.2342, Florida Statutes, to read:
2570
379.2342 372.0222 Private publication agreements;
2571
advertising; costs of production.--
2572
(1) The Fish and Wildlife Conservation Commission may enter
2573
into agreements to secure the private publication of public
2574
information brochures, pamphlets, audiotapes, videotapes, and
2575
related materials for distribution without charge to the public
2576
and, in furtherance thereof, is authorized to:
2577
(a) Enter into agreements with private vendors for the
2578
publication or production of such public information materials,
2579
whereby the costs of publication or production will be borne in
2580
whole or in part by the vendor or the vendor shall provide
2581
additional compensation in return for the right of the vendor to
2582
select, sell, and place advertising which publicizes products or
2583
services related to and harmonious with the subject matter of the
2584
publication.
2585
(b) Retain the right, by agreement, to approve all elements
2586
of any advertising placed in such public information materials,
2587
including the form and content thereof.
2588
(2)(a) Beginning January 1, 2005, the commission, with the
2589
advice and assistance of the Florida Wildlife Magazine Advisory
2590
Council, shall publish the Florida Wildlife Magazine. The
2591
magazine shall be published at least on a quarterly basis in
2592
hard-copy format and shall be available to the public by
2593
subscription and retail distribution. The primary focus of the
2594
magazine shall be to promote the heritage of hunting and fishing
2595
in Florida. The magazine shall also disseminate information
2596
regarding other outdoor recreational opportunities available to
2597
Floridians and visitors.
2598
(b) In order to offset the cost of publication and
2599
distribution of the magazine, the commission, with the advice and
2600
assistance of the Florida Wildlife Magazine Advisory Council, is
2601
authorized to sell advertising for placement in the magazine. The
2602
commission shall have the right to approve all elements of any
2603
advertising placed in the magazine, including the form and
2604
content thereof. The magazine shall include a statement providing
2605
that the inclusion of advertising in the magazine does not
2606
constitute an endorsement by the state or the commission of the
2607
products or services so advertised. The commission may charge an
2608
annual magazine subscription fee of up to $25, a 2-year magazine
2609
subscription fee of up to $45, and a 3-year magazine subscription
2610
fee of up to $60. The commission may charge a retail per copy fee
2611
of up to $7. The provisions of chapter 287 do not apply to the
2612
sale of advertising for placement in the magazine. All revenues
2613
generated by the magazine shall be credited to the State Game
2614
Trust Fund.
2615
(c) The Florida Wildlife Magazine Advisory Council is
2616
created within the commission to advise and make recommendations
2617
to the commission regarding development, publication, and sale of
2618
the Florida Wildlife Magazine. In order to accomplish this
2619
purpose, the council shall provide recommendations to the
2620
commission regarding:
2621
1. The content of articles included in each edition of the
2622
magazine.
2623
2. Advertising proposed for each edition of the magazine.
2624
3. Strategies to improve distribution and circulation of
2625
the magazine.
2626
4. Cost-reduction measures regarding publication of the
2627
magazine.
2628
(d) The Florida Wildlife Magazine Advisory Council shall
2629
consist of seven members appointed by the commission, and initial
2630
appointments shall be made no later than August 1, 2004. When
2631
making initial appointments to the council and filling vacancies,
2632
the commission shall appoint members to represent the following
2633
interests: hunting; saltwater fishing; freshwater fishing;
2634
recreational boating; recreational use of off-road vehicles;
2635
hiking, biking, bird watching, or similar passive activities;
2636
general business interests; and magazine publishing.
2637
(e) Two of the initial appointees shall serve 2-year terms,
2638
two of the initial appointees shall serve 3-year terms, and three
2639
of the initial appointees shall serve 4-year terms. Subsequent to
2640
the expiration of the initial terms, advisory council appointees
2641
shall serve 4-year terms.
2642
(f) The members of the advisory council shall elect a chair
2643
annually.
2644
(g) The council shall meet at least quarterly at the call
2645
of its chair, at the request of a majority of its membership, or
2646
at the request of the commission. A majority of the council shall
2647
constitute a quorum for the transaction of business.
2648
(h) The commission shall provide the council with clerical,
2649
expert, technical, or other services. All expenses of the council
2650
shall be paid from appropriations made by the Legislature to the
2651
commission. All vouchers shall be approved by the executive
2652
director before submission to the Chief Financial Officer for
2653
payment.
2654
(i) Members of the council shall serve without compensation
2655
but shall receive per diem and reimbursement for travel expenses
2656
as provided in s. 112.061.
2657
(j) Advisory council members may be reappointed. Advisory
2658
council members shall serve at the pleasure of the commission.
2659
(3) Any public information materials produced pursuant to
2660
this section and containing advertising of any kind shall include
2661
a statement providing that the inclusion of advertising in such
2662
material does not constitute an endorsement by the state or
2663
commission of the products or services so advertised.
2664
(4) The Fish and Wildlife Conservation Commission may enter
2665
into agreements with private vendors for vendor advertisement for
2666
the purpose of offsetting expenses relating to license issuance,
2667
and, in furtherance thereof, is authorized to:
2668
(a) Retain the right, by agreement, to approve all elements
2669
of such advertising, including the form or content.
2670
(b) Require that any advertising of any kind contracted
2671
pursuant to this section shall include a statement providing that
2672
the advertising does not constitute an endorsement by the state
2673
or commission of the products or services to be so advertised.
2674
(5) The commission shall collect, edit, publish, and print
2675
pamphlets, papers, manuscripts, documents, books, monographs, and
2676
other materials relating to fish and wildlife conservation and
2677
may establish and impose a reasonable charge for such materials
2678
to cover costs of production and distribution in whole or part
2679
and may contract for the marketing, sale, and distribution of
2680
such publications and materials; except that no charge shall be
2681
imposed for materials designed to provide the public with
2682
essential information concerning fish and wildlife regulations
2683
and matters of public safety.
2684
(6) The commission shall provide services and information
2685
designed to inform Floridians and visitors about Florida's unique
2686
and diverse fish, game, and wildlife, and make it available by
2687
means of commonly used media. For the accomplishment of those
2688
purposes, the commission may make expenditures to:
2689
(a) Encourage and cooperate with public and private
2690
organizations or groups to publicize to residents and visitors
2691
the diversity of fish, game, and wildlife, and related recreation
2692
opportunities of the state, including the establishment of and
2693
expenditure for a program of cooperative advertising or
2694
sponsorships, or partnerships with the public and private
2695
organizations and groups in accordance with rules adopted by the
2696
commission under chapter 120.
2697
(b) Charge and collect a reasonable fee for researching or
2698
compiling information or other services which, in its judgment,
2699
should not be free to those requesting the information, research,
2700
handling, material, publication, or other services. Any amounts
2701
of money received by the commission from such sources shall be
2702
restored to the appropriations of the commission, and any
2703
unexpended funds shall be deposited into the State Game Trust
2704
Fund and made available to the commission for use in performing
2705
its duties, powers, and purposes.
2706
(c) Charge and collect registration fees at conferences,
2707
seminars, and other meetings conducted in furtherance of the
2708
duties, powers, and purposes of the commission. Any funds
2709
collected under this paragraph which remain unexpended after the
2710
expenses of the conference, seminar, or meeting have been paid
2711
shall be deposited into the State Game Trust Fund and made
2712
available to the commission for use in performing its duties,
2713
powers, and purposes.
2714
(d) Purchase and distribute promotional items to increase
2715
public awareness regarding boating safety and other programs that
2716
promote public safety or resource conservation.
2717
(7) Notwithstanding the provisions of part I of chapter
2718
287, the commission may adopt rules for the purpose of entering
2719
into contracts that are primarily for promotional and advertising
2720
services and promotional events which may include the authority
2721
to negotiate costs with offerors of such services and commodities
2722
who have been determined to be qualified on the basis of
2723
technical merit, creative ability, and professional competency.
2724
Section 56. Section 370.1103, Florida Statutes, is
2725
renumbered as section 379.2351, Florida Statutes, to read:
2726
379.2351 370.1103 Land-based commercial and recreational
2727
fishing activities; legislative findings and purpose;
2728
definitions; legal protection; local ordinances; prohibited
2729
activity.--
2730
(1) LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature
2731
finds that commercial and recreational fishing constitute
2732
activities of statewide importance and that the continuation of
2733
commercial and recreational fishing will benefit the health and
2734
welfare of the people of this state. The Legislature further
2735
finds that commercial and recreational fishing operations
2736
conducted in developing and urbanizing areas are potentially
2737
subject to curtailment as a result of local government zoning and
2738
nuisance ordinances which may unreasonably force the closure of
2739
productive commercial and recreational fishing operations. It is
2740
the purpose of this act to prevent the curtailment or abolishment
2741
of commercial and recreational fishing operations solely because
2742
the area in which they are located has changed in character or
2743
the operations are displeasing to neighboring residents.
2744
(2) DEFINITIONS.--As used in this act, "commercial fishing
2745
operation" means any type of activity conducted on land,
2746
requiring the location or storage of commercial fishing equipment
2747
such as fishing vessels, fishing gear, docks, piers, loading
2748
areas, landing areas, and cold storage facilities, including any
2749
activity necessary to prepare finfish or shellfish for
2750
refrigeration. This definition does not include operations with
2751
the sole or primary function of processing seafood.
2752
(3) LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL FISHING
2753
OPERATIONS.--No commercial or recreational fishing operation
2754
shall be declared a public or private nuisance solely because of
2755
a change in ownership or a change in the character of the
2756
property in or around the locality of the operation.
2757
(4) LOCAL ORDINANCE.--No local governing authority shall
2758
adopt any ordinance that declares any commercial or recreational
2759
fishing operation to be a nuisance solely because it is a
2760
commercial or recreational fishing operation, or any zoning
2761
ordinance that unreasonably forces the closure of any commercial
2762
or recreational fishing operation. Nothing in this act shall
2763
prevent a local government from regulating commercial and
2764
recreational fishing operations, including by requiring the use
2765
of methods, structures, or appliances where such use will
2766
prevent, ameliorate, or remove conditions which create or may
2767
create a nuisance or, pursuant to the applicable local zoning
2768
code, by declaring a commercial or recreational fishing operation
2769
to be a nonconforming use.
2770
(5) WHEN EXPANSION OF OPERATION NOT PERMITTED.--This act
2771
shall not be construed to permit an existing commercial or
2772
recreational fishing operation to change to a larger operation
2773
with regard to emitting more noise or odor, where such change
2774
violates local ordinances or regulations or creates a nuisance.
2775
Section 57. Section 370.27, Florida Statutes, is renumbered
2776
as section 379.2352, Florida Statutes, to read:
2777
379.2352 370.27 State employment; priority consideration
2778
for qualified displaced employees of the saltwater fishing
2779
industry.--All state agencies must give priority consideration to
2780
any job applicant who is able to document the loss of full-time
2781
employment in the commercial saltwater fishing industry as a
2782
result of the adoption of the constitutional amendment limiting
2783
the use of nets to harvest marine species, provided the applicant
2784
meets the minimum requirements for the position sought.
2785
Section 58. Section 370.28, Florida Statutes, is renumbered
2786
as section 379.2353, Florida Statutes, to read:
2787
379.2353 370.28 Enterprise zone designation; communities
2788
adversely impacted by net limitations.--
2789
(1) The Office of Tourism, Trade, and Economic Development
2790
is directed to identify communities suffering adverse impacts
2791
from the adoption of the constitutional amendment limiting the
2792
use of nets to harvest marine species.
2793
(2)(a) Such communities having a population of fewer than
2794
7,500 persons and such communities in rural and coastal counties
2795
with a county population of fewer than 25,000 may apply to the
2796
Office of Tourism, Trade, and Economic Development by August 15,
2797
1996, for the designation of an area as an enterprise zone. The
2798
community must comply with the requirements of s. 290.0055,
2799
except that, for a community having a total population of 7,500
2800
persons or more but fewer than 20,000 persons, the selected area
2801
may not exceed 5 square miles. Notwithstanding the provisions of
2802
s. 290.0065, limiting the total number of enterprise zones
2803
designated and the number of enterprise zones within a population
2804
category, the Office of Tourism, Trade, and Economic Development
2805
may designate an enterprise zone in eight of the identified
2806
communities. The governing body having jurisdiction over such
2807
area shall create an enterprise zone development agency pursuant
2808
to s. 290.0056 and submit a strategic plan pursuant to s.
2809
290.0057. Enterprise zones designated pursuant to this section
2810
shall be effective January 1, 1997. Any enterprise zone
2811
designated under this paragraph having an effective date on or
2812
before January 1, 2005, shall continue to exist until December
2813
31, 2005, but shall cease to exist on December 31, 2005. Any
2814
enterprise zone redesignated on or after January 1, 2006, must do
2815
so in accordance with the Florida Enterprise Zone Act.
2816
(b) Notwithstanding any provisions of this section to the
2817
contrary, communities in coastal counties with a county
2818
population greater than 20,000, which can demonstrate that the
2819
community has historically been a fishing community and has
2820
therefore had a direct adverse impact from the adoption of the
2821
constitutional amendment limiting the use of nets, shall also be
2822
eligible to apply for designation of an area as an enterprise
2823
zone. The community must comply with the requirements of s.
2825
the Office of Tourism, Trade, and Economic Development by August
2826
15, 1996. The office may designate one enterprise zone under this
2827
paragraph, which shall be effective January 1, 1997, and which
2828
shall be in addition to the eight zones authorized under
2829
paragraph (a). Any enterprise zone designated under this
2830
paragraph having an effective date on or before January 1, 2005,
2831
shall continue to exist until December 31, 2005, but shall cease
2832
to exist on that date. Any enterprise zone redesignated on or
2833
after January 1, 2006, must do so in accordance with the Florida
2834
Enterprise Zone Act. The governing body having jurisdiction over
2835
such area shall create an enterprise zone development agency
2836
pursuant to s. 290.0056 and submit a strategic plan pursuant to
2837
s. 290.0057.
2838
(3) For the purpose of nominating and designating areas
2839
pursuant to subsection (2), the requirements set out in s.
2840
290.0058(2) shall not apply.
2841
(4) Notwithstanding the time limitations contained in
2842
chapters 212 and 220, a business eligible to receive tax credits
2843
under this section from January 1, 1997, to June 1, 1998, must
2844
submit an application for the tax credits by December 1, 1998.
2845
All other requirements of the enterprise zone program apply to
2846
such a business.
2847
Section 59. Subsection (9) of section 370.021, Florida
2848
Statutes, is renumbered as section 379.236, Florida Statutes, and
2849
amended to read:
2850
379.236 Retention, destruction, and reproduction of
2851
commission records.--
2852
(9) Records and documents of the commission created in
2853
compliance with and in the implementation of this chapter or
2854
former chapter 371 shall be retained by the commission as
2855
specified in record retention schedules established under the
2856
general provisions of chapters 119 and 257. Such records retained
2857
by the Department of Environmental Protection on July 1, 1999,
2858
shall be transferred to the commission. Further, the commission
2859
is authorized to:
2860
(1)(a) Destroy, or otherwise dispose of, those records and
2861
documents in conformity with the approved retention schedules.
2862
(2)(b) Photograph, microphotograph, or reproduce such
2863
records and documents on film, as authorized and directed by the
2864
approved retention schedules, whereby each page will be exposed
2865
in exact conformity with the original records and documents
2866
retained in compliance with the provisions of this section.
2867
Photographs or microphotographs in the form of film or print of
2868
any records, made in compliance with the provisions of this
2869
section, shall have the same force and effect as the originals
2870
thereof would have and shall be treated as originals for the
2871
purpose of their admissibility in evidence. Duly certified or
2872
authenticated reproductions of such photographs or
2873
microphotographs shall be admitted in evidence equally with the
2874
original photographs or microphotographs. The impression of the
2875
seal of the commission on a certificate made pursuant to the
2876
provisions hereof and signed by the executive director of the
2877
commission shall entitle the same to be received in evidence in
2878
all courts and in all proceedings in this state and shall be
2879
prima facie evidence of all factual matters set forth in the
2880
certificate. A certificate may relate to one or more records, as
2881
set forth in the certificate, or in a schedule continued on an
2882
attachment to the certificate.
2883
(3)(c) Furnish certified copies of such records for a fee
2884
of $1 which shall be deposited in the Marine Resources
2885
Conservation Trust Fund.
2886
Section 60. Subsection (10) of section 370.021, Florida
2887
Statutes, renumbered as section 379.237, Florida Statutes, and
2888
amended to read:
2889
379.237 Courts of equity may enjoin.--
2890
(10) COURTS OF EQUITY MAY ENJOIN.--Courts of equity in this
2891
state have jurisdiction to enforce the conservation laws of this
2892
state by injunction.
2893
Section 61. Part II of chapter 379, Florida Statutes,
2894
consisting of sections 379.2401, 379.2402, 379.2411, 379.2412,
2895
379.2413, 379.2421, 379.2422, 379.2423, 379.2424, 379.2425,
2896
379.2431, 379.2432, 379.2433, 379.244, 379.245, 379.246, 379.247,
2897
379.248, 379.249, 379.25, 379.2511, 379.2512, 379.2521, 379.2522,
2898
379.2523, 379.2524, and 379.2525, is created to read:
2899
PART II
2900
MARINE LIFE
2901
2902
Section 62. Section 370.025, Florida Statutes, is
2903
renumbered as section 379.2401, Florida Statutes, to read:
2904
379.2401 370.025 Marine fisheries; policy and standards.--
2905
(1) The Legislature hereby declares the policy of the state
2906
to be management and preservation of its renewable marine fishery
2907
resources, based upon the best available information, emphasizing
2908
protection and enhancement of the marine and estuarine
2909
environment in such a manner as to provide for optimum sustained
2910
benefits and use to all the people of this state for present and
2911
future generations.
2912
(2) The commission is instructed to make recommendations
2913
annually to the Governor and the Legislature regarding marine
2914
fisheries research priorities and funding. All administrative and
2915
enforcement responsibilities which are unaffected by the specific
2916
provisions of this act are the responsibility of the commission.
2917
(3) All rules relating to saltwater fisheries adopted by
2918
the commission shall be consistent with the following standards:
2919
(a) The paramount concern of conservation and management
2920
measures shall be the continuing health and abundance of the
2921
marine fisheries resources of this state.
2922
(b) Conservation and management measures shall be based
2923
upon the best information available, including biological,
2924
sociological, economic, and other information deemed relevant by
2925
the commission.
2926
(c) Conservation and management measures shall permit
2927
reasonable means and quantities of annual harvest, consistent
2928
with maximum practicable sustainable stock abundance on a
2929
continuing basis.
2930
(d) When possible and practicable, stocks of fish shall be
2931
managed as a biological unit.
2932
(e) Conservation and management measures shall assure
2933
proper quality control of marine resources that enter commerce.
2934
(f) State marine fishery management plans shall be
2935
developed to implement management of important marine fishery
2936
resources.
2937
(g) Conservation and management decisions shall be fair and
2938
equitable to all the people of this state and carried out in such
2939
a manner that no individual, corporation, or entity acquires an
2940
excessive share of such privileges.
2941
(h) Federal fishery management plans and fishery management
2942
plans of other states or interstate commissions should be
2943
considered when developing state marine fishery management plans.
2944
Inconsistencies should be avoided unless it is determined that it
2945
is in the best interest of the fisheries or residents of this
2946
state to be inconsistent.
2947
Section 63. Section 370.0607, Florida Statutes, is
2948
renumbered as section 379.2402, Florida Statutes, to read:
2949
379.2402 370.0607 Marine information system.--The Fish and
2950
Wildlife Conservation Commission shall establish by rule a marine
2951
information system in conjunction with the licensing program to
2952
gather marine fisheries data.
2953
Section 64. Section 370.101, Florida Statutes, is
2954
renumbered as section 379.2411, Florida Statutes, and amended to
2955
read:
2956
379.2411 370.101 Saltwater fish; regulations.--
2957
(1) The Fish and Wildlife Conservation Commission is
2958
authorized to establish weight equivalencies when minimum lengths
2959
of saltwater fish are established by law, in those cases where
2960
the fish are artificially cultivated.
2961
(2) A special activity license may be issued by the
2962
commission pursuant to s. 379.361 370.06 for catching and
2963
possession of fish protected by law after it has first
2964
established that such protected specimens are to be used as stock
2965
for artificial cultivation.
2966
(3) A permit may not be issued pursuant to subsection (2)
2967
until the commission determines that the artificial cultivation
2969
any other specific provisions contained within this chapter
2970
regarding leases, licenses, or permits for maricultural
2971
activities of each saltwater fish, so that the public interest in
2972
such fish stocks is fully protected.
2973
Section 65. Section 370.102, Florida Statutes, is
2974
renumbered as section 379.2412, Florida Statutes, and amended to
2975
read:
2976
379.2412 370.102 State preemption of power to
2977
regulate.--The power to regulate the taking or possession of
2978
saltwater fish, as defined in s. 379.101 370.01, is expressly
2979
reserved to the state. This section does not prohibit a local
2980
government from prohibiting, for reasons of protecting the public
2981
health, safety, or welfare, saltwater fishing from real property
2982
owned by that local government.
2983
Section 66. Section 370.11, Florida Statutes, is renumbered
2984
as section 379.2413, Florida Statutes, and amended to read:
2985
379.2413 Catching food fish for the purposes of making oil
2986
370.11 Fish; regulation.--
2987
(1) CATCHING FOOD FISH FOR PURPOSES OF MAKING OIL
2988
PROHIBITED.--No person shall take any food fish from the waters
2989
under the jurisdiction of the state, for the purpose of making
2990
oil, fertilizer or compost therefrom. Purse seines may be used,
2991
for the taking of nonfood fish for the purpose of making oil,
2992
fertilizer or compost.
2993
(2) REGULATION; FISH; TARPON, ETC.--No person may sell,
2994
offer for sale, barter, exchange for merchandise, transport for
2995
sale, either within or without the state, offer to purchase or
2996
purchase any species of fish known as tarpon (Tarpon atlanticus)
2997
provided, however, any one person may carry out of the state as
2998
personal baggage or transport within or out of the state not more
2999
than two tarpon if they are not being transported for sale. The
3000
possession of more than two tarpon by any one person is unlawful;
3001
provided, however, any person may catch an unlimited number of
3002
tarpon if they are immediately returned uninjured to the water
3003
and released where the same are caught. No common carrier in the
3004
state shall knowingly receive for transportation or transport,
3005
within or without the state, from any one person for shipment
3006
more than two tarpon, except as hereinafter provided. It is
3007
expressly provided that any lawful established taxidermist, in
3008
the conduct of taxidermy, may be permitted to move or transport
3009
any reasonable number of tarpon at any time and in any manner he
3010
or she may desire, as specimens for mounting; provided, however,
3011
satisfactory individual ownership of the fish so moved or
3012
transported can be established by such taxidermist at any time
3013
upon demand. Common carriers shall accept for shipment tarpon
3014
from a taxidermist when statement of individual ownership
3015
involved accompanies bill of lading or other papers controlling
3016
the shipment. The Fish and Wildlife Conservation Commission may,
3017
in its discretion, upon application issue permits for the taking
3018
and transporting of tarpon for scientific purposes.
3019
Section 67. Section 370.08, Florida Statutes, is renumbered
3020
as section 379.2421, Florida Statutes, and amended to read:
3021
379.2421 370.08 Fishers and equipment; regulation.--
3022
(1) ILLEGAL POSSESSION OF SEINES AND NETS.--No person may
3023
have in his or her custody or possession in any county of this
3024
state any fishing seine or net, the use of which for fishing
3025
purposes in such county is prohibited by law. Such possession
3026
shall be evidence of a violation of this subsection by both the
3027
owner thereof and the person using or possessing said net. The
3028
provisions of this subsection shall not apply to shrimp nets, to
3029
pound nets or purse nets when used in taking menhaden fish, to
3030
seines used exclusively for taking herring, or to legal beach
3031
seines used in the open gulf or Atlantic Ocean if the possession
3032
of such nets is not prohibited in the county where found.
3033
(2) STOP NETTING DEFINED; PROHIBITION.--
3034
(a) It is unlawful for any person to obstruct any river,
3035
creek, canal, pass, bayou or other waterway in this state by
3036
placing or setting therein any screen, net, seine, rack, wire or
3037
other device, or to use, set, or place any net or seine or
3038
similar device of any kind, either singularly or in rotation or
3039
one behind another in any manner whatsoever so as to prevent the
3040
free passage of fish.
3041
(b) It is unlawful for any person, while fishing or
3042
attempting to fish for shrimp or saltwater fish, to attach or
3043
otherwise secure a frame net, trawl net, trap net, or similar
3044
device to any state road bridge or associated structure situated
3045
over any saltwater body or to use more than one such net or
3046
device while fishing from such bridge or structure. For the
3047
purposes of this paragraph, a "frame net" is any net similar to a
3048
hoop net, the mouth of which is held open by a frame, with a
3049
trailing mesh net, of any size. Cast nets, dip nets, and similar
3050
devices are specifically excluded from the operation of this
3051
paragraph.
3052
(3) USE OF PURSE SEINES, GILL NETS, POUND NETS, ETC.--No
3053
person may take food fish within or without the waters of this
3054
state with a purse seine, purse gill net, or other net using
3055
rings or other devices on the lead line thereof, through which a
3056
purse line is drawn, or pound net, or have any food fish so taken
3057
in his or her possession for sale or shipment. The provisions of
3058
this section shall not apply to shrimp nets or to pound nets or
3059
purse seines when used for the taking of tuna or menhaden fish
3060
only.
3061
(4) RETURN OF FISH TO WATER.--All persons taking food fish
3062
from any of the waters of this state by use of seines, nets, or
3063
other fishing devices and not using any of such fish because of
3064
size or other reasons shall immediately release and return such
3065
fish alive to the water from which taken and no such fish may be
3066
placed or deposited on any bank, shore, beach or other place out
3067
of the water.
3068
(5) THROWING EXPLOSIVES OR USE OF FIREARMS IN WATER FOR
3069
PURPOSE OF KILLING FOOD FISH PROHIBITED.--No person may throw or
3070
cause to be thrown, into any of the waters of this state, any
3071
dynamite, lime, other explosives or discharge any firearms
3072
whatsoever for the purpose of killing food fish therein. The
3073
landing ashore or possession on the water by any person of any
3074
food fish that has been damaged by explosives or the landing of
3075
headless jewfish or grouper, if the grouper is taken for
3076
commercial use, is prima facie evidence of violation of this
3077
section.
3078
(5)(6) SEINES, POCKET BUNTS.--In any counties where seines
3079
are not prohibited on the open gulf or Atlantic Ocean, such
3080
seines may have a pocket bunt on the middle of the seine of a
3081
mesh size less than that provided by law.
3082
(6)(7) ILLEGAL USE OF POISONS, DRUGS, OR CHEMICALS.--
3083
(a) It is unlawful for any person to place poisons, drugs,
3084
or other chemicals in the marine waters of this state unless that
3085
person has first obtained a special activity license for such use
3086
pursuant to s. 370.06 from the Fish and Wildlife Conservation
3087
Commission.
3088
(b) Upon application on forms furnished by the commission,
3089
the commission may issue a license to use poisons, drugs, or
3090
other chemicals in the marine waters of this state for the
3091
purpose of capturing live marine species. The application and
3092
license shall specify the area in which collecting will be done;
3093
the drugs, chemicals, or poisons to be used; and the maximum
3094
amounts and concentrations at each sampling.
3095
(7)(8) PENALTIES.--A commercial harvester who violates this
3096
section shall be punished under s. 379.407 370.021. Any other
3097
person who violates this section commits a Level Two violation
3098
under s. 379.401 372.83.
3099
Section 68. Section 370.093, Florida Statutes, is
3100
renumbered as section 379.2422, Florida Statutes, and amended to
3101
read:
3102
379.2422 370.093 Illegal use of nets.--
3103
(1) It is unlawful to take or harvest, or to attempt to
3104
take or harvest, any marine life in Florida waters with any net
3105
that is not consistent with the provisions of s. 16, Art. X of
3106
the State Constitution.
3107
(2)(a) Beginning July 1, 1998, it is also unlawful to take
3108
or harvest, or to attempt to take or harvest, any marine life in
3109
Florida waters with any net, as defined in subsection (3) and any
3110
attachments to such net, that combined are larger than 500 square
3111
feet and have not been expressly authorized for such use by rule
3112
of the Fish and Wildlife Conservation Commission. The use of
3113
currently legal shrimp trawls and purse seines outside nearshore
3114
and inshore Florida waters shall continue to be legal until the
3115
commission implements rules regulating those types of gear.
3116
(b) The use of gill or entangling nets of any size is
3117
prohibited, as such nets are defined in s. 16, Art. X of the
3118
State Constitution. Any net constructed wholly or partially of
3119
monofilament or multistrand monofilament material, other than a
3120
hand thrown cast net, or a handheld landing or dip net, shall be
3121
considered to be an entangling net within the prohibition of s.
3122
16, Art. X of the State Constitution unless specifically
3123
authorized by rule of the commission. Multistrand monofilament
3124
material shall not be defined to include nets constructed of
3125
braided or twisted nylon, cotton, linen twine, or polypropylene
3126
twine.
3127
(c) This subsection shall not be construed to apply to
3128
aquaculture activities licenses issued pursuant to s. 379.2523
3129
3130
(3) As used in s. 16, Art. X of the State Constitution and
3131
this subsection, the term "net" or "netting" must be broadly
3132
construed to include all manner or combination of mesh or webbing
3133
or any other solid or semisolid fabric or other material used to
3134
comprise a device that is used to take or harvest marine life.
3135
(4) Upon the arrest of any person for violation of this
3136
subsection, the arresting officer shall seize the nets illegally
3137
used. Upon conviction of the offender, the arresting authority
3138
shall destroy the nets.
3139
(5) Any person who violates this section shall be punished
3140
as provided in s. 379.407(3) 370.021(3).
3141
(6) The Fish and Wildlife Conservation Commission is
3142
granted authority to adopt rules pursuant to s. 379.2401 370.025
3143
implementing this section and the prohibitions and restrictions
3144
of s. 16, Art. X of the State Constitution.
3145
Section 69. Section 370.092, Florida Statutes, is
3146
renumbered as section 379.2423, Florida Statutes, and amended to
3147
read:
3148
379.2423 370.092 Carriage of proscribed nets across Florida
3149
waters.--
3150
(1) This section applies to all vessels containing or
3151
otherwise transporting in or on Florida waters any gill net or
3152
other entangling net and to all vessels containing or otherwise
3153
transporting in or on Florida waters any net containing more than
3154
500 square feet of mesh area the use of which is restricted or
3155
prohibited by s. 16, Art. X of the State Constitution. This
3156
section does not apply to vessels containing or otherwise
3157
transporting in or on Florida waters dry nets which are rolled,
3158
folded, or otherwise properly stowed in sealed containers so as
3159
to make their immediate use as fishing implements impracticable.
3160
(2) Every vessel containing or otherwise transporting in or
3161
on Florida waters any gill net or other entangling net and every
3162
vessel containing or otherwise transporting in or on nearshore
3163
and inshore Florida waters any net containing more than 500
3164
square feet of mesh area shall proceed as directly, continuously,
3165
and expeditiously as possible from the place where the vessel is
3166
regularly docked, moored, or otherwise stored to waters where the
3167
use of said nets is lawful and from waters where the use of said
3168
nets is lawful back to the place where the vessel is regularly
3169
docked, moored, or otherwise stored or back to the licensed
3170
wholesale dealer where the catch is to be sold. Exceptions shall
3171
be provided for docked vessels, for vessels which utilize nets in
3172
a licensed aquaculture operation, and for vessels containing
3173
trawl nets as long as the trawl's doors or frame are not deployed
3174
in the water. Otherwise, hovering, drifting, and other similar
3175
activities inconsistent with the direct, continuous, and
3176
expeditious transit of such vessels shall be evidence of the
3177
unlawful use of such nets. The presence of fish in such a net is
3178
not evidence of the unlawful use of the net if the vessel is
3179
otherwise in compliance with this section.
3180
(3) Notwithstanding subsections (1) and (2), unless
3181
authorized by rule of the Fish and Wildlife Conservation
3182
Commission, it is a major violation under this section,
3183
punishable as provided in s. 379.407(3) 370.021(3), for any
3184
person, firm, or corporation to possess any gill or entangling
3185
net, or any seine net larger than 500 square feet in mesh area,
3186
on any airboat or on any other vessel less than 22 feet in length
3187
and on any vessel less than 25 feet if primary power of the
3188
vessel is mounted forward of the vessel center point. Gill or
3189
entangling nets shall be as defined in s. 16, Art. X of the State
3190
Constitution, s. 379.2422(2)(b) 370.093(2)(b), or in a rule of
3191
the Fish and Wildlife Conservation Commission implementing s. 16,
3192
Art. X of the State Constitution. Vessel length shall be
3193
determined in accordance with current United States Coast Guard
3194
regulations specified in the Code of Federal Regulations or as
3195
titled by the State of Florida. The Marine Fisheries Commission
3196
is directed to initiate by July 1, 1998, rulemaking to adjust by
3197
rule the use of gear on vessels longer than 22 feet where the
3198
primary power of the vessel is mounted forward of the vessel
3199
center point in order to prevent the illegal use of gill and
3200
entangling nets in state waters and to provide reasonable
3201
opportunities for the use of legal net gear in adjacent federal
3202
waters.
3203
(4) The Fish and Wildlife Conservation Commission shall
3204
adopt rules to prohibit the possession and sale of mullet taken
3205
in illegal gill or entangling nets. Violations of such rules
3206
shall be punishable as provided in s. 379.407(3) 370.021(3).
3207
(5) The commission has authority to adopt rules pursuant to
3209
section.
3210
Section 70. Subsection (1) of section 370.143, Florida
3211
Statutes, is renumbered as section 379.2424, Florida Statutes,
3212
and amended to read:
3213
379.2424 Retrieval of spiny lobster, stone crab, blue crab,
3214
and black sea bass traps during closed season; commission
3215
authority.--
3216
(1) The Fish and Wildlife Conservation Commission is
3217
authorized to implement a trap retrieval program for retrieval of
3218
spiny lobster, stone crab, blue crab, and black sea bass traps
3219
remaining in the water during the closed season for each species.
3220
The commission is authorized to contract with outside agents for
3221
the program operation.
3222
Section 71. Section 370.172, Florida Statutes, is
3223
renumbered as section 379.2425, Florida Statutes, to read:
3224
379.2425 370.172 Spearfishing; definition; limitations;
3225
penalty.--
3226
(1) For the purposes of this section, "spearfishing" means
3227
the taking of any saltwater fish through the instrumentality of a
3228
spear, gig, or lance operated by a person swimming at or below
3229
the surface of the water.
3230
(2)(a) Spearfishing is prohibited within the boundaries of
3231
the John Pennekamp Coral Reef State Park, the waters of Collier
3232
County, and the area in Monroe County known as Upper Keys, which
3233
includes all salt waters under the jurisdiction of the Fish and
3234
Wildlife Conservation Commission beginning at the county line
3235
between Dade and Monroe Counties and running south, including all
3236
of the keys down to and including Long Key.
3237
(b) For the purposes of this subsection, the possession in
3238
the water of a spear, gig, or lance by a person swimming at or
3239
below the surface of the water in a prohibited area is prima
3240
facie evidence of a violation of the provisions of this
3241
subsection regarding spearfishing.
3242
(3) The Fish and Wildlife Conservation Commission shall
3243
have the power to establish restricted areas when it is
3244
determined that safety hazards exist or when needs are determined
3245
by biological findings. Restricted areas shall be established
3246
only after an investigation has been conducted and upon
3247
application by the governing body of the county or municipality
3248
in which the restricted areas are to be located and one
3249
publication in a local newspaper of general circulation in said
3250
county or municipality in addition to any other notice required
3251
by law. Prior to promulgation of regulations, the local governing
3252
body of the area affected shall agree to post and maintain
3253
notices in the area affected.
3254
Section 72. Section 370.12, Florida Statutes, is renumbered
3255
as section 379.2431, Florida Statutes, and amended to read:
3256
379.2431 370.12 Marine animals; regulation.--
3257
(1) PROTECTION OF MARINE TURTLES.--
3258
(a) This subsection may be cited as the "Marine Turtle
3259
Protection Act."
3260
(b) The Legislature intends, pursuant to the provisions of
3261
this subsection, to ensure that the Fish and Wildlife
3262
Conservation Commission has the appropriate authority and
3263
resources to implement its responsibilities under the recovery
3264
plans of the United States Fish and Wildlife Service for the
3265
following species of marine turtle:
3266
1. Atlantic loggerhead turtle (Caretta caretta).
3267
2. Atlantic green turtle (Chelonia mydas).
3268
3. Leatherback turtle (Dermochelys coriacea).
3269
4. Atlantic hawksbill turtle (Eretmochelys imbricata).
3270
5. Atlantic ridley turtle (Lepidochelys kempi).
3271
(c) As used in this subsection, the following phrases have
3272
the following meanings:
3273
1. A "properly accredited person" is:
3274
a. Students of colleges or universities whose studies with
3275
saltwater animals are under the direction of their teacher or
3276
professor; or
3277
b. Scientific or technical faculty of public or private
3278
colleges or universities; or
3279
c. Scientific or technical employees of private research
3280
institutions and consulting firms; or
3281
d. Scientific or technical employees of city, county,
3282
state, or federal research or regulatory agencies; or
3283
e. Members in good standing or recognized and properly
3284
chartered conservation organizations, the Audubon Society, or the
3285
Sierra Club; or
3286
f. Persons affiliated with aquarium facilities or museums,
3287
or contracted as an agent therefor, which are open to the public
3288
with or without an admission fee; or
3289
g. Persons without specific affiliations listed above, but
3290
who are recognized by the commission for their contributions to
3291
marine conservation such as scientific or technical publications,
3292
or through a history of cooperation with the commission in
3293
conservation programs such as turtle nesting surveys, or through
3294
advanced educational programs such as high school marine science
3295
centers.
3296
2. "Take" means an act that actually kills or injures
3297
marine turtles, and includes significant habitat modification or
3298
degradation that kills or injures marine turtles by significantly
3299
impairing essential behavioral patterns, such as breeding,
3300
feeding, or sheltering.
3301
(d) Except as authorized in this paragraph, or unless
3302
otherwise provided by the Federal Endangered Species Act or its
3303
implementing regulations, a person, firm, or corporation may not:
3304
1. Knowingly possess the eggs of any marine turtle species
3305
described in this subsection.
3306
2. Knowingly take, disturb, mutilate, destroy, cause to be
3307
destroyed, transfer, sell, offer to sell, molest, or harass any
3308
marine turtles or the eggs or nest of any marine turtles
3309
described in this subsection.
3310
3. The commission may issue a special permit or loan
3311
agreement to any person, firm, or corporation, to enable the
3312
holder to possess a marine turtle or parts thereof, including
3313
nests, eggs, or hatchlings, for scientific, education, or
3314
exhibition purposes, or for conservation activities such as the
3315
relocation of nests, eggs, or marine turtles away from
3316
construction sites. Notwithstanding other provisions of law, the
3317
commission may issue such special permit or loan agreement to any
3318
properly accredited person as defined in paragraph (c) for the
3319
purposes of marine turtle conservation.
3320
4. The commission shall have the authority to adopt rules
3321
pursuant to chapter 120 to prescribe terms, conditions, and
3322
restrictions for marine turtle conservation, and to permit the
3323
possession of marine turtles or parts thereof.
3324
(e)1. Any person, firm, or corporation that commits any act
3325
prohibited in paragraph (d) involving any egg of any marine
3326
turtle species described in this subsection shall pay a penalty
3327
of $100 per egg in addition to other penalties provided in this
3328
paragraph.
3329
2. Any person, firm, or corporation that illegally
3330
possesses 11 or fewer of any eggs of any marine turtle species
3331
described in this subsection commits a first degree misdemeanor,
3333
3. For a second or subsequent violation of subparagraph 2.,
3334
any person, firm, or corporation that illegally possesses 11 or
3335
fewer of any eggs of any marine turtle species described in this
3336
subsection commits a third degree felony, punishable as provided
3338
4. Any person, firm, or corporation that illegally
3339
possesses more than 11 of any eggs of any marine turtle species
3340
described in this subsection commits a third degree felony,
3342
5. Any person, firm, or corporation that illegally takes,
3343
disturbs, mutilates, destroys, causes to be destroyed, transfers,
3344
sells, offers to sell, molests, or harasses any marine turtle
3345
species, or the eggs or nest of any marine turtle species as
3346
described in this subsection, commits a third degree felony,
3348
6. Notwithstanding s. 777.04, any person, firm, or
3349
corporation that solicits or conspires with another person, firm,
3350
or corporation, to commit an act prohibited by this subsection
3351
commits a felony of the third degree, punishable as provided in
3353
7. The proceeds from the penalties assessed pursuant to
3354
this paragraph shall be deposited into the Marine Resources
3355
Conservation Trust Fund.
3356
(f) Any application for a Department of Environmental
3357
Protection permit or other type of approval for an activity that
3358
affects marine turtles or their nests or habitat shall be subject
3359
to conditions and requirements for marine turtle protection as
3360
part of the permitting or approval process.
3361
(g) The Department of Environmental Protection may
3362
condition the nature, timing, and sequence of construction of
3363
permitted activities to provide protection to nesting marine
3364
turtles and hatchlings and their habitat pursuant to the
3365
provisions of s. 161.053(5). When the department is considering a
3366
permit for a beach restoration, beach renourishment, or inlet
3367
sand transfer project and the applicant has had an active marine
3368
turtle nest relocation program or the applicant has agreed to and
3369
has the ability to administer a program, the department must not
3370
restrict the timing of the project. Where appropriate, the
3371
department, in accordance with the applicable rules of the Fish
3372
and Wildlife Conservation Commission, shall require as a
3373
condition of the permit that the applicant relocate and monitor
3374
all turtle nests that would be affected by the beach restoration,
3375
beach renourishment, or sand transfer activities. Such relocation
3376
and monitoring activities shall be conducted in a manner that
3377
ensures successful hatching. This limitation on the department's
3378
authority applies only on the Atlantic coast of Florida.
3379
(h) The department shall recommend denial of a permit
3380
application if the activity would result in a "take" as defined
3381
in this subsection, unless, as provided for in the federal
3382
Endangered Species Act and its implementing regulations, such
3383
taking is incidental to, and not the purpose of, the carrying out
3384
of an otherwise lawful activity.
3385
(i) The department shall give special consideration to
3386
beach preservation and beach nourishment projects that restore
3387
habitat of endangered marine turtle species. Nest relocation
3388
shall be considered for all such projects in urbanized areas.
3389
When an applicant for a beach restoration, beach renourishment,
3390
or inlet sand transfer project has had an active marine turtle
3391
nest relocation program or the applicant has agreed to have and
3392
has the ability to administer a program, the department in
3393
issuing a permit for a project must not restrict the timing of
3394
the project. Where appropriate, the department, in accordance
3395
with the applicable rules of the Fish and Wildlife Conservation
3396
Commission, shall require as a condition of the permit that the
3397
applicant relocate and monitor all turtle nests that would be
3398
affected by the beach restoration, beach renourishment, or sand
3399
transfer activities. Such relocation and monitoring activities
3400
shall be conducted in a manner that ensures successful hatching.
3401
This limitation on the department's authority applies only on the
3402
Atlantic coast of Florida.
3403
(2) PROTECTION OF MANATEES OR SEA COWS.--
3404
(a) This subsection shall be known and may be cited as the
3405
"Florida Manatee Sanctuary Act."
3406
(b) The State of Florida is hereby declared to be a refuge
3407
and sanctuary for the manatee, the "Florida state marine mammal."
3408
The protections extended to and authorized on behalf of the
3409
manatee by this act are independent of, and therefore are not
3410
contingent upon, its status as a state or federal listed species.
3411
(c) Whenever the Fish and Wildlife Conservation Commission
3412
is satisfied that the interest of science will be subserved, and
3413
that the application for a permit to possess a manatee or sea cow
3414
(Trichechus manatus) is for a scientific or propagational purpose
3415
and should be granted, and after concurrence by the United States
3416
Department of the Interior, the commission may grant to any
3417
person making such application a special permit to possess a
3418
manatee or sea cow, which permit shall specify the exact number
3419
which shall be maintained in captivity.
3420
(d) Except as may be authorized by the terms of a valid
3421
state permit issued pursuant to paragraph (c) or by the terms of
3422
a valid federal permit, it is unlawful for any person at any
3423
time, by any means, or in any manner intentionally or negligently
3424
to annoy, molest, harass, or disturb or attempt to molest,
3425
harass, or disturb any manatee; injure or harm or attempt to
3426
injure or harm any manatee; capture or collect or attempt to
3427
capture or collect any manatee; pursue, hunt, wound, or kill or
3428
attempt to pursue, hunt, wound, or kill any manatee; or possess,
3429
literally or constructively, any manatee or any part of any
3430
manatee.
3431
(e) Any gun, net, trap, spear, harpoon, boat of any kind,
3432
aircraft, automobile of any kind, other motorized vehicle,
3433
chemical, explosive, electrical equipment, scuba or other
3434
subaquatic gear, or other instrument, device, or apparatus of any
3435
kind or description used in violation of any provision of
3436
paragraph (d) may be forfeited upon conviction. The foregoing
3437
provisions relating to seizure and forfeiture of vehicles,
3438
vessels, equipment, or supplies do not apply when such vehicles,
3439
vessels, equipment, or supplies are owned by, or titled in the
3440
name of, innocent parties; and such provisions shall not vitiate
3441
any valid lien, retain title contract, or chattel mortgage on
3442
such vehicles, vessels, equipment, or supplies if such lien,
3443
retain title contract, or chattel mortgage is property of public
3444
record at the time of the seizure.
3445
(f)1. Except for emergency rules adopted under s. 120.54,
3446
all proposed rules of the commission for which a notice of
3447
intended agency action is filed proposing to govern the speed and
3448
operation of motorboats for purposes of manatee protection shall
3449
be submitted to the counties in which the proposed rules will
3450
take effect for review by local rule review committees.
3451
2. No less than 60 days prior to filing a notice of rule
3452
development in the Florida Administrative Weekly, as provided in
3453
s. 120.54(3)(a), the commission shall notify the counties for
3454
which a rule to regulate the speed and operation of motorboats
3455
for the protection of manatees is proposed. A county so notified
3456
shall establish a rule review committee or several counties may
3457
combine rule review committees.
3458
3. The county commission of each county in which a rule to
3459
regulate the speed and operation of motorboats for the protection
3460
of manatees is proposed shall designate a rule review committee.
3461
The designated voting membership of the rule review committee
3462
must be comprised of waterway users, such as fishers, boaters,
3463
water skiers, other waterway users, as compared to the number of
3464
manatee and other environmental advocates. A county commission
3465
may designate an existing advisory group as the rule review
3466
committee. With regard to each committee, fifty percent of the
3467
voting members shall be manatee advocates and other environmental
3468
advocates, and fifty percent of the voting members shall be
3469
waterway users.
3470
4. The county shall invite other state, federal, county,
3471
municipal, or local agency representatives to participate as
3472
nonvoting members of the local rule review committee.
3473
5. The county shall provide logistical and administrative
3474
staff support to the local rule review committee and may request
3475
technical assistance from commission staff.
3476
6. Each local rule review committee shall elect a chair and
3477
recording secretary from among its voting members.
3478
7. Commission staff shall submit the proposed rule and
3479
supporting data used to develop the rule to the local rule review
3480
committees.
3481
8. The local rule review committees shall have 60 days from
3482
the date of receipt of the proposed rule to submit a written
3483
report to commission members and staff. The local rule review
3484
committees may use supporting data supplied by the commission, as
3485
well as public testimony which may be collected by the committee,
3486
to develop the written report. The report may contain recommended
3487
changes to proposed manatee protection zones or speed zones,
3488
including a recommendation that no rule be adopted, if that is
3489
the decision of the committee.
3490
9. Prior to filing a notice of proposed rulemaking in the
3491
Florida Administrative Weekly as provided in s. 120.54(3)(a), the
3492
commission staff shall provide a written response to the local
3493
rule review committee reports to the appropriate counties, to the
3494
commission members, and to the public upon request.
3495
10. In conducting a review of the proposed manatee
3496
protection rule, the local rule review committees may address
3497
such factors as whether the best available scientific information
3498
supports the proposed rule, whether seasonal zones are warranted,
3499
and such other factors as may be necessary to balance manatee
3500
protection and public access to and use of the waters being
3501
regulated under the proposed rule.
3502
11. The written reports submitted by the local rule review
3503
committees shall contain a majority opinion. If the majority
3504
opinion is not unanimous, a minority opinion shall also be
3505
included.
3506
12. The members of the commission shall fully consider any
3507
timely submitted written report submitted by a local rule review
3508
committee prior to authorizing commission staff to move forward
3509
with proposed rulemaking and shall fully consider any timely
3510
submitted subsequent reports of the committee prior to adoption
3511
of a final rule. The written reports of the local rule review
3512
committees and the written responses of the commission staff
3513
shall be part of the rulemaking record and may be submitted as
3514
evidence regarding the committee's recommendations in any
3515
proceeding relating to a rule proposed or adopted pursuant to
3516
this subsection.
3517
13. The commission is relieved of any obligations regarding
3518
the local rule review committee process created in this paragraph
3519
if a timely noticed county commission fails to timely designate
3520
the required rule review committee.
3521
(g) In order to protect manatees or sea cows from harmful
3522
collisions with motorboats or from harassment, the Fish and
3523
Wildlife Conservation Commission is authorized, in addition to
3524
all other authority, to provide a permitting agency with comments
3525
regarding the expansion of existing, or the construction of new,
3526
marine facilities and mooring or docking slips, by the addition
3527
or construction of five or more powerboat slips. The commission
3528
shall adopt rules under chapter 120 regulating the operation and
3529
speed of motorboat traffic only where manatee sightings are
3530
frequent and the best available scientific information, as well
3531
as other available, relevant, and reliable information, which may
3532
include but is not limited to, manatee surveys, observations,
3533
available studies of food sources, and water depths, supports the
3534
conclusions that manatees inhabit these areas on a regular basis:
3535
1. In Lee County: the entire Orange River, including the
3536
Tice Florida Power and Light Corporation discharge canal and
3537
adjoining waters of the Caloosahatchee River within 1 mile of the
3538
confluence of the Orange and Caloosahatchee Rivers.
3539
2. In Brevard County: those portions of the Indian River
3540
within three-fourths of a mile of the Orlando Utilities
3541
Commission Delespine power plant effluent and the Florida Power
3542
and Light Frontenac power plant effluents.
3543
3. In Indian River County: the discharge canals of the Vero
3544
Beach Municipal Power Plant and connecting waters within 11/4
3545
miles thereof.
3546
4. In St. Lucie County: the discharge of the Henry D. King
3547
Municipal Electric Station and connecting waters within 1 mile
3548
thereof.
3549
5. In Palm Beach County: the discharges of the Florida
3550
Power and Light Riviera Beach power plant and connecting waters
3551
within 11/2 miles thereof.
3552
6. In Broward County: the discharge canal of the Florida
3553
Power and Light Port Everglades power plant and connecting waters
3554
within 11/2 miles thereof and the discharge canal of the Florida
3555
Power and Light Fort Lauderdale power plant and connecting waters
3556
within 2 miles thereof. For purposes of ensuring the physical
3557
safety of boaters in a sometimes turbulent area, the area from
3558
the easternmost edge of the authorized navigation project of the
3559
intracoastal waterway east through the Port Everglades Inlet is
3560
excluded from this regulatory zone.
3561
7. In Citrus County: headwaters of the Crystal River,
3562
commonly referred to as King's Bay, and the Homosassa River.
3563
8. In Volusia County: Blue Springs Run and connecting
3564
waters of the St. Johns River within 1 mile of the confluence of
3565
Blue Springs and the St. Johns River; and Thompson Creek,
3566
Strickland Creek, Dodson Creek, and the Tomoka River.
3567
9. In Hillsborough County: that portion of the Alafia River
3568
from the main shipping channel in Tampa Bay to U.S. Highway 41.
3569
10. In Sarasota County: the Venice Inlet and connecting
3570
waters within 1 mile thereof, including Lyons Bay, Donna Bay,
3571
Roberts Bay, and Hatchett Creek, excluding the waters of the
3572
intracoastal waterway and the right-of-way bordering the
3573
centerline of the intracoastal waterway.
3574
11. In Collier County: within the Port of Islands, within
3575
section 9, township 52 south, range 28 east, and certain
3576
unsurveyed lands, all east-west canals and the north-south canals
3577
to the southerly extent of the intersecting east-west canals
3578
which lie southerly of the centerline of U.S. Highway 41.
3579
12. In Manatee County: that portion of the Manatee River
3580
east of the west line of section 17, range 19 east, township 34
3581
south; the Braden River south of the north line and east of the
3582
west line of section 29, range 18 east, township 34 south; Terra
3583
Ceia Bay and River, east of the west line of sections 26 and 35
3584
of range 17 east, township 33 south, and east of the west line of
3585
section 2, range 17 east, township 34 south; and Bishop Harbor
3586
east of the west line of section 13, range 17 east, township 33
3587
south.
3588
13. In Miami-Dade County: those portions of Black Creek
3589
lying south and east of the water control dam, including all boat
3590
basins and connecting canals within 1 mile of the dam.
3591
(h) The Fish and Wildlife Conservation Commission shall
3592
adopt rules pursuant to chapter 120 regulating the operation and
3593
speed of motorboat traffic only where manatee sightings are
3594
frequent and the best available scientific information, as well
3595
as other available, relevant, and reliable information, which may
3596
include but is not limited to, manatee surveys, observations,
3597
available studies of food sources, and water depths, supports the
3598
conclusion that manatees inhabit these areas on a regular basis
3599
within that portion of the Indian River between the St. Lucie
3600
Inlet in Martin County and the Jupiter Inlet in Palm Beach County
3601
and within the Loxahatchee River in Palm Beach and Martin
3602
Counties, including the north and southwest forks thereof.
3603
(i) The commission shall adopt rules pursuant to chapter
3604
120 regulating the operation and speed of motorboat traffic only
3605
where manatee sightings are frequent and the best available
3606
scientific information, as well as other available, relevant, and
3607
reliable information, which may include but is not limited to,
3608
manatee surveys, observations, available studies of food sources,
3609
and water depths, supports the conclusion that manatees inhabit
3610
these areas on a regular basis within the Withlacoochee River and
3611
its tributaries in Citrus and Levy Counties. The specific areas
3612
to be regulated include the Withlacoochee River and the U.S. 19
3613
bridge westward to a line between U.S. Coast Guard markers number
3614
33 and number 34 at the mouth of the river, including all side
3615
channels and coves along that portion of the river; Bennets'
3616
Creek from its beginning to its confluence with the Withlacoochee
3617
River; Bird's Creek from its beginning to its confluence with the
3618
Withlacoochee River; and the two dredged canal systems on the
3619
north side of the Withlacoochee River southwest of Yankeetown.
3620
(j) If any new power plant is constructed or other source
3621
of warm water discharge is discovered within the state which
3622
attracts a concentration of manatees or sea cows, the commission
3623
is directed to adopt rules pursuant to chapter 120 regulating the
3624
operation and speed of motorboat traffic within the area of such
3625
discharge. Such rules shall designate a zone which is sufficient
3626
in size, and which shall remain in effect for a sufficient period
3627
of time, to protect the manatees or sea cows.
3628
(k) It is the intent of the Legislature to allow the Fish
3629
and Wildlife Conservation Commission to post and regulate boat
3630
speeds only where the best available scientific information, as
3631
well as other available, relevant, and reliable information,
3632
which may include but is not limited to, manatee surveys,
3633
observations, available studies of food sources, and water depth,
3634
supports the conclusion that manatees inhabit these areas on a
3635
periodic basis. It is not the intent of the Legislature to permit
3636
the commission to post and regulate boat speeds generally
3637
throughout the waters of the state, thereby unduly interfering
3638
with the rights of fishers, boaters, and water skiers using the
3639
areas for recreational and commercial purposes. The Legislature
3640
further intends that the commission may identify and designate
3641
limited lanes or corridors providing for reasonable motorboat
3642
speeds within waters of the state whenever such lanes and
3643
corridors are consistent with manatee protection.
3644
(l) The commission shall adopt rules pursuant to chapter
3645
120 regulating the operation and speed of motorboat traffic all
3646
year around within Turkey Creek and its tributaries and within
3647
Manatee Cove in Brevard County. The specific areas to be
3648
regulated consist of:
3649
1. A body of water which starts at Melbourne-Tillman
3650
Drainage District structure MS-1, section 35, township 28 south,
3651
range 37 east, running east to include all natural waters and
3652
tributaries of Turkey Creek, section 26, township 28 south, range
3653
37 east, to the confluence of Turkey Creek and the Indian River,
3654
section 24, township 28 south, range 37 east, including all
3655
lagoon waters of the Indian River bordered on the west by Palm
3656
Bay Point, the north by Castaway Point, the east by the four
3657
immediate spoil islands, and the south by Cape Malabar, thence
3658
northward along the shoreline of the Indian River to Palm Bay
3659
Point.
3660
2. A triangle-shaped body of water forming a cove (commonly
3661
referred to as Manatee Cove) on the east side of the Banana
3662
River, with northern boundaries beginning and running parallel to
3663
the east-west cement bulkhead located 870 feet south of SR 520
3664
Relief Bridge in Cocoa Beach and with western boundaries running
3665
in line with the City of Cocoa Beach channel markers 121 and 127
3666
and all waters east of these boundaries in section 34, township
3667
24 south, range 37 east; the center coordinates of this cove are
3668
28°20'14" north, 80°35'17" west.
3669
(m) The commission shall promulgate regulations pursuant to
3670
chapter 120 relating to the operation and speed of motor boat
3671
traffic in port waters with due regard to the safety requirements
3672
of such traffic and the navigational hazards related to the
3673
movement of commercial vessels.
3674
(n) The commission may designate by rule adopted pursuant
3675
to chapter 120 other portions of state waters where manatees are
3676
frequently sighted and the best available scientific information,
3677
as well as other available, relevant, and reliable information,
3678
which may include but is not limited to, manatee surveys,
3679
observations, available studies of food sources, and water
3680
depths, supports the conclusion that manatees inhabit such waters
3681
periodically. Upon designation of such waters, the commission
3682
shall adopt rules pursuant to chapter 120 to regulate motorboat
3683
speed and operation which are necessary to protect manatees from
3684
harmful collisions with motorboats and from harassment. The
3685
commission may adopt rules pursuant to chapter 120 to protect
3686
manatee habitat, such as seagrass beds, within such waters from
3687
destruction by boats or other human activity. Such rules shall
3688
not protect noxious aquatic plants subject to control under s.
3689
3690
(o) The commission may designate, by rule adopted pursuant
3691
to chapter 120, limited areas as a safe haven for manatees to
3692
rest, feed, reproduce, give birth, or nurse undisturbed by human
3693
activity. Access by motor boat to private residences, boat
3694
houses, and boat docks through these areas by residents, and
3695
their authorized guests, who must cross one of these areas to
3696
have water access to their property is permitted when the
3697
motorboat is operated at idle speed, no wake.
3698
(p) Except in the marked navigation channel of the Florida
3699
Intracoastal Waterway as defined in s. 327.02 and the area within
3700
100 feet of such channel, a local government may regulate, by
3701
ordinance, motorboat speed and operation on waters within its
3702
jurisdiction where the best available scientific information, as
3703
well as other available, relevant, and reliable information,
3704
which may include but is not limited to, manatee surveys,
3705
observations, available studies of food sources, and water
3706
depths, supports the conclusion that manatees inhabit these areas
3707
on a regular basis. However, such an ordinance may not take
3708
effect until it has been reviewed and approved by the commission.
3709
If the commission and a local government disagree on the
3710
provisions of an ordinance, a local manatee protection committee
3711
must be formed to review the technical data of the commission and
3712
the United States Fish and Wildlife Service, and to resolve
3713
conflicts regarding the ordinance. The manatee protection
3714
committee must be comprised of:
3715
1. A representative of the commission;
3716
2. A representative of the county;
3717
3. A representative of the United States Fish and Wildlife
3718
Service;
3719
4. A representative of a local marine-related business;
3720
5. A representative of the Save the Manatee Club;
3721
6. A local fisher;
3722
7. An affected property owner; and
3723
8. A representative of the Florida Marine Patrol.
3724
3725
If local and state regulations are established for the same area,
3726
the more restrictive regulation shall prevail.
3727
(q) The commission shall evaluate the need for use of
3728
fenders to prevent crushing of manatees between vessels (100' or
3729
larger) and bulkheads or wharves in counties where manatees have
3730
been crushed by such vessels. For areas in counties where
3731
evidence indicates that manatees have been crushed between
3732
vessels and bulkheads or wharves, the commission shall:
3733
1. Adopt rules pursuant to chapter 120 requiring use of
3734
fenders for construction of future bulkheads or wharves; and
3735
2. Implement a plan and time schedule to require
3736
retrofitting of existing bulkheads or wharves consistent with
3737
port bulkhead or wharf repair or replacement schedules.
3738
3739
The fenders shall provide sufficient standoff from the bulkhead
3740
or wharf under maximum operational compression to ensure that
3741
manatees cannot be crushed between the vessel and the bulkhead or
3742
wharf.
3743
(r) Any violation of a restricted area established by this
3744
subsection, or established by rule pursuant to chapter 120 or
3745
ordinance pursuant to this subsection, shall be considered a
3746
violation of the boating laws of this state and shall be charged
3747
on a uniform boating citation as provided in s. 327.74, except as
3748
otherwise provided in paragraph (s). Any person who refuses to
3749
post a bond or accept and sign a uniform boating citation shall,
3750
as provided in s. 327.73(3), be guilty of a misdemeanor of the
3751
second degree, punishable as provided in s. 775.082 or s.
3752
3753
(s) Except as otherwise provided in this paragraph, any
3754
person violating the provisions of this subsection or any rule or
3755
ordinance adopted pursuant to this subsection commits a
3756
misdemeanor, punishable as provided in s. 379.407(1)(a) or (b)
3757
370.021(1)(a) or (b).
3758
1. Any person operating a vessel in excess of a posted
3759
speed limit shall be guilty of a civil infraction, punishable as
3760
provided in s. 327.73, except as provided in subparagraph 2.
3761
2. This paragraph does not apply to persons violating
3762
restrictions governing "No Entry" zones or "Motorboat Prohibited"
3763
zones, who, if convicted, shall be guilty of a misdemeanor,
3764
punishable as provided in s. 379.407(1)(a) or (b) 370.021(1)(a)
3765
or (b), or, if such violation demonstrates blatant or willful
3766
action, may be found guilty of harassment as described in
3767
paragraph (d).
3768
3. A person may engage in any activity otherwise prohibited
3769
by this subsection or any rule or ordinance adopted pursuant to
3770
this subsection if the activity is reasonably necessary in order
3771
to prevent the loss of human life or a vessel in distress due to
3772
weather conditions or other reasonably unforeseen circumstances,
3773
or in order to render emergency assistance to persons or a vessel
3774
in distress.
3775
(t)1. In order to protect manatees and manatee habitat, the
3776
counties identified in the Governor and Cabinet's October 1989
3777
Policy Directive shall develop manatee protection plans
3778
consistent with commission criteria based upon "Schedule K" of
3779
the directive, and shall submit such protection plans for review
3780
and approval by the commission. Any manatee protection plans not
3781
submitted by July 1, 2004, and any plans not subsequently
3782
approved by the commission shall be addressed pursuant to
3783
subparagraph 2.
3784
2. No later than January 1, 2005, the Fish and Wildlife
3785
Conservation Commission shall designate any county it has
3786
identified as a substantial risk county for manatee mortality as
3787
a county that must complete a manatee protection plan by July 1,
3788
2006. The commission is authorized to adopt rules pursuant to s.
3789
120.54 for identifying substantial risk counties and establishing
3790
criteria for approval of manatee protection plans for counties so
3791
identified. Manatee protection plans shall include the following
3792
elements at a minimum: education about manatees and manatee
3793
habitat; boater education; an assessment of the need for new or
3794
revised manatee protection speed zones; local law enforcement;
3795
and a boat facility siting plan to address expansion of existing
3796
and the development of new marinas, boat ramps, and other
3797
multislip boating facilities.
3798
3. Counties required to adopt manatee protection plans
3799
under this paragraph shall incorporate the boating facility
3800
siting element of those protection plans within their respective
3801
comprehensive plans.
3802
4. Counties that have already adopted approved manatee
3803
protection plans, or that adopt subsequently approved manatee
3804
protection plans by the effective date of this act, are in
3805
compliance with the provisions of this paragraph so long as they
3806
incorporate their approved boat facility siting plan into the
3807
appropriate element of their local comprehensive plan no later
3808
than July 1, 2003.
3809
(u)1. Existing state manatee protection rules shall be
3810
given great weight in determining whether additional rules are
3811
necessary in a region where the measurable goals developed
3812
pursuant to s. 379.2291 372.072 have been achieved. However, the
3813
commission may amend existing rules or adopt new rules to address
3814
risks or circumstances in a particular area or waterbody to
3815
protect manatees.
3816
2. As used in this paragraph, the term "region" means one
3817
of the four geographic areas defined by the United States Fish
3818
and Wildlife Service in the Florida Manatee Recovery Plan, 3rd
3819
revision (October 30, 2001).
3820
(3) PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It is
3821
unlawful to catch, attempt to catch, molest, injure, kill, or
3822
annoy, or otherwise interfere with the normal activity and well-
3823
being of, mammalian dolphins (porpoises), except as may be
3824
authorized by a federal permit.
3825
(4) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--
3826
(a) Each fiscal year the Save the Manatee Trust Fund shall
3827
be available to fund an impartial scientific benchmark census of
3828
the manatee population in the state. Weather permitting, the
3829
study shall be conducted annually by the Fish and Wildlife
3830
Conservation Commission and the results shall be made available
3831
to the President of the Senate, the Speaker of the House of
3832
Representatives, and the Governor and Cabinet for use in the
3833
evaluation and development of manatee protection measures. In
3834
addition, the Save the Manatee Trust Fund shall be available for
3835
annual funding of activities of public and private organizations
3836
and those of the commission intended to provide manatee and
3837
marine mammal protection and recovery effort; manufacture and
3838
erection of informational and regulatory signs; production,
3839
publication, and distribution of educational materials;
3840
participation in manatee and marine mammal research programs,
3841
including carcass salvage and other programs; programs intended
3842
to assist the recovery of the manatee as an endangered species,
3843
assist the recovery of the endangered or threatened marine
3844
mammals, and prevent the endangerment of other species of marine
3845
mammals; and other similar programs intended to protect and
3846
enhance the recovery of the manatee and other species of marine
3847
mammals.
3848
(b) By December 1 each year, the Fish and Wildlife
3849
Conservation Commission shall provide the President of the Senate
3850
and the Speaker of the House of Representatives a written report,
3851
enumerating the amounts and purposes for which all proceeds in
3852
the Save the Manatee Trust Fund for the previous fiscal year are
3853
expended, in a manner consistent with those recovery tasks
3854
enumerated within the manatee recovery plan as required by the
3855
Endangered Species Act.
3856
(c) When the federal and state governments remove the
3857
manatee from status as an endangered or threatened species, the
3858
annual allocation may be reduced.
3859
(d) Up to 10 percent of the annual use fee deposited in the
3860
Save the Manatee Trust Fund from the sale of the manatee license
3861
plate authorized in s. 320.08058 may be used to promote and
3862
market the license plate issued by the Department of Highway
3863
Safety and Motor Vehicles after June 30, 2007.
3864
(e) During the 2007-2008 fiscal year, the annual use fee
3865
deposited into the Save the Manatee Trust Fund from the sale of
3866
the manatee license plate authorized in s. 320.08058 may be used
3867
by the commission to buy back any manatee license plates not
3868
issued by the Department of Highway Safety and Motor Vehicles.
3869
This paragraph expires July 1, 2008.
3870
Section 73. Section 370.1201, Florida Statutes, is
3871
renumbered as section, 379.2432, Florida Statutes, to read:
3872
379.2432 370.1201 Manatee protection; intent; conduct of
3873
studies; initiatives and plans.--It is the intent of the
3874
Legislature that the commission request the necessary funding and
3875
staffing through a general revenue budget request to ensure that
3876
manatees receive the maximum protection possible. The Legislature
3877
recognizes that strong manatee protection depends upon
3878
consistently achieving a high degree of compliance with existing
3879
and future rules. The commission shall conduct standardized
3880
studies to determine levels of public compliance with manatee
3881
protection rules, and shall use the results of the studies,
3882
together with other relevant information, to develop and
3883
implement strategic law enforcement initiatives and boater
3884
education plans. Drawing upon information obtained from the
3885
compliance studies and the implementation of enforcement
3886
initiatives together with boater education plans, the commission
3887
shall identify any impediments in consistently achieving high
3888
levels of compliance, and adjust their enforcement and boater
3889
education efforts accordingly.
3890
Section 74. Section 370.1202, Florida Statutes, is
3891
renumbered as section 379.2433, Florida Statutes, to read:
3892
379.2433 370.1202 Enhanced manatee protection study.--
3893
(1) The Fish and Wildlife Conservation Commission shall
3894
implement and administer an enhanced manatee protection study
3895
designed to increase knowledge of the factors that determine the
3896
size and distribution of the manatee population in the waters of
3897
the state. The enhanced study shall be used by the commission in
3898
its mission to provide manatees with the maximum protection
3899
possible, while also allowing maximum recreational use of the
3900
state's waterways. The goal of the enhanced study is to collect
3901
data that will enable resource managers and state and local
3902
policymakers, in consultation with the public, to develop and
3903
implement sound science-based policies to improve manatee
3904
habitat, establish manatee protection zones, and maximize the
3905
size of safe boating areas for recreational use of state waters
3906
without endangering the manatee population.
3907
(2)(a) As part of the enhanced manatee protection study,
3908
the Legislature intends that the commission shall contract with
3909
Mote Marine Laboratory to conduct a manatee habitat and submerged
3910
aquatic vegetation assessment that specifically considers:
3911
1. Manatee populations that congregate in the warm water
3912
discharge sites at power plants in the state and the potential
3913
risks for disease resulting from increased congregation of
3914
manatees at these sites;
3915
2. Development of research, monitoring, and submerged
3916
aquatic vegetation restoration priorities for manatee habitat in
3917
and near the warm water discharge sites at power plants in the
3918
state; and
3919
3. The potential impacts on manatees and manatee habitat if
3920
power plants that provide warm water discharge sites where
3921
manatees congregate are closed, including how closure will affect
3922
the size and health of submerged aquatic vegetation areas.
3923
(b) The Mote Marine Laboratory must submit an interim
3924
report on the manatee habitat and submerged aquatic vegetation
3925
assessment to the Governor, the Legislature, and the commission
3926
by September 1, 2006. The interim report must detail the progress
3927
of the assessment. The final report, due to the Governor, the
3928
Legislature, and the commission by January 1, 2007, must detail
3929
the results of the assessment and include recommendations for
3930
protection of manatee habitat in warm water discharge sites at
3931
power plants in the state.
3932
(c) The commission shall ensure that funds allocated to
3933
implement the manatee habitat and submerged aquatic vegetation
3934
assessment are expended in a manner that is consistent with the
3935
requirements of this subsection. The commission may require an
3936
annual audit of the expenditures made by Mote Marine Laboratory.
3937
Copies of any audit requested under this subsection must be
3938
provided to the appropriate substantive and appropriations
3939
committees of the Senate and the House of Representatives as they
3940
become available.
3941
(3) As part of the enhanced manatee protection study, the
3942
Legislature intends that the commission must conduct a signage
3943
and boat speed assessment to evaluate the effectiveness of
3944
manatee protection signs and sign placement and to assess boat
3945
speeds. The commission shall evaluate existing data on manatee
3946
mortality before and after existing manatee protection zones were
3947
established, boater compliance and comprehension of regulatory
3948
signs and buoys, changes in boating traffic patterns, and manatee
3949
distribution and behavior. The commission shall also provide
3950
recommendations on innovative marker designs that are in
3951
compliance with the federal aids to navigation system. The
3952
signage and boat speed assessment must address:
3953
(a) The effectiveness of signs and buoys to warn boaters of
3954
manatee slow-speed zones, with a goal of developing federally
3955
approved standards for marking manatee protection zones;
3956
(b) A determination of where buoys may be used in place of
3957
pilings for boating safety purposes; and
3958
(c) An evaluation of higher speed travel corridors in
3959
manatee zones to determine the most effective speed to balance
3960
safe boating, recreational use, vessel operating characteristics,
3961
and manatee protection.
3962
3963
The commission shall complete its signage and boat speed
3964
assessment by January 1, 2007, and must submit a report of its
3965
findings to the Governor, the President of the Senate, and the
3966
Speaker of the House of Representatives by February 1, 2007. The
3967
report must detail the results of the assessment and identify
3968
specific recommendations for developing state and local policies
3969
relating to the appropriate placement of signs, including
3970
innovative markers, in manatee slow-speed zones.
3971
(4) The commission is authorized to develop and implement
3972
the use of genetic tagging to improve its ability to assess the
3973
status and health of the manatee population, including the health
3974
and reproductive capacity of manatees, estimating annual survival
3975
rates through mark recapture studies, determining migration
3976
patterns, and determining maternity and paternity. The
3977
development and use of genetic tagging may be done in cooperation
3978
with federal agencies or other entities, such as genetic
3979
laboratories at schools within the State University System.
3980
Section 75. Section 370.10, Florida Statutes, is renumbered
3981
as section 379.244, Florida Statutes, to read:
3982
379.244 370.10 Crustacea, marine animals, fish;
3983
regulations; general provisions.--
3984
(1) OWNERSHIP OF FISH, SPONGES, ETC.--All fish, shellfish,
3985
sponges, oysters, clams, and crustacea found within the rivers,
3986
creeks, canals, lakes, bayous, lagoons, bays, sounds, inlets, and
3987
other bodies of water within the jurisdiction of the state, and
3988
within the Gulf of Mexico and the Atlantic Ocean within the
3989
jurisdiction of the state, excluding all privately owned enclosed
3990
fish ponds not exceeding 150 acres, are the property of the state
3991
and may be taken and used by its citizens and persons not
3992
citizens, subject to the reservations and restrictions imposed by
3993
these statutes. No water bottoms owned by the state shall ever be
3994
sold, transferred, dedicated, or otherwise conveyed without
3995
reserving in the people the absolute right to fish thereon,
3996
except as otherwise provided in these statutes.
3997
(2) TAKING SALTWATER SPECIES FOR EXPERIMENTAL,
3998
AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION
3999
PURPOSES.--Notwithstanding any other provisions of general or
4000
special law to the contrary, the Fish and Wildlife Conservation
4001
Commission may authorize, upon such terms, conditions, and
4002
restrictions as it may prescribe by rule, any properly accredited
4003
person to harvest or possess indigenous or nonindigenous
4004
saltwater species for experimental, scientific, education, and
4005
exhibition purposes or to harvest or possess reasonable
4006
quantities of aquacultural species for brood stock. Such
4007
authorizations may allow collection of specimens without regard
4008
to, and not limited to, size, seasonal closure, collection
4009
method, reproductive state, or bag limit. Authorizations issued
4010
under the provisions of this section may be suspended or revoked
4011
by the Fish and Wildlife Conservation Commission if it finds that
4012
the person has violated this section, Fish and Wildlife
4013
Conservation Commission rules or orders, or terms or conditions
4014
of the authorization or has submitted false or inaccurate
4015
information in his or her application.
4016
Section 76. Section 370.1405, Florida Statutes, is
4017
renumbered as section 379.245, Florida Statutes, and amended to
4018
read:
4019
379.245 370.1405 Spiny lobster reports by dealers during
4020
closed season required.--
4021
(1) Within 3 days after the commencement of the closed
4022
season for the taking of spiny lobster, each and every seafood
4023
dealer, either retail or wholesale, intending to possess whole
4024
spiny lobster, spiny lobster tails, or spiny lobster meat during
4025
closed season shall submit to the Fish and Wildlife Conservation
4026
Commission, on forms provided by the commission, a sworn report
4027
of the quantity, in pounds, of whole spiny lobster, spiny lobster
4028
tails, and spiny lobster meat in the dealer's name or possession
4029
as of the date the season closed. This report shall state the
4030
location and number of pounds of whole spiny lobster, spiny
4031
lobster tails, and spiny lobster meat. The commission shall not
4032
accept any reports not delivered or postmarked by midnight of the
4033
3rd calendar day after the commencement of the closed season, and
4034
any stocks of spiny lobster reported therein are declared a
4035
nuisance and may be seized by the commission.
4036
(2) Failure to submit a report as described in subsection
4037
(1) or reporting a greater or lesser amount of whole spiny
4038
lobster, spiny lobster tails, or spiny lobster meat than is
4039
actually in the dealer's possession or name is a major violation
4040
of this chapter, punishable as provided in s. 379.407(1), 379.414
4042
the entire supply of unreported or falsely reported whole spiny
4043
lobster, spiny lobster tails, or spiny lobster meat, and shall
4044
carry the same before the court for disposal. The dealer shall
4045
post a cash bond in the amount of the fair value of the entire
4046
quantity of unreported or falsely reported spiny lobster as
4047
determined by the judge. After posting the cash bond, the dealer
4048
shall have 24 hours to transport said products outside the limits
4049
of Florida for sale as provided by s. 379.337 370.061. Otherwise,
4050
the product shall be declared a nuisance and disposed of by the
4051
commission according to law.
4052
(3) All dealers having reported stocks of spiny lobster may
4053
sell or offer to sell such stocks of spiny lobster; however, such
4054
dealers shall submit an additional report on the last day of each
4055
month during the duration of the closed season. Reports shall be
4056
made on forms supplied by the commission. Each dealer shall state
4057
on this report the number of pounds brought forward from the
4058
previous report period, the number of pounds sold during the
4059
report period, the number of pounds, if any, acquired from a
4060
licensed wholesale dealer during the report period, and the
4061
number of pounds remaining on hand. In every case, the amount of
4062
spiny lobster sold plus the amount reported on hand shall equal
4063
the amount acquired plus the amount reported remaining on hand in
4064
the last submitted report. Copies of records or invoices
4065
documenting the number of pounds acquired during the closed
4066
season must be maintained by the wholesale or retail dealer and
4067
shall be kept available for inspection by the commission for a
4068
period not less than 3 years from the date of the recorded
4069
transaction. Reports postmarked later than midnight on the 3rd
4070
calendar day of each month during the duration of the closed
4071
season will not be accepted by the commission. Dealers for which
4072
late supplementary reports are not accepted by the commission
4073
must show just cause why their entire stock of whole spiny
4074
lobster, spiny lobster tails, or spiny lobster meat should not be
4075
seized by the commission. Whenever a dealer fails to timely
4076
submit the monthly supplementary report as described in this
4077
subsection, the dealer may be subject to the following civil
4078
penalties:
4079
(a) For a first violation, the commission shall assess a
4080
civil penalty of $500.
4081
(b) For a second violation within the same spiny lobster
4082
closed season, the commission shall assess a civil penalty of
4083
$1,000.
4084
(c) For a third violation within the same spiny lobster
4085
closed season, the commission shall assess a civil penalty of
4086
$2,500 and may seize said dealer's entire stock of whole spiny
4087
lobster, spiny lobster tails, or spiny lobster meat and carry the
4088
same before the court for disposal. The dealer shall post a cash
4089
bond in the amount of the fair value of the entire remaining
4090
quantity of spiny lobster as determined by the judge. After
4091
posting the cash bond, a dealer shall have 24 hours to transport
4092
said products outside the limits of Florida for sale as provided
4093
by s. 379.337 370.061. Otherwise, the product shall be declared a
4094
nuisance and disposed of by the commission according to law.
4095
(4) All seafood dealers shall at all times during the
4096
closed season make their stocks of whole spiny lobster, spiny
4097
lobster tails, or spiny lobster meat available for inspection by
4098
the commission.
4099
(5) Each wholesale and retail dealer in whole spiny
4100
lobster, spiny lobster tails, or spiny lobster meat shall keep
4101
throughout the period of the spiny lobster closed season copies
4102
of the bill of sale or invoice covering each transaction
4103
involving whole spiny lobster, spiny lobster tails, or spiny
4104
lobster meat. Such invoices and bills shall be kept available at
4105
all times for inspection by the commission.
4106
(6) The Fish and Wildlife Conservation Commission may adopt
4107
rules incorporating by reference such forms as are necessary to
4108
administer this section.
4109
Section 77. Section 370.151, Florida Statutes, is
4110
renumbered as section 379.246, Florida Statutes, and amended to
4111
read:
4112
379.246 370.151 Tortugas shrimp beds; gifted and loan
4113
property penalties.--
4114
(1) It is the intention of the Legislature that action
4115
should be taken to conserve the supply of shrimp in the large
4116
shrimp beds which lie in and around the coast of the Lower Keys
4117
of Florida and in the vicinity of the islands of Dry Tortugas in
4118
the Florida Keys, hereinafter referred to as the "Tortugas Shrimp
4119
Bed," and which furnish more than 50 percent of the shrimp in
4120
waters adjacent to the coast of Florida. It is further the sense
4121
of this Legislature that the shrimp industry is a valuable
4122
industry to the economy of this state and deserves adequate
4123
protection.
4124
(1)(2)(a) The Fish and Wildlife Conservation Commission is
4125
authorized to take title in the name of the state to any vessel
4126
or vessels suitable for use in carrying out the inspection and
4127
patrol of the Tortugas Bed which may be offered as a gift to the
4128
state by any person, firm, corporation, or association in the
4129
shrimp industry for the purpose of carrying out the provisions of
4130
this section. In the event such title is taken to such vessel or
4131
vessels, the commission is authorized to operate and keep said
4132
vessel or vessels in proper repair.
4133
(2)(b) The commission is further authorized to accept the
4134
temporary loan of any vessel or vessels, suitable for use in
4135
carrying out the provisions of this section, for periods not
4136
exceeding 1 year. However, the state shall not assume any
4137
liability to the owner or owners of said vessels for any damage
4138
done by said vessels to other vessels, persons, or property. In
4139
the operation of said loaned vessels, upkeep and repair shall
4140
consist only of minor repairs and routine maintenance. The owner
4141
or owners shall carry full marine insurance coverage on said
4142
loaned vessel or vessels for the duration of the period during
4143
which said vessels are operated by the state.
4144
(3) The owner or master of any vessel not equipped with
4145
live shrimp bait tanks dragging shrimp nets in the above-defined
4146
area without a live bait shrimping license for this area is
4147
guilty of a violation of this section. A third or any subsequent
4148
violation by any person under this subsection within a 3-year
4149
period shall be a felony of the third degree, punishable as
4151
Section 78. Section 370.153, Florida Statutes, is
4152
renumbered as section 379.247, Florida Statutes, and amended to
4153
read:
4154
379.247 370.153 Regulation of shrimp fishing; Clay, Duval,
4155
Nassau, Putnam, Flagler, and St. Johns Counties.--
4156
(1) DEFINITIONS.--When used in this section, unless the
4157
context clearly requires otherwise:
4158
(a) "Inland waters" means all creeks, rivers, bayous, bays,
4159
inlets, and canals.
4160
(b) "Sample" means one or more shrimp taken from an
4161
accurately defined part of the area defined.
4162
(c) "Series" means 10 or more samples taken within a period
4163
of not more than 1 week, each sample being taken at a different
4164
station within the pattern.
4165
(d) "Pattern" means 10 or more stations.
4166
(e) "Station" means a single location on the water of the
4167
areas defined.
4168
(f) "Licensed live bait shrimp producer" means any
4169
individual licensed by the Fish and Wildlife Conservation
4170
Commission to employ the use of any trawl for the taking of live
4171
bait shrimp within the inland waters of Nassau, Duval, St. Johns,
4172
Putnam, Flagler, or Clay Counties.
4173
(g) "Licensed dead shrimp producer" means any individual
4174
licensed by the Fish and Wildlife Conservation Commission to
4175
employ the use of any trawl for the taking of shrimp within the
4176
inland waters of Nassau, Duval, St. Johns, Putnam, Flagler, or
4177
Clay Counties.
4178
(2) SHRIMPING PROHIBITED.--It is unlawful to employ the use
4179
of any trawl or other net, except a common cast net, designed for
4180
or capable of taking shrimp, within the inland waters of Nassau,
4181
Duval, St. Johns, Putnam, Flagler, or Clay Counties, except as
4182
hereinafter provided.
4183
(3) LIVE BAIT SHRIMP PRODUCTION.--
4184
(a) A live bait shrimp production license shall be issued
4185
by the Fish and Wildlife Conservation Commission upon the receipt
4186
of an application by a person intending to use a boat, not to
4187
exceed 35 feet in length in Duval, St. Johns, Putnam, Flagler,
4188
and Clay Counties and not to exceed 45 feet in length in Nassau
4189
County, for live shrimp production within the inland waters of
4190
Nassau, Duval, St. Johns, Putnam, Flagler, or Clay Counties and
4191
the payment of a fee of $250. The annual fee of $250 shall be
4192
collected by the commission for the issuance of the license
4193
during a 60-day period beginning June 1 of each year. The design
4194
of the application and permit shall be determined by the
4195
commission. The proceeds of the fee imposed by this paragraph
4196
shall be used by the Fish and Wildlife Conservation Commission
4197
for the purposes of enforcement of marine resource laws.
4198
(b) The Executive Director of the Fish and Wildlife
4199
Conservation Commission, or his or her designated representative,
4200
may by order close certain areas to live bait shrimp production
4201
when sampling procedures justify the closing based upon sound
4202
conservation practices. The revocation of any order to close has
4203
the effect of opening the area.
4204
(c)1. Each licensed live bait shrimp producer who stores
4205
his or her catch for sale or sells his or her catch shall either:
4206
a. Maintain onshore facilities which have been annually
4207
checked and approved by the local commission office to assure the
4208
facilities' ability to maintain the catch alive when the live
4209
bait shrimp producer produces for his or her own facility; or
4210
b. Sell his or her catch only to persons who have onshore
4211
facilities that have been annually checked and approved by the
4212
local commission office to assure the facilities' ability to
4213
maintain the catch alive, when the producer sells his or her
4214
catch to an onshore facility. The producer shall provide the
4215
commission with the wholesale number of the facility to which the
4216
shrimp have been sold and shall submit this number on a form
4217
designed and approved by the commission.
4218
2. All persons who maintain onshore facilities as described
4219
in this paragraph, whether the facilities are maintained by the
4220
licensed live bait shrimp producer or by another party who
4221
purchases shrimp from live bait shrimp producers, shall keep
4222
records of their transactions in conformance with the provisions
4223
of s. 379.362(6) 370.07(6).
4224
(d) All commercial trawling in Clay, Duval, and St. Johns
4225
Counties shall be restricted to the inland waters of the St.
4226
Johns River proper in the area north of the Acosta Bridge in
4227
Jacksonville and at least 100 yards from the nearest shoreline.
4228
(e) A live shrimp producer must also be a licensed
4229
wholesale dealer. Such person shall not sell live bait shrimp
4230
unless he or she produces a live bait shrimp production license
4231
at the time of sale.
4232
(f) The commission shall rename the Live Bait Shrimp
4233
Production License as the Commercial Live Shrimp Production
4234
License.
4235
(4) DEAD SHRIMP PRODUCTION.--Any person may operate as a
4236
commercial dead shrimp producer provided that:
4237
(a) A dead shrimp production permit is procured from the
4238
Fish and Wildlife Conservation Commission upon the receipt by the
4239
commission of a properly filled out and approved application by a
4240
person intending to use a boat, not to exceed 35 feet in length
4241
in Duval, St. Johns, Putnam, and Clay Counties, and not to exceed
4242
45 feet in length in Nassau County, for dead shrimp production
4243
within the inland waters of Nassau County and the inland waters
4244
of the St. Johns River of Duval, Putnam, St. Johns, Flagler, or
4245
Clay Counties, which permit shall cost $250 and shall be required
4246
for each vessel used for dead shrimp production. The design of
4247
the application and permit shall be determined by the Fish and
4248
Wildlife Conservation Commission. The proceeds of the fees
4249
imposed by this paragraph shall be deposited into the account of
4250
the Marine Resources Conservation Trust Fund to be used by the
4251
commission for the purpose of enforcement of marine resource
4252
laws.
4253
(b) All commercial trawling in the St. Johns River proper
4254
shall be restricted to the area north of the Acosta Bridge in
4255
Jacksonville and at least 100 yards from the nearest shoreline.
4256
(c) All commercial shrimping activities shall be allowed
4257
during daylight hours from Tuesday through Friday each week.
4258
(d) No person holding a dead shrimp production permit
4259
issued pursuant to this subsection shall simultaneously hold a
4260
permit for noncommercial trawling under the provisions of
4261
subsection (5). The number of permits issued by the commission
4262
for commercial trawling or dead shrimp production in any one year
4263
shall be limited to those active in the base year, 1976, and
4264
renewed annually since 1976. All permits for dead shrimp
4265
production issued pursuant to this section shall be inheritable
4266
or transferable to an immediate family member and annually
4267
renewable by the holder thereof. Such inheritance or transfer
4268
shall be valid upon being registered with the commission. Each
4269
permit not renewed shall expire and shall not be renewed under
4270
any circumstances.
4271
(e) It is illegal for any person to sell dead shrimp caught
4272
in the inland waters of Nassau, Duval, Clay, Putnam, and St.
4273
Johns Counties, unless the seller is in possession of a dead
4274
shrimp production license issued pursuant to this subsection.
4275
(f) It is illegal for any person to purchase shrimp for
4276
consumption or bait from any seller (with respect to shrimp
4277
caught in the inland waters of Nassau, Duval, Clay, Putnam, and
4278
St. Johns Counties (St. Johns River)) who does not produce his or
4279
her dead shrimp production license prior to the sale of the
4280
shrimp.
4281
(g) In addition to any other penalties provided for in this
4282
section, any person who violates the provisions of this
4283
subsection shall have his or her license revoked by the
4284
commission.
4285
(h) The commission shall rename the Dead Shrimp Production
4286
License as the Commercial Food Shrimp Production License.
4287
(5) NONCOMMERCIAL TRAWLING.--If noncommercial trawling is
4288
authorized by the Fish and Wildlife Conservation Commission, any
4289
person may trawl for shrimp in the St. Johns River for his or her
4290
own use as food under the following conditions:
4291
(a) Each person who desires to trawl for shrimp for use as
4292
food shall obtain a noncommercial trawling permit from the local
4293
office of the Fish and Wildlife Conservation Commission upon
4294
filling out an application on a form prescribed by the commission
4295
and upon paying a fee for the permit, which shall cost $50.
4296
(b) All trawling shall be restricted to the confines of the
4297
St. Johns River proper in the area north of the Acosta Bridge in
4298
Jacksonville and at least 100 yards from the nearest shoreline.
4299
(c) No shrimp caught by a person licensed under the
4300
provisions of this subsection may be sold or offered for sale.
4301
(6) SAMPLING PROCEDURE.--
4302
(a) The Executive Director of the Fish and Wildlife
4303
Conservation Commission shall have samples taken at established
4304
stations within patterns at frequent intervals.
4305
(b) No area may be closed to live bait shrimp production
4306
unless a series of samples has been taken and it has been
4307
determined that the shrimp are undersized or that continued
4308
shrimping in this area would have an adverse effect on
4309
conservation. Standards for size may be established by rule of
4310
the commission.
4311
(c) No area may be opened to dead shrimp production unless
4312
a series of samples has been taken and it has been determined
4313
that the shrimp are of legal size. Legal-sized shrimp shall be
4314
defined as not more than 47 shrimp with heads on, or 70 shrimp
4315
with heads off, per pound.
4316
(7) LICENSE POSSESSION.--The operator of a boat employing
4317
the use of any trawl for shrimp production must be in possession
4318
of a current shrimp production license issued to him or her
4319
pursuant to the provisions of this section.
4320
(8) USE OF TRAWL; LIMITATION.--
4321
(a) The use of a trawl by either a live bait shrimp
4322
producer or dead shrimp producer shall be limited to the daylight
4323
hours, and the taking of dead shrimp shall not take place on
4324
Saturdays, Sundays, or legal state holidays.
4325
(b) The use of a trawl by either a live bait shrimp
4326
producer or dead shrimp producer within 100 yards of any
4327
shoreline is prohibited. The Fish and Wildlife Conservation
4328
Commission, by rule or order, may define the area or areas where
4329
this subsection shall apply.
4330
(c)1. It is unlawful to employ the use of any trawl
4331
designed for, or capable of, taking shrimp within 1/4 mile of any
4332
natural or manmade inlet in Duval County or St. Johns County.
4333
2. It is unlawful for anyone to trawl in the Trout River
4334
west of the bridge on U.S. 17 in Duval County.
4335
(9) CREDITS.--Fees paid pursuant to paragraphs (3)(a) and
4336
(4)(a) of this section shall be credited against the saltwater
4337
products license fee.
4338
Section 79. Section 370.17, Florida Statutes, is renumbered
4339
as section 379.248, Florida Statutes, and amended to read:
4340
379.248 370.17 Sponges; regulation.--
4341
(1) NONRESIDENT LICENSE; SPONGE FISHING.--Any nonresident
4342
of the state, who desires to engage in the business or occupation
4343
of sponge fishing, either for that person or any other person,
4344
shall, before entering into said business or occupation, procure
4345
a nonresident saltwater products license issued in the name of an
4346
individual or to a valid boat registration pursuant to s. 379.361
4347
4348
(2) USE AND SIZE OF HOOKS.--Any person engaged in gathering
4349
sponges by use of a hook shall use a hook 5 inches wide for the
4350
purpose of removing sponges from the bottom, and no hook of other
4351
dimensions may be used.
4352
(3) TAKING, POSSESSING COMMERCIAL; SIZE.--
4353
(a) No person may take, by any means or method, from the
4354
waters of the Gulf of Mexico, the straits of this state or the
4355
other waters within the territorial limits of this state, any
4356
commercial sponges, measuring, when wet, less than 5 inches in
4357
their maximum diameter.
4358
(b) To make effective the foregoing subsection it is
4359
further provided that no person may land, cure, deliver, offer
4360
for sale, sell, or have in his or her possession, within the
4361
territorial limits of this state, or upon any boat, vessel, or
4362
vehicle, other than those operated interstate by common carriers,
4363
within the territorial limits of this state, any commercial
4364
sponges measuring, when wet, less than 5 inches in their maximum
4365
diameter.
4366
(c) The presence of commercial sponges within the
4367
territorial limits of this state, or upon any boat, vessel, or
4368
vehicle, other than those operated interstate by common carriers,
4369
within the territorial limits of this state, measuring, when wet,
4370
less than 5 inches in their maximum diameter, shall be evidence
4371
that the person having such sponges in his or her possession has
4372
violated this section.
4373
(4) POWERS OF THE COMMISSION.--The commission is authorized
4374
and empowered to make, promulgate, and put into effect all rules
4375
and regulations which the commission may consider and decide to
4376
be necessary to accomplish the purpose of this chapter for the
4377
taking and cultivation of sponges, including the power and
4378
authority to determine and fix, in its discretion, the seasons
4379
and period of time within which public state grounds may be
4380
closed to the taking, possessing, buying, selling, or
4381
transporting of sponges from the sponge cultivation districts
4382
herein provided for and to regulate and prescribe the means and
4383
methods to be employed in the harvesting thereof; however, notice
4384
of all rules, regulations, and orders, and all revisions and
4385
amendments thereto, prescribing closed seasons or prescribing the
4386
means and methods of harvesting sponges adopted by the commission
4387
shall be published in a newspaper of general circulation in the
4388
conservation district affected within 10 days from the adoption
4389
thereof, in addition to any notice required by chapter 120.
4390
(5) COOPERATION WITH UNITED STATES FISH AND WILDLIFE
4391
SERVICE.--The commission shall cooperate with the United States
4392
Fish and Wildlife Service, under existing federal laws, rules and
4393
regulations, and is authorized to accept donations, grants and
4394
matching funds from said federal government under such conditions
4395
as are reasonable and proper, for the purposes of carrying out
4396
this chapter, and the commission is further authorized to accept
4397
any and all donations including funds and loan of vessels.
4398
(6) PENALTY.--Any person violating any of the foregoing
4399
provisions shall, for the second offense, be guilty of a felony
4400
of the third degree, punishable as provided in s. 775.082, s.
4402
tackle and equipment used in the commission of such violation.
4403
Section 80. Section 370.25, Florida Statutes, is renumbered
4404
as section 379.249, Florida Statutes, to read:
4405
379.249 370.25 Artificial reef program; grants and
4406
financial and technical assistance to local governments.--
4407
(1) An artificial reef program is created within the
4408
commission to enhance saltwater opportunities and to promote
4409
proper management of fisheries resources associated with
4410
artificial reefs for the public interest. Under the program, the
4411
commission may provide grants and financial and technical
4412
assistance to coastal local governments, state universities, and
4413
nonprofit corporations qualified under s. 501(c)(3) of the
4414
Internal Revenue Code for the siting and development of
4415
artificial reefs as well as for monitoring and evaluating such
4416
reefs and their recreational, economic, and biological
4417
effectiveness. The commission is authorized to accept title, on
4418
behalf of the state, to vessels for use in the artificial reef
4419
program as offshore artificial reefs. The program may be funded
4420
from state, federal, and private contributions.
4421
(2) The commission may adopt by rule procedures for
4422
submitting an application for financial assistance and criteria
4423
for allocating available funds.
4424
(3) The commission may adopt by rule criteria for siting,
4425
constructing, managing, and evaluating the effectiveness of
4426
artificial reefs placed in state or adjacent federal waters and
4427
criteria implementing the transfer of vessel titles to the state
4428
for use as an offshore artificial reef.
4429
(4) The commission may adopt by rule criteria for
4430
determining the eligibility of nonprofit corporations qualified
4431
under s. 501(c)(3) of the Internal Revenue Code to apply for and
4432
receive funds available for artificial reef development or
4433
evaluation. The criteria must include, but are not limited to,
4434
the following:
4435
(a) The corporation must show proof that it is a nonprofit
4436
corporation qualified under s. 501(c)(3) of the Internal Revenue
4437
Code.
4438
(b) The corporation must state in its articles of
4439
incorporation or bylaws that one of its objectives is the
4440
development or monitoring of artificial reefs.
4441
(5) The commission's artificial reef program shall track
4442
all artificial-reef-development activities statewide, and
4443
maintain a computer database of these activities for the public
4444
interest and to facilitate long-range planning and coordination
4445
within the commission and among local governments.
4446
(6) It is unlawful for any person to:
4447
(a) Place artificial-reef-construction materials in state
4448
waters outside zones permitted under the terms and conditions
4449
defined in any artificial-reef permits issued by the United
4450
States Army Corps of Engineers or by the Department of
4451
Environmental Protection.
4452
(b) Store, possess, or transport on or across state waters
4453
any materials reasonably suited for artificial-reef construction
4454
and stored in a manner providing ready access for use and
4455
placement as an artificial reef, unless a valid cargo manifest
4456
issued by the commission or a commission-certified inspector is
4457
onboard the transporting vessel. The manifest will serve as
4458
authorization to use a valid permitted site or land-based staging
4459
area, will validate that the type of artificial-reef construction
4460
material being transported is permissible for use at the
4461
permitted site, and will describe and quantify the artificial-
4462
reef material being transported. The manifest will also include
4463
the latitude and longitude coordinates of the proposed deployment
4464
location, the valid permit number, and a copy of the permit
4465
conditions for the permitted site. The manifest must be available
4466
for inspection by any authorized law enforcement officer or
4467
commission employee.
4468
(7)(a) An initial violation of subsection (6) is a
4469
misdemeanor of the first degree, punishable as provided in s.
4471
which is committed within 12 months after a previous violation of
4472
that subsection is a felony of the third degree, punishable as
4474
(b) If a violation of subsection (6) occurs, a law
4475
enforcement officer may terminate a vessel's voyage and order the
4476
vessel operator to return immediately to port. Failure or refusal
4477
to comply with an order to return to port constitutes a felony of
4478
the third degree, punishable as provided in s. 775.082, s.
4480
dispose of the materials on shore according to applicable waste
4481
disposal laws.
4482
(c) If, at the time of the violation, the vessel that is
4483
involved in the violation:
4484
1. Is moored at a land-based facility, the registered owner
4485
of the vessel is responsible for the violation.
4486
2. Is underway or anchored, the captain or operator of the
4487
vessel and the registered owner of the vessel are jointly
4488
responsible for the violation.
4489
(d) In addition to the penalties imposed in this
4490
subsection, the commission shall assess civil penalties of up to
4491
$5,000 against any person convicted of violating subsection (6)
4492
and may seek the suspension or revocation of the vessel
4493
registration, existing reef-construction permits, or other state
4494
marine licenses held by the violator. For the purposes of this
4495
section, conviction includes any judicial disposition other than
4496
acquittal or dismissal.
4497
Section 81. Section 370.23, Florida Statutes, is renumbered
4498
as section 379.25, Florida Statutes, to read:
4499
379.25 370.23 Sale of unlawfully landed product;
4500
jurisdiction.--It is unlawful for any person to bring to port,
4501
sell, or offer to sell any saltwater life landed in violation of
4502
the provisions of this chapter. Any person committing such a
4503
violation and docking his or her vessel at any port in the state,
4504
whether or not such product was landed in the territorial waters
4505
of the state, shall be deemed to have submitted himself or
4506
herself to the jurisdiction of the courts of this state for the
4507
purpose of the enforcement of the provisions of this chapter.
4508
Section 82. Section 370.1601, Florida Statutes, is
4509
renumbered as section 379.2511, Florida Statutes, and amended to
4510
read:
4511
379.2511 370.1601 Lease of state-owned water bottoms for
4512
growing oysters and clams.--Effective July 1, 1988, persons
4513
wishing to lease state-owned water bottoms for the purpose of
4514
growing oysters and clams shall no longer be required to apply
4515
under the provisions of s. 379.2525 370.16; such leases shall be
4517
Section 83. Section 370.161, Florida Statutes, is
4518
renumbered as section 379.2512, Florida Statutes, to read:
4519
379.2512 370.161 Oyster bottom land grants made pursuant to
4520
ch. 3293.--
4521
(1) All grants previously issued by the several boards of
4522
county commissioners under the authority of chapter 3293, 1881,
4523
Laws of Florida, shall be subject to provisions of s. 597.010,
4524
relating to the marking of such lands, the payment of rents, the
4525
cultivation of such lands and the forfeiture provisions.
4526
(2) Any grantee of lands referred to in subsection (1)
4527
shall mark such lands and begin cultivation thereof as set forth
4528
in s. 597.010, within 90 days after the effective date of this
4529
act. The rentals prescribed by s. 597.010, shall be payable
4530
immediately upon the effective date of this act and in accordance
4531
with the provisions of said section.
4532
(3) If any grantee shall fail to comply with the provisions
4533
of this act his or her grant shall become null and void and the
4534
lands shall return to the ownership and jurisdiction of the
4535
state.
4536
Section 84. Section 370.027, Florida Statutes, is
4537
renumbered as section 379.2521, Florida Statutes, and amended to
4538
read:
4539
379.2521 370.027 Rulemaking authority with respect to
4540
marine life.--Marine aquaculture producers shall be regulated by
4541
the Department of Agriculture and Consumer Services. The Fish and
4542
Wildlife Conservation Commission shall adopt rules, by March 1,
4543
2000, to regulate the sale of farmed red drum and spotted sea
4544
trout. These rules shall specifically provide for the protection
4545
of the wild resource, without restricting a certified aquaculture
4546
producer pursuant to s. 597.004 from being able to sell farmed
4547
fish. To that extent, these rules must only require that farmed
4548
fish be kept separate from wild fish and be fed commercial feed;
4549
that farmed fish be placed in sealed containers; that these
4550
sealed containers must have the name, address, telephone number
4551
and aquaculture certificate number, issued pursuant to s.
4552
597.004, of the farmer clearly and indelibly placed on the
4553
container; and that this information must accompany the fish to
4554
the ultimate point of sale. Marine aquaculture products produced
4555
by a marine aquaculture producer, certified pursuant to s.
4556
597.004, are exempt from Fish and Wildlife Conservation
4557
Commission resource management rules, with the exception of such
4558
rules governing any fish of the genus Centropomus (snook). By
4559
July 1, 2000, the Fish and Wildlife Conservation Commission shall
4560
develop procedures to allow persons possessing a valid
4561
aquaculture certificate of registration to sell and transport
4562
live snook produced in private ponds or private hatcheries as
4563
brood stock, to stock private ponds, or for aquarium display
4564
consistent with the provisions of rules adopted by the Department
4565
of Agriculture and Consumer Services rule 39-23.009, Florida
4566
Administrative Code.
4567
Section 85. Section 370.1603, Florida Statutes, is
4568
renumbered as section 379.2522, Florida Statutes, and amended to
4569
read:
4570
379.2522 370.1603 Oysters produced in and outside state;
4571
labeling; tracing; rules.--
4572
(1) No wholesale or retail dealer, as defined in s. 379.362
4573
(1) 370.07(1), shall sell any oysters produced outside this state
4574
unless they are labeled as such, or unless it is otherwise
4575
reasonably made known to the purchaser that the oysters were not
4576
produced in this state.
4577
(2) The Department of Agriculture and Consumer Services
4578
shall promulgate rules whereby oysters produced in Florida waters
4579
can be traced to the location from which they were harvested. A
4580
wholesale or retail dealer may not sell any oysters produced in
4581
this state unless they are labeled so that they may be traced to
4582
the point of harvesting.
4583
Section 86. Section 370.26, Florida Statutes, is renumbered
4584
as section 379.2523, Florida Statutes, and amended to read:
4585
379.2523 370.26 Aquaculture definitions; marine aquaculture
4586
products, producers, and facilities.--
4587
(1) As used in this section, the term:
4588
(a) "Marine aquaculture facility" means a facility built
4589
and operated for the purpose of producing marine aquaculture
4590
products. Marine aquaculture facilities contain culture systems
4591
such as, but not limited to, ponds, tanks, raceways, cages, and
4592
bags used for commercial production, propagation, growout, or
4593
product enhancement of marine products. Marine aquaculture
4594
facilities specifically do not include:
4595
1. Facilities that maintain marine aquatic organisms
4596
exclusively for the purpose of shipping, distribution, marketing,
4597
or wholesale and retail sales;
4598
2. Facilities that maintain marine aquatic organisms for
4599
noncommercial, education, exhibition, or scientific purposes;
4600
3. Facilities in which the activity does not require an
4601
aquaculture certification pursuant to s. 597.004; or
4602
4. Facilities used by marine aquarium hobbyists.
4603
(b) "Marine aquaculture producer" means a person holding an
4604
aquaculture certificate pursuant to s. 597.004 to produce marine
4605
aquaculture products.
4606
(c) "Marine aquaculture product" means any product derived
4607
from marine aquatic organisms that are owned and propagated,
4608
grown, or produced under controlled conditions by a person
4609
holding an aquaculture certificate pursuant to s. 597.004. Such
4610
product does not include organisms harvested from the wild for
4611
depuration, wet storage, or relayed for the purpose of controlled
4612
purification. Marine aquaculture products are considered
4613
saltwater products for the purposes of this chapter, except the
4614
holder of an aquaculture certificate is not required to purchase
4615
and possess a saltwater products license in order to possess,
4616
transport, or sell marine aquaculture products pursuant to s.
4617
379.361 370.06. To renew an existing restricted species
4618
endorsement, marine aquaculture producers possessing a valid
4619
saltwater products license with a restricted species endorsement
4620
may apply income from the sales of marine aquaculture products to
4621
licensed wholesale dealers. Income from the sales of marine
4622
aquaculture products shall not be eligible for the purpose of
4623
acquiring a new restricted species endorsement. The holder of an
4624
aquaculture certificate must purchase and possess a saltwater
4625
products license in order to possess, transport, or sell
4626
saltwater products not specifically provided for in s. 597.004.
4627
(2) The Department of Environmental Protection shall
4628
encourage the development of aquaculture and the production of
4629
aquaculture products. The department shall develop a process
4630
consistent with this section that would consolidate permits,
4631
general permits, and other regulatory requirements to streamline
4632
the permitting process and result in effective regulation of
4633
aquaculture activities. This process shall provide for a single
4634
application and application fee for marine aquaculture activities
4635
which are regulated by the department. Procedures to consolidate
4636
permitting actions under this section do not constitute rules
4637
within the meaning of s. 120.52.
4638
(3) Until aquaculture general permits under s. 403.814 can
4639
be expanded and developed, the department shall establish
4640
criteria to temporarily permit aquaculture activities that may be
4641
presumed not to result in adverse environmental impacts. The
4642
criteria developed pursuant to this subsection do not constitute
4643
rules within the meaning of s. 120.52. Permit application fees
4644
under this subsection shall be no more than that established for
4645
a general permit. The department may delegate to the water
4646
management districts the regulatory authority for aquaculture
4647
facilities subject to the temporary general permitting criteria
4648
of this subsection. During the period prior to development of a
4649
general permit under s. 403.814, the department shall establish a
4650
compliance plan based on monitoring results that will assist in
4651
the development of the general permit.
4652
(4) The department shall request that the Aquaculture
4653
Review Council identify a working group of industry
4654
representatives who can provide technical assistance in
4655
developing aquaculture general permits. The industry
4656
representatives shall come from the segment of the industry to be
4657
affected by the specific general permit to be developed. The
4658
working group shall be included in all phases of developing the
4659
aquaculture general permits.
4660
(5) The department shall:
4661
(a) Coordinate with the Aquaculture Review Council, the
4662
Aquaculture Interagency Coordinating Council, and the Department
4663
of Agriculture and Consumer Services when developing criteria for
4664
aquaculture general permits.
4665
(b) Permit experimental technologies to collect and
4666
evaluate data necessary to reduce or mitigate environmental
4667
concerns.
4668
(c) Provide technical expertise and promote the transfer of
4669
information that would be beneficial to the development of
4670
aquaculture.
4671
(6) The Fish and Wildlife Conservation Commission shall
4672
encourage the development of aquaculture in the state through the
4673
following:
4674
(a) Providing assistance in developing technologies
4675
applicable to aquaculture activities, evaluating practicable
4676
production alternatives, and providing management agreements to
4677
develop innovative culture practices.
4678
(b) Facilitating aquaculture research on life histories,
4679
stock enhancement, and alternative species, and providing
4680
research results that would assist in the evaluation,
4681
development, and commercial production of candidate species for
4682
aquaculture, including:
4683
1. Providing eggs, larvae, fry, and fingerlings to
4684
aquaculturists when excess cultured stocks are available from the
4685
commission's facilities and the culture activities are consistent
4686
with the commission's stock enhancement projects. Such stocks may
4687
be obtained by reimbursing the commission for the cost of
4688
production on a per-unit basis. Revenues resulting from the sale
4689
of stocks shall be deposited into the trust fund used to support
4690
the production of such stocks.
4691
2. Conducting research programs to evaluate candidate
4692
species when funding and staff are available.
4693
3. Encouraging the private production of marine fish and
4694
shellfish stocks for the purpose of providing such stocks for
4695
statewide stock enhancement programs. When such stocks become
4696
available, the commission shall reduce or eliminate duplicative
4697
production practices that would result in direct competition with
4698
private commercial producers.
4699
4. Developing a working group, in cooperation with the
4700
Department of Agriculture and Consumer Services, the Aquaculture
4701
Review Council, and the Aquaculture Interagency Coordinating
4702
Council, to plan and facilitate the development of private marine
4703
fish and nonfish hatcheries and to encourage private/public
4704
partnerships to promote the production of marine aquaculture
4705
products.
4706
(c) Coordinating with public and private research
4707
institutions within the state to advance the aquaculture
4708
production and sale of sturgeon as a food fish.
4709
(7) The Fish and Wildlife Conservation Commission shall
4710
coordinate with the Aquaculture Review Council and the Department
4711
of Agriculture and Consumer Services to establish and implement
4712
grant programs to provide funding for projects and programs that
4713
are identified in the state's aquaculture plan, pending
4714
legislative appropriations. The commission and the Department of
4715
Agriculture and Consumer Services shall establish and implement a
4716
grant program to make grants available to qualified nonprofit,
4717
educational, and research entities or local governments to fund
4718
infrastructure, planning, practical and applied research,
4719
development projects, production economic analysis, and training
4720
and stock enhancement projects, and to make grants available to
4721
counties, municipalities, and other state and local entities for
4722
applied aquaculture projects that are directed to economic
4723
development, pending legislative appropriations.
4724
(8) The Fish and Wildlife Conservation Commission shall
4725
provide assistance to the Department of Agriculture and Consumer
4726
Services in the development of an aquaculture plan for the state.
4727
Section 87. Section 370.31, Florida Statutes, is renumbered
4728
as section 379.2524, Florida Statutes, to read:
4729
379.2524 370.31 Commercial production of sturgeon.--
4730
(1) INTENT.--The Legislature finds and declares that there
4731
is a need to encourage the continuation and advancement of work
4732
being done on aquaculture sturgeon production in keeping with the
4733
state's legislative public policy regarding aquaculture provided
4734
in chapter 597. It also finds that it is in the state's economic
4735
interest to promote the commercial production and stock
4736
enhancement of sturgeon. It is therefore the intent of the
4737
Legislature to hereby create a Sturgeon Production Working Group.
4738
(2) CREATION.--The Sturgeon Production Working Group is
4739
created within the Department of Agriculture and Consumer
4740
Services and shall be composed of seven members as follows:
4741
(a) The head of the sturgeon research program or designee
4742
from the University of Florida, Institute of Food and
4743
Agricultural Sciences. Such member shall be appointed by the
4744
University of Florida's Vice President for Agricultural Affairs.
4745
(b) One representative from the Department of Environmental
4746
Protection to be appointed by the Secretary of Environmental
4747
Protection.
4748
(c) One representative from the Fish and Wildlife
4749
Conservation Commission to be appointed by the executive director
4750
of the Fish and Wildlife Conservation Commission.
4751
(d) One representative from the Department of Agriculture
4752
and Consumer Services to be appointed by the Commissioner of
4753
Agriculture.
4754
(e) Two representatives from the aquaculture industry to be
4755
appointed by the Aquaculture Review Council.
4756
(f) One representative from a private nonprofit
4757
organization involved in sturgeon production work, to be
4758
appointed by the Commissioner of Agriculture.
4759
(3) MEETINGS; PROCEDURES; RECORDS.--The working group shall
4760
meet at least twice a year and elect, by a quorum, a chair and
4761
vice chair.
4762
(a) The chair of the working group shall preside at all
4763
meetings and shall call a meeting as often as necessary to carry
4764
out the provisions of this section.
4765
(b) The Department of Agriculture and Consumer Services
4766
shall keep a complete record of the proceedings of each meeting,
4767
which includes the names of the members present at each meeting
4768
and the actions taken. The records shall be public records
4769
pursuant to chapter 119.
4770
(c) A quorum shall consist of a majority of the group
4771
members. Members of the group shall not receive compensation, but
4772
shall be entitled to per diem and travel expenses, including
4773
attendance at meetings, as allowed public officers and employees
4774
pursuant to s. 112.061.
4775
(4) PURPOSE AND RESPONSIBILITIES.--The purpose of the
4776
Sturgeon Production Working Group is to coordinate the
4777
implementation of a state sturgeon production management plan to
4778
promote the commercial production and stock enhancement of
4779
sturgeon in Florida. In carrying out this purpose, the working
4780
group shall:
4781
(a) Establish a state sturgeon production management plan
4782
to inform public or private interested parties of how to
4783
aquaculturally produce sturgeon for commercial purposes and for
4784
stock enhancement. The sturgeon production management plan shall:
4785
1. Provide the regulatory policies for the commercial
4786
production of sturgeon meat and roe, including a strategy for
4787
obtaining the required permits, licenses, authorizations, or
4788
certificates.
4789
2. Provide the management practices for culturing sturgeon
4790
and ensure that aquacultural development does not impede the
4791
recovery and conservation of wild sturgeon populations.
4792
3. Establish priorities for research needed to support the
4793
commercial production of sturgeon and the recovery of native
4794
stocks in the state.
4795
(b) Support management strategies to permit the commercial
4796
production of native and nonnative sturgeon, including the
4797
distribution of captive-bred Gulf sturgeon to approved certified
4798
aquaculture facilities.
4799
(c) Support the development of a cooperative sturgeon
4800
conservation program to coordinate conservation, habitat, and
4801
resource management programs for native sturgeon, including an
4802
evaluation of how stock enhancement can facilitate the
4803
conservation and recovery of native sturgeon populations.
4804
(d) Seek federal cooperation to implement the sturgeon
4805
production management plan, including federal designation of
4806
captive-bred sturgeon as distinct population segments to
4807
distinguish cultivated stocks from wild native populations.
4808
(e) Develop enforcement guidelines to ensure continued
4809
protection of wild native sturgeon populations.
4810
(f) In furtherance of the purposes and responsibilities of
4811
the Sturgeon Production Working Group, the state shall:
4812
1. Establish a program to coordinate conservation and
4813
aquaculture activities for native sturgeon.
4814
2. Develop a conservation plan for native sturgeon.
4815
3. Initiate the process to petition for delisting captive-
4816
bred shortnose sturgeon.
4817
4. Initiate the process to petition for delisting captive-
4818
bred Gulf sturgeon.
4819
(g) Establish a sturgeon broodstock committee composed of
4820
fishery scientists, fish farmers, and agency representatives to
4821
manage the taking of wild sturgeon for brood fish and spawning.
4822
(h) Establish the Cooperative Broodstock Development and
4823
Husbandry Board composed of fishery scientists, fish farmers, and
4824
agency representatives to establish standards and criteria for
4825
the management and maintenance of captive-reared sturgeon, to
4826
collect biological data, and to administer the Cooperative
4827
Broodstock Development and Husbandry Program.
4828
Section 88. Section 370.16, Florida Statutes, is renumbered
4829
as section 379.2525, Florida Statutes, and amended to read:
4830
379.2525 370.16 Noncultured shellfish harvesting.--
4831
(1) PROTECTION OF SHELLFISH AQUACULTURE PRODUCTS.--
4832
(a) The Fish and Wildlife Conservation Commission shall
4833
assist in protecting shellfish aquaculture products produced on
4834
leased or granted reefs in the hands of lessees or grantees from
4835
the state. Harvesting shellfish is prohibited within a distance
4836
of 25 feet outside lawfully marked lease boundaries or within
4837
setback and access corridors within specifically designated high-
4838
density aquaculture lease areas and aquaculture use zones.
4839
(b) The department, in cooperation with the commission,
4840
shall provide the Legislature with recommendations as needed for
4841
the development and the proper protection of the rights of the
4842
state and private holders therein with respect to the oyster and
4843
clam business.
4844
(2) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL REEFS;
4845
LICENSES, ETC., PENALTY.--
4846
(a) It is unlawful to use a dredge or any means or
4847
implement other than hand tongs in removing oysters from the
4848
natural or artificial state reefs. This restriction shall apply
4849
to all areas of Apalachicola Bay for all shellfish harvesting,
4850
excluding private grounds leased or granted by the state prior to
4851
July 1, 1989, if the lease or grant specifically authorizes the
4852
use of implements other than hand tongs for harvesting. Except in
4853
Apalachicola Bay, upon the payment of $25 annually, for each
4854
vessel or boat using a dredge or machinery in the gathering of
4855
clams or mussels, a special activity license may be issued by the
4856
Fish and Wildlife Conservation Commission pursuant to s. 379.361
4857
370.06 for such use to such person.
4858
(b) The use of any mechanical harvesting device other than
4859
ordinary hand tongs for taking shellfish for any purpose from
4860
public shellfish beds in Apalachicola Bay shall be unlawful.
4861
(c) The possession of any mechanical harvesting device on
4862
the waters of Apalachicola Bay from 5 p.m. until sunrise shall be
4863
unlawful.
4864
(d) Each vessel used for the transport or deployment of a
4865
dredge or scrape shall prominently display the lease or grant
4866
number or numbers, in numerals which are at least 12 inches high
4867
and 6 inches wide, in such a manner that the lease or grant
4868
number or numbers are readily identifiable from both the air and
4869
the water.
4870
(e) Oysters may be harvested from natural or public grounds
4871
by common hand tongs or by hand, by scuba diving, free diving,
4872
leaning from vessels, or wading. In the Apalachicola Bay, this
4873
provision shall apply to all shellfish.
4874
4875
The commission shall apply other statutes, rules, or conditions
4876
necessary to protect the environment and natural resources from
4877
improper transport, deployment, and operation of a dredge or
4878
scrape. Any violation of this subsection or of any other
4879
statutes, rules, or conditions referenced in the special activity
4880
license shall be considered a violation of the license and shall
4881
result in revocation of the license and forfeiture of the bond
4882
submitted to the commission as a prerequisite to the issuance of
4883
this license.
4884
(3) FALSE RETURNS AS TO OYSTERS OR CLAMS HANDLED.--Each
4885
packer, canner, corporation, firm, commission person, or dealer
4886
in fish shall, on the first day of each month, make a return
4887
under oath to the Fish and Wildlife Conservation Commission, as
4888
to the number of oysters, clams, and shellfish purchased, caught,
4889
or handled during the preceding month. Whoever is found guilty of
4890
making any false affidavit to any such report is guilty of
4891
perjury and punished as provided by law, and any person who fails
4892
to make such report shall be punished by a fine not exceeding
4893
$500 or by imprisonment in the county jail not exceeding 6
4894
months.
4895
(4) SEIZURE OF VESSELS AND CARGOES VIOLATING OYSTER AND
4896
CLAM LAWS, ETC.--Vessels, with their cargoes, violating the
4897
provisions of the laws relating to oysters and clams may be
4898
seized by anyone duly and lawfully authorized to make arrests
4899
under this section or by any sheriff or the sheriff's deputies,
4900
and taken into custody, and when not arrested by the sheriff or
4901
the sheriff's deputies, delivered to the sheriff of the county in
4902
which the seizure is made, and shall be liable to forfeiture, on
4903
appropriate proceedings being instituted by the Fish and Wildlife
4904
Conservation Commission, before the courts of that county. In
4905
such case the cargo shall at once be disposed of by the sheriff,
4906
for account of whom it may concern. Should the master or any of
4907
the crew of said vessel be found guilty of using dredges or other
4908
instruments in fishing oysters on natural reefs contrary to law,
4909
or fishing on the natural oyster or clam reefs out of season, or
4910
unlawfully taking oysters or clams belonging to a lessee, such
4911
vessel shall be declared forfeited by the court, and ordered sold
4912
and the proceeds of the sale shall be deposited with the Chief
4913
Financial Officer to the credit of the General Revenue Fund; any
4914
person guilty of such violations shall not be permitted to have
4915
any license provided for in this chapter within a period of 1
4916
year from the date of conviction. Pending proceedings such vessel
4917
may be released upon the owner furnishing bond, with good and
4918
solvent security in double the value of the vessel, conditioned
4919
upon its being returned in good condition to the sheriff to abide
4920
the judgment of the court.
4921
(5) DREDGING OF DEAD SHELLS PROHIBITED.--The dredging of
4922
dead shell deposits is prohibited in the state.
4923
(6) REQUIREMENTS FOR OYSTER VESSELS.--All vessels used for
4924
the harvesting, gathering, or transporting of noncultured oysters
4925
for commercial use shall be constructed and maintained to prevent
4926
contamination or deterioration of oysters. To this end, all such
4927
vessels shall be provided with false bottoms and bulkheads fore
4928
and aft to prevent oysters from coming in contact with any bilge
4929
water. No dogs or other animals shall be allowed at any time on
4930
vessels used to harvest or transport oysters. A violation of any
4931
provision of this subsection shall result in at least the
4932
revocation of the violator's license.
4933
Section 89. Part III of chapter 379, Florida Statutes,
4934
consisting of section 379.28, is created to read:
4935
PART III
4936
FRESHWATER AQUATIC LIFE
4937
4938
Section 90. Section 372.26, Florida Statutes, is renumbered
4939
as section 379.28, Florida Statutes, and amended to read:
4940
379.28 372.26 Imported fish.--
4941
(1) No person shall import into the state or place in any
4942
of the fresh waters of the state any freshwater fish of any
4943
species without having first obtained a permit from the Fish and
4944
Wildlife Conservation Commission. The commission is authorized to
4945
issue or deny such a permit upon the completion of studies of the
4946
species made by it to determine any detrimental effect the
4947
species might have on the ecology of the state.
4948
(2) A person who violates this section commits a Level
4949
Three violation under s. 379.401 372.83.
4950
Section 91. Part IV of chapter 379, Florida Statutes,
4951
consisting of sections 379.3001, 379.3002, 379.3003, 379.3004,
4952
379.3011, 379.3012, 379.3013, 379.3014, 379.3015, 379.3016,
4953
379.3017, 379.302, 379.303, 379.304, 379.305, 379.3061, 379.3062,
4954
and 379.3063, is created to read:
4955
PART IV
4956
WILD ANIMAL LIFE
4957
4958
Section 92. Section 372.0025, Florida Statutes, is
4959
renumbered as section 379.3001, Florida Statutes, to read:
4960
379.3001 372.0025 No net loss of hunting lands.--
4961
(1) As used in this section, the term:
4962
(a) "Commission" means the Fish and Wildlife Conservation
4963
Commission.
4964
(b) "Commission-managed lands" means those lands owned by
4965
the commission, those lands owned by the state over which the
4966
commission holds management authority, or those privately owned
4967
lands that are leased or managed by the commission.
4968
(c) "Hunting" means the lawful pursuit, trapping, shooting,
4969
capture, collection, or killing of wildlife or the lawful attempt
4970
to pursue, trap, shoot, capture, collect, or kill wildlife.
4971
(2) Commission-managed lands shall be open to access and
4972
use for hunting except as limited by the commission for reasons
4973
of public safety, fish or wildlife management, or homeland
4974
security or as otherwise limited by law.
4975
(3) The commission, in exercising its authority under the
4976
State Constitution and statutes, shall exercise its authority,
4977
consistent with subsection (2), in a manner that supports,
4978
promotes, and enhances hunting opportunities to the extent
4979
authorized by state law.
4980
(4) Commission land management decisions and actions,
4981
including decisions made by private owners to close hunting land
4982
managed by the commission, shall not result in any net loss of
4983
habitat land acreage available for hunting opportunities on
4984
commission-managed lands that exists on the effective date of
4985
this act. The commission shall expeditiously find replacement
4986
acreage for hunting to compensate for closures of any existing
4987
hunting land. Replacement lands shall, to the greatest extent
4988
possible, be located within the same administrative region of the
4989
commission and shall be consistent with the hunting discipline
4990
that the commission allowed on the closed land.
4991
(5) Any state agency or water management district that owns
4992
or manages lands shall assist and coordinate and cooperate with
4993
the commission to allow hunting on such lands if such lands are
4994
determined by the commission to be suitable for hunting. To
4995
ensure no net loss of land acreage available for hunting, state
4996
agencies and water management districts shall cooperate with the
4997
commission to open new, additional hunting lands to replace lost
4998
hunting acreage. However, lands officially designated as units
4999
within the state park system may not be considered for
5000
replacement hunting lands and may only be opened for hunting when
5001
necessary as a wildlife control or management tool as determined
5002
by the Division of Recreation and Parks in the Department of
5003
Environmental Protection.
5004
(6) By October 1 of each year, the executive director of
5005
the commission shall submit to the Legislature a written report
5006
describing:
5007
(a) The acreage managed by the commission that was closed
5008
to hunting during the previous fiscal year and the reasons for
5009
the closures.
5010
(b) The acreage managed by the commission that was opened
5011
to hunting to compensate for closures of existing land pursuant
5012
to subsection (4).
5013
(7) By October 1 of each year, any state agency or water
5014
management district that owns or manages lands shall submit a
5015
written report to the commission and the Legislature that
5016
includes:
5017
(a) A list of properties that were open for hunting during
5018
the previous fiscal year.
5019
(b) A list of properties that were not open for hunting
5020
during the previous fiscal year.
5021
(c) The acreage for each property and the county where each
5022
property is located, except for right-of-way lands and parcels
5023
under 50 acres.
5024
Section 93. Section 372.023, Florida Statutes, is
5025
renumbered as section 379.3002, Florida Statutes, to read:
5026
379.3002 372.023 J. W. Corbett and Cecil M. Webb Wildlife
5027
Management Areas.--
5028
(1) The Fish and Wildlife Conservation Commission of this
5029
state is neither authorized nor empowered to do the following as
5030
to the J. W. Corbett Wildlife Management Area in Palm Beach
5031
County or the Cecil M. Webb Wildlife Management Area without the
5032
approval of the Board of Trustees of the Internal Improvement
5033
Trust Fund that such action is in the best interest of orderly
5034
and economical development of said area, viz.:
5035
(a) To trade, barter, lease, or exchange lands therein for
5036
lands of greater acreage contiguous to said wildlife management
5037
areas.
5038
(b) To grant easements for construction and maintenance of
5039
roads, railroads, canals, ditches, dikes, and utilities,
5040
including but not limited to telephone, telegraph, oil, gas,
5041
electric power, water, and sewers.
5042
(c) To convey or release all rights in and to the
5043
phosphate, minerals, metals, and petroleum that is or may be in,
5044
on or under any lands traded, bartered, leased, or exchanged
5045
pursuant to paragraph (a).
5046
(2) The Board of Trustees of the Internal Improvement Trust
5047
Fund and the State Board of Education and all and every board,
5048
state department or state agency of the state having any title,
5049
right and interest in or to the land including oil and mineral
5050
rights in the lands to be traded, bartered, leased or exchanged
5051
within the J. W. Corbett Wildlife Management Area in Palm Beach
5052
County, is authorized and empowered to convey this interest of
5053
whatsoever nature to the record owner.
5054
(3) Moneys received from the sale of lands within either
5055
wildlife management area, less reasonable expenses incident to
5056
the sale, shall be used by the Fish and Wildlife Conservation
5057
Commission to acquire acreage contiguous to the wildlife
5058
management area or lands of equal wildlife value. The sale shall
5059
be made directly to the state, notwithstanding the procedures of
5060
s. 270.08 to the contrary.
5061
Section 94. Section 372.988, Florida Statutes, is
5062
renumbered as section 379.3003, Florida Statutes, and amended to
5063
read:
5064
379.3003 372.988 Required clothing for persons hunting
5065
deer.--It is a Level One violation under s. 379.401 372.83 for
5066
any person to hunt deer, or for any person to accompany another
5067
person hunting deer, during the open season for the taking of
5068
deer on public lands unless each person shall wear a total of at
5069
least 500 square inches of daylight fluorescent orange material
5070
as an outer garment. Such clothing shall be worn above the
5071
waistline and may include a head covering. The provisions of this
5072
section shall not apply to any person hunting deer with a bow and
5073
arrow during seasons restricted to hunting with a bow and arrow.
5074
Section 95. Section 372.7016, Florida Statutes, is
5075
renumbered as section 379.3004, Florida Statutes, and amended to
5076
read:
5077
379.3004 372.7016 Voluntary Authorized Hunter
5078
Identification Program.--
5079
(1) There is created the "Voluntary Authorized Hunter
5080
Identification Program" to assist landowners and law enforcement
5081
officials in better controlling trespass and illegal or
5082
unauthorized hunting. Landowners wishing to participate in the
5083
program shall:
5084
(a) Annually notify the sheriff's office in the county in
5085
which the land is situated and the respective area supervisor of
5086
the Fish and Wildlife Conservation Commission by letter of their
5087
desire to participate in the program, and provide a description
5088
of their property which they wish to have in the program by
5089
township, range, section, partial section, or other geographical
5090
description.
5091
(b) Provide a means of identifying authorized hunters as
5092
provided in subsection (2).
5093
(2) Any person hunting on private land enrolled in the
5094
Voluntary Authorized Hunter Identification Program shall have
5095
readily available on the land at all times when hunting on the
5096
property written authorization from the owner or his or her
5097
authorized representative to be on the land for the purpose of
5098
hunting. The written authorization shall be presented on demand
5099
to any law enforcement officer, the owner, or the authorized
5100
agent of the owner.
5101
(a) For purposes of this section, the term "hunting" means
5102
to be engaged in or reasonably equipped to engage in the pursuit
5103
or taking by any means of any animal described in s. 379.101 (19)
5104
or (20) 372.001(10) or (11), and the term "written authorization"
5105
means a card, letter, or other written instrument which shall
5106
include, but need not be limited to, the name of the person or
5107
entity owning the property, the name and signature of the person
5108
granting the authorization, a description by township, range,
5109
section, partial section, or other geographical description of
5110
the land to which the authorization applies, and a statement of
5111
the time period during which the authorization is valid.
5112
(b) Failure by any person hunting on private land enrolled
5113
in the program to present written authorization to hunt on said
5114
land to any law enforcement officer or the owner or
5115
representative thereof within 7 days of demand shall be prima
5116
facie evidence of violation of s. 810.09(2)(c), punishable as
5118
evidence may be contradicted or rebutted by other evidence.
5119
Section 96. Section 372.6671, Florida Statutes, is
5120
renumbered as section 379.3011, Florida Statutes, and amended to
5121
read:
5122
379.3011 372.6671 Alligator trapping program;
5123
definitions.--Unless otherwise provided by a specific section or
5124
the context otherwise requires, as used in ss. 379.3011,
5126
definitions shall apply:
5127
(1) "Alligator" means a member of the species of alligator
5128
(Alligator mississippiensis) but does not mean its eggs.
5129
(2) "Alligator hatchling" means a juvenile alligator as
5130
more specifically defined by commission rule.
5131
(3) "Process" or "processing" means the skinning,
5132
butchering, or possession of alligators.
5133
Section 97. Section 372.6672, Florida Statutes, is
5134
renumbered as section 379.3012, Florida Statutes, to read:
5135
379.3012 372.6672 Alligator management and trapping program
5136
implementation; commission authority.--
5137
(1) In any alligator management and trapping program that
5138
the Fish and Wildlife Conservation Commission shall establish,
5139
the commission shall have the authority to adopt all rules
5140
necessary for full and complete implementation of such alligator
5141
management and trapping program, and, in order to ensure its
5142
lawful, safe, and efficient operation in accordance therewith,
5143
may:
5144
(a) Regulate the marketing and sale of alligators, their
5145
hides, eggs, meat, and byproducts, including the development and
5146
maintenance of a state-sanctioned sale.
5147
(b) Regulate the handling and processing of alligators,
5148
their eggs, hides, meat, and byproducts, for the lawful, safe,
5149
and sanitary handling and processing of same.
5150
(c) Regulate commercial alligator farming facilities and
5151
operations for the captive propagation and rearing of alligators
5152
and their eggs.
5153
(d) Provide hide-grading services by two or more
5154
individuals pursuant to state-sanctioned sales if rules are first
5155
promulgated by the commission governing:
5156
1. All grading-related services to be provided pursuant to
5157
this section;
5158
2. Criteria for qualifications of persons to serve as hide-
5159
graders for grading services to be provided pursuant to this
5160
section; and
5161
3. The certification process by which hide-graders
5162
providing services pursuant to this section will be certified.
5163
(e) Provide sales-related services by contract pursuant to
5164
state-sanctioned sales if rules governing such services are first
5165
promulgated by the commission.
5166
(2) All contractors of the commission for the grading,
5167
marketing, and sale of alligators and their hides, eggs, meat,
5168
and byproducts shall not engage in any act constituting a
5169
conflict of interest under part III of chapter 112.
5170
(3) The powers and duties of the commission hereunder shall
5171
not be construed so as to supersede the regulatory authority or
5172
lawful responsibility of the Department of Agriculture and
5173
Consumer Services, the Department of Health, or any local
5174
governmental entity regarding the processing or handling of food
5175
products, but shall be deemed supplemental thereto.
5176
Section 98. Section 372.6678, Florida Statutes, is
5177
renumbered as section 379.3013, Florida Statutes, to read:
5178
379.3013 372.6678 Alligator study requirements.--The
5179
commission shall conduct studies of all areas of the state which
5180
it intends to open to alligator collection permits. The study
5181
shall include individual wet areas, lakes, and rivers, or
5182
reasonable numbers of wet areas, lakes, and rivers that may be
5183
logically grouped. The studies shall determine the safe yield of
5184
alligators for which collection permits may be issued. The
5185
studies shall be based upon the best biological information that
5186
indicates the number of alligators which can be removed from the
5187
system without long-term adverse impacts on population levels.
5188
Section 99. Section 372.662, Florida Statutes, is
5189
renumbered as section 379.3014, Florida Statutes, and amended to
5190
read:
5191
379.3014 372.662 Unlawful sale, possession, or transporting
5192
of alligators or alligator skins.--Whenever the sale, possession,
5193
or transporting of alligators or alligator skins is prohibited by
5194
any law of this state, or by the rules, regulations, or orders of
5195
the Fish and Wildlife Conservation Commission adopted pursuant to
5196
s. 9, Art. IV of the State Constitution, the sale, possession, or
5197
transporting of alligators or alligator skins is a Level Three
5198
violation under s. 379.401 372.83.
5199
Section 100. Section 372.664, Florida Statutes, is
5200
renumbered as section 379.3015, Florida Statutes, to read:
5201
379.3015 372.664 Prima facie evidence of intent to violate
5202
laws protecting alligators.--Except as otherwise provided by rule
5203
of the Fish and Wildlife Conservation Commission for the purpose
5204
of the limited collection of alligators in designated areas, the
5205
display or use of a light in a place where alligators might be
5206
known to inhabit in a manner capable of disclosing the presence
5207
of alligators, together with the possession of firearms, spear
5208
guns, gigs, and harpoons customarily used for the taking of
5209
alligators, during the period between 1 hour after sunset and 1
5210
hour before sunrise shall be prima facie evidence of an intent to
5211
violate the provisions of law regarding the protection of
5212
alligators.
5213
Section 101. Section 372.6645, Florida Statutes, is
5214
renumbered as section 379.3016, Florida Statutes, to read:
5215
379.3016 372.6645 Unlawful to sell alligator products;
5216
penalty.--
5217
(1) It is unlawful for any person to sell any alligator
5218
product manufactured in the form of a stuffed baby alligator or
5219
other baby crocodilia.
5220
(2) No person shall sell any alligator product manufactured
5221
from a species which has been declared to be endangered by the
5222
United States Fish and Wildlife Service or the Fish and Wildlife
5223
Conservation Commission.
5224
(3) Any person who violates this section is guilty of a
5225
misdemeanor of the first degree, punishable as provided in s.
5227
Section 102. Section 372.665, Florida Statutes, is
5228
renumbered as section 379.3017, Florida Statutes, to read:
5229
379.3017 372.665 Word "alligator" or "gator" not to be used
5230
in certain sales.--It is unlawful for any person to use the word
5231
"gator" or "alligator" in connection with the sale of any product
5232
derived or made from the skins of other crocodilia or in
5233
connection with the sale of other crocodilia. Any person
5234
violating this section shall, upon conviction, be guilty of a
5235
misdemeanor.
5236
Section 103. Section 372.16, Florida Statutes, is
5237
renumbered as section 379.302, Florida Statutes, and amended to
5238
read:
5239
379.302 372.16 Private game preserves and farms;
5240
regulations; penalties penalty.--
5241
(1) Any person owning land in this state may establish,
5242
maintain, and operate within the boundaries thereof, a private
5243
preserve and farm, not exceeding an area of 640 acres, for the
5244
protection, preservation, propagation, rearing, and production of
5245
game birds and animals for private and commercial purposes,
5246
provided that no two game preserves shall join each other or be
5247
connected. Before any private game preserve or farm is
5248
established, the owner or operator shall secure a license from
5249
the commission, the fee for which is $50 per year.
5250
(2) All private game preserves or farms established under
5251
the provisions of this section shall be fenced in such manner
5252
that domestic game thereon may not escape and wild game on
5253
surrounding lands may not enter and shall be subject at any time
5254
to inspection by the Fish and Wildlife Conservation Commission,
5255
or its conservation officers. Such private preserve or farm shall
5256
be equipped and operated in such manner as to provide sufficient
5257
food and humane treatment for the game kept thereon. Game reared
5258
or produced on private game preserves and farms shall be
5259
considered domestic game and private property and may be sold or
5260
disposed of as such and shall be the subject of larceny. Live
5261
game may be purchased, sold, shipped, and transported for
5262
propagation and restocking purposes only at any time. Such game
5263
may be sold for food purposes only during the open season
5264
provided by law for such game. All game killed must be killed on
5265
the premises of such private game preserve or farm and must be
5266
killed by means other than shooting, except during the open
5267
season. All domestic game sold for food purposes must be marked
5268
or tagged in a manner prescribed by the Fish and Wildlife
5269
Conservation Commission; and the owner or operator of such
5270
private game preserve or farm shall report to the said
5271
commission, on blanks to be furnished by it, each sale or
5272
shipment of domestic game, such reports showing the quantity and
5273
kind of game shipped or sold and to whom sold. Such report shall
5274
be made not later than 5 days following such sale or shipment.
5275
Game reared or produced as aforesaid may be served as such by
5276
hotels, restaurants, or other public eating places during the
5277
open season provided by law on such particular species of game,
5278
under such regulations as the commission may prescribe.
5279
(3) It is unlawful for any common carrier to knowingly
5280
transport or receive for transportation any domestic game unless
5281
the package or container containing such shipment has attached
5282
thereto a permit for such shipment and such package or container
5283
shall be marked on the outside showing quantity and kind of game
5284
enclosed.
5285
(4) Any person violating this section for the first offense
5286
commits a misdemeanor of the second degree, punishable as
5288
subsequent offense commits a misdemeanor of the first degree,
5290
convicted of violating this section shall forfeit to the
5291
commission any license issued under this section; and no further
5292
license shall be issued to such person for a period of 1 year
5293
following such conviction.
5294
Section 104. Subsections (3)and (4) of section 372.922,
5295
Florida Statutes, are renumbered as section 379.303, Florida
5296
Statutes, and amended to read:
5297
379.303 Classification of wildlife; seizure of captive
5298
wildlife.--
5299
(1)(3) The commission shall promulgate rules defining Class
5300
I, Class II, and Class III types of wildlife. The commission
5301
shall also establish rules and requirements necessary to ensure
5302
that permits are granted only to persons qualified to possess and
5303
care properly for wildlife and that permitted wildlife possessed
5304
as personal pets will be maintained in sanitary surroundings and
5305
appropriate neighborhoods.
5306
(2)(4) In instances where wildlife is seized or taken into
5307
custody by the commission, said owner or possessor of such
5308
wildlife shall be responsible for payment of all expenses
5309
relative to the capture, transport, boarding, veterinary care, or
5310
other costs associated with or incurred due to seizure or custody
5311
of wildlife. Such expenses shall be paid by said owner or
5312
possessor upon any conviction or finding of guilt of a criminal
5313
or noncriminal violation, regardless of adjudication or plea
5314
entered, of any provision of chapter 828 or this chapter, or rule
5315
of the commission or if such violation is disposed of under s.
5316
921.187. Failure to pay such expense may be grounds for
5317
revocation or denial of permits to such individual to possess
5318
wildlife.
5319
Section 105. Subsections (4), (5), (6), (9), and (10) of
5320
section 372.921, Florida Statutes, are renumbered as section
5321
379.304, Florida Statutes, and amended to read:
5322
379.304 372.921 Exhibition or sale of wildlife.--
5323
(1)(4) Permits issued pursuant to this section and places
5324
where wildlife is kept or held in captivity shall be subject to
5325
inspection by officers of the commission at all times. The
5326
commission shall have the power to release or confiscate any
5327
specimens of any wildlife, specifically birds, mammals,
5328
amphibians, or reptiles, whether indigenous to the state or not,
5329
when it is found that conditions under which they are being
5330
confined are unsanitary, or unsafe to the public in any manner,
5331
or that the species of wildlife are being maltreated, mistreated,
5332
or neglected or kept in any manner contrary to the provisions of
5333
chapter 828, any such permit to the contrary notwithstanding.
5334
Before any such wildlife is confiscated or released under the
5335
authority of this section, the owner thereof shall have been
5336
advised in writing of the existence of such unsatisfactory
5337
conditions; the owner shall have been given 30 days in which to
5338
correct such conditions; the owner shall have failed to correct
5339
such conditions; the owner shall have had an opportunity for a
5340
proceeding pursuant to chapter 120; and the commission shall have
5341
ordered such confiscation or release after careful consideration
5342
of all evidence in the particular case in question. The final
5343
order of the commission shall constitute final agency action.
5344
(2)(5) In instances where wildlife is seized or taken into
5345
custody by the commission, said owner or possessor of such
5346
wildlife shall be responsible for payment of all expenses
5347
relative to the capture, transport, boarding, veterinary care, or
5348
other costs associated with or incurred due to seizure or custody
5349
of wildlife. Such expenses shall be paid by said owner or
5350
possessor upon any conviction or finding of guilt of a criminal
5351
or noncriminal violation, regardless of adjudication or plea
5352
entered, of any provision of chapter 828 or this chapter, or rule
5353
of the commission or if such violation is disposed of under s.
5354
921.187. Failure to pay such expense may be grounds for
5355
revocation or denial of permits to such individual to possess
5356
wildlife.
5357
(3)(6) Any animal on exhibit of a type capable of
5358
contracting or transmitting rabies shall be immunized against
5359
rabies.
5360
(4)(9) The commission is authorized to adopt rules pursuant
5362
section.
5363
(5)(10) A violation of this section is punishable as
5364
provided by s. 379.401 372.83.
5365
Section 106. Section 372.92, Florida Statutes, is
5366
renumbered as section 379.305, Florida Statutes, and amended to
5367
read:
5368
379.305 372.92 Rules and regulations; penalties.--
5369
(1) The Fish and Wildlife Conservation Commission may
5370
prescribe such other rules and regulations as it may deem
5371
necessary to prevent the escape of venomous reptiles or reptiles
5372
of concern, either in connection of construction of such cages or
5373
otherwise to carry out the intent of ss. 379.372-379.374 372.86-
5374
5375
(2) A person who knowingly releases a nonnative venomous
5376
reptile or reptile of concern to the wild or who through gross
5377
negligence allows a nonnative venomous reptile or reptile of
5378
concern to escape commits a Level Three violation, punishable as
5379
provided in s. 379.4015 372.935.
5380
Section 107. Section 372.673, Florida Statutes, is
5381
renumbered as section 379.3061, Florida Statutes, to read:
5382
379.3061 372.673 Florida Panther Technical Advisory
5383
Council.--
5384
(1) The Florida Panther Technical Advisory Council is
5385
established within the Fish and Wildlife Conservation Commission.
5386
The council shall be appointed by the Governor and shall consist
5387
of seven members with technical knowledge and expertise in the
5388
research and management of large mammals.
5389
(a) Two members shall represent state or federal agencies
5390
responsible for management of endangered species; two members,
5391
who must have specific experience in the research and management
5392
of large felines or large mammals, shall be appointed from
5393
universities, colleges, or associated institutions; and three
5394
members, with similar expertise, shall be appointed from the
5395
public at large.
5396
(b) As soon as practicable after July 1, 1983, one member
5397
representing a state or federal agency and one member appointed
5398
from a university, college, or associated institution shall be
5399
appointed for terms ending August 1, 1985, and the remaining
5400
members shall be appointed for terms ending August 1, 1987.
5401
Thereafter, all appointments shall be for 4-year terms. If a
5402
vacancy occurs, a member shall be appointed for the remainder of
5403
the unexpired term. A member whose term has expired shall
5404
continue sitting on the council with full rights until a
5405
replacement has been appointed.
5406
(c) Council members shall be reimbursed pursuant to s.
5407
112.061 but shall receive no additional compensation or
5408
honorarium.
5409
(2) The purposes of the council are:
5410
(a) To serve in an advisory capacity to the Fish and
5411
Wildlife Conservation Commission on technical matters of
5412
relevance to the Florida panther recovery program, and to
5413
recommend specific actions that should be taken to accomplish the
5414
purposes of this act.
5415
(b) To review and comment on research and management
5416
programs and practices to identify potential harm to the Florida
5417
panther population.
5418
(c) To provide a forum for technical review and discussion
5419
of the status and development of the Florida panther recovery
5420
program.
5421
Section 108. Section 372.5714, Florida Statutes, is
5422
renumbered as section 379.3062, Florida Statutes, and amended to
5423
read:
5424
379.3062 372.5714 Waterfowl Advisory Council.--
5425
(1) There is created a Waterfowl Advisory Council
5426
consisting of three members, one appointed by the Governor, one
5427
appointed by the Speaker of the House of Representatives, and one
5428
appointed by the President of the Senate. Members may be
5429
representative of appropriate state agencies, private
5430
conservation groups, or private citizens and shall possess
5431
knowledge and experience in the area of waterfowl management and
5432
protection. Members shall be appointed for 4-year, staggered
5433
terms and shall be eligible for reappointment. A vacancy shall be
5434
filled by appointment for the remainder of the unexpired term.
5435
(2) The council shall meet at least once a year either in
5436
person or by a telephone conference call, shall elect a chair
5437
annually to preside over its meetings and perform any other
5438
duties directed by the council, and shall maintain minutes of
5439
each meeting. All records of council activities shall be kept on
5440
file with the Fish and Wildlife Conservation Commission and shall
5441
be made available to any interested person. The Fish and Wildlife
5442
Conservation Commission shall provide such staff support as is
5443
necessary to the council to carry out its duties. Members of the
5444
council shall serve without compensation, but shall be reimbursed
5445
for per diem and travel expenses as provided in s. 112.061 when
5446
carrying out the official business of the council.
5447
(3) It shall be the duty of the council to advise the
5448
commission regarding the administration of revenues generated by
5449
the sale of the Florida waterfowl permit provided for by s.
5450
379.2211 372.5712. In particular, the council shall consult with
5451
and advise the commission with respect to the establishment and
5452
operation of projects for the protection and propagation of
5453
migratory waterfowl and the development, restoration,
5454
maintenance, and preservation of wetlands within the state, to be
5455
financed by such revenues as specified in said section.
5456
Section 109. Section 372.992, Florida Statutes, is
5457
renumbered as section 379.3063, Florida Statutes, to read:
5458
379.3063 372.992 Nongame Wildlife Advisory Council.--
5459
(1) There is created the Nongame Wildlife Advisory Council,
5460
which shall consist of the following 11 members appointed by the
5461
Governor: one representative each from the Fish and Wildlife
5462
Conservation Commission, the Department of Environmental
5463
Protection, and the United States Fish and Wildlife Services; the
5464
director of the Florida Museum of Natural History or her or his
5465
designee; one representative from a professional wildlife
5466
organization; one representative from a private wildlife
5467
institution; one representative from a Florida university or
5468
college who has expertise in nongame biology; one representative
5469
of business interests from a private consulting firm who has
5470
expertise in nongame biology; one representative of a statewide
5471
organization of landowner interests; and two members from
5472
conservation organizations. All appointments shall be for 4-year
5473
terms. Members shall be eligible for reappointment.
5474
(2) The council shall recommend to the commission policies,
5475
objectives, and specific actions for nongame wildlife research
5476
and management.
5477
(3) Members of the council shall receive no compensation
5478
but shall be entitled to receive per diem and travel expenses as
5479
provided in s. 112.061, while carrying out official business with
5480
the council, from funds provided under s. 379.209 372.991.
5481
Section 110. Part V of chapter 379, Florida Statutes,
5482
consisting of sections 379.33, 379.3311, 379.3312, 379.3313,
5483
379.332, 379.333, 379.334, 379.335, 379.336, 379.337, 379.338,
5484
379.339, 379.340, 379.341, 379.342, and 379.343, is created to
5485
read:
5486
PART V
5487
LAW ENFORCEMENT
5488
5489
Section 111. Section 370.028, Florida Statutes, is
5490
renumbered as section 379.33, Florida Statutes, and amended to
5491
read:
5492
379.33 370.028 Enforcement of commission rules; penalties
5493
for violation of rule.--Rules of the Fish and Wildlife
5494
Conservation Commission shall be enforced by any law enforcement
5495
officer certified pursuant to s. 943.13. Except as provided under
5496
s. 379.401 372.83, any person who violates or otherwise fails to
5497
comply with any rule adopted by the commission shall be punished
5498
pursuant to s. 379.407 (1) 370.021(1).
5499
Section 112. Section 372.07, Florida Statutes, is
5500
renumbered as section 379.3311, Florida Statutes, to read:
5501
379.3311 372.07 Police powers of commission and its
5502
agents.--
5503
(1) The Fish and Wildlife Conservation Commission, the
5504
executive director and the executive director's assistants
5505
designated by her or him, and each wildlife officer are
5506
constituted peace officers with the power to make arrests for
5507
violations of the laws of this state when committed in the
5508
presence of the officer or when committed on lands under the
5509
supervision and management of the commission. The general laws
5510
applicable to arrests by peace officers of this state shall also
5511
be applicable to said director, assistants, and wildlife
5512
officers. Such persons may enter upon any land or waters of the
5513
state for performance of their lawful duties and may take with
5514
them any necessary equipment, and such entry shall not constitute
5515
a trespass.
5516
(2) Such officers shall have power and authority to enforce
5517
throughout the state all laws relating to game, nongame birds,
5518
fish, and fur-bearing animals and all rules and regulations of
5519
the Fish and Wildlife Conservation Commission relating to wild
5520
animal life, marine life, and freshwater aquatic life, and in
5521
connection with said laws, rules, and regulations, in the
5522
enforcement thereof and in the performance of their duties
5523
thereunder, to:
5524
(a) Go upon all premises, posted or otherwise;
5525
(b) Execute warrants and search warrants for the violation
5526
of said laws;
5527
(c) Serve subpoenas issued for the examination,
5528
investigation, and trial of all offenses against said laws;
5529
(d) Carry firearms or other weapons, concealed or
5530
otherwise, in the performance of their duties;
5531
(e) Arrest upon probable cause without warrant any person
5532
found in the act of violating any of the provisions of said laws
5533
or, in pursuit immediately following such violations, to examine
5534
any person, boat, conveyance, vehicle, game bag, game coat, or
5535
other receptacle for wild animal life, marine life, or freshwater
5536
aquatic life, or any camp, tent, cabin, or roster, in the
5537
presence of any person stopping at or belonging to such camp,
5538
tent, cabin, or roster, when said officer has reason to believe,
5539
and has exhibited her or his authority and stated to the
5540
suspected person in charge the officer's reason for believing,
5541
that any of the aforesaid laws have been violated at such c
5542
(f) Secure and execute search warrants and in pursuance
5543
thereof to enter any building, enclosure, or car and to break
5544
open, when found necessary, any apartment, chest, locker, box,
5545
trunk, crate, basket, bag, package, or container and examine the
5546
contents thereof;
5547
(g) Seize and take possession of all wild animal life,
5548
marine life, or freshwater aquatic life taken or in possession or
5549
under control of, or shipped or about to be shipped by, any
5550
person at any time in any manner contrary to said laws.
5551
(3) It is unlawful for any person to resist an arrest
5552
authorized by this section or in any manner to interfere, either
5553
by abetting, assisting such resistance, or otherwise interfering
5554
with said executive director, assistants, or wildlife officers
5555
while engaged in the performance of the duties imposed upon them
5556
by law or regulation of the Fish and Wildlife Conservation
5557
Commission.
5558
(4) Upon final disposition of any alleged offense for which
5559
a citation for any violation of this chapter or the rules of the
5560
commission has been issued, the court shall, within 10 days after
5561
the final disposition of the action, certify the disposition to
5562
the commission.
5563
Section 113. Section 372.071, Florida Statutes, is
5564
renumbered as section 379.3312, Florida Statutes, and amended to
5565
read:
5566
379.3312 372.071 Powers of arrest by agents of Department
5567
of Environmental Protection or Fish and Wildlife Conservation
5568
Commission.--Any certified law enforcement officer of the
5569
Department of Environmental Protection or the Fish and Wildlife
5570
Conservation Commission, upon receiving information, relayed to
5571
her or him from any law enforcement officer stationed on the
5572
ground, on the water, or in the air, that a driver, operator, or
5573
occupant of any vehicle, boat, or airboat has violated any
5574
section of chapter 327, chapter 328, chapter 370, or this
5576
operator, or occupant for violation of said laws when reasonable
5577
and proper identification of the vehicle, boat, or airboat and
5578
reasonable and probable grounds to believe that the driver,
5579
operator, or occupant has committed or is committing any such
5580
offense have been communicated to the arresting officer by the
5581
other officer stationed on the ground, on the water, or in the
5582
air.
5583
Section 114. Subsection(8) of section 370.021, Florida
5584
Statutes, is renumbered as section 379.3313, Florida Statutes,
5585
and amended to read:
5586
379.3313 Powers of commission law enforcement officers.--
5587
(8) POWERS OF OFFICERS.--
5588
(1)(a) Law enforcement officers of the commission are
5589
constituted law enforcement officers of this state with full
5590
power to investigate and arrest for any violation of the laws of
5591
this state and the rules of the commission under their
5592
jurisdiction. The general laws applicable to arrests by peace
5593
officers of this state shall also be applicable to law
5594
enforcement officers of the commission. Such law enforcement
5595
officers may enter upon any land or waters of the state for
5596
performance of their lawful duties and may take with them any
5597
necessary equipment, and such entry will not constitute a
5598
trespass. It is lawful for any boat, motor vehicle, or aircraft
5599
owned or chartered by the commission or its agents or employees
5600
to land on and depart from any of the beaches or waters of the
5601
state. Such law enforcement officers have the authority, without
5602
warrant, to board, inspect, and search any boat, fishing
5603
appliance, storage or processing plant, fishhouse, spongehouse,
5604
oysterhouse, or other warehouse, building, or vehicle engaged in
5605
transporting or storing any fish or fishery products. Such
5606
authority to search and inspect without a search warrant is
5607
limited to those cases in which such law enforcement officers
5608
have reason to believe that fish or any saltwater products are
5609
taken or kept for sale, barter, transportation, or other purposes
5610
in violation of laws or rules promulgated under this law. Any
5611
such law enforcement officer may at any time seize or take
5612
possession of any saltwater products or contraband which have
5613
been unlawfully caught, taken, or processed or which are
5614
unlawfully possessed or transported in violation of any of the
5615
laws of this state or any rule of the commission. Such law
5616
enforcement officers may arrest any person in the act of
5617
violating any of the provisions of this law, the rules of the
5618
commission, or any of the laws of this state. It is hereby
5619
declared unlawful for any person to resist such arrest or in any
5620
manner interfere, either by abetting or assisting such resistance
5621
or otherwise interfering, with any such law enforcement officer
5622
while engaged in the performance of the duties imposed upon him
5623
or her by law or rule of the commission.
5624
(2)(b) The Legislature finds that the checking and
5625
inspection of saltwater products aboard vessels is critical to
5626
good fishery management and conservation and that, because almost
5627
all saltwater products are either iced or cooled in closed areas
5628
or containers, the enforcement of seasons, size limits, and bag
5629
limits can only be effective when inspection of saltwater
5630
products so stored is immediate and routine. Therefore, in
5631
addition to the authority granted in subsection (1), a law
5632
enforcement officer of the commission who has probable cause to
5633
believe that the vessel has been used for fishing prior to the
5634
inspection shall have full authority to open and inspect all
5635
containers or areas where saltwater products are normally kept
5636
aboard vessels while such vessels are on the water, such as
5637
refrigerated or iced locations, coolers, fish boxes, and bait
5638
wells, but specifically excluding such containers that are
5639
located in sleeping or living areas of the vessel.
5640
Section 115. Section 372.70, Florida Statutes, is
5641
renumbered as section 379.332, Florida Statutes, to read:
5642
379.332 372.70 Prosecutions; state attorney to represent
5643
state.--
5644
(1) The prosecuting officers of the several courts of
5645
criminal jurisdiction of this state shall investigate and
5646
prosecute all violations of the laws relating to game, freshwater
5647
fish, nongame birds, and fur-bearing animals which may be brought
5648
to their attention by the commission or its conservation
5649
officers, or which may otherwise come to their knowledge.
5650
(2) The state attorney shall represent the state in any
5651
forfeiture proceeding under this chapter. The Department of Legal
5652
Affairs shall represent the state in all appeals from judgments
5653
of forfeiture to the Supreme Court. The state may appeal any
5654
judgment denying forfeiture in whole or in part that may be
5655
otherwise adverse to the state.
5656
Section 116. Section 372.701, Florida Statutes, is
5657
renumbered as section 379.333, Florida Statutes, to read:
5658
379.333 372.701 Arrest by officers of the Fish and Wildlife
5659
Conservation Commission; recognizance; cash bond; citation.--
5660
(1) In all cases of arrest by officers of the Fish and
5661
Wildlife Conservation Commission and the Department of
5662
Environmental Protection, the person arrested shall be delivered
5663
forthwith by said officer to the sheriff of the county, or shall
5664
obtain from such person arrested a recognizance or, if deemed
5665
necessary, a cash bond or other sufficient security conditioned
5666
for her or his appearance before the proper tribunal of such
5667
county to answer the charge for which the person has been
5668
arrested.
5669
(2) All officers of the commission and the department are
5670
hereby directed to deliver all bonds accepted and approved by
5671
them to the sheriff of the county in which the offense is alleged
5672
to have been committed.
5673
(3) Any person so arrested and released on her or his own
5674
recognizance by an officer and who shall fail to appear or
5675
respond to the proper citation to appear, shall, in addition to
5676
the charge relating to wildlife or freshwater fish, be charged
5677
with that offense of failing to respond to such citation and,
5678
upon conviction, be punished as for a misdemeanor. A written
5679
warning to this effect shall be given at the time of arrest of
5680
such person.
5681
Section 117. Section 372.76, Florida Statutes, is
5682
renumbered as section 379.334, Florida Statutes, to read:
5683
379.334 372.76 Search and seizure authorized and
5684
limited.--The Fish and Wildlife Conservation Commission and its
5685
conservation officers shall have authority when they have
5686
reasonable and probable cause to believe that the provisions of
5687
this chapter have been violated, to board any vessel, boat, or
5688
vehicle or to enter any fishhouse or warehouse or other building,
5689
exclusive of residence, in which game, hides, fur-bearing
5690
animals, fish, or fish nets are kept and to search for and seize
5691
any such game, hides, fur-bearing animals, fish, or fish nets had
5692
or held therein in violation of law. Provided, however, that no
5693
search without warrant shall be made under any of the provisions
5694
of this chapter, unless the officer making such search has such
5695
information from a reliable source as would lead a prudent and
5696
cautious person to believe that some provision of this chapter is
5697
being violated.
5698
Section 118. Section 372.761, Florida Statutes, is
5699
renumbered as section 379.335, Florida Statutes, to read:
5700
379.335 372.761 Issuance of warrant for search of private
5701
dwelling.--
5702
(1) A search warrant may be issued on application by a
5703
commissioned officer of the Fish and Wildlife Conservation
5704
Commission to search any private dwelling occupied as such when
5705
it is being used for the unlawful sale or purchase of wildlife or
5706
freshwater fish being unlawfully kept therein. The term "private
5707
dwelling" shall be construed to include the room or rooms used
5708
and occupied, not transiently but solely as a residence, in an
5709
apartment house, hotel, boardinghouse, or lodginghouse. No
5710
warrant for the search of any private dwelling shall be issued
5711
except upon probable cause supported by sworn affidavit of some
5712
creditable witness that she or he has reason to believe that the
5713
said conditions exist, which affidavit shall set forth the facts
5714
on which such reason for belief is based.
5715
(2) This section shall not be construed as being in
5716
conflict with, but is supplemental to, chapter 933.
5717
Section 119. Section 370.22, Florida Statutes, is
5718
renumbered as section 379.336, Florida Statutes, to read:
5719
379.336 370.22 Venue for proceedings against citizens and
5720
residents charged with violations outside state boundaries.--
5721
(1) In any proceeding against a resident or citizen of the
5722
state to enforce the provisions of this chapter with respect to
5723
alleged violations occurring beyond the territorial waters of the
5724
state, the proper venue shall be the county within the state
5725
which is nearest the site of the violation.
5726
(2) For the purpose of this section, any person having
5727
embarked from, or having docked his or her vessel in, a port
5728
within this state who violates any provision of this chapter with
5729
respect to the unlawful landing of saltwater life, whether or not
5730
outside the territorial waters of the state, shall be considered
5731
a citizen of the state for the purpose of subjecting that person
5732
to the police powers of the state.
5733
Section 120. Section 370.061, Florida Statutes, is
5734
renumbered as section 379.337, Florida Statutes, and amended to
5735
read:
5736
379.337 370.061 Confiscation, seizure, and forfeiture of
5737
property and products.--
5738
(1) SEIZURE, FORFEITURE; PROCEDURE.--Nothing in this
5739
subsection affects the commission's authority to confiscate in
5740
any case illegal saltwater products, illegally taken saltwater
5741
products, or illegal fishing gear in accordance with this
5742
section.
5743
(a) Property used in connection with a violation resulting
5744
in a conviction for the illegal taking, or attempted taking,
5745
sale, possession, or transportation of saltwater products is
5746
subject to seizure and forfeiture as part of the commission's
5747
efforts to protect the state's marine life. Saltwater products
5748
and seines, nets, boats, motors, other fishing devices or
5749
equipment, and vehicles or other means of transportation used or
5750
attempted to be used in connection with, as an instrumentality
5751
of, or in aiding and abetting such illegal taking or attempted
5752
taking are hereby declared to be nuisances.
5753
(b) Upon a conviction of a person in whose possession the
5754
property was found, the court having jurisdiction over the
5755
criminal offense, notwithstanding any jurisdictional limitations
5756
on the amount in controversy, may make a finding that the
5757
property was used in connection with a saltwater products
5758
violation and may order such property forfeited to the
5759
commission.
5760
(c) For purposes of this section, a conviction, except with
5761
respect to a first time offender under this chapter for whom
5762
adjudication is withheld, is any disposition other than acquittal
5763
or dismissal.
5764
(2) SEIZURE, FORFEITURE; NOTICE.--The requirement for a
5765
conviction before forfeiture of property establishes to the
5766
exclusion of any reasonable doubt that the property was used in
5767
connection with the violation resulting in conviction. Prior to
5768
the issuance of a forfeiture order for any vessel, vehicle, or
5769
other property under subsection (1), the commission shall seize
5770
the property and notify the registered owner, if any, that the
5771
property has been seized by the commission. Except as provided in
5772
subsection (6), the procedures of chapter 932 do not apply to any
5773
seizure or forfeiture of property under this section.
5774
(a) Notification of property seized under this section must
5775
be sent by certified mail to a registered owner within 14 days
5776
after seizure. If the commission, after diligent inquiry, cannot
5777
ascertain the registered owner, the notice requirement is
5778
satisfied.
5779
(b) Upon a first conviction for a violation under this
5780
chapter, the property seized under this section shall be returned
5781
to the registered owner if the commission fails to prove by a
5782
preponderance of the evidence before the court having
5783
jurisdiction over the criminal offense that the registered owner
5784
aided in, abetted in, participated in, gave consent to, knew of,
5785
or had reason to know of the violation.
5786
(c) Upon a second or subsequent conviction for a violation
5787
under this chapter, the burden shall be on the registered owner
5788
to prove by a preponderance of the evidence before the court
5789
having jurisdiction over the criminal offense that the registered
5790
owner in no way aided in, abetted in, participated in, knew of,
5791
or had reason to know of the second or subsequent violation which
5792
resulted in seizure of the lawful property.
5793
(d) Any request for a hearing from a registered owner
5794
asserting innocence to recover property seized under these
5795
provisions must be sent to the commission's Division of Law
5796
Enforcement within 21 days after the registered owner's receipt
5797
of the notice of seizure. If a request for a hearing is not
5798
timely received, the court shall forfeit to the commission the
5799
right to, title to, and interest in the property seized, subject
5800
only to the rights and interests of bona fide lienholders.
5801
(e) If a motor vehicle is seized under this section and is
5802
subject to any existing liens recorded under s. 319.27, all
5803
further proceedings shall be governed by the expressed intent of
5804
the Legislature not to divest any innocent person, firm, or
5805
corporation holding such a recorded lien of any of its
5806
reversionary rights in such motor vehicle or of any of its rights
5807
as prescribed in s. 319.27, and upon any default by the violator
5808
purchaser, the lienholder may foreclose its lien and take
5809
possession of the motor vehicle involved.
5810
(3) COURT ORDER OF FORFEITURE.--When any illegal or
5811
illegally used seine, net, trap, or other fishing device or
5812
equipment, or illegally taken, possessed, or transported
5813
saltwater products, are found and taken into custody, and the
5814
owner thereof is not known to the officer finding the item or
5815
items, such officer shall immediately procure from the county
5816
court judge of the county wherein the item or items were found an
5817
order forfeiting the illegally used or illegally taken saltwater
5818
products, seines, nets, traps, boats, motors, or other fishing
5819
devices to the commission.
5820
(4) DESTRUCTION OR DISPOSITION OF PROPERTY.--All property
5821
forfeited under this section may be destroyed, used by the
5822
commission, disposed of by gift to charitable or state
5823
institutions, or sold, with the proceeds derived from the sale
5824
deposited into the Marine Resources Conservation Trust Fund to be
5825
used for law enforcement purposes, or into the commission's
5826
Federal Law Enforcement Trust Fund as provided in s. 372.107, as
5827
applicable.
5828
(5) CONFISCATION AND SALE OF PERISHABLE SALTWATER PRODUCTS;
5829
PROCEDURE.--
5830
(a) When an arrest is made pursuant to the provisions of
5831
this chapter and illegal, perishable saltwater products or
5832
saltwater products illegally taken or landed are confiscated, the
5833
defendant may post bond or cash deposit in an amount determined
5834
by the judge to be the fair value of such confiscated products.
5835
The defendant shall have 24 hours to transport the products
5836
outside the limits of Florida for sale or other disposition.
5837
Should no bond or cash deposit be given within the time fixed by
5838
the judge, the judge shall order the sale of the confiscated
5839
saltwater products at the highest price obtainable. When
5840
feasible, at least three bids shall be requested.
5841
(b) Moneys received from the sale of confiscated saltwater
5842
products, either by the defendant or by order of the court, shall
5843
be received by the judge and shall be remitted to the commission
5844
to be deposited into a special escrow account in the State
5845
Treasury to be held in trust pending the outcome of the trial of
5846
the defendant. If bond is posted by the defendant, it shall also
5847
be remitted to the commission to be held in escrow pending the
5848
outcome of the trial of the defendant.
5849
(c) In the event of acquittal, the proceeds of a sale or
5850
the bond or cash deposit required by this subsection shall be
5851
returned to the defendant. In the event of a conviction, the
5852
proceeds of a sale or the bond or cash deposit required by this
5853
subsection shall be deposited into the Marine Resources
5854
Conservation Trust Fund to be used for law enforcement purposes
5855
or into the commission's Federal Law Enforcement Trust Fund as
5856
provided in s. 372.107, as applicable. Such deposit into the
5857
Marine Resources Conservation Trust Fund or the Federal Law
5858
Enforcement Trust Fund shall constitute confiscation.
5859
(d) For purposes of confiscation under this subsection, the
5860
term "saltwater products" has the meaning set out in s.
5861
379.101(36) 370.01(27), except that the term does not include
5862
saltwater products harvested under the authority of a
5863
recreational license unless the amount of such harvested products
5864
exceeds three times the applicable recreational bag limit for
5865
trout, snook, or redfish.
5866
(6) MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL
5867
FUNDING.--
5868
(a) Any municipal or county law enforcement agency that
5869
enforces or assists the commission in enforcing the provisions of
5870
this chapter, which results in a forfeiture of property as
5871
provided in this section, shall be entitled to receive all or a
5872
share of any property based upon its participation in such
5873
enforcement.
5874
(b) If a municipal or county law enforcement agency has a
5875
marine enforcement unit, any property delivered to any municipal
5876
or county law enforcement agency as provided in paragraph (a) may
5877
be retained or sold by the municipal or county law enforcement
5878
agency, and the property or proceeds shall be used to enforce the
5879
provisions of this chapter and chapters 327 and 328. If a
5880
municipal or county law enforcement agency does not have a marine
5881
enforcement unit, such property or proceeds shall be disposed of
5882
under the provisions of chapter 932.
5883
(c) Any funds received by a municipal or county law
5884
enforcement agency pursuant to this subsection shall be
5885
supplemental funds and may not be used as replacement funds by
5886
the municipality or county.
5887
Section 121. Section 372.73, Florida Statutes, is
5888
renumbered as section 379.338, Florida Statutes, and amended to
5889
read:
5890
379.338 372.73 Confiscation and disposition of illegally
5891
taken game.--All game and freshwater fish seized under the
5892
authority of this chapter shall, upon conviction of the offender
5893
or sooner if the court so orders, be forfeited and given to some
5894
hospital or charitable institution and receipt therefor sent to
5895
the Fish and Wildlife Conservation Commission. All furs or hides
5896
or fur-bearing animals seized under the authority of this chapter
5897
shall, upon conviction of the offender, be forfeited and sent to
5898
the commission, which shall sell the same and deposit the
5899
proceeds of such sale to the credit of the State Game Trust Fund
5900
or into the commission's Federal Law Enforcement Trust Fund as
5901
provided in s. 372.107, as applicable. If any such hides or furs
5902
are seized and the offender is unknown, the court shall order
5903
such hides or furs sent to the Fish and Wildlife Conservation
5904
Commission, which shall sell such hides and furs and deposit the
5905
proceeds of such sale to the credit of the State Game Trust Fund
5906
or into the commission's Federal Law Enforcement Trust Fund as
5907
provided in s. 372.107, as applicable.
5908
Section 122. Section 372.9901, Florida Statutes, is
5909
renumbered as section 379.339, Florida Statutes, and amended to
5910
read:
5911
379.339 372.9901 Seizure of illegal hunting devices;
5912
disposition; notice; forfeiture.--In order to protect the state's
5913
wildlife resources, any vehicle, vessel, animal, gun, light, or
5914
other hunting device used or attempted to be used in connection
5915
with, as an instrumentality of, or in aiding and abetting in the
5916
commission of an offense prohibited by s. 379.404 372.99 is
5917
subject to seizure and forfeiture. The provisions of chapter 932
5918
do not apply to any seizure or forfeiture under this section. For
5919
purposes of this section, a conviction is any disposition other
5920
than acquittal or dismissal.
5921
(1)(a) Upon a first conviction of the person in whose
5922
possession the property was found, the court having jurisdiction
5923
over the criminal offense, notwithstanding any jurisdictional
5924
limitations on the amount in controversy, may make a finding that
5925
the property was used in connection with a violation of s.
5926
379.404 372.99. Upon such finding, the court may order the
5927
property forfeited to the commission.
5928
(b) Upon a second or subsequent conviction of a person in
5929
whose possession the property was found for a violation of s.
5930
379.404 372.99, the court shall order the forfeiture to the
5931
commission of any property used in connection with that
5932
violation.
5933
(2) The requirement for a conviction before forfeiture
5934
establishes, to the exclusion of any reasonable doubt, that the
5935
property was used in connection with that violation. Prior to the
5936
issuance of a forfeiture order for any vessel, vehicle, or other
5937
property under subsection (1), the commission shall seize the
5938
property and notify the registered owner, if any, that the
5939
property has been seized by the commission.
5940
(3) Notification of property seized under this section must
5941
be sent by certified mail to a registered owner within 14 days
5942
after seizure. If the commission, after diligent inquiry, cannot
5943
ascertain the registered owner, the notice requirement is
5944
satisfied.
5945
(4)(a) For a first conviction of an offense under s.
5946
379.404 372.99, property seized by the commission shall be
5947
returned to the registered owner if the commission fails to prove
5948
by a preponderance of the evidence before the court having
5949
jurisdiction over the criminal offense that the registered owner
5950
aided in, abetted in, participated in, gave consent to, knew of,
5951
or had reason to know of the offense.
5952
(b) Upon a second or subsequent conviction for an offense
5953
under s. 379.404 372.99, the burden shall be on the registered
5954
owner to prove by a preponderance of the evidence before the
5955
court having jurisdiction over the criminal offense that the
5956
registered owner in no way aided in, abetted in, participated in,
5957
knew of, or had reason to know of the second offense which
5958
resulted in seizure of the lawful property.
5959
(c) Any request for a hearing from a registered owner
5960
asserting innocence to recover property seized under these
5961
provisions must be sent to the commission's Division of Law
5962
Enforcement within 21 days after the registered owner's receipt
5963
of the notice of seizure. If a request for a hearing is not
5964
timely received, the court shall forfeit to the commission the
5965
right to, title to, and interest in the property seized, subject
5966
only to the rights and interests of bona fide lienholders.
5967
(5) All amounts received from the sale or other disposition
5968
of the property shall be paid into the State Game Trust Fund or
5969
into the commission's Federal Law Enforcement Trust Fund as
5970
provided in s. 372.107, as applicable. If the property is not
5971
sold or converted, it shall be delivered to the executive
5972
director of the commission.
5973
Section 123. Section 372.9904, Florida Statutes, is
5974
renumbered as section 379.3395, Florida Statutes, and amended to
5975
read:
5976
379.3395 372.9904 Seizure of illegal transportation
5977
devices; disposition; appraisal; forfeiture.--
5978
(1) Any vehicle, vessel, or other transportation device
5979
used in the commission of the offense prohibited by s. 379.406
5980
372.9903, except a vehicle, vessel, or other transportation
5981
device duly registered as a common carrier and operated in lawful
5982
transaction of business as such carrier, shall be seized by the
5983
arresting officer, who shall promptly make return of the seizure
5984
and deliver the property to the director of the Fish and Wildlife
5985
Conservation Commission. The return shall describe the property
5986
seized and recite in detail the facts and circumstances under
5987
which it was seized, together with the reason that the property
5988
was subject to seizure. The return shall also contain the names
5989
of all persons known to the officer to be interested in the
5990
property.
5991
(2) The commission, upon receipt of the property, shall
5992
promptly fix its value and make return thereof to the clerk of
5993
the circuit court of the county wherein the article was seized;
5994
after which, on proper showing of ownership of the property by
5995
someone other than the person arrested, the property shall be
5996
returned by the court to the said owner.
5997
(3) Upon conviction of the violator, the property, if owned
5998
by the person convicted, shall be forfeited to the state under
5999
the procedure set forth in ss. 379.337 and 379.362 370.061 and
6000
370.07, when not inconsistent with this section. All amounts
6001
received from the sale or other disposition of the property shall
6002
be paid into the State Game Trust Fund or into the commission's
6003
Federal Law Enforcement Trust Fund as provided in s. 372.107, as
6004
applicable. If the property is not sold or converted, it shall be
6005
delivered to the director of the Fish and Wildlife Conservation
6006
Commission.
6007
Section 124. Section 372.99021, Florida Statutes, is
6008
renumbered as section 379.341, Florida Statutes, to read:
6009
379.341 372.99021 Disposition of illegal fishing devices;
6010
exercise of police power.--
6011
(1) In all cases of arrest and conviction for use of
6012
illegal nets or traps or fishing devices, as provided in this
6013
chapter, such illegal net, trap, or fishing device is declared to
6014
be a nuisance and shall be seized and carried before the court
6015
having jurisdiction of such offense and said court shall order
6016
such illegal trap, net, or fishing device forfeited to the
6017
commission immediately after trial and conviction of the person
6018
in whose possession they were found. When any illegal net, trap,
6019
or fishing device is found in the fresh waters of the state, and
6020
the owner of same shall not be known to the officer finding the
6021
same, such officer shall immediately procure from the county
6022
court judge an order forfeiting said illegal net, trap, or
6023
fishing device to the commission. The commission may destroy such
6024
illegal net, trap, or fishing device, if in its judgment said
6025
net, trap, or fishing device is not of value in the work of the
6026
department.
6027
(2) When any nets, traps, or fishing devices are found
6028
being used illegally as provided in this chapter, the same shall
6029
be seized and forfeited to the commission as provided in this
6030
chapter.
6031
(3) This section is necessary for the more efficient and
6032
proper enforcement of the statutes and laws of this state
6033
prohibiting the illegal use of nets, traps, or fishing devices
6034
and is a lawful exercise of the police power of the state for the
6035
protection of the public welfare, health, and safety of the
6036
people of the state. All the provisions of this section shall be
6037
liberally construed for the accomplishment of these purposes.
6038
Section 125. Section 372.9905, Florida Statutes, is
6039
renumbered as section 379.342, Florida Statutes, and amended to
6040
read:
6041
379.342 372.9905 Applicability of ss. 379.339, 379.340,
6043
372.9904.--The provisions of ss. 379.339, 379.340, 379.404, and
6045
seizure and forfeiture of animals or of vehicles, vessels, or
6046
other transportation devices do not vitiate any valid lien,
6047
retain title contract, or chattel mortgage on such animals or
6048
vehicles, vessels, or other transportation devices if such lien,
6049
retain title contract, or chattel mortgage is properly of public
6050
record at the time of the seizure.
6051
Section 126. Section 372.0715, Florida Statutes, is
6052
renumbered as section 379.343, Florida Statutes, to read:
6053
379.343 372.0715 Rewards.--The Fish and Wildlife
6054
Conservation Commission is authorized to offer rewards in amounts
6055
of up to $500 to any person furnishing information leading to the
6056
arrest and conviction of any person who has inflicted or
6057
attempted to inflict bodily injury upon any wildlife officer
6058
engaged in the enforcement of the provisions of this chapter or
6059
the rules and regulations of the Fish and Wildlife Conservation
6060
Commission.
6061
Section 127. Part VI of chapter 379, Florida Statutes,
6062
consisting of sections 379.350, 379.3501, 379.3502, 379.3503,
6063
379.3504, 379.3511, 379.3512, 379.352, 379.353, 379.354, 379.355,
6064
379.356, 379.357, 379.3581, 379.3582, and 379.3582, is created to
6065
read:
6066
PART VI
6067
LICENSES FOR RECREATIONAL ACTIVITIES
6068
6069
Section 128. Section 372.5711, Florida Statutes, is
6070
renumbered as section 379.35, Florida Statutes, to read:
6071
379.35 372.5711 Review of fees for licenses and permits;
6072
review of exemptions.--The fees for licenses and permits
6073
established under this chapter, and exemptions thereto, shall be
6074
reviewed by the Legislature during its regular session every 5
6075
years beginning in 2000.
6076
Section 129. Section 372.571, Florida Statutes, is
6077
renumbered as section 379.3501, Florida Statutes, and amended to
6078
read:
6079
379.3501 372.571 Expiration of licenses and permits.--Each
6080
license or permit issued under this part chapter must be dated
6081
when issued. Each license or permit issued under this part
6082
chapter remains valid for 12 months after the date of issuance,
6083
except for a lifetime license issued pursuant to s. 379.354
6084
372.57 which is valid from the date of issuance until the death
6085
of the individual to whom the license is issued unless otherwise
6086
revoked in accordance with s. 379.401 372.83 or s. 379.404
6088
which is valid for 5 consecutive years from the date of purchase
6089
unless otherwise revoked in accordance with s. 379.401 372.83 or
6090
s. 379.404 372.99, or a license issued pursuant to s.
6091
379.354(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.
6092
372.57(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.,
6093
which is valid for the period specified on the license. A
6094
resident lifetime license or a resident 5-year license that has
6095
been purchased by a resident of this state and who subsequently
6096
resides in another state shall be honored for activities
6097
authorized by that license.
6098
Section 130. Section 372.59, Florida Statutes, is
6099
renumbered as section 379.3502, Florida Statutes, and amended to
6100
read:
6101
379.3502 372.59 License and permit not transferable.--A
6102
person may not alter or change in any manner, or loan or transfer
6103
to another, unless otherwise provided, any license or permit
6104
issued pursuant to the provisions of this chapter, nor may any
6105
other person, other than the person to whom it is issued, use the
6106
same.
6107
Section 131. Section 372.58, Florida Statutes, is
6108
renumbered as section 379.3503, Florida Statutes, and amended to
6109
read:
6110
379.3503 372.58 False statement in application for license
6111
or permit.--Any person who swears or affirms to any false
6112
statement in any application for license or permit provided by
6113
this chapter, is guilty of violating this chapter, and shall be
6114
subject to the penalty provided in s. 379.401 372.83, and any
6115
false statement contained in any application for such license or
6116
permit renders the license or permit void.
6117
Section 132. Section 372.581, Florida Statutes, is
6118
renumbered as section 379.3504, Florida Statutes, and amended to
6119
read:
6120
379.3504 372.581 Entering false information on licenses or
6121
permits.--Whoever knowingly and willfully enters false
6122
information on, or allows or causes false information to be
6123
entered on or shown upon any license or permit issued under the
6124
provisions of this chapter in order to avoid prosecution or to
6125
assist another to avoid prosecution, or for any other wrongful
6126
purpose shall be punished as provided in s. 379.401 372.83.
6127
Section 133. Section 372.574, Florida Statutes, is
6128
renumbered as section 379.3511, Florida Statutes, and amended to
6129
read:
6130
379.3511 372.574 Appointment of subagents for the sale of
6131
hunting, fishing, and trapping licenses and permits.--
6132
(1) Subagents shall serve at the pleasure of the
6133
commission. The commission may establish, by rule, procedures for
6134
the selection and appointment of subagents. The following are
6135
requirements for subagents so appointed:
6136
(a) The commission may require each subagent to post an
6137
appropriate bond as determined by the commission, using an
6138
insurance company acceptable to the commission. In lieu of the
6139
bond, the commission may purchase blanket bonds covering all or
6140
selected subagents or may allow a subagent to post other security
6141
as required by the commission.
6142
(b) A subagent may sell licenses and permits as authorized
6143
by the commission at specific locations within the county and in
6144
states as will best serve the public interest and convenience in
6145
obtaining licenses and permits. The commission may prohibit
6146
subagents from selling certain licenses or permits.
6147
(c) It is unlawful for any person to handle licenses or
6148
permits for a fee or compensation of any kind unless he or she
6149
has been appointed as a subagent.
6150
(d) Any person who willfully violates any of the provisions
6151
of this section commits a misdemeanor of the second degree,
6153
(e) A subagent may charge and receive as his or her
6154
compensation 50 cents for each license or permit sold. This
6155
charge is in addition to the sum required by law to be collected
6156
for the sale and issuance of each license or permit.
6157
(f) A subagent shall submit payment for and report the sale
6158
of licenses and permits to the commission as prescribed by the
6159
commission.
6160
(2) The Fish and Wildlife Conservation Commission or any
6161
other law enforcement agency may carry out any investigation
6162
necessary to secure information required to carry out and enforce
6163
this section.
6164
(3) All social security numbers that are provided pursuant
6166
in records of any subagent appointed under this section are
6167
confidential as provided in those sections.
6168
Section 134. Section 372.551, Florida Statutes, is
6169
renumbered as section 379.3512, Florida Statutes, to read:
6170
379.3512 372.551 Competitive bidding for certain sale of
6171
licenses and permits and the issuance of authorization
6172
numbers.--The commission is authorized to establish the
6173
following, using competitive bidding procedures:
6174
(1) A process and a vendor fee for the sale of licenses and
6175
permits, and the issuance of authorization numbers, over the
6176
telephone.
6177
(2) A process and a vendor fee for the electronic sale of
6178
licenses and permits and for the electronic issuance of
6179
authorization numbers.
6180
Section 135. Section 372.561, Florida Statutes, is
6181
renumbered as section 379.352, Florida Statutes, and amended to
6182
read:
6183
379.352 372.561 Recreational licenses, permits, and
6184
authorization numbers to take wild animal life, freshwater
6185
aquatic life, and marine life; issuance; costs; reporting.--
6186
(1) This section applies to all recreational licenses and
6187
permits and to any authorization numbers issued by the commission
6188
for the use of such recreational licenses or permits.
6189
(2) The commission shall establish forms for the issuance
6190
of recreational licenses and permits.
6191
(3) The commission shall issue a license, permit, or
6192
authorization number to take wild animal life, freshwater aquatic
6193
life, or marine life when an applicant provides proof that she or
6194
he is entitled to such license, permit, or authorization number.
6195
Each applicant for a recreational license, permit, or
6196
authorization number shall provide her or his social security
6197
number on the application form. Disclosure of social security
6198
numbers obtained through this requirement shall be limited to the
6199
purposes of administration of the Title IV-D program for child
6200
support enforcement, use by the commission, and as otherwise
6201
provided by law.
6202
(4) Licenses and permits to take wild animal life,
6203
freshwater aquatic life, or marine life may be sold by the
6204
commission, by any tax collector in the state, or by any subagent
6205
authorized under s. 379.3511 372.574.
6206
(5) In addition to any license or permit fee, the sum of
6207
$1.50 shall be charged for each license or management area
6208
permit, except for replacement licenses, to cover the cost of
6209
issuing such license or permit.
6210
(6)(a) The fee established pursuant to subsection (5) shall
6211
be distributed as follows:
6212
1. For each hunting license and freshwater fishing license
6213
sold by a tax collector, including the combination freshwater
6214
fishing and hunting license, the sportsman's license, and the
6215
gold sportsman's license, a tax collector may retain $1.00.
6216
2. For each management area permit sold by a tax collector,
6217
a tax collector may retain $1.00.
6218
3. For each saltwater fishing tag and saltwater fishing
6219
license sold by a tax collector, including the combination
6220
saltwater fishing and freshwater fishing license and the
6221
combination saltwater fishing, freshwater fishing, and hunting
6222
license, a tax collector may retain $1.50.
6223
4. For licenses and management area permits sold by
6224
subagents, a tax collector may retain 50 cents for each license
6225
sold in the tax collector's county.
6226
5. Any and all remaining fees shall be deposited in the
6227
State Game Trust Fund and shall be used to support an automated
6228
license system and administration of the license program.
6229
(b) Tax collectors shall remit license and permit revenue
6230
to the commission weekly.
6231
(7)(a) The sum of $10 shall be charged for each replacement
6232
lifetime license and $2 for all other replacement licenses and
6233
permits. A tax collector may retain $1.00 for each replacement
6234
license.
6235
(b) Fees collected from the issuance of replacement
6236
licenses shall be deposited in the State Game Trust Fund.
6237
(8) At each location where hunting, fishing, or trapping
6238
licenses or permits are sold, voter registration applications
6239
shall be displayed and made available to the public. Subagents
6240
shall ask each person who applies for a hunting, fishing, or
6241
trapping license or permit if he or she would like a voter
6242
registration application and may provide such application to the
6243
license or permit applicant but shall not assist such persons
6244
with voter registration applications or collect complete or
6245
incomplete voter registration applications.
6246
(9) Except as provided in subsections (8) and (12), each
6247
person who applies for a hunting, fishing, or trapping license or
6248
permit shall be asked if he or she would like the appropriate
6249
supervisor of elections to provide a voter registration
6250
application to the applicant at a later date. If at the time a
6251
license is purchased the applicant indicates that he or she would
6252
like to receive a voter registration application, the commission
6253
shall, within 7 days, make the request available to the
6254
appropriate supervisor of elections or voter registration agency
6255
so that an application may be sent to the applicant. Supervisors
6256
of elections shall mail an application to each person requesting
6257
such application within 5 business days after receipt of the
6258
request.
6259
(10) The commission may satisfy the requirements of
6260
subsection (9) by providing access to an Internet site with the
6261
voter registration information included thereon.
6262
(11) When acting in its official capacity pursuant to this
6263
section, neither the commission nor a subagent is deemed a third-
6264
party registration organization, as defined in s. 97.021(36), or
6265
a voter registration agency, as defined in s. 97.021(40), and is
6266
not authorized to solicit, accept, or collect voter registration
6267
applications or provide voter registration services.
6268
(12) Each person who applies for a hunting, fishing, or
6269
trapping license or permit on the Internet shall be provided a
6270
link to the Department of State's online uniform statewide voter
6271
registration application.
6272
(13) The commission, any tax collector in this state, or
6273
any subagent authorized to sell licenses and permits under s.
6274
379.3511 372.574 may request and collect donations when selling a
6275
recreational license or permit authorized under s. 379.354
6276
372.57. All donations collected under this subsection shall be
6277
deposited into the State Game Trust Fund to be used solely for
6278
the purpose of enhancing youth hunting and youth freshwater and
6279
saltwater fishing programs. By January 1, the commission shall
6280
provide a complete and detailed annual report on the status of
6281
its youth programs and activities performed under this subsection
6282
to the Governor, the President of the Senate, and the Speaker of
6283
the House of Representatives.
6284
(14) The commission is authorized to adopt rules pursuant
6286
section.
6287
Section 136. Section 372.562, Florida Statutes, is
6288
renumbered as section 379.353, Florida Statutes, and amended to
6289
read:
6290
379.353 372.562 Recreational licenses and permits;
6291
exemptions from fees and requirements.--
6292
(1) Hunting, freshwater fishing, and saltwater fishing
6293
licenses and permits shall be issued without fee to any resident
6294
who is certified or determined:
6295
(a) To be totally and permanently disabled for purposes of
6296
workers' compensation under chapter 440 as verified by an order
6297
of a judge of compensation claims or written confirmation by the
6298
carrier providing workers' compensation benefits, or to be
6299
totally and permanently disabled by the Railroad Retirement
6300
Board, by the United States Department of Veterans Affairs or its
6301
predecessor, or by any branch of the United States Armed Forces,
6302
or who holds a valid identification card issued under the
6303
provisions of s. 295.17, upon proof of same. Any license issued
6304
under this paragraph after January 1, 1997, expires after 5 years
6305
and must be reissued, upon request, every 5 years thereafter.
6306
(b) To be disabled by the United States Social Security
6307
Administration, upon proof of same. Any license issued under this
6308
paragraph after October 1, 1999, expires after 2 years and must
6309
be reissued, upon proof of certification of disability, every 2
6310
years thereafter.
6311
6312
A disability license issued after July 1, 1997, and before July
6313
1, 2000, retains the rights vested thereunder until the license
6314
has expired.
6315
(2) A hunting, freshwater fishing, or saltwater fishing
6316
license or permit is not required for:
6317
(a) Any child under 16 years of age, except as otherwise
6318
provided in this part chapter.
6319
(b) Any person hunting or freshwater fishing on her or his
6320
homestead property, or on the homestead property of the person's
6321
spouse or minor child; or any minor child hunting or freshwater
6322
fishing on the homestead property of her or his parent.
6323
(c) Any resident who is a member of the United States Armed
6324
Forces and not stationed in this state, when home on leave for 30
6325
days or less, upon submission of orders.
6326
(d) Any resident freshwater fishing for recreational
6327
purposes only, within her or his county of residence with live or
6328
natural bait, using poles or lines not equipped with a fishing
6329
line retrieval mechanism. This exemption does not apply to
6330
residents fishing in a legally established fish management area.
6331
(e) Any person freshwater fishing in a fish pond of 20
6332
acres or less that is located entirely within the private
6333
property of the fish pond owner.
6334
(f) Any person freshwater fishing in a fish pond that is
6335
licensed in accordance with s. 379.356 372.5705.
6336
(g) Any person fishing who has been accepted as a client
6337
for developmental disabilities services by the Department of
6338
Children and Family Services, provided the department furnishes
6339
proof thereof.
6340
(h) Any resident saltwater fishing from land or from a
6341
structure fixed to the land.
6342
(i) Any person saltwater fishing from a vessel licensed
6343
pursuant to s. 379.354(7) 372.57(7).
6344
(j) Any person saltwater fishing from a vessel the operator
6345
of which is licensed pursuant to s. 379.354(7) 372.57(7).
6346
(k) Any person saltwater fishing who holds a valid
6347
saltwater products license issued under s. 379.361(2) 370.06(2).
6348
(l) Any person saltwater fishing for recreational purposes
6349
from a pier licensed under s. 379.354 372.57.
6350
(m) Any resident fishing for a saltwater species in fresh
6351
water from land or from a structure fixed to land.
6352
(n) Any resident fishing for mullet in fresh water who has
6353
a valid Florida freshwater fishing license.
6354
(o) Any resident 65 years of age or older who has in her or
6355
his possession proof of age and residency. A no-cost license
6356
under this paragraph may be obtained from any tax collector's
6357
office upon proof of age and residency and must be in the
6358
possession of the resident during hunting, freshwater fishing,
6359
and saltwater fishing activities.
6360
(p) Any employee of the commission who takes freshwater
6361
fish, saltwater fish, or game as part of employment with the
6362
commission, or any other person authorized by commission permit
6363
to take freshwater fish, saltwater fish, or game for scientific
6364
or educational purposes.
6365
(q) Any resident recreationally freshwater fishing who
6366
holds a valid commercial fishing license issued under s.
6367
379.3625(1)(a) 372.65(1)(a).
6368
Section 137. Section 372.57, Florida Statutes, is
6369
renumbered as section 379.354, Florida Statutes, and amended to
6370
read:
6371
379.354 372.57 Recreational licenses, permits, and
6372
authorization numbers; fees established.--
6373
(1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER
6374
REQUIRED.--Except as provided in s. 379.353 372.562, no person
6375
shall take game, freshwater or saltwater fish, or fur-bearing
6376
animals within this state without having first obtained a
6377
license, permit, or authorization number and paid the fees set
6378
forth in this chapter. Such license, permit, or authorization
6379
number shall authorize the person to whom it is issued to take
6380
game, freshwater or saltwater fish, or fur-bearing animals, and
6381
participate in outdoor recreational activities in accordance with
6382
the laws of the state and rules of the commission.
6383
(2) NONTRANSFERABILITY; INFORMATION AND DOCUMENTATION.--
6384
(a) Licenses, permits, and authorization numbers issued
6385
under this part chapter are not transferable. Each license and
6386
permit must bear on its face in indelible ink the name of the
6387
person to whom it is issued and other information as deemed
6388
necessary by the commission. Licenses issued to the owner,
6389
operator, or custodian of a vessel that directly or indirectly
6390
collects fees for taking or attempting to take or possess
6391
saltwater fish for noncommercial purposes must include the vessel
6392
registration number or federal documentation number.
6393
(b) The lifetime licenses and 5-year licenses authorized in
6394
this section shall be embossed with the name, date of birth, date
6395
of issuance, and other pertinent information as deemed necessary
6396
by the commission. A certified copy of the applicant's birth
6397
certificate shall accompany each application for a lifetime
6398
license for a resident 12 years of age or younger.
6399
(c) A positive form of identification is required when
6400
using a free license, a lifetime license, a 5-year license, or an
6401
authorization number issued under this chapter, or when otherwise
6402
required by a license or permit.
6403
(3) PERSONAL POSSESSION REQUIRED.--Each license, permit, or
6404
authorization number must be in the personal possession of the
6405
person to whom it is issued while such person is taking,
6406
attempting to take, or possessing game, freshwater or saltwater
6407
fish, or fur-bearing animals. Any person taking, attempting to
6408
take, or possessing game, freshwater or saltwater fish, or fur-
6409
bearing animals who fails to produce a license, permit, or
6410
authorization number at the request of a commission law
6411
enforcement officer commits a violation of the law.
6412
(4) RESIDENT HUNTING AND FISHING LICENSES.--The licenses
6413
and fees for residents participating in hunting and fishing
6414
activities in this state are as follows:
6415
(a) Annual freshwater fishing license, $15.50.
6416
(b) Annual saltwater fishing license, $15.50.
6417
(c) Annual hunting license to take game, $15.50.
6418
(d) Annual combination hunting and freshwater fishing
6419
license, $31.
6420
(e) Annual combination freshwater fishing and saltwater
6421
fishing license, $31.
6422
(f) Annual combination hunting, freshwater fishing, and
6423
saltwater fishing license, $46.50.
6424
(g) Annual license to take fur-bearing animals, $25.
6425
However, a resident with a valid hunting license or a no-cost
6426
license who is taking fur-bearing animals for noncommercial
6427
purposes using guns or dogs only, and not traps or other devices,
6428
is not required to purchase this license. Also, a resident 65
6429
years of age or older is not required to purchase this license.
6430
(h) Annual sportsman's license, $79, except that an annual
6431
sportsman's license for a resident 64 years of age or older is
6432
$12. A sportsman's license authorizes the person to whom it is
6433
issued to take game and freshwater fish, subject to the state and
6434
federal laws, rules, and regulations, including rules of the
6435
commission, in effect at the time of the taking. Other authorized
6436
activities include activities authorized by a management area
6437
permit, a muzzle-loading gun season permit, a crossbow season
6438
permit, a turkey permit, a Florida waterfowl permit, and an
6439
archery season permit.
6440
(i) Annual gold sportsman's license, $98.50. The gold
6441
sportsman's license authorizes the person to whom it is issued to
6442
take freshwater fish, saltwater fish, and game, subject to the
6443
state and federal laws, rules, and regulations, including rules
6444
of the commission, in effect at the time of taking. Other
6445
authorized activities include activities authorized by a
6446
management area permit, a muzzle-loading gun season permit, a
6447
crossbow season permit, a turkey permit, a Florida waterfowl
6448
permit, an archery season permit, a snook permit, and a spiny
6449
lobster permit.
6450
(j) Annual military gold sportsman's license, $18.50. The
6451
gold sportsman's license authorizes the person to whom it is
6452
issued to take freshwater fish, saltwater fish, and game, subject
6453
to the state and federal laws, rules, and regulations, including
6454
rules of the commission, in effect at the time of taking. Other
6455
authorized activities include activities authorized by a
6456
management area permit, a muzzle-loading gun season permit, a
6457
crossbow season permit, a turkey permit, a Florida waterfowl
6458
permit, an archery season permit, a snook permit, and a spiny
6459
lobster permit. Any resident who is an active or retired member
6460
of the United States Armed Forces, the United States Armed Forces
6461
Reserve, the National Guard, the United States Coast Guard, or
6462
the United States Coast Guard Reserve is eligible to purchase the
6463
military gold sportsman's license upon submission of a current
6464
military identification card.
6465
(5) NONRESIDENT HUNTING AND FISHING LICENSES.--The licenses
6466
and fees for nonresidents participating in hunting and fishing
6467
activities in the state are as follows:
6468
(a) Freshwater fishing license to take freshwater fish for
6469
3 consecutive days, $15.50.
6470
(b) Freshwater fishing license to take freshwater fish for
6471
7 consecutive days, $28.50.
6472
(c) Saltwater fishing license to take saltwater fish for 3
6473
consecutive days, $15.50.
6474
(d) Saltwater fishing license to take saltwater fish for 7
6475
consecutive days, $28.50.
6476
(e) Annual freshwater fishing license, $45.50.
6477
(f) Annual saltwater fishing license, $45.50.
6478
(g) Hunting license to take game for 10 consecutive days,
6479
$45.
6480
(h) Annual hunting license to take game, $150.
6481
(i) Annual license to take fur-bearing animals, $25.
6482
However, a nonresident with a valid Florida hunting license who
6483
is taking fur-bearing animals for noncommercial purposes using
6484
guns or dogs only, and not traps or other devices, is not
6485
required to purchase this license.
6486
(6) PIER LICENSE.--A pier license for any pier fixed to
6487
land for the purpose of taking or attempting to take saltwater
6488
fish is $500 per year. The pier license may be purchased at the
6489
option of the owner, operator, or custodian of such pier and must
6490
be available for inspection at all times.
6491
(7) VESSEL LICENSES.--
6492
(a) No person may operate any vessel wherein a fee is paid,
6493
either directly or indirectly, for the purpose of taking,
6494
attempting to take, or possessing any saltwater fish for
6495
noncommercial purposes unless she or he has obtained a license
6496
for each vessel for that purpose, and has paid the license fee
6497
pursuant to paragraphs (b) and (c) for such vessel.
6498
(b) A license for any person who operates any vessel
6499
licensed to carry more than 10 customers, wherein a fee is paid,
6500
either directly or indirectly, for the purpose of taking or
6501
attempting to take saltwater fish, is $800 per year. The license
6502
must be kept aboard the vessel at all times.
6503
(c)1. A license for any person who operates any vessel
6504
licensed to carry no more than 10 customers, or for any person
6505
licensed to operate any vessel carrying 6 or fewer customers,
6506
wherein a fee is paid, either directly or indirectly, for the
6507
purpose of taking or attempting to take saltwater fish, is $400
6508
per year.
6509
2. A license for any person licensed to operate any vessel
6510
carrying 6 or fewer customers but who operates a vessel carrying
6511
4 or fewer customers, wherein a fee is paid, either directly or
6512
indirectly, for the purpose of taking or attempting to take
6513
saltwater fish, is $200 per year. The license must be kept aboard
6514
the vessel at all times.
6515
3. A person who operates a vessel required to be licensed
6516
pursuant to paragraph (b) or this paragraph may obtain a license
6517
in her or his own name, and such license shall be transferable
6518
and apply to any vessel operated by the purchaser, provided that
6519
the purchaser has paid the appropriate license fee.
6520
(d) A license for a recreational vessel not for hire and
6521
for which no fee is paid, either directly or indirectly, by
6522
guests for the purpose of taking or attempting to take saltwater
6523
fish noncommercially is $2,000 per year. The license may be
6524
purchased at the option of the vessel owner and must be kept
6525
aboard the vessel at all times. A log of species taken and the
6526
date the species were taken shall be maintained and a copy of the
6527
log filed with the commission at the time of renewal of the
6528
license.
6529
(e) The owner, operator, or custodian of a vessel the
6530
operator of which has been licensed pursuant to paragraph (a)
6531
must maintain and report such statistical data as required by,
6532
and in a manner set forth in, the rules of the commission.
6533
(8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
6534
PERMITS.--In addition to any license required under this chapter,
6535
the following permits and fees for specified hunting, fishing,
6536
and recreational uses and activities are required:
6537
(a) An annual Florida waterfowl permit for a resident or
6538
nonresident to take wild ducks or geese within the state or its
6539
coastal waters is $3.
6540
(b)1. An annual Florida turkey permit for a resident to
6541
take wild turkeys within the state is $5.
6542
2. An annual Florida turkey permit for a nonresident to
6543
take wild turkeys within the state is $100.
6544
(c) An annual snook permit for a resident or nonresident to
6545
take or possess any snook from any waters of the state is $2.
6546
Revenue generated from the sale of snook permits shall be used
6547
exclusively for programs to benefit the snook population.
6548
(d) An annual spiny lobster permit for a resident or
6549
nonresident to take or possess any spiny lobster for recreational
6550
purposes from any waters of the state is $2. Revenue generated
6551
from the sale of spiny lobster permits shall be used exclusively
6552
for programs to benefit the spiny lobster population.
6553
(e) A $5 fee is imposed for each of the following permits:
6554
1. An annual archery season permit for a resident or
6555
nonresident to hunt within the state during any archery season
6556
authorized by the commission.
6557
2. An annual crossbow season permit for a resident or
6558
nonresident to hunt within the state during any crossbow season
6559
authorized by the commission.
6560
3. An annual muzzle-loading gun season permit for a
6561
resident or nonresident to hunt within the state during any
6562
muzzle-loading gun season authorized by the commission.
6563
(f) A special use permit for a resident or nonresident to
6564
participate in limited entry hunting or fishing activities as
6565
authorized by commission rule shall not exceed $100 per day or
6566
$250 per week. Notwithstanding any other provision of this
6567
chapter, there are no exclusions, exceptions, or exemptions from
6568
this permit fee. In addition to the permit fee, the commission
6569
may charge each special use permit applicant a nonrefundable
6570
application fee not to exceed $10.
6571
(g)1. A management area permit for a resident or
6572
nonresident to hunt on, fish on, or otherwise use for outdoor
6573
recreational purposes land owned, leased, or managed by the
6574
commission, or by the state for the use and benefit of the
6575
commission, shall not exceed $25 per year.
6576
2. Permit fees for short-term use of land that is owned,
6577
leased, or managed by the commission may be established by rule
6578
of the commission for activities on such lands. Such permits may
6579
be in lieu of, or in addition to, the annual management area
6580
permit authorized in subparagraph 1.
6581
3. Other than for hunting or fishing, the provisions of
6582
this paragraph shall not apply on any lands not owned by the
6583
commission, unless the commission has obtained the written
6584
consent of the owner or primary custodian of such lands.
6585
(h)1. A recreational user permit is required to hunt on,
6586
fish on, or otherwise use for outdoor recreational purposes land
6587
leased by the commission from private nongovernmental owners,
6588
except for those lands located directly north of the Apalachicola
6589
National Forest, east of the Ochlocknee River until the point the
6590
river meets the dam forming Lake Talquin, and south of the
6591
closest federal highway. The fee for a recreational user permit
6592
shall be based upon the economic compensation desired by the
6593
landowner, game population levels, desired hunter density, and
6594
administrative costs. The permit fee shall be set by commission
6595
rule on a per-acre basis. The recreational user permit fee, less
6596
administrative costs of up to $25 per permit, shall be remitted
6597
to the landowner as provided in the lease agreement for each
6598
area.
6599
2. One minor dependent under 16 years of age may hunt under
6600
the supervision of the permittee and is exempt from the
6601
recreational user permit requirements. The spouse and dependent
6602
children of a permittee are exempt from the recreational user
6603
permit requirements when engaged in outdoor recreational
6604
activities other than hunting and when accompanied by a
6605
permittee. Notwithstanding any other provision of this chapter,
6606
no other exclusions, exceptions, or exemptions from the
6607
recreational user permit fee are authorized.
6608
(9) RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--
6609
(a) Five-year licenses are available for residents only, as
6610
follows:
6611
1. A 5-year freshwater fishing or saltwater fishing license
6612
is $77.50 for each type of license and authorizes the person to
6613
whom the license is issued to take or attempt to take or possess
6614
freshwater fish or saltwater fish consistent with the state and
6615
federal laws and regulations and rules of the commission in
6616
effect at the time of taking.
6617
2. A 5-year hunting license is $77.50 and authorizes the
6618
person to whom it is issued to take or attempt to take or possess
6619
game consistent with the state and federal laws and regulations
6620
and rules of the commission in effect at the time of taking.
6621
3. The commission is authorized to sell the hunting,
6622
fishing, and recreational activity permits authorized in
6623
subsection (8) for a 5-year period to match the purchase of 5-
6624
year fishing and hunting licenses. The fee for each permit issued
6625
under this paragraph shall be five times the annual cost
6626
established in subsection (8).
6627
(b) Proceeds from the sale of all 5-year licenses and
6628
permits shall be deposited into the Dedicated License Trust Fund,
6629
to be distributed in accordance with the provisions of s. 379.203
6630
6631
(10) RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING
6632
LICENSES.--
6633
(a) Lifetime freshwater fishing licenses or saltwater
6634
fishing licenses are available for residents only, as follows,
6635
for:
6636
1. Persons 4 years of age or younger, for a fee of $125.
6637
2. Persons 5 years of age or older, but under 13 years of
6638
age, for a fee of $225.
6639
3. Persons 13 years of age or older, for a fee of $300.
6640
(b) The following activities are authorized by the purchase
6641
of a lifetime freshwater fishing license:
6642
1. Taking, or attempting to take or possess, freshwater
6643
fish consistent with the state and federal laws and regulations
6644
and rules of the commission in effect at the time of the taking.
6645
2. All activities authorized by a management area permit,
6646
excluding hunting.
6647
(c) The following activities are authorized by the purchase
6648
of a lifetime saltwater fishing license:
6649
1. Taking, or attempting to take or possess, saltwater fish
6650
consistent with the state and federal laws and regulations and
6651
rules of the commission in effect at the time of the taking.
6652
2. All activities authorized by a snook permit and a spiny
6653
lobster permit.
6654
3. All activities for which an additional license, permit,
6655
or fee is required to take or attempt to take or possess
6656
saltwater fish, which additional license, permit, or fee was
6657
imposed subsequent to the date of the purchase of the lifetime
6658
saltwater fishing license.
6659
(11) RESIDENT LIFETIME HUNTING LICENSES.--
6660
(a) Lifetime hunting licenses are available to residents
6661
only, as follows, for:
6662
1. Persons 4 years of age or younger, for a fee of $200.
6663
2. Persons 5 years of age or older, but under 13 years of
6664
age, for a fee of $350.
6665
3. Persons 13 years of age or older, for a fee of $500.
6666
(b) The following activities are authorized by the purchase
6667
of a lifetime hunting license:
6668
1. Taking, or attempting to take or possess, game
6669
consistent with the state and federal laws and regulations and
6670
rules of the commission in effect at the time of the taking.
6671
2. All activities authorized by a muzzle-loading gun season
6672
permit, a crossbow season permit, a turkey permit, an archery
6673
season permit, a Florida waterfowl permit, and a management area
6674
permit, excluding fishing.
6675
(12) RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
6676
(a) Lifetime sportsman's licenses are available to
6677
residents only, as follows, for:
6678
1. Persons 4 years of age or younger, for a fee of $400.
6679
2. Persons 5 years of age or older, but under 13 years of
6680
age, for a fee of $700.
6681
3. Persons 13 years of age or older, for a fee of $1,000.
6682
(b) The following activities are authorized by the purchase
6683
of a lifetime sportsman's license:
6684
1. Taking, or attempting to take or possess, freshwater and
6685
saltwater fish, and game, consistent with the state and federal
6686
laws and regulations and rules of the commission in effect at the
6687
time of taking.
6688
2. All activities authorized by a management area permit, a
6689
muzzle-loading gun season permit, a crossbow season permit, a
6690
turkey permit, an archery season permit, a Florida waterfowl
6691
permit, a snook permit, and a spiny lobster permit.
6692
(13) PROCEEDS FROM THE SALE OF LIFETIME LICENSES.--The
6693
proceeds from the sale of all lifetime licenses authorized in
6694
this section shall be deposited into the Lifetime Fish and
6695
Wildlife Trust Fund, to be distributed as provided in s. 379.207
6696
6697
(14) RECIPROCAL FEE AGREEMENTS.--The commission is
6698
authorized to reduce the fees for licenses and permits under this
6699
section for residents of those states with which the commission
6700
has entered into reciprocal agreements with respect to such fees.
6701
(15) FREE FISHING DAYS.--The commission may designate by
6702
rule no more than 2 consecutive or nonconsecutive days in each
6703
year as free freshwater fishing days and no more than 2
6704
consecutive or nonconsecutive days in each year as free saltwater
6705
fishing days. Notwithstanding any other provision of this
6706
chapter, any person may take freshwater fish for noncommercial
6707
purposes on a free freshwater fishing day and may take saltwater
6708
fish for noncommercial purposes on a free saltwater fishing day,
6709
without obtaining or possessing a license or permit or paying a
6710
license or permit fee as prescribed in this section. A person who
6711
takes freshwater or saltwater fish on a free fishing day must
6712
comply with all laws, rules, and regulations governing the
6713
holders of a fishing license or permit and all other conditions
6714
and limitations regulating the taking of freshwater or saltwater
6715
fish as are imposed by law or rule.
6716
(16) PROHIBITED LICENSES OR PERMITS.--A person may not
6717
make, forge, counterfeit, or reproduce a license or permit
6718
required under this section, except for those persons authorized
6719
by the commission to make or reproduce such a license or permit.
6720
A person may not knowingly possess a forgery, counterfeit, or
6721
unauthorized reproduction of such a license or permit. A person
6722
who violates this subsection commits a Level Four violation under
6723
s. 379.401 372.83.
6724
(17) SUSPENDED OR REVOKED LICENSES.--A person may not take
6725
game, freshwater fish, saltwater fish, or fur-bearing animals
6726
within this state if a license issued to such person as required
6727
under this section or a privilege granted to such person under s.
6728
379.353 372.562 is suspended or revoked. A person who violates
6729
this subsection commits a Level Three violation under s. 379.401
6730
6731
Section 138. Section 370.063, Florida Statutes, is
6732
renumbered as section 379.355, Florida Statutes, and amended to
6733
read:
6734
379.355 370.063 Special recreational spiny lobster
6735
license.--There is created a special recreational spiny lobster
6736
license, to be issued to qualified persons as provided by this
6737
section for the recreational harvest of spiny lobster beginning
6738
August 5, 1994.
6739
(1) The special recreational spiny lobster license shall be
6740
available to any individual spiny lobster trap number holder who
6741
also possesses a saltwater products license during the 1993-1994
6742
license year. A person issued a special recreational spiny
6743
lobster license may not also possess a trap number.
6744
(2) The special recreational spiny lobster license is
6745
required in order to harvest spiny lobster from state territorial
6746
waters in quantities in excess of the regular recreational bag
6747
limit but not in excess of a special bag limit as established by
6748
the Marine Fisheries Commission for these harvesters before the
6749
1994-1995 license year. Such special bag limit does not apply
6750
during the 2-day sport season established by the Fish and
6751
Wildlife Conservation Commission.
6752
(3) The holder of a special recreational spiny lobster
6753
license must also possess the recreational spiny lobster permit
6754
required by s. 379.354(8)(d) 372.57(8)(d).
6755
(4) As a condition precedent to the issuance of a special
6756
recreational spiny lobster license, the applicant must agree to
6757
file quarterly reports with the Fish and Wildlife Conservation
6758
Commission in such form as the commission requires, detailing the
6759
amount of the licenseholder's spiny lobster harvest in the
6760
previous quarter, including the harvest of other recreational
6761
harvesters aboard the licenseholder's vessel.
6762
(4)(5) The Fish and Wildlife Conservation Commission shall
6763
issue special recreational spiny lobster licenses. The fee for
6764
each such license is $100 per year. Each license issued in any
6765
license year must be renewed by June 30 of each subsequent year
6766
by the initial individual holder thereof. Noncompliance with the
6767
reporting requirement in subsection (4) or with the special
6768
recreational bag limit established under subsection (6)
6769
constitutes grounds for which the commission may refuse to renew
6770
the license for a subsequent license year. The number of such
6771
licenses outstanding in any one license year may not exceed the
6772
number issued for the 1994-1995 license year. A license is not
6773
transferable by any method. Licenses that are not renewed expire
6774
and may be reissued by the commission in the subsequent license
6775
year to new applicants otherwise qualified under this section.
6776
(6) To promote conservation of the spiny lobster resource,
6777
consistent with equitable distribution and availability of the
6778
resource, the commission shall establish a spiny lobster
6779
management plan incorporating the special recreational spiny
6780
lobster license, including, but not limited to, the establishment
6781
of a special recreational bag limit for the holders of such
6782
license as required by subsection (2). Such special recreational
6783
bag limit must not be less than twice the higher of the daily
6784
recreational bag limits.
6785
(5)(7) The proceeds of the fees collected under this
6786
section must be deposited in the Marine Resources Conservation
6787
Trust Fund and used as follows:
6788
(a) Thirty-five percent for research and the development of
6789
reliable recreational catch statistics for the spiny lobster
6790
fishery.
6791
(b) Twenty percent for administration of this section.
6792
(c) Forty-five percent to be used for enforcement of this
6793
section.
6794
(6)(8) Any person who violates this section commits a Level
6795
One violation under s. 379.401 372.83.
6796
Section 139. Section 372.5705, Florida Statutes, is
6797
renumbered as section 379.356, Florida Statutes, to read:
6798
379.356 372.5705 Fish pond license.--The owner of a fish
6799
pond of more than 20 acres which is located entirely within her
6800
or his property may obtain a license from the commission for such
6801
pond at a fee of $3 per surface acre, and no fishing license
6802
shall be required of any person fishing in such licensed pond.
6803
Section 140. Section 372.5704, Florida Statutes, is
6804
renumbered as section 379.357, Florida Statutes, and amended to
6805
read:
6806
379.357 372.5704 Fish and Wildlife Conservation Commission
6807
license program for tarpon; fees; penalties.--
6808
(1) The commission shall establish a license program for
6809
the purpose of issuing tags to individuals desiring to harvest
6810
tarpon (megalops atlantica) from the waters of the state. The
6811
tags shall be nontransferable, except that the commission may
6812
allow for a limited number of tags to be purchased by
6813
professional fishing guides for transfer to individuals, and
6814
issued by the commission in order of receipt of a properly
6815
completed application for a nonrefundable fee of $50 per tag. The
6816
commission and any tax collector may sell the tags and collect
6817
the fees therefor. Tarpon tags are valid from July 1 through June
6818
30. Before August 15 of each year, each tax collector shall
6819
submit to the commission all unissued tags for the previous
6820
fiscal year along with a written audit report, on forms
6821
prescribed or approved by the commission, as to the numbers of
6822
the unissued tags. To defray the cost of issuing any tag, the
6823
issuing tax collector shall collect and retain as his or her
6824
costs, in addition to the tag fee collected, the amount allowed
6825
under s. 379.352(6) 372.561(6) for the issuance of licenses.
6826
(2) The number of tags to be issued shall be determined by
6827
rule of the commission. The commission shall in no way allow the
6828
issuance of tarpon tags to adversely affect the tarpon
6829
population.
6830
(2)(3) Proceeds from the sale of tarpon tags shall be
6831
deposited in the Marine Resources Conservation Trust Fund and
6832
shall be used to gather information directly applicable to tarpon
6833
management.
6834
(3)(4) No individual shall take, kill, or possess any fish
6835
of the species megalops atlantica, commonly known as tarpon,
6836
unless such individual has purchased a tarpon tag and securely
6837
attached it through the lower jaw of the fish. Said individual
6838
shall within 5 days after the landing of the fish submit a form
6839
to the commission which indicates the length, weight, and
6840
physical condition of the tarpon when caught; the date and
6841
location of where the fish was caught; and any other pertinent
6842
information which may be required by the commission. The
6843
commission may refuse to issue new tags to individuals or guides
6844
who fail to provide the required information.
6845
(4)(5) Any individual including a taxidermist who possesses
6846
a tarpon which does not have a tag securely attached as required
6847
by this section commits a Level Two violation under s. 379.401
6848
372.83. Provided, however, a taxidermist may remove the tag
6849
during the process of mounting a tarpon. The removed tag shall
6850
remain with the fish during any subsequent storage or shipment.
6851
(5)(6) Purchase of a tarpon tag shall not accord the
6852
purchaser any right to harvest or possess tarpon in contravention
6853
of rules adopted by the commission. No individual may sell, offer
6854
for sale, barter, exchange for merchandise, transport for sale,
6855
either within or without the state, offer to purchase, or
6856
purchase any species of fish known as tarpon.
6857
(6)(7) The commission shall prescribe and provide suitable
6858
forms and tags necessary to carry out the provisions of this
6859
section.
6860
(7)(8) The provisions of this section shall not apply to
6861
anyone who immediately returns a tarpon uninjured to the water at
6862
the place where the fish was caught.
6863
Section 141. Section 372.5717, Florida Statutes, is
6864
renumbered as section 379.3581, Florida Statutes, and amended to
6865
read:
6866
379.3581 372.5717 Hunter safety course; requirements;
6867
penalty.--
6868
(1) This section may be cited as the Senator Joe Carlucci
6869
Hunter Safety Act.
6870
(2)(a) Except as provided in paragraph (b), a person born
6871
on or after June 1, 1975, may not be issued a license to take
6872
wild animal life with the use of a firearm, gun, bow, or crossbow
6873
in this state without having first successfully completed a
6874
hunter safety course as provided in this section, and without
6875
having in his or her personal possession a hunter safety
6876
certification card, as provided in this section.
6877
(b) A person born on or after June 1, 1975, who has not
6878
successfully completed a hunter safety course may apply to the
6879
commission for a special authorization to hunt under supervision.
6880
The special authorization for supervised hunting shall be
6881
designated on any license or permit required under this chapter
6882
for a person to take game or fur-bearing animals and shall be
6883
valid for not more than 1 year. A special authorization for
6884
supervised hunting may not be issued more than once to the person
6885
applying for such authorization. A person issued a license with a
6886
special authorization to hunt under supervision must hunt under
6887
the supervision of, and in the presence of, a person 21 years or
6888
age or older who is licensed to hunt pursuant to s. 379.354
6889
372.57 or who is exempt from licensing requirements or eligible
6890
for a free license pursuant to s. 379.353 372.562.
6891
(3) The Fish and Wildlife Conservation Commission shall
6892
institute and coordinate a statewide hunter safety course that
6893
must be offered in every county and consist of not more than 16
6894
hours of instruction including, but not limited to, instruction
6895
in the competent and safe handling of firearms, conservation, and
6896
hunting ethics.
6897
(4) The commission shall issue a permanent hunter safety
6898
certification card to each person who successfully completes the
6899
hunter safety course. The commission shall maintain records of
6900
hunter safety certification cards issued and shall establish
6901
procedures for replacing lost or destroyed cards.
6902
(5) A hunter safety certification card issued by a wildlife
6903
agency of another state, or any Canadian province, which shows
6904
that the holder of the card has successfully completed a hunter
6905
safety course approved by the commission is an acceptable
6906
substitute for the hunter safety certification card issued by the
6907
commission.
6908
(6) All persons subject to the requirements of subsection
6909
(2) must have in their personal possession proof of compliance
6910
with this section, while taking or attempting to take wildlife
6911
with the use of a firearm, gun, bow, or crossbow, and must,
6912
unless the requirement to complete a hunter safety course is
6913
deferred pursuant to this section, display a valid hunter safety
6914
certification card in order to purchase a Florida hunting
6915
license. After the issuance of such a license, the license itself
6916
shall serve as proof of compliance with this section. A holder of
6917
a lifetime license whose license does not indicate on the face of
6918
the license that a hunter safety course has been completed must
6919
have in his or her personal possession a hunter safety
6920
certification card, as provided by this section, while attempting
6921
to take wild animal life with the use of a firearm, gun, bow, or
6922
crossbow.
6923
(7) The hunter safety requirements of this section do not
6924
apply to persons for whom licenses are not required under s.
6925
379.353(2) 372.562(2).
6926
(8) A person who violates this section commits a Level One
6927
violation under s. 379.401 372.83.
6928
Section 142. Section 372.5718, Florida Statutes, is amended
6929
to read:
6930
379.3582 372.5718 Hunter safety course for juveniles.--The
6931
Fish and Wildlife Conservation Commission shall develop a hunter
6932
safety course for juveniles who are at least 5 years of age but
6933
less than 16 years of age. The course must include, but is not
6934
limited to, instruction in the competent and safe handling of
6935
firearms, conservation, and hunting ethics. The course must be
6936
appropriate for the ages of the students. The course is voluntary
6937
and must be offered in each county in the state at least
6938
annually. The course is in addition to, and not in lieu of, the
6939
hunter safety course prescribed in s. 379.3581 372.5717.
6940
Section 143. Part VII of chapter 379, Florida Statutes,
6941
consisting of sections 379.361, 379.362, 379.363, 379.3635,
6942
379.364, 379.365, 379.366, 379.367, 379.3671, 379.368, 379.369,
6943
379.3711, 379.3712, 379.372, 379.373, 379.374, 379.3751,
6944
379.3752, 379.3761, 379.3762, and 379.377, is created to read:
6945
PART VII
6946
NONRECREATIONAL LICENSES
6947
6948
Section 144. Section 370.06, Florida Statutes, is
6949
renumbered as section 379.361 Florida Statutes, and amended to
6950
read:
6951
379.361 370.06 Licenses.--
6952
(1) LICENSE ON PURSE SEINES.--There is levied, in addition
6953
to any other taxes thereon, an annual license tax of $25 upon
6954
each purse seine used in the waters of this state. This license
6955
fee shall be collected in the manner provided in this section.
6956
(2) SALTWATER PRODUCTS LICENSE.--
6957
(a) Every person, firm, or corporation that sells, offers
6958
for sale, barters, or exchanges for merchandise any saltwater
6959
products, or which harvests saltwater products with certain gear
6960
or equipment as specified by law, must have a valid saltwater
6961
products license, except that the holder of an aquaculture
6962
certificate under s. 597.004 is not required to purchase and
6963
possess a saltwater products license in order to possess,
6964
transport, or sell marine aquaculture products. Each saltwater
6965
products license allows the holder to engage in any of the
6966
activities for which the license is required. The license must be
6967
in the possession of the licenseholder or aboard the vessel and
6968
is subject to inspection at any time that harvesting activities
6969
for which a saltwater products license is required are being
6970
conducted.
6971
(b)1. A restricted species endorsement on the saltwater
6972
products license is required to sell to a licensed wholesale
6973
dealer those species which the state, by law or rule, has
6974
designated as "restricted species." This endorsement may be
6975
issued only to a person who is at least 16 years of age, or to a
6976
firm certifying that over 25 percent of its income or $5,000 of
6977
its income, whichever is less, is attributable to the sale of
6978
saltwater products pursuant to a saltwater products license
6979
issued under this paragraph or a similar license from another
6980
state. This endorsement may also be issued to a for-profit
6981
corporation if it certifies that at least $5,000 of its income is
6982
attributable to the sale of saltwater products pursuant to a
6983
saltwater products license issued under this paragraph or a
6984
similar license from another state. However, if at least 50
6985
percent of the annual income of a person, firm, or for-profit
6986
corporation is derived from charter fishing, the person, firm, or
6987
for-profit corporation must certify that at least $2,500 of the
6988
income of the person, firm, or corporation is attributable to the
6989
sale of saltwater products pursuant to a saltwater products
6990
license issued under this paragraph or a similar license from
6991
another state, in order to be issued the endorsement. Such income
6992
attribution must apply to at least 1 of the last 3 years. For the
6993
purpose of this section, "income" means that income that is
6994
attributable to work, employment, entrepreneurship, pensions,
6995
retirement benefits, and social security benefits.
6996
2. To renew an existing restricted species endorsement, a
6997
marine aquaculture producer possessing a valid saltwater products
6998
license with a restricted species endorsement may apply income
6999
from the sale of marine aquaculture products to licensed
7000
wholesale dealers.
7001
3. The commission is authorized to require verification of
7002
such income for all restricted species endorsements issued
7003
pursuant to this paragraph. Acceptable proof of income earned
7004
from the sale of saltwater products shall be:
7005
a. Copies of trip ticket records generated pursuant to this
7006
subsection (marine fisheries information system), documenting
7007
qualifying sale of saltwater products;
7008
b. Copies of sales records from locales other than Florida
7009
documenting qualifying sale of saltwater products;
7010
c. A copy of the applicable federal income tax return,
7011
including Form 1099 attachments, verifying income earned from the
7012
sale of saltwater products;
7013
d. Crew share statements verifying income earned from the
7014
sale of saltwater products; or
7015
e. A certified public accountant's notarized statement
7016
attesting to qualifying source and amount of income.
7017
7018
Notwithstanding any other provision of law, any person who owns a
7019
retail seafood market or restaurant at a fixed location for at
7020
least 3 years, who has had an occupational license for 3 years
7021
prior to January 1, 1990, who harvests saltwater products to
7022
supply his or her retail store, and who has had a saltwater
7023
products license for 1 of the past 3 license years prior to
7024
January 1, 1990, may provide proof of his or her verification of
7025
income and sales value at the person's retail seafood market or
7026
restaurant and in his or her saltwater products enterprise by
7027
affidavit and shall thereupon be issued a restricted species
7028
endorsement.
7029
4. Exceptions from income requirements shall be as follows:
7030
a. A permanent restricted species endorsement shall be
7031
available to those persons age 62 and older who have qualified
7032
for such endorsement for at least 3 of the last 5 years.
7033
b. Active military duty time shall be excluded from
7034
consideration of time necessary to qualify and shall not be
7035
counted against the applicant for purposes of qualifying.
7036
c. Upon the sale of a used commercial fishing vessel owned
7037
by a person, firm, or corporation possessing or eligible for a
7038
restricted species endorsement, the purchaser of such vessel
7039
shall be exempted from the qualifying income requirement for the
7040
purpose of obtaining a restricted species endorsement for a
7041
period of 1 year after purchase of the vessel.
7042
d. Upon the death or permanent disablement of a person
7043
possessing a restricted species endorsement, an immediate family
7044
member wishing to carry on the fishing operation shall be
7045
exempted from the qualifying income requirement for the purpose
7046
of obtaining a restricted species endorsement for a period of 1
7047
year after the death or disablement.
7048
e. A restricted species endorsement may be issued on an
7049
individual saltwater products license to a person age 62 or older
7050
who documents that at least $2,500 of such person's income is
7051
attributable to the sale of saltwater products.
7052
f. A permanent restricted species endorsement may also be
7053
issued on an individual saltwater products license to a person
7054
age 70 or older who has held a saltwater products license for at
7055
least 3 of the last 5 license years.
7056
g. Any resident who is certified to be totally and
7057
permanently disabled by the Railroad Retirement Board, by the
7058
United States Department of Veterans Affairs or its predecessor,
7059
or by any branch of the United States Armed Forces, or who holds
7060
a valid identification card issued by the Department of Veterans'
7061
Affairs pursuant to s. 295.17, upon proof of the same, or any
7062
resident certified to be disabled by the United States Social
7063
Security Administration or a licensed physician, upon proof of
7064
the same, shall be exempted from the income requirements if he or
7065
she also has held a saltwater products license for at least 3 of
7066
the last 5 license years prior to the date of the disability. A
7067
restricted species endorsement issued under this paragraph may be
7068
issued only on an individual saltwater products license.
7069
(c) At least one saltwater products license bearing a
7070
restricted species endorsement shall be aboard any vessel
7071
harvesting restricted species in excess of any bag limit or when
7072
fishing under a commercial quota or in commercial quantities, and
7073
such vessel shall have a commercial vessel registration. This
7074
subsection does not apply to any person, firm, or corporation
7075
licensed under s. 379.362(1)(a)1. or (b) 370.07(1)(a)1. or (b)
7076
for activities pursuant to such licenses.
7077
(d) A saltwater products license may be issued in the name
7078
of an individual or a valid commercial vessel registration
7079
number. However, a firm or corporation may only receive a license
7080
issued to a valid commercial vessel registration number. A
7081
saltwater products license may not be transferred by the
7082
licenseholder to another individual, firm, or corporation. A
7083
decal shall be issued with each saltwater products license issued
7084
to a valid commercial vessel registration number. The saltwater
7085
products license decal shall be the same color as the vessel
7086
registration decal issued each year pursuant to s. 328.48(5) and
7087
shall indicate the period of time such license is valid. The
7088
saltwater products license decal shall be placed beside the
7089
vessel registration decal and, in the case of an undocumented
7090
vessel, shall be placed so that the vessel registration decal
7091
lies between the commercial vessel registration number and the
7092
saltwater products license decal. Any saltwater products license
7093
decal for a previous year shall be removed from a vessel
7094
operating on the waters of the state.
7095
(e) The annual fee for a saltwater products license is:
7096
1. For a license issued in the name of an individual which
7097
authorizes only that individual to engage in commercial fishing
7098
activities from the shore or a vessel: a resident must pay $50; a
7099
nonresident must pay $200; or an alien must pay $300.
7100
2. For a license issued in the name of an individual which
7101
authorizes that named individual to engage in commercial fishing
7102
activities from the shore or a vessel and also authorizes each
7103
person who is fishing with the named individual aboard a vessel
7104
to engage in such activities: a resident must pay $150; a
7105
nonresident must pay $600; or an alien must pay $900.
7106
3. For a license issued to a valid commercial vessel
7107
registration number which authorizes each person aboard such
7108
registered vessel to engage in commercial fishing activities: a
7109
resident, or a resident firm or corporation, must pay $100; a
7110
nonresident, or a nonresident firm or corporation, must pay $400;
7111
or an alien, or an alien firm or corporation, must pay $600. For
7112
purposes of this subparagraph, a resident firm or corporation
7113
means a firm or corporation formed under the laws of this state;
7114
a nonresident firm or corporation means a firm or corporation
7115
formed under the laws of any state other than Florida; and an
7116
alien firm or corporation means a firm or corporation organized
7117
under any laws other than laws of the United States, any United
7118
States territory or possession, or any state of the United
7119
States.
7120
(f) Any person who sells saltwater products pursuant to a
7121
saltwater products license may sell only to a licensed wholesale
7122
dealer. A saltwater products license must be presented to the
7123
licensed wholesale dealer each time saltwater products are sold,
7124
and an imprint made thereof. The wholesale dealer shall keep
7125
records of each transaction in such detail as may be required by
7126
rule of the commission not in conflict with s. 379.362(6)
7127
370.07(6), and shall provide the holder of the saltwater products
7128
license with a copy of the record. It is unlawful for any
7129
licensed wholesale dealer to buy saltwater products from any
7130
unlicensed person under the provisions of this section, except
7131
that a licensed wholesale dealer may buy from another licensed
7132
wholesale dealer. It is unlawful for any licensed wholesale
7133
dealer to buy saltwater products designated as "restricted
7134
species" from any person, firm, or corporation not possessing a
7135
restricted species endorsement on his or her saltwater products
7136
license under the provisions of this section, except that a
7137
licensed wholesale dealer may buy from another licensed wholesale
7138
dealer. For purposes of this subsection, any saltwater products
7139
received by a wholesale dealer are presumed to have been
7140
purchased.
7141
(g) The commission shall be the licensing agency, may
7142
contract with private persons or entities to implement aspects of
7143
the licensing program, and shall establish by rule a marine
7144
fisheries information system in conjunction with the licensing
7145
program to gather fisheries data.
7146
(h) Any person who sells, offers for sale, barters, or
7147
exchanges for merchandise saltwater products must have a method
7148
of catch preservation which meets the requirements and standards
7149
of the seafood quality control code promulgated by the
7150
commission.
7151
(i) A saltwater products license is required to harvest
7152
commercial quantities of saltwater products. Any vessel from
7153
which commercial quantities of saltwater products are harvested
7154
must have a commercial vessel registration. Commercial quantities
7155
of saltwater products shall be defined as:
7156
1. With respect to those species for which no bag limit has
7157
been established, more than 100 pounds per person per day,
7158
provided that the harvesting of two fish or less per person per
7159
day shall not be considered commercial quantities regardless of
7160
aggregate weight; and
7161
2. With respect to those species for which a bag limit has
7162
been established, more than the bag limit allowed by law or rule.
7163
(j)1. In addition to the saltwater products license, a
7164
marine life fishing endorsement is required for the harvest of
7165
marine life species as defined by rule of the Fish and Wildlife
7166
Conservation Commission. This endorsement may be issued only to a
7167
person who is at least 16 years of age or older or to a
7168
corporation holding a valid restricted species endorsement.
7169
2.a. Effective July 1, 1998, and until July 1, 2002, a
7170
marine life endorsement may not be issued under this paragraph,
7171
except that those endorsements that are active during the 1997-
7172
1998 fiscal year may be renewed.
7173
b. In 1998 persons or corporations holding a marine life
7174
endorsement that was active in the 1997-1998 fiscal year or an
7175
immediate family member of that person must request renewal of
7176
the marine life endorsement before December 31, 1998.
7177
c. In subsequent years and until July 1, 2002, a marine
7178
life endorsement holder or member of his or her immediate family
7179
must request renewal of the marine life endorsement before
7180
September 30 of each year.
7181
d. If a person or corporation holding an active marine life
7182
fishing endorsement or a member of that person's immediate family
7183
does not request renewal of the endorsement before the applicable
7184
dates specified in this paragraph, the commission shall
7185
deactivate that marine life fishing endorsement.
7186
e. In the event of the death or disability of a person
7187
holding an active marine life fishing endorsement, the
7188
endorsement may be transferred by the person to a member of his
7189
or her immediate family or may be renewed by any person so
7190
designated by the executor of the person's estate.
7191
f. Persons or corporations who hold saltwater product
7192
licenses with marine life fishing endorsements issued to their
7193
vessel registration numbers and who subsequently replace their
7194
existing vessels with new vessels may transfer the existing
7195
marine life fishing endorsement to the new boat registration
7196
numbers.
7197
g. Persons or corporations who hold saltwater product
7198
licenses with marine life fishing endorsements issued to their
7199
name and who subsequently incorporate or unincorporate may
7200
transfer the existing marine life fishing endorsement to the new
7201
corporation or person.
7202
3. The fee for a marine life fishery endorsement on a
7203
saltwater products license shall be $75. These license fees shall
7204
be collected and deposited in the Marine Resources Conservation
7205
Trust Fund and used for the purchase and installation of vessel
7206
mooring buoys at coral reef sites and for research related to
7207
marine fisheries.
7208
(3) NET LICENSES.--Except for cast nets and bait seines
7209
which are 100 feet in length or less and which have a mesh that
7210
is 3/8 inch or less, all nets used to take finfish, including,
7211
but not limited to, gill nets, trammel nets, and beach seines,
7212
must be licensed or registered. Each net used to take finfish for
7213
commercial purposes, or by a nonresident, must be licensed under
7214
a saltwater products license issued pursuant to subsection (2)
7215
and must bear the number of such license.
7216
(4) SPECIAL ACTIVITY LICENSES.--
7217
(a) A special activity license is required for any person
7218
to use gear or equipment not authorized in this chapter or rule
7219
of the Fish and Wildlife Conservation Commission for harvesting
7220
saltwater species. In accordance with this chapter, s. 16, Art. X
7221
of the State Constitution, and rules of the commission, the
7222
commission may issue special activity licenses for the use of
7223
nonconforming gear or equipment, including, but not limited to,
7224
trawls, seines and entangling nets, traps, and hook and line
7225
gear, to be used in harvesting saltwater species for scientific
7226
and governmental purposes, and, where allowable, for innovative
7227
fisheries. The commission may prescribe by rule application
7228
requirements and terms, conditions, and restrictions to be
7229
incorporated into each special activity license. This subsection
7230
does not apply to gear or equipment used by certified marine
7231
aquaculturists as provided for in s. 597.004 to harvest marine
7232
aquaculture products.
7233
(b) The Fish and Wildlife Conservation Commission is
7234
authorized to issue special activity licenses in accordance with
7235
this section and s. 379.2524 370.31, to permit the importation
7236
and possession of wild anadromous sturgeon. The commission is
7237
also authorized to issue special activity licenses, in accordance
7238
with this section and s. 379.2524 370.31, to permit the
7239
importation, possession, and aquaculture of native and nonnative
7240
anadromous sturgeon until best-management practices are
7241
implemented for the cultivation of anadromous sturgeon pursuant
7242
to s. 597.004. The special activity license shall provide for
7243
specific management practices to protect indigenous populations
7244
of saltwater species.
7245
(c) The conditions and specific management practices
7246
established in this section shall be incorporated into permits
7247
and authorizations issued pursuant to chapter 253, chapter 373,
7248
chapter 403, or this chapter, when incorporating such provisions
7249
is in accordance with the aquaculture permit consolidation
7250
procedures. No separate issuance of a special activity license is
7251
required when conditions and specific management practices are
7252
incorporated into permits or authorizations under this paragraph.
7253
Implementation of this section to consolidate permitting actions
7254
does not constitute rules within the meaning of s. 120.52.
7255
(d) The commission is authorized to issue special activity
7256
licenses in accordance with s. 379.2411 370.101 and this section;
7257
aquaculture permit consolidation procedures in s. 379.2523(2)
7258
370.26(2); and rules of the commission to permit the capture and
7259
possession of saltwater species protected by law and used as
7260
stock for artificial cultivation and propagation.
7261
(e) The commission is authorized to adopt rules to govern
7262
the administration of special activities licenses as provided in
7263
this chapter and rules of the commission. Such rules may
7264
prescribe application requirements and terms, conditions, and
7265
restrictions for any such special activity license requested
7266
pursuant to this section.
7267
(5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.--
7268
(a) For purposes of this section, the following definitions
7269
shall apply:
7270
1. "Person" means an individual.
7271
2. "Resident" means any person who has:
7272
a. Continuously resided in this state for 6 months
7273
immediately preceding the making of his or her application for an
7274
Apalachicola Bay oyster harvesting license; or
7275
b. Established a domicile in this state and evidenced that
7276
domicile as provided in s. 222.17.
7277
(b) No person shall harvest oysters from the Apalachicola
7278
Bay without a valid Apalachicola Bay oyster harvesting license
7279
issued by the Department of Agriculture and Consumer Services.
7280
This requirement shall not apply to anyone harvesting
7281
noncommercial quantities of oysters in accordance with commission
7282
rules chapter 46-27, Florida Administrative Code, or to any
7283
person less than 18 years old.
7284
(c) Any person wishing to obtain an Apalachicola Bay oyster
7285
harvesting license shall submit an annual fee for the license
7286
during a 45-day period from May 17 to June 30 of each year
7287
preceding the license year for which the license is valid.
7288
Failure to pay the annual fee within the required time period
7289
shall result in a $500 late fee being imposed before issuance of
7290
the license.
7291
(d) The Department of Agriculture and Consumer Services
7292
shall collect an annual fee of $100 from residents and $500 from
7293
nonresidents for the issuance of an Apalachicola Bay oyster
7294
harvesting license. The license year shall begin on July 1 of
7295
each year and end on June 30 of the following year. The license
7296
shall be valid only for the licensee. Only bona fide residents of
7297
Florida may obtain a resident license pursuant to this
7298
subsection.
7299
(e) Each person who applies for an Apalachicola Bay oyster
7300
harvesting license shall, before receiving the license for the
7301
first time, attend an educational seminar of not more than 16
7302
hours length, developed and conducted jointly by the Department
7303
of Environmental Protection's Apalachicola National Estuarine
7304
Research Reserve, the Division of Law Enforcement of the Fish and
7305
Wildlife Conservation Commission, and the Department of
7306
Agriculture and Consumer Services' Apalachicola District
7307
Shellfish Environmental Assessment Laboratory. The seminar shall
7308
address, among other things, oyster biology, conservation of the
7309
Apalachicola Bay, sanitary care of oysters, small business
7310
management, and water safety. The seminar shall be offered five
7311
times per year, and each person attending shall receive a
7312
certificate of participation to present when obtaining an
7313
Apalachicola Bay oyster harvesting license. The educational
7314
seminar is not required for renewal of an Apalachicola Bay oyster
7315
harvesting license.
7316
(f) Each person, while harvesting oysters in Apalachicola
7317
Bay, shall have in possession a valid Apalachicola Bay oyster
7318
harvesting license, or proof of having applied for a license
7319
within the required time period, and shall produce such license
7320
or proof of application upon request of any law enforcement
7321
officer.
7322
(g) Each person who obtains an Apalachicola Bay oyster
7323
harvesting license shall prominently display the license number
7324
upon any vessel the person owns which is used for the taking of
7325
oysters, in numbers which are at least 10 inches high and 1 inch
7326
wide, so that the permit number is readily identifiable from the
7327
air and water. Only one vessel displaying a given number may be
7328
used at any time. A licensee may harvest oysters from the vessel
7329
of another licensee.
7330
(h) Any person holding an Apalachicola Bay oyster
7331
harvesting license shall receive credit for the license fee
7332
against the saltwater products license fee.
7333
(i) The proceeds from Apalachicola Bay oyster harvesting
7334
license fees shall be deposited in the General Inspection Trust
7335
Fund and, less reasonable administrative costs, shall be used or
7336
distributed by the Department of Agriculture and Consumer
7337
Services for the following purposes in Apalachicola Bay:
7338
1. Relaying and transplanting live oysters.
7339
2. Shell planting to construct or rehabilitate oyster bars.
7340
3. Education programs for licensed oyster harvesters on
7341
oyster biology, aquaculture, boating and water safety,
7342
sanitation, resource conservation, small business management,
7343
marketing, and other relevant subjects.
7344
4. Research directed toward the enhancement of oyster
7345
production in the bay and the water management needs of the bay.
7346
(j) Any person who violates any of the provisions of
7347
paragraphs (b) and (d)-(g) commits a misdemeanor of the second
7349
Nothing in this subsection shall limit the application of
7350
existing penalties.
7351
(k) Any oyster harvesting license issued pursuant to this
7352
subsection must be in compliance with the rules of the Fish and
7353
Wildlife Conservation Commission regulating gear or equipment,
7354
harvest seasons, size and bag limits, and the taking of saltwater
7355
species.
7356
(6) LICENSE YEAR.--The license year on all licenses
7357
relating to saltwater products dealers, seafood dealers, aliens,
7358
residents, and nonresidents, unless otherwise provided, shall
7359
begin on July 1 of each year and end on June 30 of the next
7360
succeeding year. All licenses shall be so dated. However, if the
7361
commission determines that it is in the best interest of the
7362
state to issue a license required under this chapter to an
7363
individual on the birthday of the applicant, the commission may
7364
establish by rule a procedure to do so. This section does not
7365
apply to licenses and permits when their use is confined to an
7366
open season.
7367
(7) LICENSES SUBJECT TO INSPECTION; NONTRANSFERABLE;
7368
EXCEPTION.--Licenses of every kind and nature granted under the
7369
provisions of the fish and game laws of this state are at all
7370
times subject to inspection by the police officers of this state
7371
and the officers of the Fish and Wildlife Conservation
7372
Commission. Such licenses are not transferable unless otherwise
7373
provided by law.
7374
(8) COLLECTION OF LICENSES, FEES.--Unless otherwise
7375
provided by law, all license taxes or fees provided for in this
7376
part chapter shall be collected by the commission or its duly
7377
authorized agents or deputies to be deposited by the Chief
7378
Financial Officer in the Marine Resources Conservation Trust
7379
Fund. The commission may by rule establish a reasonable
7380
processing fee for any free license or permit required under this
7381
part chapter. The commission is authorized to accept payment by
7382
credit card for fees, fines, and civil penalties levied pursuant
7383
to this part chapter.
7384
(9) DENIAL OF LICENSE RENEWAL OR ISSUANCE.--The commission
7385
shall deny the renewal or issuance of any saltwater products
7386
license, wholesale dealer license, or retail dealer license to
7387
anyone that has unpaid fees, civil assessments, or fines owed to
7388
the commission.
7389
Section 145. Section 370.07, Florida Statutes, is
7390
renumbered as section 379.362, Florida Statutes, and amended to
7391
read:
7392
379.362 370.07 Wholesale and retail saltwater products
7393
dealers; regulation.--
7394
(1) DEFINITIONS; LICENSES AUTHORIZED.--Annual license or
7395
privilege taxes are hereby levied and imposed upon dealers in the
7396
state in saltwater products. It is unlawful for any person, firm,
7397
or corporation to deal in any such products without first paying
7398
for and procuring the license required by this section.
7399
Application for all licenses shall be made to the Fish and
7400
Wildlife Conservation Commission on blanks to be furnished by it.
7401
All licenses shall be issued by the commission upon payment to it
7402
of the license tax. The licenses are defined as:
7403
(a)1. "Wholesale county dealer" is any person, firm, or
7404
corporation which sells saltwater products to any person, firm,
7405
or corporation except to the consumer and who may buy saltwater
7406
products in the county designated on the wholesale license from
7407
any person licensed pursuant to s. 379.361(2) 370.06(2) or from
7408
any licensed wholesale dealer.
7409
2. "Wholesale state dealer" is a person, firm, or
7410
corporation which sells saltwater products to any person, firm,
7411
or corporation except to the consumer and who may buy saltwater
7412
products in any county of the state from any person licensed
7413
pursuant to s. 379.361(2) 370.06(2) or from any licensed
7414
wholesale dealer.
7415
3. "Wholesale dealer" is either a county or a state dealer.
7416
(b) A "retail dealer" is any person, firm, or corporation
7417
which sells saltwater products directly to the consumer, but no
7418
license is required of a dealer in merchandise who deals in or
7419
sells saltwater products consumed on the premises or prepared for
7420
immediate consumption and sold to be taken out of any restaurant
7421
licensed by the Division of Hotels and Restaurants of the
7422
Department of Business and Professional Regulation.
7423
7424
Any person, firm, or corporation which is both a wholesale dealer
7425
and a retail dealer shall obtain both a wholesale dealer's
7426
license and a retail dealer's license. If a wholesale dealer has
7427
more than one place of business, the annual license tax shall be
7428
effective for all places of business, provided that the wholesale
7429
dealer supplies to the commission a complete list of additional
7430
places of business upon application for the annual license tax.
7431
(2) LICENSES; AMOUNT, TRUST FUND.--
7432
(a) A resident wholesale county seafood dealer is required
7433
to pay an annual license tax of $300.
7434
(b) A resident wholesale state dealer is required to pay an
7435
annual license tax of $450.
7436
(c) A nonresident wholesale county dealer is required to
7437
pay an annual license tax of $500.
7438
(d) A nonresident wholesale state dealer is required to pay
7439
an annual license tax of $1,000.
7440
(e) An alien wholesale county dealer is required to pay an
7441
annual license tax of $1,000.
7442
(f) An alien wholesale state dealer is required to pay an
7443
annual license tax of $1,500.
7444
(g) A resident retail dealer is required to pay an annual
7445
license tax of $25; however, if such a dealer has more than one
7446
place of business, the dealer shall designate one place of
7447
business as a central place of business, shall pay an annual
7448
license tax of $25 for such place of business, and shall pay an
7449
annual license tax of $10 for each other place of business.
7450
(h) A nonresident retail dealer is required to pay an
7451
annual license tax of $200; however, if such a dealer has more
7452
than one place of business, the dealer shall designate one place
7453
of business as a central place of business, shall pay an annual
7454
license tax of $200 for such place of business, and shall pay an
7455
annual license tax of $25 for each other place of business.
7456
(i) An alien retail dealer is required to pay an annual
7457
license tax of $250; however, if such a dealer has more than one
7458
place of business, the dealer shall designate one place of
7459
business as a central place of business, shall pay an annual
7460
license tax of $250 for such place of business, and shall pay an
7461
annual license tax of $50 for each other place of business.
7462
(j) License or privilege taxes, together with any other
7463
funds derived from the Federal Government or from any other
7464
source, shall be deposited in a Florida Saltwater Products
7465
Promotion Trust Fund to be administered by the Department of
7466
Agriculture and Consumer Services for the sole purpose of
7467
promoting all fish and saltwater products produced in this state,
7468
except that 4 percent of the total wholesale and retail saltwater
7469
products dealer's license fees collected shall be deposited into
7470
the Marine Resources Conservation Trust Fund administered by the
7471
Fish and Wildlife Conservation Commission for the purpose of
7472
processing wholesale and retail saltwater products dealer's
7473
licenses.
7474
(3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.--The
7475
Department of Agriculture and Consumer Services shall use or
7476
distribute funds paid into the State Treasury to the credit of
7477
the General Inspection Trust Fund pursuant to s. 201.15(11), less
7478
reasonable costs of administration, to fund the following oyster
7479
management and restoration programs in Apalachicola Bay and other
7480
oyster harvest areas in the state:
7481
(a) The relaying and transplanting of live oysters.
7482
(b) Shell planting to construct or rehabilitate oyster
7483
bars.
7484
(c) Education programs for licensed oyster harvesters on
7485
oyster biology, aquaculture, boating and water safety,
7486
sanitation, resource conservation, small business management, and
7487
other relevant subjects.
7488
(d) Research directed toward the enhancement of oyster
7489
production in the bay and the water management needs of the bay.
7490
(4) TRANSPORTATION OF SALTWATER PRODUCTS.--
7491
(a) A person transporting in this state saltwater products
7492
that were produced in this state, regardless of destination,
7493
shall have in his or her possession invoices, bills of lading, or
7494
other similar instruments showing the number of packages, boxes,
7495
or containers and the number of pounds of each species and the
7496
name, physical address, and the Florida wholesale dealer number
7497
of the dealer of origin.
7498
(b) A person transporting in this state saltwater products
7499
that were produced outside this state to be delivered to a
7500
destination in this state shall have in his or her possession
7501
invoices, bills of lading, or other similar instruments showing
7502
the number of packages, boxes, or containers and the number of
7503
pounds of each species, the name and physical address of the
7504
dealer of origin, and the name, physical address, and Florida
7505
wholesale dealer number of the Florida dealer to whom the
7506
shipment is to be delivered.
7507
(c) A person transporting in this state saltwater products
7508
that were produced outside this state which are to be delivered
7509
to a destination outside this state shall have in his or her
7510
possession invoices, bills of lading, or other similar
7511
instruments showing the number of packages, boxes, or containers
7512
and the number of pounds of each species, the name and physical
7513
address of the dealer of origin, and the name and physical
7514
address of the dealer to whom the shipment is to be delivered.
7515
(d) If the saltwater products in transit come from more
7516
than one dealer, distributor, or producer, each lot from each
7517
dealer shall be covered by invoices, bills of lading, and other
7518
similar instruments showing the number of boxes or containers and
7519
the number of pounds of each species. Each invoice, bill of
7520
lading, and other similar instrument shall display the wholesale
7521
dealer license number and the name and physical address of the
7522
dealer, distributor, or producer of the lot covered by the
7523
instrument.
7524
(e) It is unlawful to sell, deliver, ship, or transport, or
7525
to possess for the purpose of selling, delivering, shipping, or
7526
transporting, any saltwater products without all invoices
7527
concerning the products having thereon the wholesale dealer
7528
license number in the form prescribed under this subsection and
7529
the rules of the commission. Any saltwater products found in the
7530
possession of any person who is in violation of this paragraph
7531
may be seized by the commission and disposed of in the manner
7532
provided by law.
7533
(f) Nothing contained in this subsection may be construed
7534
to apply to the sale and delivery to a consumer of saltwater
7535
products in an ordinary retail transaction by a licensed retail
7536
dealer who has purchased such products from a licensed wholesale
7537
dealer, or to the sale and delivery of the catch or products of a
7538
saltwater products licensee to a Florida-licensed wholesale
7539
dealer.
7540
(g) Wholesale dealers' licenses shall be issued only to
7541
applicants who furnish to the commission satisfactory evidence of
7542
law-abiding reputation and who pledge themselves to faithfully
7543
observe all of the laws, rules, and regulations of this state
7544
relating to the conservation of, dealing in, or taking, selling,
7545
transporting, or possession of saltwater products, and to
7546
cooperate in the enforcement of all such laws to every reasonable
7547
extent. This pledge may be included in the application for
7548
license.
7549
(h) A wholesale dealer, retail dealer, or restaurant
7550
facility shall not purchase or sell for public consumption any
7551
saltwater products known to be taken illegally, or known to be
7552
taken in violation of s. 16, Art. X of the State Constitution, or
7553
any rule or statute implementing its provisions.
7554
(i) Any person who violates the provisions of this
7555
subsection commits a misdemeanor of the first degree, punishable
7557
(5) LICENSE DENIAL, SUSPENSION, OR REVOCATION.--
7558
(a) A license issued to a wholesale or retail dealer is
7559
good only to the person to whom issued and named therein and is
7560
not transferable. The commission may revoke, suspend, or deny the
7561
renewal of the license of any licensee:
7562
1. Upon the conviction of the licensee of any violation of
7563
the laws or regulations designed for the conservation of
7564
saltwater products;
7565
2. Upon conviction of the licensee of knowingly dealing in,
7566
buying, selling, transporting, possessing, or taking any
7567
saltwater product, at any time and from any waters, in violation
7568
of the laws of this state; or
7569
3. Upon satisfactory evidence of any violation of the laws
7570
or any regulations of this state designed for the conservation of
7571
saltwater products or of any of the laws of this state relating
7572
to dealing in, buying, selling, transporting, possession, or
7573
taking of saltwater products.
7574
(b) Upon revocation of such license, no other or further
7575
license may be issued to the dealer within 3 years from the date
7576
of revocation except upon special order of the commission. After
7577
revocation, it is unlawful for such dealer to exercise any of the
7578
privileges of a licensed wholesale or retail dealer.
7579
(c) In addition to, or in lieu of, the penalty imposed
7580
pursuant to this subsection, the commission may impose penalties
7581
pursuant to s. 379.407 370.021.
7582
(6) RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--
7583
(a) Wholesale dealers shall be required by the commission
7584
to make and preserve a record of the names and addresses of
7585
persons from whom or to whom saltwater products are purchased or
7586
sold, the quantity so purchased or sold from or to each vendor or
7587
purchaser, and the date of each such transaction. Retail dealers
7588
shall be required to make and preserve a record from whom all
7589
saltwater products are purchased. Such record shall be open to
7590
inspection at all times by the commission. A report covering the
7591
sale of saltwater products shall be made monthly or as often as
7592
required by rule to the commission by each wholesale dealer. All
7593
reports required under this subsection are confidential and shall
7594
be exempt from the provisions of s. 119.07(1) except that,
7595
pursuant to authority related to interstate fishery compacts as
7596
provided by ss. 379.2253(3) and 379.2254(3) 370.19(3) and
7597
370.20(3), reports may be shared with another state if that state
7598
is a member of an interstate fisheries compact, and if that state
7599
has signed a Memorandum of Agreement or a similar instrument
7600
agreeing to preserve confidentiality as established by Florida
7601
law.
7602
(b) The commission may revoke, suspend, or deny the renewal
7603
of the license of any dealer for failure to make and keep
7604
required records, for failure to make required reports, for
7605
failure or refusal to permit the examination of required records,
7606
or for falsifying any such record. In addition to, or in lieu of,
7607
the penalties imposed pursuant to this paragraph and s. 370.021,
7608
the commission may impose against any person, firm, or
7609
corporation who is determined to have violated any provision of
7610
this paragraph or any provisions of any commission rules adopted
7611
pursuant to s. 370.0607, the following additional penalties:
7612
1. For the first violation, a civil penalty of up to
7613
$1,000;
7614
2. For a second violation committed within 24 months of any
7615
previous violation, a civil penalty of up to $2,500; and
7616
3. For a third or subsequent violation committed within 36
7617
months of any previous two violations, a civil penalty of up to
7618
$5,000.
7619
7620
The proceeds of all civil penalties collected pursuant to this
7621
subsection shall be deposited into the Marine Resources
7622
Conservation Trust Fund and shall be used for administration,
7623
auditing, and law enforcement purposes.
7624
(7) PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY
7625
LOCATION.--Wholesale dealers purchasing saltwater products
7626
pursuant to s. 379.361(2) 370.06(2) at any site other than a site
7627
located in a county where the dealer has a permanent address must
7628
notify the Fish and Wildlife Conservation Commission of the
7629
location of the temporary site of business for each day business
7630
is to be conducted at such site.
7631
(8) UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is
7632
unlawful for any licensed retail dealer or any restaurant
7633
licensed by the Division of Hotels and Restaurants of the
7634
Department of Business and Professional Regulation to buy
7635
saltwater products from any person other than a licensed
7636
wholesale or retail dealer. For purposes of this subsection, any
7637
saltwater products received by a retail dealer or a restaurant
7638
are presumed to have been purchased.
7639
Section 146. Section 372.65, Florida Statutes, is
7640
renumbered as section 379.363, Florida Statutes, and amended to
7641
read:
7642
379.363 372.65 Freshwater fish dealer's license.--
7643
(1) No person shall engage in the business of taking for
7644
sale or selling any frogs or freshwater fish, including live
7645
bait, of any species or size, or importing any exotic or
7646
nonindigenous fish, until such person has obtained a license and
7647
paid the fee therefor as set forth herein. The license issued
7648
shall be in the possession of the person to whom issued while
7649
such person is engaging in the business of taking for sale or
7650
selling freshwater fish or frogs, is not transferable, shall bear
7651
on its face in indelible ink the name of the person to whom it is
7652
issued, and shall be affixed to a license identification card
7653
issued by the commission. Such license is not valid unless it
7654
bears the name of the person to whom it is issued and is so
7655
affixed. The failure of such person to exhibit such license to
7656
the commission or any of its wildlife officers when such person
7657
is found engaging in such business is a violation of law. The
7658
license fees and activities permitted under particular licenses
7659
are as follows:
7660
(a) The fee for a resident commercial fishing license,
7661
which permits a resident to take freshwater fish or frogs by any
7662
lawful method prescribed by the commission and to sell such fish
7663
or frogs, shall be $25. The license provided for in this
7664
paragraph shall also allow noncommercial fishing as provided by
7665
law and commission rules, and the license in s. 379.354(4)(a)
7666
372.57(4)(a) shall not be required.
7667
(b) The fee for a resident freshwater fish dealer's
7668
license, which permits a resident to import, export, or sell
7669
freshwater fish or frogs, including live bait, shall be $40.
7670
(c) The fee for a nonresident commercial fishing license,
7671
which permits a nonresident to take freshwater fish or frogs as
7672
provided in paragraph (a), shall be $100.
7673
(d) The fee for a nonresident retail fish dealer's license,
7674
which permits a nonresident to sell freshwater fish or frogs to a
7675
consumer, shall be $100.
7676
(e) The fee for a nonresident wholesale fish dealer's
7677
license, which permits a nonresident to sell freshwater fish or
7678
frogs within the state, and to buy freshwater fish or frogs for
7679
resale, shall be $500.
7680
(f) The fee for a nonresident wholesale fish buyer's
7681
license, which permits a nonresident who does not sell freshwater
7682
fish or frogs in Florida to buy freshwater fish or frogs from
7683
resident fish dealers for resale outside the state, shall be $50.
7684
(g) Any individual or business issued an aquaculture
7685
certificate, pursuant to s. 597.004, shall be exempt from the
7686
requirements of this part chapter with respect to aquaculture
7687
products authorized under such certificate.
7688
(h) There is levied, in addition to any other license fee
7689
thereon, an annual gear license fee of $50 upon each person
7690
fishing with trawl seines used in the fresh waters of the state.
7691
(i) There is levied, in addition to any other license fee
7692
thereon, an annual gear license fee of $100 upon each person
7693
fishing with haul seines used in the fresh waters of the state.
7694
(2) Each boat engaged in commercial fishing shall have at
7695
least one licensed commercial fisher on board.
7696
(3) It shall be unlawful for any resident freshwater fish
7697
dealer, or any nonresident wholesale or nonresident retail fish
7698
dealer, or any nonresident wholesale fish buyer to buy freshwater
7699
fish or frogs from any unlicensed person.
7700
Section 147. Section 372.651, Florida Statutes, is
7701
renumbered as section 379.3635, Florida Statutes, and amended to
7702
read:
7703
379.3635 372.651 Haul seine and trawl permits; Lake
7704
Okeechobee freshwater lakes in excess of 500 square miles;
7705
fees.--
7706
(1) The Fish and Wildlife Conservation Commission is
7707
authorized to issue permits for each haul seine or trawl used in
7708
Lake Okeechobee freshwater lakes in the state having an area in
7709
excess of 500 square miles.
7710
(2) The commission may charge an annual fee for the
7711
issuance of such permits which shall not exceed:
7712
(a) For a resident trawl permit, $50.
7713
(b) For a resident haul seine permit, $100.
7714
(c) For a nonresident or alien trawl or haul seine permit,
7715
$500.
7716
Section 148. Section 372.66, Florida Statutes, is
7717
renumbered as section 379.364, Florida Statutes, to read:
7718
379.364 372.66 License required for fur and hide dealers.--
7719
(1) It is unlawful for any person to engage in the business
7720
of a dealer or buyer in alligator skins or green or dried furs in
7721
the state or purchase such skins within the state until such
7722
person has been licensed as herein provided.
7723
(2) Any resident dealer or buyer who solicits business
7724
through the mails, or by advertising, or who travels to buy or
7725
employs or has other agents or buyers, shall be deemed a resident
7726
state dealer and must pay a license fee of $100 per annum.
7727
(3) A nonresident dealer or buyer must pay a license fee of
7728
$500 per annum.
7729
(4) All dealers and buyers shall forward to the Fish and
7730
Wildlife Conservation Commission each 2 weeks during open season
7731
a report showing number and kind of hides bought and name of
7732
trapper from whom bought and the trapper's license number, or if
7733
trapper is exempt from license under any of the provisions of
7734
this chapter, such report shall show the nature of such
7735
exemption. A common carrier may not knowingly ship or transport
7736
or receive for transportation any hides or furs unless such
7737
shipments have marked thereon name of shipper and the number of
7738
her or his fur-animal license or fur dealer's license.
7739
Section 149. Section 370.13, Florida Statutes, is
7740
renumbered as section 379.365, Florida Statutes, and amended to
7741
read:
7742
379.365 370.13 Stone crab; regulation.--
7743
(1) FEES AND EQUITABLE RENT.--
7744
(a) Endorsement fee.--The fee for a stone crab endorsement
7745
for the taking of stone crabs, as required by rule of the Fish
7746
and Wildlife Conservation Commission, is $125, $25 of which must
7747
be used solely for trap retrieval under s. 379.2424 370.143.
7748
(b) Certificate fees.--
7749
1. For each trap certificate issued by the commission under
7750
the requirements of the stone crab trap limitation program
7751
established by commission rule, there is an annual fee of 50
7752
cents per certificate. Replacement tags for lost or damaged tags
7753
cost 50 cents each plus the cost of shipping. In the event of a
7754
major natural disaster, such as a hurricane or major storm, that
7755
causes massive trap losses within an area declared by the
7756
Governor to be a disaster emergency area, the commission may
7757
temporarily defer or waive replacement tag fees.
7758
2. The fee for transferring trap certificates is $1 per
7759
certificate transferred, except that the fee for eligible crew
7760
members is 50 cents per certificate transferred. Eligible crew
7761
members shall be determined according to criteria established by
7762
rule of the commission. Payment must be made by money order or
7763
cashier's check, submitted with the certificate transfer form
7764
developed by the commission.
7765
3. In addition to the transfer fee, a surcharge of $1 per
7766
certificate transferred, or 25 percent of the actual value of the
7767
transferred certificate, whichever is greater, will be assessed
7768
the first time a certificate is transferred outside the original
7769
holder's immediate family.
7770
4. Transfer fees and surcharges only apply to the actual
7771
number of certificates received by the purchaser. A transfer of a
7772
certificate is not effective until the commission receives a
7773
notarized copy of the bill of sale as proof of the actual value
7774
of the transferred certificate or certificates, which must also
7775
be submitted with the transfer form and payment.
7776
5. A transfer fee will not be assessed or required when the
7777
transfer is within a family as a result of the death or
7778
disability of the certificate owner. A surcharge will not be
7779
assessed for any transfer within an individual's immediate
7780
family.
7781
(c) Incidental take endorsement.--The cost of an incidental
7782
take endorsement, as established by commission rule, is $25.
7783
(d) Equitable rent.--The commission may establish by rule
7784
an amount of equitable rent per trap certificate that may be
7785
recovered as partial compensation to the state for the enhanced
7786
access to its natural resources. In determining whether to
7787
establish such a rent and the amount thereof, the commission may
7788
consider the amount of revenues annually generated by endorsement
7789
fees, trap certificate fees, transfer fees, surcharges,
7790
replacement trap tag fees, trap retrieval fees, incidental take
7791
endorsement fees, and the continued economic viability of the
7792
commercial stone crab industry. A rule establishing an amount of
7793
equitable rent shall become effective only after approval by the
7794
Legislature.
7795
(e) Disposition of fees, surcharges, civil penalties and
7796
fines, and equitable rent.--Endorsement fees, trap certificate
7797
fees, transfer fees, civil penalties and fines, surcharges,
7798
replacement trap tag fees, trap retrieval fees, incidental take
7799
endorsement fees, and equitable rent, if any, must be deposited
7800
in the Marine Resources Conservation Trust Fund. Up to 50 percent
7801
of the revenues generated under this section may be used for
7802
operation and administration of the stone crab trap limitation
7803
program. All remaining revenues so generated must be used for
7804
trap retrieval, management of the stone crab fishery, public
7805
education activities, evaluation of the impact of trap reductions
7806
on the stone crab fishery, and enforcement activities in support
7807
of the stone crab trap limitation program.
7808
(f) Program to be self-supporting.--The stone crab trap
7809
limitation program is intended to be a self-supporting program
7810
funded from proceeds generated under this section.
7811
(g) No vested rights.--The stone crab trap limitation
7812
program does not create any vested rights for endorsement or
7813
certificateholders and may be altered or terminated by the
7814
commission as necessary to protect the stone crab resource, the
7815
participants in the fishery, or the public interest.
7816
(2) PENALTIES.--For purposes of this subsection, conviction
7817
is any disposition other than acquittal or dismissal, regardless
7818
of whether the violation was adjudicated under any state or
7819
federal law.
7820
(a) It is unlawful to violate commission rules regulating
7821
stone crab trap certificates and trap tags. No person may use an
7822
expired tag or a stone crab trap tag not issued by the commission
7823
or possess or use a stone crab trap in or on state waters or
7824
adjacent federal waters without having a trap tag required by the
7825
commission firmly attached thereto.
7826
1. In addition to any other penalties provided in s.
7827
379.407 370.021, for any commercial harvester who violates this
7828
paragraph, the following administrative penalties apply.
7829
a. For a first violation, the commission shall assess an
7830
administrative penalty of up to $1,000.
7831
b. For a second violation that occurs within 24 months of
7832
any previous such violation, the commission shall assess an
7833
administrative penalty of up to $2,000 and the stone crab
7834
endorsement under which the violation was committed may be
7835
suspended for 12 calendar months.
7836
c. For a third violation that occurs within 36 months of
7837
any previous two such violations, the commission shall assess an
7838
administrative penalty of up to $5,000 and the stone crab
7839
endorsement under which the violation was committed may be
7840
suspended for 24 calendar months.
7841
d. A fourth violation that occurs within 48 months of any
7842
three previous such violations, shall result in permanent
7843
revocation of all of the violator's saltwater fishing privileges,
7844
including having the commission proceed against the endorsement
7845
holder's saltwater products license in accordance with s. 379.407
7846
7847
2. Any other person who violates the provisions of this
7848
paragraph commits a Level Two violation under s. 379.401 372.83.
7849
7850
Any commercial harvester assessed an administrative penalty under
7851
this paragraph shall, within 30 calendar days after notification,
7852
pay the administrative penalty to the commission, or request an
7854
of all administrative penalties collected under this paragraph
7855
shall be deposited in the Marine Resources Conservation Trust
7856
Fund.
7857
(b) It is unlawful for any commercial harvester to remove
7858
the contents of another harvester's stone crab trap or take
7859
possession of such without the express written consent of the
7860
trap owner available for immediate inspection. Unauthorized
7861
possession of another's trap gear or removal of trap contents
7862
constitutes theft.
7863
1. Any commercial harvester convicted of theft of or from a
7864
trap pursuant to this subsection or s. 379.402 370.1107 shall, in
7865
addition to the penalties specified in s. 379.407 370.021 and the
7866
provisions of this section, permanently lose all saltwater
7867
fishing privileges, including saltwater products licenses, stone
7868
crab or incidental take endorsements, and all trap certificates
7869
allotted to such commercial harvester by the commission. In such
7870
cases, trap certificates and endorsements are nontransferable.
7871
2. In addition, any commercial harvester convicted of
7872
violating the prohibitions referenced in this paragraph shall
7873
also be assessed an administrative penalty of up to $5,000.
7874
Immediately upon receiving a citation for a violation involving
7875
theft of or from a trap and until adjudicated for such a
7876
violation, or, upon receipt of a judicial disposition other than
7877
dismissal or acquittal on such a violation, the violator is
7878
prohibited from transferring any stone crab or spiny lobster
7879
certificates.
7880
3. Any other person who violates the provisions of this
7881
paragraph commits a Level Two violation under s. 379.401 372.83.
7882
(c)1. It is unlawful to violate commission rules that
7883
prohibit any of the following:
7884
a. The willful molestation of any stone crab trap, line, or
7885
buoy that is the property of any licenseholder, without the
7886
permission of that licenseholder.
7887
b. The bartering, trading, or sale, or conspiring or aiding
7888
in such barter, trade, or sale, or supplying, agreeing to supply,
7889
aiding in supplying, or giving away stone crab trap tags or
7890
certificates unless the action is duly authorized by the
7891
commission as provided by commission rules.
7892
c. The making, altering, forging, counterfeiting, or
7893
reproducing of stone crab trap tags.
7894
d. Possession of forged, counterfeit, or imitation stone
7895
crab trap tags.
7896
e. Engaging in the commercial harvest of stone crabs during
7897
the time either of the endorsements is under suspension or
7898
revocation.
7899
2. Any commercial harvester who violates this paragraph
7900
commits a felony of the third degree, punishable as provided in
7902
3. Any other person who violates this paragraph commits a
7903
Level Four violation under s. 379.401 372.83.
7904
7905
In addition, any commercial harvester convicted of violating this
7906
paragraph shall also be assessed an administrative penalty of up
7907
to $5,000, and the incidental take endorsement and/or the stone
7908
crab endorsement under which the violation was committed may be
7909
suspended for up to 24 calendar months. Immediately upon
7910
receiving a citation involving a violation of this paragraph and
7911
until adjudicated for such a violation, or if convicted of such a
7912
violation, the person, firm, or corporation committing the
7913
violation is prohibited from transferring any stone crab
7914
certificates or endorsements.
7915
(d) For any commercial harvester convicted of fraudulently
7916
reporting the actual value of transferred stone crab
7917
certificates, the commission may automatically suspend or
7918
permanently revoke the seller's or the purchaser's stone crab
7919
endorsements. If the endorsement is permanently revoked, the
7920
commission shall also permanently deactivate the endorsement
7921
holder's stone crab certificate accounts. Whether an endorsement
7922
is suspended or revoked, the commission may also levy a fine
7923
against the holder of the endorsement of up to twice the
7924
appropriate surcharge to be paid based on the fair market value
7925
of the transferred certificates.
7926
(e) During any period of suspension or revocation of an
7927
endorsement holder's endorsement, he or she shall remove all
7928
traps subject to that endorsement from the water within 15 days
7929
after notice provided by the commission. Failure to do so will
7930
extend the period of suspension or revocation for an additional 6
7931
calendar months.
7932
(f) An endorsement will not be renewed until all fees and
7933
administrative penalties imposed under this section are paid.
7934
(3) DEPREDATION PERMITS.--The Fish and Wildlife
7935
Conservation Commission shall issue a depredation permit upon
7936
request to any marine aquaculture producer, as defined in s.
7937
379.2523 370.26, engaged in the culture of shellfish, which shall
7938
entitle the aquaculture producer to possess and use up to 75
7939
stone crab traps and up to 75 blue crab traps for the sole
7940
purpose of taking destructive or nuisance stone crabs or blue
7941
crabs within 1 mile of the producer's aquaculture shellfish beds.
7942
Stone crabs or blue crabs taken under this subsection may not be
7943
sold, bartered, exchanged, or offered for sale, barter, or
7944
exchange.
7945
(4) For the 2006-2007 fiscal year only, the trap tag fees
7946
required by this section shall be waived by the commission. This
7947
subsection expires July 1, 2007.
7948
Section 150. Section 370.135, Florida Statutes, is
7949
renumbered as section 379.366, Florida Statutes, and amended to
7950
read:
7951
379.366 370.135 Blue crab; regulation.--
7952
(1) No commercial harvester shall transport on the water,
7953
fish with or cause to be fished with, set, or place any trap
7954
designed for taking blue crabs unless such commercial harvester
7955
holds a valid saltwater products license and restricted species
7956
endorsement issued under s. 379.361 370.06 and a blue crab
7957
endorsement issued under this section. Each trap shall have the
7958
harvester's blue crab endorsement number permanently affixed to
7959
it. Each buoy attached to such a trap shall also have the
7960
harvester's blue crab endorsement number permanently attached to
7961
the buoy. The blue crab endorsement number shall be affixed in
7962
legible figures at least 2 inches high on each buoy used. The
7963
saltwater products license must be on board the boat, and both
7964
the license and the crabs shall be subject to inspection at all
7965
times. This subsection shall not apply to an individual fishing
7966
with no more than five traps.
7967
(2) No person shall harvest blue crabs with more than five
7968
traps, harvest blue crabs in commercial quantities, or sell blue
7969
crabs unless such person holds a valid saltwater products license
7970
with a restricted species endorsement issued under s. 379.361
7971
370.06 and a blue crab endorsement issued under this section.
7972
(a) In the event of the death or disability of a person
7973
holding an active blue crab endorsement, the endorsement may be
7974
transferred by the person to a member of his or her immediate
7975
family or may be renewed by any person so designated by the
7976
executor of the person's estate.
7977
(b) A commercial harvester who holds a saltwater products
7978
license and a blue crab endorsement that is issued to the
7979
commercial harvester's vessel registration number and who
7980
replaces an existing vessel with a new vessel may transfer the
7981
existing blue crab endorsement to the saltwater products license
7982
of the new vessel.
7983
(3)(a) Endorsement fees.--
7984
1. The fee for a hard-shell blue crab endorsement for the
7985
taking of hard-shell blue crabs, as authorized by rule of the
7986
commission, is $125, $25 of which must be used solely for the
7987
trap retrieval program authorized under s. 379.2424 370.143 and
7988
in commission rules.
7989
2. The fee for a soft-shell blue crab endorsement for the
7990
taking of soft-shell blue crabs, as authorized by rule of the
7991
commission, is $250, $25 of which must be used solely for the
7992
trap retrieval program authorized under s. 379.2424 370.143 and
7993
in commission rules.
7994
3. The fee for a nontransferable hard-shell blue crab
7995
endorsement for the taking of hard-shell blue crabs, as
7996
authorized by rule of the commission, is $125, $25 of which must
7997
be used solely for the trap retrieval program authorized under s.
7998
379.2424 370.143 and in commission rules.
7999
4. The fee for an incidental take blue crab endorsement for
8000
the taking of blue crabs as bycatch in shrimp trawls and stone
8001
crab traps is $25, as authorized in commission rules.
8002
(b) Trap tag fees.--The annual fee for each trap tag issued
8003
by the commission under the requirements of the blue crab effort
8004
management program established by rule of the commission is 50
8005
cents per tag. The fee for replacement tags for lost or damaged
8006
tags is 50 cents per tag plus the cost of shipping. In the event
8007
of a major natural disaster, such as a hurricane or major storm,
8008
that causes massive trap losses within an area declared by the
8009
Governor to be a disaster emergency area, the commission may
8010
temporarily defer or waive replacement tag fees.
8011
(c) Equitable rent.--The commission may establish by rule
8012
an amount of equitable rent that may be recovered as partial
8013
compensation to the state for the enhanced access to its natural
8014
resources. In determining whether to establish such a rent and
8015
the amount thereof, the commission may consider the amount of
8016
revenues annually generated by endorsement fees, trap tag fees,
8017
replacement trap tag fees, trap retrieval fees, and the continued
8018
economic viability of the commercial blue crab industry. A rule
8019
establishing an amount of equitable rent shall become effective
8020
only upon approval by act of the Legislature.
8021
(d) Disposition of moneys generated from fees and
8022
administrative penalties.--Moneys generated from the sale of blue
8023
crab endorsements, trap tags, and replacement trap tags or from
8024
the assessment of administrative penalties by the commission
8025
under this section shall be deposited into the Marine Resources
8026
Conservation Trust Fund. Up to 50 percent of the moneys generated
8027
from the sale of endorsements and trap tags and the assessment of
8028
administrative penalties may be used for the operation and
8029
administration of the blue crab effort management program. The
8030
remaining moneys generated from the sale of endorsements and trap
8031
tags and the assessment of administrative penalties may be used
8032
for trap retrieval; management of the blue crab fishery; and
8033
public education activities, research, and enforcement activities
8034
in support of the blue crab effort management program.
8035
(e) Waiver of fees.--For the 2007-2008 license year, the
8036
commission shall waive all fees under this subsection for all
8037
persons who qualify by September 30, 2007, to participate in the
8038
blue crab effort management program established by commission
8039
rule.
8040
(4)(a) Untagged trap penalties.--By July 1, 2008, the
8041
commission shall adopt by rule the administrative penalties
8042
authorized by this subsection. In addition to any other penalties
8043
provided in s. 379.407 370.021 for any blue crab endorsement
8044
holder who violates commission rules requiring the placement of
8045
trap tags for traps used for the directed harvest of blue crabs,
8046
the following administrative penalties apply:
8047
1. For a first violation, the commission shall assess an
8048
administrative penalty of up to $1,000.
8049
2. For a second violation that occurs within 24 months
8050
after any previous such violation, the commission shall assess an
8051
administrative penalty of up to $2,000, and the blue crab
8052
endorsement holder's blue crab fishing privileges may be
8053
suspended for 12 calendar months.
8054
3. For a third violation that occurs within 36 months after
8055
any two previous such violations, the commission shall assess an
8056
administrative penalty of up to $5,000, and the blue crab
8057
endorsement holder's blue crab fishing privileges may be
8058
suspended for 24 calendar months.
8059
4. A fourth violation that occurs within 48 months after
8060
any three previous such violations shall result in permanent
8061
revocation of all of the violator's saltwater fishing privileges,
8062
including having the commission proceed against the endorsement
8063
holder's saltwater products license in accordance with s. 379.407
8064
8065
8066
Any blue crab endorsement holder assessed an administrative
8067
penalty under this paragraph shall, within 30 calendar days after
8068
notification, pay the administrative penalty to the commission or
8070
(b) Trap theft; prohibitions and penalties.--It is unlawful
8071
for any person to remove or take possession of the contents of
8072
another harvester's blue crab trap without the express written
8073
consent of the trap owner, which must be available for immediate
8074
inspection. Unauthorized possession of another harvester's blue
8075
crab trap gear or removal of trap contents constitutes theft.
8076
1. Any commercial harvester receiving a judicial
8077
disposition other than dismissal or acquittal on a charge of
8078
theft of or from a trap as prohibited by this paragraph shall, in
8079
addition to the penalties specified in s. 379.407 370.021 and
8080
this section, permanently lose all saltwater fishing privileges,
8081
including any saltwater products licenses, blue crab
8082
endorsements, and blue crab trap tags allotted to him or her by
8083
the commission. In such cases, endorsements are nontransferable.
8084
2. In addition, any commercial harvester receiving a
8085
judicial disposition other than dismissal or acquittal for
8086
violating this paragraph shall also be assessed an administrative
8087
penalty of up to $5,000. Immediately upon receipt of a citation
8088
for a violation involving theft of or from a trap and until
8089
adjudicated for such a violation, or upon receipt of a judicial
8090
disposition other than dismissal or acquittal for such a
8091
violation, the commercial harvester committing the violation is
8092
prohibited from transferring any blue crab endorsements.
8093
3. A commercial harvester who violates this paragraph shall
8094
be punished under s. 379.407 370.021. Any other person who
8095
violates this paragraph commits a Level Two violation under s.
8096
379.401 372.83.
8097
(c) Criminal activities prohibited.--
8098
1. It is unlawful for any commercial harvester or any other
8099
person to:
8100
a. Willfully molest any blue crab trap, line, or buoy that
8101
is the property of any licenseholder without the permission of
8102
that licenseholder.
8103
b. Barter, trade, lease, or sell a blue crab trap tag or
8104
conspire or aid in such barter, trade, lease, or sale unless duly
8105
authorized by commission rules.
8106
c. Supply, agree to supply, aid in supplying, or give away
8107
a blue crab trap tag unless duly authorized by commission rules.
8108
d. Make, alter, forge, counterfeit, or reproduce a blue
8109
crab trap tag.
8110
e. Possess an altered, forged, counterfeit, or imitation
8111
blue crab trap tag.
8112
f. Possess a number of original trap tags or replacement
8113
trap tags, the sum of which exceeds by 1 percent the number of
8114
traps allowed by commission rules.
8115
g. Engage in the commercial harvest of blue crabs while the
8116
blue crab endorsements of the licenseholder are under suspension
8117
or revocation.
8118
2. Immediately upon receiving a citation involving a
8119
violation of this paragraph and until adjudicated for such a
8120
violation, a commercial harvester is prohibited from transferring
8121
any blue crab endorsement.
8122
3. A commercial harvester convicted of violating this
8123
paragraph commits a felony of the third degree, punishable as
8125
assessed an administrative penalty of up to $5,000, and is
8126
immediately prohibited from transferring any blue crab
8127
endorsement. All blue crab endorsements issued to a commercial
8128
harvester convicted of violating this paragraph may be suspended
8129
for up to 24 calendar months.
8130
4. Any other person convicted of violating this paragraph
8131
commits a Level Four violation under s. 379.401 372.83.
8132
(d) Endorsement transfers; fraudulent reports;
8133
penalties.--For a commercial harvester convicted of fraudulently
8134
reporting the actual value of transferred blue crab endorsements,
8135
the commission may automatically suspend or permanently revoke
8136
the seller's or the purchaser's blue crab endorsements. If the
8137
endorsement is permanently revoked, the commission shall also
8138
permanently deactivate the endorsement holder's blue crab trap
8139
tag accounts.
8140
(e) Prohibitions during endorsement suspension and
8141
revocation.--During any period of suspension or after revocation
8142
of a blue crab endorsement holder's endorsements, he or she
8143
shall, within 15 days after notice provided by the commission,
8144
remove from the water all traps subject to that endorsement.
8145
Failure to do so shall extend the period of suspension for an
8146
additional 6 calendar months.
8147
(5) For purposes of this section, a conviction is any
8148
disposition other than acquittal or dismissal.
8149
(6) A blue crab endorsement may not be renewed until all
8150
fees and administrative penalties imposed under this section are
8151
paid.
8152
(7) Subsections (3), (4), (5), and (6) shall expire on July
8153
1, 2009, unless reenacted by the Legislature during the 2009
8154
Regular Session.
8155
Section 151. Section 370.14, Florida Statutes, is
8156
renumbered as section 379.367, Florida Statutes, and amended to
8157
read:
8158
379.367 370.14 Spiny lobster; regulation.--
8159
(1) It is the intent of the Legislature to maintain the
8160
spiny lobster industry for the economy of the state and to
8161
conserve the stocks supplying this industry. The provisions of
8162
this act regulating the taking of spiny lobster are for the
8163
purposes of ensuring and maintaining the highest possible
8164
production of spiny lobster.
8165
(2)(a)1. Each commercial harvester taking or attempting to
8166
take spiny lobster with a trap in commercial quantities or for
8167
commercial purposes shall obtain and exhibit a spiny lobster
8168
endorsement number, as required by the Fish and Wildlife
8169
Conservation Commission. The annual fee for a spiny lobster
8170
endorsement is $125. This endorsement may be issued by the
8171
commission upon the receipt of application by the commercial
8172
harvester when accompanied by the payment of the fee. The design
8173
of the applications and of the trap tag shall be determined by
8174
the commission. Any trap or device used in taking or attempting
8175
to take spiny lobster, other than a trap with the endorsement
8176
number, shall be seized and destroyed by the commission. The
8177
proceeds of the fees imposed by this paragraph shall be deposited
8178
and used as provided in paragraph (b). The commission may adopt
8179
rules to carry out the intent of this section.
8180
2. Each commercial harvester taking or attempting to take
8181
spiny lobster in commercial quantities or for commercial purposes
8182
by any method, other than with a trap having a spiny lobster
8183
endorsement number issued by the commission, must pay an annual
8184
fee of $100.
8185
(b) Twenty-five dollars of the $125 fee for a spiny lobster
8186
endorsement required under subparagraph (a)1. must be used only
8187
for trap retrieval as provided in s. 379.2424 370.143. The
8188
remainder of the fees collected under paragraph (a) shall be
8189
deposited as follows:
8190
1. Fifty percent of the fees collected shall be deposited
8191
in the Marine Resources Conservation Trust Fund for use in
8192
enforcing the provisions of paragraph (a) through aerial and
8193
other surveillance and trap retrieval.
8194
2. Fifty percent of the fees collected shall be deposited
8195
as provided in s. 379.3671(5) 370.142(5).
8196
(3) The spiny lobster endorsement must be on board the
8197
boat, and both the endorsement and the harvested spiny lobster
8198
shall be subject to inspection at all times. Only one endorsement
8199
shall be issued for each boat. The spiny lobster endorsement
8200
number must be prominently displayed above the topmost portion of
8201
the boat so as to be easily and readily identified.
8202
(4)(a) It is unlawful for any person willfully to molest
8203
any spiny lobster traps, lines, or buoys belonging to another
8204
without permission of the licenseholder.
8205
(b) A commercial harvester who violates this subsection
8206
commits a felony of the third degree, punishable as provided in
8208
subsection commits a Level Four violation under s. 379.401
8209
8210
(5) Any spiny lobster licenseholder, upon selling licensed
8211
spiny lobster traps, shall furnish the commission notice of such
8212
sale of all or part of his or her interest within 15 days
8213
thereof. Any holder of said license shall also notify the
8214
commission within 15 days if his or her address no longer
8215
conforms to the address appearing on the license and shall, as a
8216
part of such notification, furnish the commission with his or her
8217
new address.
8218
(6)(a) By a special permit granted by the commission, a
8219
Florida-licensed seafood dealer may lawfully import, process, and
8220
package spiny lobster or uncooked tails of the species Panulirus
8221
argus during the closed season. However, spiny lobster landed
8222
under special permit shall not be sold in the state.
8223
(b) The licensed seafood dealer importing any such spiny
8224
lobster under the permit shall, 12 hours prior to the time the
8225
seagoing vessel or airplane delivering such imported spiny
8226
lobster enters the state, notify the commission as to the
8227
seagoing vessel's name or the airplane's registration number and
8228
its captain, location, and point of destination.
8229
(c) At the time the spiny lobster cargo is delivered to the
8230
permitholder's place of business, the spiny lobster cargo shall
8231
be weighed and shall be available for inspection by the
8232
commission. A signed receipt of such quantity in pounds shall be
8233
forwarded to the commission within 48 hours after shipment weigh-
8234
in completion. If requested by the commission, the weigh-in
8235
process will be delayed up to 4 hours to allow for a commission
8236
representative to be present during the process.
8237
(d) Within 48 hours after shipment weigh-in completion, the
8238
permitholder shall submit to the commission, on forms provided by
8239
the commission, a sworn report of the quantity in pounds of the
8240
spiny lobster received, which report shall include the location
8241
of said spiny lobster and a sworn statement that said spiny
8242
lobster were taken at least 50 miles from Florida's shoreline.
8243
The landing of spiny lobster or spiny lobster tails from which
8244
the eggs, swimmerettes, or pleopods have been removed; the
8245
falsification of information as to area from which spiny lobster
8246
were obtained; or the failure to file the report called for in
8247
this section shall be grounds to revoke the permit.
8248
(e) Each permitholder shall keep throughout the period of
8249
the closed season copies of the bill of sale or invoices covering
8250
each transaction involving spiny lobster imported under this
8251
permit. Such invoices and bills shall be kept available at all
8252
times for inspection by the commission.
8253
(7)(a) A Florida-licensed seafood dealer may obtain a
8254
special permit to import, process, and package uncooked tails of
8255
spiny lobster upon the payment of the sum of $100 to the
8256
commission.
8257
(b) A special permit must be obtained by any airplane or
8258
seagoing vessel other than a common carrier used to transport
8259
spiny lobster or spiny lobster tails for purchase by licensed
8260
seafood dealers for purposes as provided herein upon the payment
8261
of $50.
8262
(c) All special permits issued under this subsection are
8263
nontransferable.
8264
(8) No common carrier or employee of said carrier may
8265
carry, knowingly receive for carriage, or permit the carriage of
8266
any spiny lobster of the species Panulirus argus, regardless of
8267
where taken, during the closed season, except of the species
8268
Panulirus argus lawfully imported from a foreign country for
8269
reshipment outside of the territorial limits of the state under
8270
United States Customs bond or in accordance with paragraph
8271
(7)(a).
8272
Section 152. Section 370.142, Florida Statutes, is
8273
renumbered as section 379.3671, Florida Statutes, and amended to
8274
read:
8275
379.3671 370.142 Spiny lobster trap certificate program.--
8276
(1) INTENT.--Due to rapid growth, the spiny lobster fishery
8277
is experiencing increased congestion and conflict on the water,
8278
excessive mortality of undersized lobsters, a declining yield per
8279
trap, and public concern over petroleum and debris pollution from
8280
existing traps. In an effort to solve these and related problems,
8281
the Legislature intends to develop pursuant to the provisions of
8282
this section a spiny lobster trap certificate program, the
8283
principal goal of which is to stabilize the fishery by reducing
8284
the total number of traps, which should increase the yield per
8285
trap and therefore maintain or increase overall catch levels. The
8286
Legislature seeks to preserve as much flexibility in the program
8287
as possible for the fishery's various constituents and ensure
8288
that any reduction in total trap numbers will be proportioned
8289
equally on a percentage basis among all users of traps in the
8290
fishery.
8291
(2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
8292
PENALTIES.--The Fish and Wildlife Conservation Commission shall
8293
establish a trap certificate program for the spiny lobster
8294
fishery of this state and shall be responsible for its
8295
administration and enforcement as follows:
8296
(a) Transferable trap certificates.--Each holder of a
8297
saltwater products license who uses traps for taking or
8298
attempting to take spiny lobsters shall be required to have a
8299
certificate on record for each trap possessed or used therefor,
8300
except as otherwise provided in this section.
8301
1. Trap certificates are transferable on a market basis and
8302
may be transferred from one licenseholder to another for a fair
8303
market value agreed upon between the transferor and transferee.
8304
Each such transfer shall, within 72 hours thereof, be recorded on
8305
a notarized form provided for that purpose by the Fish and
8306
Wildlife Conservation Commission and hand delivered or sent by
8307
certified mail, return receipt requested, to the commission for
8308
recordkeeping purposes. In order to cover the added
8309
administrative costs of the program and to recover an equitable
8310
natural resource rent for the people of the state, a transfer fee
8311
of $2 per certificate transferred shall be assessed against the
8312
purchasing licenseholder and sent by money order or cashier's
8313
check with the certificate transfer form. Also, in addition to
8314
the transfer fee, a surcharge of $5 per certificate transferred
8315
or 25 percent of the actual market value, whichever is greater,
8316
given to the transferor shall be assessed the first time a
8317
certificate is transferred outside the original transferor's
8318
immediate family. No transfer of a certificate shall be effective
8319
until the commission receives the notarized transfer form and the
8320
transfer fee, including any surcharge, is paid. The commission
8321
may establish by rule an amount of equitable rent per trap
8322
certificate that shall be recovered as partial compensation to
8323
the state for the enhanced access to its natural resources. A
8324
rule establishing an amount of equitable rent shall become
8325
effective only after approval by the Legislature. In determining
8326
whether to establish such a rent and, if so, the amount thereof,
8327
the commission shall consider the amount of revenues annually
8328
generated by certificate fees, transfer fees, surcharges, trap
8329
license fees, and sales taxes, the demonstrated fair market value
8330
of transferred certificates, and the continued economic viability
8331
of the commercial lobster industry. All proceeds of equitable
8332
rent recovered shall be deposited in the Marine Resources
8333
Conservation Trust Fund and used by the commission for research,
8334
management, and protection of the spiny lobster fishery and
8335
habitat. A transfer fee may not be assessed or required when the
8336
transfer is within a family as a result of the death or
8337
disability of the certificate owner. A surcharge will not be
8338
assessed for any transfer within an individual's immediate
8339
family.
8340
2. No person, firm, corporation, or other business entity
8341
may control, directly or indirectly, more than 1.5 percent of the
8342
total available certificates in any license year.
8343
3. The commission shall maintain records of all
8344
certificates and their transfers and shall annually provide each
8345
licenseholder with a statement of certificates held.
8346
4. The number of trap tags issued annually to each
8347
licenseholder shall not exceed the number of certificates held by
8348
the licenseholder at the time of issuance, and such tags and a
8349
statement of certificates held shall be issued simultaneously.
8350
5. It is unlawful for any person to lease spiny lobster
8351
trap tags or certificates.
8352
(b) Trap tags.--Each trap used to take or attempt to take
8353
spiny lobsters in state waters or adjacent federal waters shall,
8354
in addition to the spiny lobster endorsement number required by
8355
s. 379.367(2) 370.14(2), have affixed thereto an annual trap tag
8356
issued by the commission. Each such tag shall be made of durable
8357
plastic or similar material and shall, based on the number of
8358
certificates held, have stamped thereon the owner's license
8359
number. To facilitate enforcement and recordkeeping, such tags
8360
shall be issued each year in a color different from that of each
8361
of the previous 3 years. The annual certificate fee shall be $1
8362
per certificate. Replacement tags for lost or damaged tags may be
8363
obtained as provided by rule of the commission. In the event of a
8364
major natural disaster, such as a hurricane or major storm, that
8365
causes massive trap losses within an area declared by the
8366
Governor to be a disaster emergency area, the commission may
8367
temporarily defer or waive replacement tag fees.
8368
(c) Prohibitions; penalties.--
8369
1. It is unlawful for a person to possess or use a spiny
8370
lobster trap in or on state waters or adjacent federal waters
8371
without having affixed thereto the trap tag required by this
8372
section. It is unlawful for a person to possess or use any other
8373
gear or device designed to attract and enclose or otherwise aid
8374
in the taking of spiny lobster by trapping that is not a trap as
8375
defined by commission rule.
8376
2. It is unlawful for a person to possess or use spiny
8377
lobster trap tags without having the necessary number of
8378
certificates on record as required by this section.
8379
3. It is unlawful for any person to willfully molest, take
8380
possession of, or remove the contents of another harvester's
8381
spiny lobster trap without the express written consent of the
8382
trap owner available for immediate inspection. Unauthorized
8383
possession of another's trap gear or removal of trap contents
8384
constitutes theft.
8385
a. A commercial harvester who violates this subparagraph
8386
shall be punished under ss. 379.367 and 379.407 370.021 and
8387
370.14. Any commercial harvester receiving a judicial disposition
8388
other than dismissal or acquittal on a charge of theft of or from
8389
a trap pursuant to this subparagraph or s. 379.402 370.1107
8390
shall, in addition to the penalties specified in ss. 379.367 and
8392
permanently lose all his or her saltwater fishing privileges,
8393
including his or her saltwater products license, spiny lobster
8394
endorsement, and all trap certificates allotted to him or her
8395
through this program. In such cases, trap certificates and
8396
endorsements are nontransferable.
8397
b. Any commercial harvester receiving a judicial
8398
disposition other than dismissal or acquittal on a charge of
8399
willful molestation of a trap, in addition to the penalties
8401
lose all saltwater fishing privileges for a period of 24 calendar
8402
months.
8403
c. In addition, any commercial harvester charged with
8404
violating this subparagraph and receiving a judicial disposition
8405
other than dismissal or acquittal for violating this subparagraph
8406
or s. 379.402 370.1107 shall also be assessed an administrative
8407
penalty of up to $5,000.
8408
8409
Immediately upon receiving a citation for a violation involving
8410
theft of or from a trap, or molestation of a trap, and until
8411
adjudicated for such a violation or, upon receipt of a judicial
8412
disposition other than dismissal or acquittal of such a
8413
violation, the commercial harvester committing the violation is
8414
prohibited from transferring any spiny lobster trap certificates
8415
and endorsements.
8416
4. In addition to any other penalties provided in s.
8417
379.407 370.021, a commercial harvester who violates the
8418
provisions of this section or commission rules relating to spiny
8419
lobster traps shall be punished as follows:
8420
a. If the first violation is for violation of subparagraph
8421
1. or subparagraph 2., the commission shall assess an additional
8422
administrative penalty of up to $1,000. For all other first
8423
violations, the commission shall assess an additional
8424
administrative penalty of up to $500.
8425
b. For a second violation of subparagraph 1. or
8426
subparagraph 2. which occurs within 24 months of any previous
8427
such violation, the commission shall assess an additional
8428
administrative penalty of up to $2,000 and the spiny lobster
8429
endorsement issued under s. 379.367(2) or (6) 370.14(2) or (6)
8430
may be suspended for the remainder of the current license year.
8431
c. For a third or subsequent violation of subparagraph 1.,
8432
subparagraph 2., or subparagraph 3. which occurs within 36 months
8433
of any previous two such violations, the commission shall assess
8434
an additional administrative penalty of up to $5,000 and may
8435
suspend the spiny lobster endorsement issued under s. 379.367(2)
8436
or (6) 370.14(2) or (6) for a period of up to 24 months or may
8437
revoke the spiny lobster endorsement and, if revoking the spiny
8438
lobster endorsement, may also proceed against the licenseholder's
8439
saltwater products license in accordance with the provisions of
8440
s. 379.407(2)(h) 370.021(2)(h).
8441
d. Any person assessed an additional administrative penalty
8442
pursuant to this section shall within 30 calendar days after
8443
notification:
8444
(I) Pay the administrative penalty to the commission; or
8445
(II) Request an administrative hearing pursuant to the
8447
e. The commission shall suspend the spiny lobster
8448
endorsement issued under s. 379.367(2) or (6) 370.14(2) or (6)
8449
for any person failing to comply with the provisions of sub-
8450
subparagraph d.
8451
5.a. It is unlawful for any person to make, alter, forge,
8452
counterfeit, or reproduce a spiny lobster trap tag or
8453
certificate.
8454
b. It is unlawful for any person to knowingly have in his
8455
or her possession a forged, counterfeit, or imitation spiny
8456
lobster trap tag or certificate.
8457
c. It is unlawful for any person to barter, trade, sell,
8458
supply, agree to supply, aid in supplying, or give away a spiny
8459
lobster trap tag or certificate or to conspire to barter, trade,
8460
sell, supply, aid in supplying, or give away a spiny lobster trap
8461
tag or certificate unless such action is duly authorized by the
8462
commission as provided in this chapter or in the rules of the
8463
commission.
8464
6.a. Any commercial harvester who violates the provisions
8465
of subparagraph 5., or any commercial harvester who engages in
8466
the commercial harvest, trapping, or possession of spiny lobster
8467
without a spiny lobster endorsement as required by s. 379.367(2)
8468
or (6) 370.14(2) or (6) or during any period while such spiny
8469
lobster endorsement is under suspension or revocation, commits a
8470
felony of the third degree, punishable as provided in s. 775.082,
8472
b. In addition to any penalty imposed pursuant to sub-
8473
subparagraph a., the commission shall levy a fine of up to twice
8474
the amount of the appropriate surcharge to be paid on the fair
8475
market value of the transferred certificates, as provided in
8476
subparagraph (a)1., on any commercial harvester who violates the
8477
provisions of sub-subparagraph 5.c.
8478
c. In addition to any penalty imposed pursuant to sub-
8479
subparagraph a., any commercial harvester receiving any judicial
8480
disposition other than acquittal or dismissal for a violation of
8481
subparagraph 5. shall be assessed an administrative penalty of up
8482
to $5,000, and the spiny lobster endorsement under which the
8483
violation was committed may be suspended for up to 24 calendar
8484
months. Immediately upon issuance of a citation involving a
8485
violation of subparagraph 5. and until adjudication of such a
8486
violation, and after receipt of any judicial disposition other
8487
than acquittal or dismissal for such a violation, the commercial
8488
harvester holding the spiny lobster endorsement listed on the
8489
citation is prohibited from transferring any spiny lobster trap
8490
certificates.
8491
d. Any other person who violates the provisions of
8492
subparagraph 5. commits a Level Four violation under s. 379.401
8493
8494
7. Any certificates for which the annual certificate fee is
8495
not paid for a period of 3 years shall be considered abandoned
8496
and shall revert to the commission. During any period of trap
8497
reduction, any certificates reverting to the commission shall
8498
become permanently unavailable and be considered in that amount
8499
to be reduced during the next license-year period. Otherwise, any
8500
certificates that revert to the commission are to be reallotted
8501
in such manner as provided by the commission.
8502
8. The proceeds of all administrative penalties collected
8503
pursuant to subparagraph 4. and all fines collected pursuant to
8504
sub-subparagraph 6.b. shall be deposited into the Marine
8505
Resources Conservation Trust Fund.
8506
9. All traps shall be removed from the water during any
8507
period of suspension or revocation.
8508
10. Except as otherwise provided, any person who violates
8509
this paragraph commits a Level Two violation under s. 379.401
8510
8511
(d) No vested rights.--The trap certificate program shall
8512
not create vested rights in licenseholders whatsoever and may be
8513
altered or terminated as necessary to protect the spiny lobster
8514
resource, the participants in the fishery, or the public
8515
interest.
8516
(3) TRAP REDUCTION.--The objective of the overall trap
8517
certificate program is to reduce the number of traps used in the
8518
spiny lobster fishery to the lowest number that will maintain or
8519
increase overall catch levels, promote economic efficiency in the
8520
fishery, and conserve natural resources. Therefore, the Marine
8521
Fisheries Commission shall set an overall trap reduction goal
8522
based on maintaining or maximizing a sustained harvest from the
8523
spiny lobster fishery. To reach that goal, the Marine Fisheries
8524
Commission shall, by July 1, 1992, set an annual trap reduction
8525
schedule, not to exceed 10 percent per year, applicable to all
8526
certificateholders until the overall trap reduction goal is
8527
reached. All certificateholders shall have their certificate
8528
holdings reduced by the same percentage of certificates each year
8529
according to the trap reduction schedule. Until July 1, 1999, the
8530
Department of Environmental Protection shall issue the number of
8531
trap tags authorized by the Marine Fisheries Commission, as
8532
requested, and a revised statement of certificates held.
8533
Beginning July 1, 1999, the Fish and Wildlife Conservation
8534
Commission shall annually issue the number of trap tags
8535
authorized by the commission's schedule, as requested, and a
8536
revised statement of certificates held. Certificateholders may
8537
maintain or increase their total number of certificates held by
8538
purchasing available certificates from within the authorized
8539
total. The Fish and Wildlife Conservation Commission shall
8540
provide for an annual evaluation of the trap reduction process
8541
and shall suspend the annual percentage reductions for any period
8542
deemed necessary by the commission in order to assess the impact
8543
of the trap reduction schedule on the fishery. The Fish and
8544
Wildlife Conservation Commission may then, by rule, resume,
8545
terminate, or reverse the schedule as it deems necessary to
8546
protect the spiny lobster resource and the participants in the
8547
fishery.
8548
(4) TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS
8549
BOARD.--There is hereby established the Trap Certificate
8550
Technical Advisory and Appeals Board. Such board shall consider
8551
and advise the commission on disputes and other problems arising
8552
from the implementation of the spiny lobster trap certificate
8553
program. The board may also provide information to the commission
8554
on the operation of the trap certificate program.
8555
(a) The board shall consist of the executive director of
8556
the commission or designee and nine other members appointed by
8557
the executive director, according to the following criteria:
8558
1. All appointed members shall be certificateholders, but
8559
two shall be holders of fewer than 100 certificates, two shall be
8560
holders of at least 100 but no more than 750 certificates, three
8561
shall be holders of more than 750 but not more than 2,000
8562
certificates, and two shall be holders of more than 2,000
8563
certificates.
8564
2. At least one member each shall come from Broward, Dade,
8565
and Palm Beach Counties; and five members shall come from the
8566
various regions of the Florida Keys.
8567
3. At least one appointed member shall be a person of
8568
Hispanic origin capable of speaking English and Spanish.
8569
(b) The term of each appointed member shall be for 4 years,
8570
and any vacancy shall be filled for the balance of the unexpired
8571
term with a person of the qualifications necessary to maintain
8572
the requirements of paragraph (a). There shall be no limitation
8573
on successive appointments to the board.
8574
(c) The executive director of the commission or designee
8575
shall serve as a member and shall call the organizational meeting
8576
of the board. The board shall annually elect a chair and a vice
8577
chair. There shall be no limitation on successive terms that may
8578
be served by a chair or vice chair. The board shall meet at the
8579
call of its chair, at the request of a majority of its
8580
membership, at the request of the commission, or at such times as
8581
may be prescribed by its rules. A majority of the board shall
8582
constitute a quorum, and official action of the board shall
8583
require a majority vote of the total membership of the board
8584
present at the meeting.
8585
(d) The procedural rules adopted by the board shall conform
8586
to the requirements of chapter 120.
8587
(e) Members of the board shall be reimbursed for per diem
8588
and travel expenses as provided in s. 112.061.
8589
(f) Upon reaching a decision on any dispute or problem
8590
brought before it, including any decision involving the allotment
8591
of certificates under paragraph (g), the board shall submit such
8592
decision to the executive director of the commission for final
8593
approval. The executive director of the commission may alter or
8594
disapprove any decision of the board, with notice thereof given
8595
in writing to the board and to each party in the dispute
8596
explaining the reasons for the disapproval. The action of the
8597
executive director of the commission constitutes final agency
8598
action.
8599
(g) In addition to those certificates allotted pursuant to
8600
the provisions of subparagraph (2)(a)1., up to 125,000
8601
certificates may be allotted by the board to settle disputes or
8602
other problems arising from implementation of the trap
8603
certificate program during the 1992-1993 and 1993-1994 license
8604
years. Any certificates not allotted by March 31, 1994, shall
8605
become permanently unavailable and shall be considered as part of
8606
the 1994-1995 reduction schedule. All appeals for additional
8607
certificates or other disputes must be filed with the board
8608
before October 1, 1993.
8609
(h) Any trap certificates issued by the Department of
8610
Environmental Protection and, effective July 1, 1999, the
8611
commission as a result of the appeals process must be added to
8612
the existing number of trap certificates for the purposes of
8613
determining the total number of certificates from which the
8614
subsequent season's trap reduction is calculated.
8615
(i) On and after July 1, 1994, the board shall no longer
8616
consider and advise the Fish and Wildlife Conservation Commission
8617
on disputes and other problems arising from implementation of the
8618
trap certificate program nor allot any certificates with respect
8619
thereto.
8620
(5) DISPOSITION OF FEES AND SURCHARGES.--Transfer fees and
8621
surcharges, annual trap certificate fees, and recreational tag
8622
fees collected pursuant to paragraphs (2)(a) and (b) shall be
8623
deposited in the Marine Resources Conservation Trust Fund and
8624
used for administration of the trap certificate program, research
8625
and monitoring of the spiny lobster fishery, and enforcement and
8626
public education activities in support of the purposes of this
8627
section and shall also be for the use of the Fish and Wildlife
8628
Conservation Commission in evaluating the impact of the trap
8629
reduction schedule on the spiny lobster fishery; however, at
8630
least 15 percent of the fees and surcharges collected shall be
8631
provided to the commission for such evaluation.
8632
(6) RULEMAKING AUTHORITY.--The Fish and Wildlife
8633
Conservation Commission may adopt rules to implement the
8634
provisions of this section.
8635
(7) For the 2006-2007 fiscal year only, the trap tag fees
8636
required by this section shall be waived by the commission. This
8637
subsection expires July 1, 2007.
8638
Section 153. Subsections (2),(3), and (4) of section
8639
370.143, Florida Statutes, are renumbered as section 379.368,
8640
Florida Statutes, and amended to read:
8641
379.368 370.143 Fees for the retrieval of spiny lobster,
8642
stone crab, blue crab, and black sea bass traps during closed
8643
season; commission authority; fees.--
8644
(1)(2) Pursuant to s. 379.2424, the commission shall assess
8645
trap owners, and collect, a retrieval fee of $10 per trap
8646
retrieved shall be assessed trap owners. However, for each person
8647
holding a spiny lobster endorsement, a stone crab endorsement, or
8648
a blue crab endorsement issued under rule of the commission, the
8649
retrieval fee shall be waived for the first five traps retrieved.
8650
Traps recovered under this program shall become the property of
8651
the commission or its contract agent, as determined by the
8652
commission, and shall be either destroyed or resold to the
8653
original owner. Revenue from retrieval fees shall be deposited in
8654
the Marine Resources Conservation Trust Fund and used solely for
8655
operation of the trap retrieval program.
8656
(2)(3) Payment of all assessed retrieval fees shall be
8657
required prior to renewal of the trap owner's saltwater products
8658
license. Retrieval fees assessed under this program shall stand
8659
in lieu of other penalties imposed for such trap violations.
8660
(3)(4) In the event of a major natural disaster, such as a
8661
hurricane or major storm, that causes massive trap losses within
8662
an area declared by the Governor to be a disaster emergency area,
8663
the commission shall waive trap retrieval fees.
8664
Section 154. Section 370.1535, Florida Statutes, is
8665
renumbered as section 379.369, Florida Statutes, and amended to
8666
read:
8667
379.369 370.1535 Fees for Regulation of shrimp fishing in
8668
Tampa Bay; licensing requirements.--
8669
(1) No person shall operate as a dead shrimp producer in
8670
any waters of Tampa Bay unless such person has procured from the
8671
Fish and Wildlife Conservation Commission a dead shrimp
8672
production permit.
8673
(2) The Fish and Wildlife Conservation Commission is
8674
authorized to issue a dead shrimp production permit to persons
8675
qualified pursuant to the following criteria:
8676
(a) The person has submitted an application designed by the
8677
commission for such permit.
8678
(b) One permit is required for each vessel used for dead
8679
shrimp production in the waters of Tampa Bay. A permit shall only
8680
be issued to an individual who is the principal owner of the
8681
vessel or of the business entity owning the vessel and utilizing
8682
the permit. No more than three permits shall be issued to any
8683
individual.
8684
(c) Each application for a permit to shrimp fish in the
8685
waters of Tampa Bay shall be accompanied by a fee of $250 for
8686
each resident of the state and $1,000 for each nonresident of the
8687
state. The proceeds of the fees collected pursuant to this
8688
paragraph shall be deposited into the Marine Resources
8689
Conservation Trust Fund to be used by the commission for the
8690
purpose of enforcement of marine resource laws.
8691
(d) No person shall be issued a permit or be allowed to
8692
renew a permit if such person is registered for noncommercial
8693
trawling pursuant to s. 370.15(4).
8694
(e) Each applicant shall make application prior to June 30,
8695
1992, and shall hold any other license or registration required
8696
to operate a commercial fishing vessel in Tampa Bay on the date
8697
of application.
8698
(3) Each permit issued in the base year of 1992 shall be
8699
renewable by June 30 in each subsequent year upon application
8700
meeting the requirements for issuance for an initial permit
8701
pursuant to subsection (2). The number of permits outstanding in
8702
any one year shall not exceed the number issued for 1992. No
8703
permit shall be transferable by any method, including devise or
8704
inheritance, and a permit shall be renewable only by the initial
8705
holder thereof. All permits not renewed for any reason shall
8706
expire and shall not be renewable under any circumstances.
8707
(4) No person harvesting dead shrimp from Tampa Bay shall
8708
sell such shrimp to any person unless such seller is in
8709
possession of a dead shrimp production permit issued pursuant to
8710
this section. Except for purchases from other wholesale dealers,
8711
no wholesale dealer, as defined in s. 370.07(1)(a)3., shall
8712
purchase dead shrimp harvested in Tampa Bay, unless the seller
8713
produces his or her dead shrimp production permit prior to the
8714
sale of the shrimp.
8715
(5) The operator of any vessel used in Tampa Bay for dead
8716
shrimp production shall possess while in or on the waters of the
8717
bay and produce upon the request of any duly authorized law
8718
enforcement officer a current dead shrimp production permit
8719
issued for the vessel pursuant to this section.
8720
(6) Each person harvesting shrimp in Tampa Bay pursuant to
8721
the permit required by this section shall comply with all rules
8722
of the Fish and Wildlife Conservation Commission regulating such
8723
harvest.
8724
(7) For purpose of this section, "Tampa Bay" means all the
8725
waters of the bay east and north of the Sunshine Skyway Bridge
8726
(U.S. 19 and Interstate 275).
8727
Section 155. Section 379.3711, Florida Statutes, is created
8728
to read:
8729
379.3711 License fee for private game preserves and
8730
farms.--The licensee fee for establishing, maintaining, and
8731
operating a private preserve and farm pursuant to s. 379.302 is
8732
$50 per year. The fee is payable to the commission and shall be
8733
deposited in the State Game Trust Fund.
8734
Section 156. Section 372.661, Florida Statutes, is
8735
renumbered as section 379.3712, Florida Statutes, and amended to
8736
read:
8737
379.3712 372.661 Private hunting preserve license fees;
8738
exception.--
8739
(1) Any person who operates a private hunting preserve
8740
commercially or otherwise shall be required to pay a license fee
8741
of $70 for each such preserve; provided, however, that during the
8742
open season established for wild game of any species a private
8743
individual may take artificially propagated game of such species
8744
up to the bag limit prescribed for the particular species without
8745
being required to pay the license fee required by this section;
8746
provided further that if any such individual shall charge a fee
8747
for taking such game she or he shall be required to pay the
8748
license fee required by this section and to comply with the rules
8749
of the commission relative to the operation of private hunting
8750
preserves.
8751
(2) A commercial hunting preserve license, which shall
8752
exempt patrons of licensed preserves from the license and permit
8753
requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j)
8754
372.57(4)(c), (d), (f), (h), (i), and (j); (5)(g) and (h);
8755
(8)(a), (b), and (e); (9)(a)2.; (11); and (12) while hunting on
8756
the licensed preserve property, shall be $500. Such commercial
8757
hunting preserve license shall be available only to those private
8758
hunting preserves licensed pursuant to this section which are
8759
operated exclusively for commercial purposes, which are open to
8760
the public, and for which a uniform fee is charged to patrons for
8761
hunting privileges.
8762
Section 157. Section 372.86, Florida Statutes, is
8763
renumbered as section 379.372, Florida Statutes, to read:
8764
379.372 372.86 Capturing, keeping, possessing,
8765
transporting, or exhibiting venomous reptiles or reptiles of
8766
concern; license required.--
8767
(1) No person, firm, or corporation shall capture, keep,
8768
possess, or exhibit any poisonous or venomous reptile or reptile
8769
of concern without first having obtained a special permit or
8770
license therefor from the Fish and Wildlife Conservation
8771
Commission as provided in this section.
8772
(2) By December 31, 2007, the commission shall establish a
8773
list of reptiles of concern, including venomous, nonvenomous,
8774
native, nonnative, or other reptiles, which require additional
8775
regulation for capture, possession, transportation, or exhibition
8776
due to their nature, habits, status, or potential to negatively
8777
impact the environment, ecology, or humans.
8778
(3) It shall be unlawful for any person, firm, or
8779
corporation, whether licensed hereunder or not, to capture, keep,
8780
possess, or exhibit any venomous reptile or reptile of concern in
8781
any manner not approved as safe, secure, and proper by the
8782
commission. Venomous reptiles or reptiles of concern held in
8783
captivity are subject to inspection by the commission. The
8784
commission shall determine whether the reptiles are securely,
8785
safely, and properly penned. In the event that the reptiles are
8786
not safely penned, the commission shall report the situation in
8787
writing to the person, firm, or corporation owning the reptiles.
8788
Failure of the person, firm, or corporation to correct the
8789
situation within 30 days after such written notice shall be
8790
grounds for revocation of the license or permit of the person,
8791
firm, or corporation.
8792
(4) Venomous reptiles or reptiles of concern shall be
8793
transported in a safe, secure, and proper manner. The commission
8794
shall establish by rule the requirements for the transportation
8795
of venomous reptiles or reptiles of concern.
8796
Section 158. Section 372.87, Florida Statutes, is
8797
renumbered as 379.373, Florida Statutes, to read:
8798
379.373 372.87 License fee; renewal, revocation.--
8799
(1)(a) The Fish and Wildlife Conservation Commission is
8800
authorized and empowered to issue a license or permit for the
8801
capturing, keeping, possessing, or exhibiting of venomous
8802
reptiles, upon payment of an annual fee of $100 and upon
8803
assurance that all of the provisions of ss. 379.372-379.305 and
8805
and regulations as the commission may prescribe will be fully
8806
complied with in all respects.
8807
(b) The Fish and Wildlife Conservation Commission is
8808
authorized and empowered to issue a license or permit for the
8809
capturing, keeping, possessing, or exhibiting of reptiles of
8810
concern upon payment of an annual fee not to exceed $100 and upon
8811
assurance that all of the provisions of ss. 379.305, 379.372,
8813
rules and regulations as the commission may prescribe will be
8814
fully complied with in all respects. The annual fee for issuance
8815
or renewal of a license or permit under this paragraph for
8816
reptiles of concern is initially set at $100. However, the
8817
commission may reduce that annual fee by rule if the commission
8818
determines that there is general compliance with ss. 379.305,
8820
compliance allows for a reduction in fees to cover the costs of
8821
administering and enforcing the reptiles of concern program. The
8822
commission may issue a license or permit to an applicant who
8823
holds a current and valid license or permit for venomous reptiles
8824
under paragraph (a) and meets all requirements for the capturing,
8825
keeping, possessing, or exhibiting of reptiles of concern, but
8826
shall not require payment of an additional annual fee.
8827
(2) Such permits or licenses may be revoked by the
8828
commission upon violation of any of the provisions of ss.
8830
violation of any of the rules and regulations prescribed by the
8831
commission relating to the capturing, keeping, possessing, and
8832
exhibiting of any venomous reptiles or reptiles of concern. Such
8833
permits or licenses shall be for an annual period to be
8834
prescribed by the commission and shall be renewable upon the
8835
payment of said fee and shall be subject to the same conditions,
8836
limitations, and restrictions as set forth in this section. All
8837
moneys received pursuant to this section shall be deposited into
8838
the State Game Trust Fund to be used to implement, administer,
8839
enforce, and educate the public regarding ss. 379.305, 379.372,
8841
Section 159. Section 372.88, Florida Statutes, is
8842
renumbered as section 379.374, Florida Statutes, to read:
8843
379.374 372.88 Bond required, amount.--
8844
(1) No person, party, firm, or corporation shall exhibit to
8845
the public either with or without charge or admission fee any
8846
venomous reptile without having first posted a good and
8847
sufficient bond in writing in the penal sum of $10,000 payable to
8848
the commission, conditioned that such exhibitor will indemnify
8849
and save harmless all persons from injury or damage from such
8850
venomous reptiles so exhibited and shall fully comply with all
8851
laws of the state and all rules and regulations of the commission
8852
governing the capturing, keeping, possessing, or exhibiting of
8853
venomous reptiles; provided, however, that the aggregate
8854
liability of the surety for all such injuries or damages shall,
8855
in no event, exceed the penal sum of the bond. The surety for the
8856
bond must be a surety company authorized to do business under the
8857
laws of the state or in lieu of such a surety, cash in the sum of
8858
$10,000 may be posted with the commission to ensure compliance
8859
with the conditions of the bond.
8860
(2) No person, party, firm, or corporation shall exhibit to
8861
the public either with or without charge or admission fee, any
8862
Class I wildlife, as defined in s. 379.303 372.922 and commission
8863
rule chapter 68A-6, Florida Administrative Code, without having
8864
first guaranteed financial responsibility, in the sum of $10,000,
8865
for any liability which may be incurred in the exhibition to the
8866
public of Class I wildlife. The commission shall adopt, by rule,
8867
the methods of payment that satisfy the financial responsibility,
8868
which may include cash, the establishment of a trust fund, an
8869
irrevocable letter of credit, casualty insurance, a corporate
8870
guarantee, or any combination thereof, in the sum of $10,000
8871
which shall be posted with the commission. In lieu of the $10,000
8872
financial responsibility guarantee required in this subsection,
8873
the exhibiter has the option to maintain comprehensive general
8874
liability insurance, with minimum limits of $2 million per
8875
occurrence and $2 million annual aggregate, as shall protect the
8876
exhibiter from claims for damage for personal injury, including
8877
accidental death, as well as claims for property damage which may
8878
arise. Proof of such insurance shall be submitted to the
8879
commission.
8880
Section 160. Section 372.6673, Florida Statutes, is
8881
renumbered as section 379.3751, Florida Statutes, to read:
8882
379.3751 372.6673 Taking and possession of alligators;
8883
trapping licenses; fees.--
8884
(1)(a) No person shall take or possess any alligator or the
8885
eggs thereof without having first obtained from the commission a
8886
trapping license and paid the fee provided in this section. Such
8887
license shall be dated when issued and remain valid for 12 months
8888
after the date of issuance and shall authorize the person to whom
8889
it is issued to take or possess alligators and their eggs, and to
8890
sell, possess, and process alligators and their hides and meat,
8891
in accordance with law and commission rules. Such license shall
8892
not be transferable and shall not be valid unless it bears on its
8893
face in indelible ink the name of the person to whom it is
8894
issued. Such license shall be in the personal possession of the
8895
licensee while such person is taking alligators or their eggs or
8896
is selling, possessing, or processing alligators or their eggs,
8897
hides, or meat. The failure of the licensee to exhibit such
8898
license to the commission or its wildlife officers, when such
8899
person is found taking alligators or their eggs or is found
8900
selling, possessing, or processing alligators or their eggs,
8901
hides, or meat, shall be a violation of law.
8902
(b) In order to assure the optimal utilization of the
8903
estimated available alligator resource and to ensure adequate
8904
control of the alligator management and harvest program, the
8905
commission may by rule limit the number of participants engaged
8906
in the taking of alligators or their eggs from the wild.
8907
(c) No person who has been convicted of any violation of s.
8909
the commission relating to the illegal taking of crocodilian
8910
species shall be eligible for issuance of a license for a period
8911
of 5 years subsequent to such conviction. In the event such
8912
violation involves the unauthorized taking of an endangered
8913
crocodilian species, no license shall be issued for 10 years
8914
subsequent to the conviction.
8915
(2) The license and issuance fee, and the activity
8916
authorized thereby, shall be as follows:
8917
(a) The annual fee for issuance of a resident alligator
8918
trapping license, which permits a resident of the state to take
8919
alligators occurring in the wild other than alligator hatchlings,
8920
to possess and process alligators taken under authority of such
8921
alligator trapping license or otherwise legally acquired, and to
8922
possess, process, and sell their hides and meat, shall be $250.
8923
(b) The annual fee for issuance of a nonresident alligator
8924
trapping license, which permits a person other than a resident of
8925
the state to take alligators occurring in the wild other than
8926
alligator hatchlings, to possess and process alligators taken
8927
under authority of such alligator trapping license, and to
8928
possess, process, and sell their hides and meat, shall be $1,000.
8929
(c) The annual fee for issuance of an alligator trapping
8930
agent's license, which permits a person to act as an agent of any
8931
person who has been issued a resident or nonresident alligator
8932
trapping license as provided in paragraph (a) or paragraph (b)
8933
and to take alligators occurring in the wild other than alligator
8934
hatchlings, and to possess and process alligators taken under
8935
authority of such agency relationship, shall be $50. Such
8936
alligator trapping agent's license shall be issued only in
8937
conjunction with an alligator trapping license and shall bear on
8938
its face in indelible ink the name and license number of the
8939
alligator trapping licenseholder for whom the holder of this
8940
license is acting as an agent.
8941
(d) The annual fee for issuance of an alligator farming
8942
license, which permits a person to operate a facility for captive
8943
propagation of alligators, to possess alligators for captive
8944
propagation, to take alligator hatchlings and alligator eggs
8945
occurring in the wild, to rear such alligators, alligator
8946
hatchlings, and alligator eggs in captivity, to process
8947
alligators taken or possessed under authority of such alligator
8948
farming license or otherwise legally acquired, and to sell their
8949
hides and meat, shall be $250.
8950
(e) The annual fee for issuance of an alligator farming
8951
agent's license, which permits a person to act as an agent of any
8952
person who has been issued an alligator farming license as
8953
provided in paragraph (d) and to take alligator hatchlings and
8954
alligator eggs occurring in the wild, and to possess and process
8955
alligators taken under authority of such agency relationship,
8956
shall be $50. Such license shall be issued only in conjunction
8957
with an alligator farming license, and shall bear on its face in
8958
indelible ink the name and license number of the alligator
8959
farming licenseholder for whom the holder of this license is
8960
acting as an agent.
8961
(f) The annual fee for issuance of an alligator processor's
8962
license, which permits a person to buy and process alligators
8963
lawfully taken by alligator trapping licenseholders and taken or
8964
possessed by alligator farming licenseholders and to sell
8965
alligator meat, hides, and other parts, shall be $250.
8966
(3) For the purpose of this section, "process" shall mean
8967
the possession and skinning or butchering of an alligator by
8968
someone other than the holder of the alligator trapping license,
8969
alligator trapping agent's license, alligator farming license, or
8970
alligator farming agent's license who has authorized the taking
8971
and possession of such alligator.
8972
(4) No person shall take any alligator egg occurring in the
8973
wild or possess any such egg unless such person has obtained, or
8974
is a licensed agent of another person who has obtained, an
8975
alligator egg collection permit. The alligator egg collection
8976
permit shall be required in addition to the alligator farming
8977
license provided in paragraph (2)(d). The commission is
8978
authorized to assess a fee for issuance of the alligator egg
8979
collection permit of up to $5 per egg authorized to be taken or
8980
possessed pursuant to such permit. Irrespective of whether a fee
8981
is assessed, $1 per egg collected and retained, excluding eggs
8982
collected on private wetland management areas, shall be
8983
transferred from the alligator management program to the General
8984
Inspection Trust Fund, to be administered by the Department of
8985
Agriculture and Consumer Services for the purpose of providing
8986
marketing and education services with respect to alligator
8987
products produced in this state, notwithstanding other provisions
8988
in this chapter.
8989
(5) The commission shall adopt criteria by rule to
8990
establish appropriate qualifications for alligator collectors who
8991
may receive permits pursuant to this section.
8992
Section 161. Section 372.6674, Florida Statutes, is
8993
renumbered as section 379.3752, Florida Statutes, and amended to
8994
read:
8995
379.3752 372.6674 Required tagging of alligators and hides;
8996
fees; revenues.--The tags provided in this section shall be
8997
required in addition to any license required under s. 379.3751
8998
8999
(1) No person shall take any alligator occurring in the
9000
wild or possess any such alligator unless such alligator is
9001
subsequently tagged in the manner required by commission rule.
9002
For the tag required for an alligator hatchling, the commission
9003
is authorized to assess a fee of not more than $15 for each
9004
alligator hatchling tag issued. The commission shall expend one-
9005
third of the revenue generated from the issuance of the alligator
9006
hatchling tag for alligator husbandry research.
9007
(2) The commission may require that an alligator hide
9008
validation tag (CITES tag) be affixed to the hide of any
9009
alligator taken from the wild and that such hide be possessed,
9010
purchased, sold, offered for sale, or transported in accordance
9011
with commission rule. The commission is authorized to assess a
9012
fee of up to $30 for each alligator hide validation tag issued.
9013
Irrespective of whether a fee is assessed, $5 per validated hide,
9014
excluding those validated from public hunt programs and alligator
9015
farms, shall be transferred from the alligator management program
9016
to the General Inspection Trust Fund, to be administered by the
9017
Department of Agriculture and Consumer Services for the purpose
9018
of providing marketing and education services with respect to
9019
alligator products produced in this state, notwithstanding other
9020
provisions in this chapter.
9021
(3) The number of tags available for alligators taken
9022
pursuant to a collection permit shall be limited to the number of
9023
tags determined by the commission to equal the safe yield of
9024
alligators as determined pursuant to s. 379.3013 372.6678.
9025
Section 162. Subsections (1), (2), (3), (7) and (8) of
9026
section 372.921, Florida Statutes, are renumbered as section
9027
379.3761, Florida Statutes, and amended to read:
9028
379.3761 Exhibition or sale of wildlife; fees;
9029
classifications.--
9030
(1) In order to provide humane treatment and sanitary
9031
surroundings for wild animals kept in captivity, no person, firm,
9032
corporation, or association shall have, or be in possession of,
9033
in captivity for the purpose of public display with or without
9034
charge or for public sale any wildlife, specifically birds,
9035
mammals, amphibians, and reptiles, whether indigenous to Florida
9036
or not, without having first secured a permit from the commission
9037
authorizing such person, firm, or corporation to have in its
9038
possession in captivity the species and number of wildlife
9039
specified within such permit; however, this section does not
9040
apply to any wildlife not protected by law and the rules of the
9041
commission.
9042
(2) The fees to be paid for the issuance of permits
9043
required by subsection (1) shall be as follows:
9044
(a) For not more than 25 Class I or Class II individual
9045
specimens in the aggregate of all species, the sum of $150 per
9046
annum.
9047
(b) For over 25 Class I or Class II individual specimens in
9048
the aggregate of all species, the sum of $250 per annum.
9049
(c) For any number of Class III individual specimens in the
9050
aggregate of all species, the sum of $50 per annum.
9051
9052
The fees prescribed by this subsection shall be submitted to the
9053
commission with the application for permit required by subsection
9054
(1) and shall be deposited in the State Game Trust Fund.
9055
(3) An applicant for a permit shall be required to include
9056
in her or his application a statement showing the place, number,
9057
and species of wildlife to be held in captivity by the applicant
9058
and shall be required upon request by the Fish and Wildlife
9059
Conservation Commission to show when, where, and in what manner
9060
she or he came into possession of any wildlife acquired
9061
subsequent to the effective date of this act. The source of
9062
acquisition of such wildlife shall not be divulged by the
9063
commission except in connection with a violation of this section
9064
or a regulation of the commission in which information as to
9065
source of wildlife is required as evidence in the prosecution of
9066
such violation.
9067
(4) (7) The provisions of this section relative to
9068
licensing do not apply to any municipal, county, state, or other
9069
publicly owned wildlife exhibit. The provisions of this section
9070
do not apply to any traveling zoo, circus, or exhibit licensed as
9071
provided by chapter 205.
9072
(5) (8) This section shall not apply to the possession,
9073
control, care, and maintenance of ostriches, emus, rheas, and
9074
bison domesticated and confined for commercial farming purposes,
9075
except those kept and maintained on hunting preserves or game
9076
farms or primarily for exhibition purposes in zoos, carnivals,
9077
circuses, and other such establishments where such species are
9078
kept primarily for display to the public.
9079
Section 163. Subsections (1),(2),(5),(6), and (7) of
9080
section 372.922, Florida Statutes, are renumbered as section
9081
379.3762, Florida Statutes, and amended to read:
9082
379.3762 372.922 Personal possession of wildlife.--
9083
(1) It is unlawful for any person or persons to possess any
9084
wildlife as defined in this act, whether indigenous to Florida or
9085
not, until she or he has obtained a permit as provided by this
9086
section from the Fish and Wildlife Conservation Commission.
9087
(2) The classifications of types of wildlife and fees to be
9088
paid for permits for the personal possession of wildlife shall be
9089
as follows:
9090
(a) Class I--Wildlife which, because of its nature, habits,
9091
or status, shall not be possessed as a personal pet.
9092
(b) Class II--Wildlife considered to present a real or
9093
potential threat to human safety, the sum of $140 per annum.
9094
(c) Class III--All other wildlife not included in Class I
9095
or Class II, for which a no-cost permit must be obtained from the
9096
commission.
9097
(3)(5) Any person, firm, corporation, or association
9098
exhibiting or selling wildlife and being duly permitted as
9099
provided by s. 379.304 372.921 shall be exempt from the fee
9100
requirement to receive a permit under this section.
9101
(4)(6) This section shall not apply to the possession,
9102
control, care, and maintenance of ostriches, emus, rheas, and
9103
bison domesticated and confined for commercial farming purposes,
9104
except those kept and maintained on hunting preserves or game
9105
farms or primarily for exhibition purposes in zoos, carnivals,
9106
circuses, and other such establishments where such species are
9107
kept primarily for display to the public.
9108
(5)(7) Persons in violation of this section shall be
9109
punishable as provided in s. 379.401 372.83.
9110
Section 164. Section 372.653, Florida Statutes, is
9111
renumbered as section 379.377, Florida Statutes, and amended to
9112
read:
9113
379.377 372.653 Tag fees for sale of Lake Okeechobee game
9114
fish Required tagging of fish; lakes in excess of 500 square
9115
miles; tag fee; game fish taken in lakes of 500 square miles or
9116
less.--The commission is authorized to assess a fee of not more
9117
than 5 cents per tag, payable at the time of delivery of the tag,
9118
for the purpose of allowing the sale of game fish taken
9119
commercially from Lake Okeechobee, as may be allowed by the
9120
commission.
9121
(1)(a) No game fish taken from, or caught in, a lake in
9122
this state the area of which is in excess of 500 square miles
9123
shall be sold for consumption in this state unless it is tagged
9124
in the manner required by the Fish and Wildlife Conservation
9125
Commission. Bass or pickerel taken by any method other than hook
9126
and line shall be returned immediately to the water. Trawls and
9127
haul seines shall not be operated within 1 mile of rooted aquatic
9128
vegetation.
9129
(b) In order that such program of tagging be self-
9130
sufficient, the Fish and Wildlife Conservation Commission is
9131
authorized to assess a fee of not more than 5 cents per tag,
9132
payable at the time of delivery of the tag.
9133
(2) No freshwater game fish shall be taken from a lake in
9134
this state the area of which is 500 square miles or less other
9135
than with pole and line; rod and reel; or plug, bob, spinner,
9136
spoon, or other artificial bait or lure.
9137
(3) No freshwater game fish taken from a lake in this state
9138
the area of which is 500 square miles or less shall be offered
9139
for sale or sold.
9140
Section 165. Part VIII of chapter 379, Florida Statutes,
9141
consisting of sections 379.401, 379.4015, 379.402, 379.403,
9142
379.404, 379.405, 379.406, 379.407, 379.408, 379.409, 379.411,
9143
379.4115, 379.412, 379.413, and 379.414, is created to read:
9144
PART VIII
9145
PENALTIES
9146
9147
Section 166. Section 372.83, Florida Statutes, is
9148
renumbered as section 379.401, Florida Statutes, and amended to
9149
read:
9150
379.401 372.83 Penalties and violations; civil penalties
9151
for noncriminal infractions; criminal penalties; suspension and
9152
forfeiture of licenses and permits.--
9153
(1)(a) LEVEL ONE VIOLATIONS.--A person commits a Level One
9154
violation if he or she violates any of the following provisions:
9155
1. Rules or orders of the commission relating to the filing
9156
of reports or other documents required to be filed by persons who
9157
hold recreational licenses and permits issued by the commission.
9158
2. Rules or orders of the commission relating to quota hunt
9159
permits, daily use permits, hunting zone assignments, camping,
9160
alcoholic beverages, vehicles, and check stations within wildlife
9161
management areas or other areas managed by the commission.
9162
3. Rules or orders of the commission relating to daily use
9163
permits, alcoholic beverages, swimming, possession of firearms,
9164
operation of vehicles, and watercraft speed within fish
9165
management areas managed by the commission.
9166
4. Rules or orders of the commission relating to vessel
9167
size or specifying motor restrictions on specified water bodies.
9168
5. Section 379.355 370.063, providing for special
9169
recreational spiny lobster licenses.
9170
6. Section 379.354(1)-(15) 372.57(1)-(15), providing for
9171
recreational licenses to hunt, fish, and trap.
9172
7. Section 379.3581 372.5717, providing hunter safety
9173
course requirements.
9174
8. Section 379.3003 372.988, prohibiting deer hunting
9175
unless required clothing is worn.
9176
(b) A person who commits a Level One violation commits a
9177
noncriminal infraction and shall be cited to appear before the
9178
county court.
9179
(c)1. The civil penalty for committing a Level One
9180
violation involving the license and permit requirements of s.
9181
379.354 372.57 is $50 plus the cost of the license or permit,
9182
unless subparagraph 2. applies.
9183
2. The civil penalty for committing a Level One violation
9184
involving the license and permit requirements of s. 379.354
9185
372.57 is $100 plus the cost of the license or permit if the
9186
person cited has previously committed the same Level One
9187
violation within the preceding 36 months.
9188
(d)1. The civil penalty for any other Level One violation
9189
is $50 unless subparagraph 2. applies.
9190
2. The civil penalty for any other Level One violation is
9191
$100 if the person cited has previously committed the same Level
9192
One violation within the preceding 36 months.
9193
(e) A person cited for a Level One violation shall sign and
9194
accept a citation to appear before the county court. The issuing
9195
officer may indicate on the citation the time and location of the
9196
scheduled hearing and shall indicate the applicable civil
9197
penalty.
9198
(f) A person cited for a Level One violation may pay the
9199
civil penalty by mail or in person within 30 days after receipt
9200
of the citation. If the civil penalty is paid, the person shall
9201
be deemed to have admitted committing the Level One violation and
9202
to have waived his or her right to a hearing before the county
9203
court. Such admission may not be used as evidence in any other
9204
proceedings except to determine the appropriate fine for any
9205
subsequent violations.
9206
(g) A person who refuses to accept a citation, who fails to
9207
pay the civil penalty for a Level One violation, or who fails to
9208
appear before a county court as required commits a misdemeanor of
9209
the second degree, punishable as provided in s. 775.082 or s.
9210
9211
(h) A person who elects to appear before the county court
9212
or who is required to appear before the county court shall be
9213
deemed to have waived the limitations on civil penalties provided
9214
under paragraphs (c) and (d). After a hearing, the county court
9215
shall determine if a Level One violation has been committed, and
9216
if so, may impose a civil penalty of not less than $50 for a
9217
first-time violation, and not more than $500 for subsequent
9218
violations. A person found guilty of committing a Level One
9219
violation may appeal that finding to the circuit court. The
9220
commission of a violation must be proved beyond a reasonable
9221
doubt.
9222
(i) A person cited for violating the requirements of s.
9223
379.354 372.57 relating to personal possession of a license or
9224
permit may not be convicted if, prior to or at the time of a
9225
county court hearing, the person produces the required license or
9226
permit for verification by the hearing officer or the court
9227
clerk. The license or permit must have been valid at the time the
9228
person was cited. The clerk or hearing officer may assess a $5
9229
fee for costs under this paragraph.
9230
(2)(a) LEVEL TWO VIOLATIONS.--A person commits a Level Two
9231
violation if he or she violates any of the following provisions:
9232
1. Rules or orders of the commission relating to seasons or
9233
time periods for the taking of wildlife, freshwater fish, or
9234
saltwater fish.
9235
2. Rules or orders of the commission establishing bag,
9236
possession, or size limits or restricting methods of taking
9237
wildlife, freshwater fish, or saltwater fish.
9238
3. Rules or orders of the commission prohibiting access or
9239
otherwise relating to access to wildlife management areas or
9240
other areas managed by the commission.
9241
4. Rules or orders of the commission relating to the
9242
feeding of wildlife, freshwater fish, or saltwater fish.
9243
5. Rules or orders of the commission relating to landing
9244
requirements for freshwater fish or saltwater fish.
9245
6. Rules or orders of the commission relating to restricted
9246
hunting areas, critical wildlife areas, or bird sanctuaries.
9247
7. Rules or orders of the commission relating to tagging
9248
requirements for game and fur-bearing animals.
9249
8. Rules or orders of the commission relating to the use of
9250
dogs for the taking of game.
9251
9. Rules or orders of the commission which are not
9252
otherwise classified.
9253
10. Rules or orders of the commission prohibiting the
9254
unlawful use of finfish traps.
9255
11. 10. All prohibitions in chapter 370 which are not
9256
otherwise classified.
9257
12. 11. Section 379.33 370.028, prohibiting the violation
9258
of or noncompliance with commission rules.
9259
13. 12. Section 379.407(6) 370.021(6) prohibiting the sale,
9260
purchase, harvest, or attempted harvest of any saltwater product
9261
with intent to sell.
9262
14. 13. Section 379.2421 370.08, prohibiting the
9263
obstruction of waterways with net gear.
9264
14. Section 370.1105, prohibiting the unlawful use of
9265
finfish traps.
9266
15. Section 379.413 370.1121, prohibiting the unlawful
9267
taking of bonefish.
9268
16. Section 379.365(2)(a) and (b) 370.13(2)(a) and (b),
9269
prohibiting the possession or use of stone crab traps without
9270
trap tags and theft of trap contents or gear.
9271
17. Section 379.366 (4)(b) 370.135(4)(b), prohibiting the
9272
theft of blue crab trap contents or trap gear.
9273
18. Section 379.3671(2)(c) 370.142 (2)(c), prohibiting the
9274
possession or use of spiny lobster traps without trap tags or
9275
certificates and theft of trap contents or trap gear.
9276
19. Section 379.357 372.5704, prohibiting the possession of
9277
tarpon without purchasing a tarpon tag.
9278
20. Section 379.409 372.667, prohibiting the feeding or
9279
enticement of alligators or crocodiles.
9280
21. Section 379.105 372.705, prohibiting the intentional
9281
harassment of hunters, fishers, or trappers.
9282
(b)1. A person who commits a Level Two violation but who
9283
has not been convicted of a Level Two or higher violation within
9284
the past 3 years commits a misdemeanor of the second degree,
9286
2. Unless the stricter penalties in subparagraph 3. or
9287
subparagraph 4. apply, a person who commits a Level Two violation
9288
within 3 years after a previous conviction for a Level Two or
9289
higher violation commits a misdemeanor of the first degree,
9291
minimum mandatory fine of $250.
9292
3. Unless the stricter penalties in subparagraph 4. apply,
9293
a person who commits a Level Two violation within 5 years after
9294
two previous convictions for a Level Two or higher violation,
9295
commits a misdemeanor of the first degree, punishable as provided
9297
$500 and a suspension of any recreational license or permit
9298
issued under s. 379.354 372.57 for 1 year. Such suspension shall
9299
include the suspension of the privilege to obtain such license or
9300
permit and the suspension of the ability to exercise any
9301
privilege granted under any exemption in s. 379.353 372.562.
9302
4. A person who commits a Level Two violation within 10
9303
years after three previous convictions for a Level Two or higher
9304
violation commits a misdemeanor of the first degree, punishable
9306
fine of $750 and a suspension of any recreational license or
9307
permit issued under s. 379.354 372.57 for 3 years. Such
9308
suspension shall include the suspension of the privilege to
9309
obtain such license or permit and the suspension of the ability
9310
to exercise any privilege granted under s. 379.353 372.562. If
9311
the recreational license or permit being suspended was an annual
9312
license or permit, any privileges under ss. 379.353 and 379.354
9314
following the date of the violation.
9315
(3)(a) LEVEL THREE VIOLATIONS.--A person commits a Level
9316
Three violation if he or she violates any of the following
9317
provisions:
9318
1. Rules or orders of the commission prohibiting the sale
9319
of saltwater fish.
9320
2. Rules or orders of the commission prohibiting the
9321
illegal importation or possession of exotic marine plants or
9322
animals.
9323
3. 2. Section 379.407(2) 370.021(2), establishing major
9324
violations.
9325
4. 3. Section 379.407(4) 370.021(4), prohibiting the
9326
possession of certain finfish in excess of recreational daily bag
9327
limits.
9328
4. Section 370.081, prohibiting the illegal importation or
9329
possession of exotic marine plants or animals.
9330
5. Section 379.28 372.26, prohibiting the importation of
9331
freshwater fish.
9332
6. Section 379.231 372.265, prohibiting the importation of
9333
nonindigenous species of the animal kingdom without a permit
9334
issued by the commission.
9335
7. Section 379.354(17) 372.57(17), prohibiting the taking
9336
of game, freshwater fish, or saltwater fish while a required
9337
license is suspended or revoked.
9338
8. Section 379.3014 372.662, prohibiting the illegal sale
9339
or possession of alligators.
9340
9. Section 379.404(1), (3), and (6) 372.99(1), (3), and
9341
(6), prohibiting the illegal taking and possession of deer and
9342
wild turkey.
9343
10. Section 379.406 372.9903, prohibiting the possession
9344
and transportation of commercial quantities of freshwater game
9345
fish.
9346
(b)1. A person who commits a Level Three violation but who
9347
has not been convicted of a Level Three or higher violation
9348
within the past 10 years commits a misdemeanor of the first
9350
2. A person who commits a Level Three violation within 10
9351
years after a previous conviction for a Level Three or higher
9352
violation commits a misdemeanor of the first degree, punishable
9354
fine of $750 and a suspension of any recreational license or
9355
permit issued under s. 379.354 372.57 for the remainder of the
9356
period for which the license or permit was issued up to 3 years.
9357
Such suspension shall include the suspension of the privilege to
9358
obtain such license or permit and the ability to exercise any
9359
privilege granted under s. 379.353 372.562. If the recreational
9360
license or permit being suspended was an annual license or
9361
permit, any privileges under ss. 379.353 and 379.354 372.562 and
9362
372.57 may not be acquired for a 3-year period following the date
9363
of the violation.
9364
3. A person who commits a violation of s. 379.354(17)
9365
372.57(17) shall receive a mandatory fine of $1,000. Any
9367
not be acquired for a 5-year period following the date of the
9368
violation.
9369
(4)(a) LEVEL FOUR VIOLATIONS.--A person commits a Level
9370
Four violation if he or she violates any of the following
9371
provisions:
9372
1. Section 379.365(2)(c) 370.13(2)(c), prohibiting criminal
9373
activities relating to the taking of stone crabs.
9374
2. Section 379.366(4)(c) 370.135(4)(c), prohibiting
9375
criminal activities relating to the taking and harvesting of blue
9376
crabs.
9377
3. Section 379.367(4) 370.14(4), prohibiting the willful
9378
molestation of spiny lobster gear.
9379
4. Section 379.3671(2)(c)5. 370.142(2)(c)5., prohibiting
9380
the unlawful reproduction, possession, sale, trade, or barter of
9381
spiny lobster trap tags or certificates.
9382
5. Section 379.354(16) 372.57(16), prohibiting the making,
9383
forging, counterfeiting, or reproduction of a recreational
9384
license or possession of same without authorization from the
9385
commission.
9386
6. Section 379.404(5) 372.99(5), prohibiting the sale of
9387
illegally-taken deer or wild turkey.
9388
7. Section 379.405 372.99022, prohibiting the molestation
9389
or theft of freshwater fishing gear.
9390
(b) A person who commits a Level Four violation commits a
9391
felony of the third degree, punishable as provided in s. 775.082
9392
or s. 775.083.
9393
(5) VIOLATIONS OF CHAPTER.--Except as provided in this
9394
chapter:
9395
(a) A person who commits a violation of any provision of
9396
this chapter commits, for the first offense, a misdemeanor of the
9397
second degree, punishable as provided in s. 775.082 or s.
9398
9399
(b) A person who is convicted of a second or subsequent
9400
violation of any provision of this chapter commits a misdemeanor
9401
of the first degree, punishable as provided in s. 775.082 or s.
9402
9403
(6) SUSPENSION OR FORFEITURE OF LICENSE.--The court may
9404
order the suspension or forfeiture of any license or permit
9405
issued under this chapter to a person who is found guilty of
9406
committing a violation of this chapter.
9407
(7) CONVICTION DEFINED.--As used in this section, the term
9408
"conviction" means any judicial disposition other than acquittal
9409
or dismissal.
9410
Section 167. Section 372.935, Florida Statutes, is
9411
renumbered as section 379.4015, Florida Statutes, and amended to
9412
read:
9413
379.4015 372.935 Captive wildlife penalties.--
9414
(1) LEVEL ONE.--Unless otherwise provided by law, the
9415
following classifications and penalties apply:
9416
(a) A person commits a Level One violation if he or she
9417
violates any of the following provisions:
9418
1. Rules or orders of the commission requiring free permits
9419
or other authorizations to possess captive wildlife.
9420
2. Rules or orders of the commission relating to the filing
9421
of reports or other documents required of persons who are
9422
licensed to possess captive wildlife.
9423
3. Rules or orders of the commission requiring permits to
9424
possess captive wildlife for which a fee is charged, when the
9425
person being charged was issued the permit and the permit has
9426
expired less than 1 year prior to the violation.
9427
(b) Any person cited for committing any offense classified
9428
as a Level One violation commits a noncriminal infraction,
9429
punishable as provided in this section.
9430
(c) Any person cited for committing a noncriminal
9431
infraction specified in paragraph (a) shall be cited to appear
9432
before the county court. The civil penalty for any noncriminal
9433
infraction is $50 if the person cited has not previously been
9434
found guilty of a Level One violation and $250 if the person
9435
cited has previously been found guilty of a Level One violation,
9436
except as otherwise provided in this subsection. Any person cited
9437
for failing to have a required permit or license shall pay an
9438
additional civil penalty in the amount of the license fee
9439
required.
9440
(d) Any person cited for an infraction under this
9441
subsection may:
9442
1. Post a bond, which shall be equal in amount to the
9443
applicable civil penalty; or
9444
2. Sign and accept a citation indicating a promise to
9445
appear before the county court. The officer may indicate on the
9446
citation the time and location of the scheduled hearing and shall
9447
indicate the applicable civil penalty.
9448
(e) Any person charged with a noncriminal infraction under
9449
this subsection may:
9450
1. Pay the civil penalty, either by mail or in person,
9451
within 30 days after the date of receiving the citation; or
9452
2. If the person has posted bond, forfeit bond by not
9453
appearing at the designated time and location.
9454
(f) If the person cited follows either of the procedures in
9455
subparagraph (e)1. or subparagraph (e)2., he or she shall be
9456
deemed to have admitted the infraction and to have waived his or
9457
her right to a hearing on the issue of commission of the
9458
infraction. Such admission shall not be used as evidence in any
9459
other proceedings except to determine the appropriate fine for
9460
any subsequent violations.
9461
(g) Any person who willfully refuses to post bond or accept
9462
and sign a summons commits a misdemeanor of the second degree,
9464
who fails to pay the civil penalty specified in this subsection
9465
within 30 days after being cited for a noncriminal infraction or
9466
to appear before the court pursuant to this subsection commits a
9467
misdemeanor of the second degree, punishable as provided in s.
9469
(h) Any person electing to appear before the county court
9470
or who is required to appear shall be deemed to have waived the
9471
limitations on the civil penalty specified in paragraph (c). The
9472
court, after a hearing, shall make a determination as to whether
9473
an infraction has been committed. If the commission of an
9474
infraction has been proven, the court may impose a civil penalty
9475
not less than those amounts in paragraph (c) and not to exceed
9476
$500.
9477
(i) At a hearing under this chapter, the commission of a
9478
charged infraction must be proved beyond a reasonable doubt.
9479
(j) If a person is found by the hearing official to have
9480
committed an infraction, she or he may appeal that finding to the
9481
circuit court.
9482
(2) LEVEL TWO.--Unless otherwise provided by law, the
9483
following classifications and penalties apply:
9484
(a) A person commits a Level Two violation if he or she
9485
violates any of the following provisions:
9486
1. Unless otherwise stated in subsection (1), rules or
9487
orders of the commission that require a person to pay a fee to
9488
obtain a permit to possess captive wildlife or that require the
9489
maintenance of records relating to captive wildlife.
9490
2. Rules or orders of the commission relating to captive
9491
wildlife not specified in subsection (1) or subsection (3).
9492
3. Rules or orders of the commission that require housing
9493
of wildlife in a safe manner when a violation results in an
9494
escape of wildlife other than Class I wildlife.
9495
4. Section 379.372 372.86, relating to capturing, keeping,
9496
possessing, transporting, or exhibiting venomous reptiles or
9497
reptiles of concern.
9498
5. Section 379.373 372.87, relating to requiring a license
9499
or permit for the capturing, keeping, possessing, or exhibiting
9500
of venomous reptiles or reptiles of concern.
9501
6. Section 379.374 372.88, relating to bonding requirements
9502
for public exhibits of venomous reptiles.
9503
7. Section 379.305 372.92, relating to commission rules and
9504
regulations to prevent the escape of venomous reptiles or
9505
reptiles of concern.
9506
8. Section 379.304 372.921, relating to exhibition or sale
9507
of wildlife.
9508
9. Section 379.3762 372.922, relating to personal
9509
possession of wildlife.
9510
(b) A person who commits any offense classified as a Level
9511
Two violation and who has not been convicted of a Level Two or
9512
higher violation within the past 3 years commits a misdemeanor of
9513
the second degree, punishable as provided in s. 775.082 or s.
9514
9515
(c) Unless otherwise stated in this subsection, a person
9516
who commits any offense classified as a Level Two violation
9517
within a 3-year period of any previous conviction of a Level Two
9518
or higher violation commits a misdemeanor of the first degree,
9520
mandatory fine of $250.
9521
(d) Unless otherwise stated in this subsection, a person
9522
who commits any offense classified as a Level Two violation
9523
within a 5-year period of any two previous convictions of Level
9524
Two or higher violations commits a misdemeanor of the first
9526
a minimum mandatory fine of $500 and a suspension of all licenses
9527
issued under this chapter related to captive wildlife for 1 year.
9528
(e) A person who commits any offense classified as a Level
9529
Two violation within a 10-year period of any three previous
9530
convictions of Level Two or higher violations commits a
9531
misdemeanor of the first degree, punishable as provided in s.
9533
a suspension of all licenses issued under this chapter related to
9534
captive wildlife for 3 years.
9535
(3) LEVEL THREE.--Unless otherwise provided by law, the
9536
following classifications and penalties apply:
9537
(a) A person commits a Level Three violation if he or she
9538
violates any of the following provisions:
9539
1. Rules or orders of the commission that require housing
9540
of wildlife in a safe manner when a violation results in an
9541
escape of Class I wildlife.
9542
2. Rules or orders of the commission related to captive
9543
wildlife when the violation results in serious bodily injury to
9544
another person by captive wildlife that consists of a physical
9545
condition that creates a substantial risk of death, serious
9546
personal disfigurement, or protracted loss or impairment of the
9547
function of any bodily member or organ.
9548
3. Rules or orders of the commission relating to the use of
9549
gasoline or other chemical or gaseous substances on wildlife.
9550
4. Rules or orders of the commission prohibiting the
9551
release of wildlife for which only conditional possession is
9552
allowed.
9553
5. Rules or orders of the commission prohibiting knowingly
9554
entering false information on an application for a license or
9555
permit when the license or permit is to possess wildlife in
9556
captivity.
9557
6. Rules or orders of the commission, relating to the
9558
illegal importation and possession of nonindigenous marine plants
9559
and animals.
9560
7. Rules or orders of the commission relating to the
9561
importation, possession, or release of fish and wildlife for
9562
which possession is prohibited.
9563
8. 6. Section 379.231 372.265, relating to illegal
9564
importation or introduction of foreign wildlife.
9565
7. Section 370.081, relating to the illegal importation and
9566
possession of nonindigenous marine plants and animals.
9567
9. 8. Section 379.305 372.92, relating to release or escape
9568
of nonnative venomous reptiles or reptiles of concern.
9569
9. Rules or orders of the commission relating to the
9570
importation, possession, or release of fish and wildlife for
9571
which possession is prohibited.
9572
(b)1. A person who commits any offense classified as a
9573
Level Three violation and who has not been convicted of a Level
9574
Three or higher violation within the past 10 years commits a
9575
misdemeanor of the first degree, punishable as provided in s.
9577
2. A person who commits any offense classified as a Level
9578
Three violation within a 10-year period of any previous
9579
conviction of a Level Three or higher violation commits a
9580
misdemeanor of the first degree, punishable as provided in s.
9582
permanent revocation of all licenses or permits to possess
9583
captive wildlife issued under this chapter.
9584
(4) LEVEL FOUR.--Unless otherwise provided by law, the
9585
following classifications and penalties apply:
9586
(a) A person commits a Level Four violation if he or she
9587
violates any Level Three provision after the permanent revocation
9588
of a license or permit.
9589
(b) A person who commits any offense classified as a Level
9590
Four violation commits a felony of the third degree, punishable
9592
(5) SUSPENSION OR REVOCATION OF LICENSE.--The court may
9593
order the suspension or revocation of any license or permit
9594
issued to a person to possess captive wildlife pursuant to this
9595
chapter if that person commits a criminal offense or a
9596
noncriminal infraction as specified under this section.
9597
(6) CONVICTION DEFINED.--For purposes of this section, the
9598
term "conviction" means any judicial disposition other than
9599
acquittal or dismissal.
9600
(7) COMMISSION LIMITATIONS.--Nothing in this section shall
9601
limit the commission from suspending or revoking any license to
9602
possess wildlife in captivity by administrative action in
9603
accordance with chapter 120. For purposes of administrative
9604
action, a conviction of a criminal offense shall mean any
9605
judicial disposition other than acquittal or dismissal.
9606
Section 168. Section 370.1107, Florida Statutes, is
9607
renumbered as section 379.402, Florida Statutes, to read:
9608
379.402 370.1107 Definition; possession of certain licensed
9609
traps prohibited; penalties; exceptions; consent.--
9610
(1) As used in this section, the term "licensed saltwater
9611
fisheries trap" means any trap required to be licensed by the
9612
Fish and Wildlife Conservation Commission and authorized by the
9613
commission for the taking of saltwater products.
9614
(2) It is unlawful for any person, firm, corporation, or
9615
association to be in actual or constructive possession of a
9616
licensed saltwater fisheries trap registered with the Fish and
9617
Wildlife Conservation Commission in another person's, firm's,
9618
corporation's, or association's name.
9619
(a) Unlawful possession of less than three licensed
9620
saltwater fisheries traps is a misdemeanor of the first degree,
9622
(b) Unlawful possession of three or more licensed saltwater
9623
fisheries traps is a felony of the third degree, punishable as
9625
(c) Upon receipt of any judicial disposition other than
9626
dismissal or acquittal on a charge of violating this section or
9627
any provision of law or rule making unlawful the possession of
9628
another's saltwater fishing trap, a person shall permanently lose
9629
all saltwater fishing privileges, including licenses, trap
9630
certificates, and the ability to transfer trap certificates.
9631
(3) It is unlawful for any person, firm, corporation, or
9632
association to possess, attempt to possess, interfere with,
9633
attempt to interfere with, or remove live bait from a live bait
9634
trap or cage of another person, firm, corporation, or
9635
association. Unlawful possession of one or more live bait traps
9636
or cages is a misdemeanor of the first degree, punishable as
9638
(4) This section shall not apply to the agents or employees
9639
of the registered owner of the licensed saltwater fisheries trap
9640
or to a person, firm, corporation, or association who has the
9641
written consent from the owner of the licensed saltwater
9642
fisheries trap, to possess such licensed saltwater fisheries
9643
trap, or to agents or employees of the Fish and Wildlife
9644
Conservation Commission who are engaged in the removal of traps
9645
during the closed season.
9646
(5) The registered owner of the licensed saltwater
9647
fisheries trap shall provide the Fish and Wildlife Conservation
9648
Commission with the names of any agents, employees, or any other
9649
person, firm, company, or association to whom the registered
9650
owner has given consent to possess said licensed saltwater
9651
fisheries trap.
9652
Section 169. Section 372.7015, Florida Statutes, is
9653
renumbered as section 379.403, Florida Statutes, and amended to
9654
read:
9655
379.403 372.7015 Illegal killing, taking, possessing, or
9656
selling wildlife or game; fines; disposition of fines.--In
9657
addition to any other penalty provided by law, any person who
9658
violates the criminal provisions of this chapter and rules
9659
adopted pursuant to this chapter by illegally killing, taking,
9660
possessing, or selling game or fur-bearing animals as defined in
9661
s. 379.101 (19) or (20) 372.001(10) or (11) in or out of season
9662
while violating chapter 810 shall pay a fine of $250 for each
9663
such violation, plus court costs and any restitution ordered by
9664
the court. All fines collected under this section shall be
9665
remitted by the clerk of the court to the Department of Revenue
9666
to be deposited into the Fish and Wildlife Conservation
9667
Commission's State Game Trust Fund.
9668
Section 170. Section 372.99, Florida Statutes, is
9669
renumbered as section 379.404, Florida Statutes, and amended to
9670
read:
9671
379.404 372.99 Illegal taking and possession of deer and
9672
wild turkey; evidence; penalty.--
9673
(1) Whoever takes or kills any deer or wild turkey, or
9674
possesses a freshly killed deer or wild turkey, during the closed
9675
season prescribed by law or by the rules and regulations of the
9676
Fish and Wildlife Conservation Commission, or whoever takes or
9677
attempts to take any deer or wild turkey by the use of gun and
9678
light in or out of closed season, commits a Level Three violation
9679
under s. 379.401 372.83 and shall forfeit any license or permit
9680
issued to her or him under the provisions of this chapter. No
9681
license shall be issued to such person for a period of 3 years
9682
following any such violation on the first offense. Any person
9683
guilty of a second or subsequent violation shall be permanently
9684
ineligible for issuance of a license or permit thereafter.
9685
(2) The display or use of a light in a place where deer
9686
might be found and in a manner capable of disclosing the presence
9687
of deer, together with the possession of firearms or other
9688
weapons customarily used for the taking of deer, between 1 hour
9689
after sunset and 1 hour before sunrise, shall be prima facie
9690
evidence of an intent to violate the provisions of subsection
9691
(1). This subsection does not apply to an owner or her or his
9692
employee when patrolling or inspecting the land of the owner,
9693
provided the employee has satisfactory proof of employment on her
9694
or his person.
9695
(3) Whoever takes or kills any doe deer; fawn or baby deer;
9696
or deer, whether male or female, which does not have one or more
9697
antlers at least 5 inches in length, except as provided by law or
9698
the rules of the Fish and Wildlife Conservation Commission,
9699
during the open season prescribed by the rules of the commission,
9700
commits a Level Three violation under s. 379.401 372.83 and may
9701
be required to forfeit any license or permit issued to such
9702
person for a period of 3 years following any such violation on
9703
the first offense. Any person guilty of a second or subsequent
9704
violation shall be permanently ineligible for issuance of a
9705
license or permit thereafter.
9706
(4) Any person who cultivates agricultural crops may apply
9707
to the Fish and Wildlife Conservation Commission for a permit to
9708
take or kill deer on land which that person is currently
9709
cultivating. When said person can show, to the satisfaction of
9710
the Fish and Wildlife Conservation Commission, that such taking
9711
or killing of deer is justified because of damage to the person's
9712
crops caused by deer, the Fish and Wildlife Conservation
9713
Commission may issue a limited permit to the applicant to take or
9714
kill deer without being in violation of subsection (1) or
9715
subsection (3).
9716
(5) Whoever possesses for sale or sells deer or wild turkey
9717
taken in violation of this chapter or the rules and regulations
9718
of the commission commits a Level Four violation under s. 379.401
9719
9720
(6) Any person who enters upon private property and shines
9721
lights upon such property, without the express permission of the
9722
owner of the property and with the intent to take deer by
9723
utilizing such shining lights, commits a Level Three violation
9724
under s. 379.401 372.83.
9725
Section 171. Section 372.99022, Florida Statutes, is
9726
renumbered as section 379.405, Florida Statutes, and amended to
9727
read:
9728
379.405 372.99022 Illegal molestation of or theft from
9729
freshwater fishing gear.--
9730
(1)(a) Any person, firm, or corporation that willfully
9731
molests any authorized and lawfully permitted freshwater fishing
9732
gear belonging to another without the express written consent of
9733
the owner commits a Level Four violation under s. 379.401 372.83.
9734
Any written consent must be available for immediate inspection.
9735
(b) Any person, firm, or corporation that willfully removes
9736
the contents of any authorized and lawfully permitted freshwater
9737
fishing gear belonging to another without the express written
9738
consent of the owner commits a Level Four violation under s.
9739
379.401 372.83. Any written consent must be available for
9740
immediate inspection.
9741
9742
A person, firm, or corporation that receives a citation for a
9743
violation of this subsection is prohibited, immediately upon
9744
receipt of such citation and until adjudicated or convicted of a
9745
felony under this subsection, from transferring any endorsements.
9746
(2) Any person, firm, or corporation convicted pursuant to
9747
subsection (1) of removing the contents of freshwater fishing
9748
gear without the express written consent of the owner shall
9749
permanently lose all of his or her freshwater and saltwater
9750
fishing privileges, including his or her recreational and
9751
commercial licenses and endorsements, and shall be assessed an
9752
administrative penalty of not more than $5,000. The endorsements
9753
of such person, firm, or corporation are not transferable.
9754
(3) For purposes of this section, the term "freshwater
9755
fishing gear" means haul seines, slat baskets, wire traps, hoop
9756
nets, or pound nets, and includes the lines or buoys attached
9757
thereto.
9758
Section 172. Section 372.9903, Florida Statutes, is
9759
renumbered as section 379.406, Florida Statutes, and amended to
9760
read:
9761
379.406 372.9903 Illegal possession or transportation of
9762
freshwater game fish in commercial quantities; penalty.--
9763
(1) Whoever possesses, moves, or transports any black bass,
9764
bream, speckled perch, or other freshwater game fish in
9765
commercial quantities in violation of law or the rules of the
9766
Fish and Wildlife Conservation Commission commits a Level Three
9767
violation under s. 379.401 372.83.
9768
(2) For the purposes of this section "commercial
9769
quantities" shall be deemed to be a quantity of freshwater game
9770
fish of 150 or more pounds, and the possession, movement, or
9771
transportation of freshwater game fish in excess of such weight
9772
shall constitute prima facie evidence of possession or
9773
transportation for commercial purposes.
9774
Section 173. Subsections (1), (2), (3), (4), (5), (6),
9775
(11), and (12) of section 370.021, Florida Statutes, are
9776
renumbered as section 379.407, Florida Statutes, and amended to
9777
read:
9778
379.407 370.021 Administration; rules, publications,
9779
records; penalties; injunctions.--
9780
(1) BASE PENALTIES.--Unless otherwise provided by law, any
9781
person, firm, or corporation who violates any provision of this
9782
chapter, or any rule of the Fish and Wildlife Conservation
9783
Commission relating to the conservation of marine resources,
9784
shall be punished:
9785
(a) Upon a first conviction, by imprisonment for a period
9786
of not more than 60 days or by a fine of not less than $100 nor
9787
more than $500, or by both such fine and imprisonment.
9788
(b) On a second or subsequent conviction within 12 months,
9789
by imprisonment for not more than 6 months or by a fine of not
9790
less than $250 nor more than $1,000, or by both such fine and
9791
imprisonment.
9792
9793
Upon final disposition of any alleged offense for which a
9794
citation for any violation of this chapter or the rules of the
9795
commission has been issued, the court shall, within 10 days,
9796
certify the disposition to the commission.
9797
(2) MAJOR VIOLATIONS.--In addition to the penalties
9798
provided in paragraphs (1)(a) and (b), the court shall assess
9799
additional penalties against any commercial harvester convicted
9800
of major violations as follows:
9801
(a) For a violation involving more than 100 illegal blue
9802
crabs, spiny lobster, or stone crabs, an additional penalty of
9803
$10 for each illegal blue crab, spiny lobster, stone crab, or
9804
part thereof.
9805
(b)1. For a violation involving the taking or harvesting of
9806
shrimp from a nursery or other prohibited area, or any two
9807
violations within a 12-month period involving shrimping gear,
9808
minimum size (count), or season, an additional penalty of $10 for
9809
each pound of illegal shrimp or part thereof.
9810
2. For violations involving the taking of shrimp in certain
9811
closed areas:
9812
a. Any person convicted of taking shrimp in Santa Rosa
9813
Sound in violation of commission rule designating a closed area
9814
shall have his or her saltwater products license and the
9815
saltwater products license of the boat involved in the violation
9816
revoked. If the person holds such a license, he or she shall be
9817
ineligible to make application for such a license for a period of
9818
2 years from the date of such conviction. If a person not having
9819
a license is convicted hereunder, that person and the boat
9820
involved in the violation shall not be eligible for such a
9821
license for 5 years.
9822
b. A third or subsequent violation by any person of the
9823
designated closure to shrimping in Santa Rosa Sound within a 3-
9824
year period is a felony of the third degree, punishable as
9826
c. A second or any subsequent violation by any person for
9827
taking shrimp in a food shrimp production closed area in a
9828
portion of Monroe County designated by the commission is a felony
9829
of the third degree, punishable as provided in s. 775.082 or s.
9830
9831
d. A third or any subsequent violation by the owner or
9832
master of any vessel engaged in food shrimp production in the
9833
Tortugas Shrimp Beds closed area designated by the commission
9834
within a 3-year period shall be a felony of the third degree,
9836
(c) For a violation involving the taking or harvesting of
9837
oysters from nonapproved areas or the taking or possession of
9838
unculled oysters, an additional penalty of $10 for each bushel of
9839
illegal oysters.
9840
(d) For a violation involving the taking or harvesting of
9841
clams from nonapproved areas, an additional penalty of $100 for
9842
each 500 count bag of illegal clams.
9843
(e) For a violation involving the taking, harvesting, or
9844
possession of any of the following species, which are endangered,
9845
threatened, or of special concern:
9846
1. Shortnose sturgeon (Acipenser brevirostrum);
9847
2. Atlantic sturgeon (Acipenser oxyrhynchus);
9848
3. Common snook (Centropomus undecimalis);
9849
4. Atlantic loggerhead turtle (Caretta caretta caretta);
9850
5. Atlantic green turtle (Chelonia mydas mydas);
9851
6. Leatherback turtle (Dermochelys coriacea);
9852
7. Atlantic hawksbill turtle (Eretmochelys imbricata
9853
imbracata);
9854
8. Atlantic ridley turtle (Lepidochelys kempi); or
9855
9. West Indian manatee (Trichechus manatus latirostris),
9856
9857
an additional penalty of $100 for each unit of marine life or
9858
part thereof.
9859
(f) For a second or subsequent conviction within 24 months
9860
for any violation of the same law or rule involving the taking or
9861
harvesting of more than 100 pounds of any finfish, an additional
9862
penalty of $5 for each pound of illegal finfish.
9863
(g) For any violation involving the taking, harvesting, or
9864
possession of more than 1,000 pounds of any illegal finfish, an
9865
additional penalty equivalent to the wholesale value of the
9866
illegal finfish.
9867
(h) Permits issued to any commercial harvester by the
9868
commission to take or harvest saltwater products, or any license
9870
suspended or revoked by the commission, pursuant to the
9871
provisions and procedures of s. 120.60, for any major violation
9872
prescribed in this subsection:
9873
1. Upon a first conviction, for up to 30 calendar days.
9874
2. Upon a second conviction which occurs within 12 months
9875
after a prior violation, for up to 90 calendar days.
9876
3. Upon a third conviction which occurs within 24 months
9877
after a prior conviction, for up to 180 calendar days.
9878
4. Upon a fourth conviction which occurs within 36 months
9879
after a prior conviction, for a period of 6 months to 3 years.
9880
(i) Upon the arrest and conviction for a major violation
9881
involving stone crabs, the licenseholder must show just cause why
9882
his or her license should not be suspended or revoked. For the
9883
purposes of this paragraph, a "major violation" means a major
9884
violation as prescribed for illegal stone crabs; any single
9885
violation involving possession of more than 25 stone crabs during
9886
the closed season or possession of 25 or more whole-bodied or
9887
egg-bearing stone crabs; any violation for trap molestation, trap
9888
robbing, or pulling traps at night; or any combination of
9889
violations in any 3-consecutive-year period wherein more than 75
9890
illegal stone crabs in the aggregate are involved.
9891
(j) Upon the arrest and conviction for a major violation
9892
involving spiny lobster, the licenseholder must show just cause
9893
why his or her license should not be suspended or revoked. For
9894
the purposes of this paragraph, a "major violation" means a major
9895
violation as prescribed for illegal spiny lobster; any single
9896
violation involving possession of more than 25 spiny lobster
9897
during the closed season or possession of more than 25 wrung
9898
spiny lobster tails or more than 25 egg-bearing or stripped spiny
9899
lobster; any violation for trap molestation, trap robbing, or
9900
pulling traps at night; or any combination of violations in any
9901
3-consecutive-year period wherein more than 75 illegal spiny
9902
lobster in the aggregate are involved.
9903
(k) Upon the arrest and conviction for a major violation
9904
involving blue crabs, the licenseholder shall show just cause why
9905
his or her saltwater products license should not be suspended or
9906
revoked. This paragraph shall not apply to an individual fishing
9907
with no more than five traps. For the purposes of this paragraph,
9908
a "major violation" means a major violation as prescribed for
9909
illegal blue crabs, any single violation wherein 50 or more
9910
illegal blue crabs are involved; any violation for trap
9911
molestation, trap robbing, or pulling traps at night; or any
9912
combination of violations in any 3-consecutive-year period
9913
wherein more than 100 illegal blue crabs in the aggregate are
9914
involved.
9915
(l) Upon the conviction for a major violation involving
9916
finfish, the licenseholder must show just cause why his or her
9917
saltwater products license should not be suspended or revoked.
9918
For the purposes of this paragraph, a major violation is
9919
prescribed for the taking and harvesting of illegal finfish, any
9920
single violation involving the possession of more than 100 pounds
9921
of illegal finfish, or any combination of violations in any 3-
9922
consecutive-year period wherein more than 200 pounds of illegal
9923
finfish in the aggregate are involved.
9924
(m) For a violation involving the taking or harvesting of
9925
any marine life species, as those species are defined by rule of
9926
the commission, the harvest of which is prohibited, or the taking
9927
or harvesting of such a species out of season, or with an illegal
9928
gear or chemical, or any violation involving the possession of 25
9929
or more individual specimens of marine life species, or any
9930
combination of violations in any 3-year period involving more
9931
than 70 such specimens in the aggregate, the suspension or
9932
revocation of the licenseholder's marine life endorsement as
9933
provided in paragraph (h).
9934
9935
The penalty provisions of this subsection apply to commercial
9936
harvesters and wholesale and retail dealers as defined in s.
9937
379.362 370.07. Any other person who commits a major violation
9938
under this subsection commits a Level Three violation under s.
9940
court may suspend, defer, or withhold adjudication of guilt or
9941
imposition of sentence for any major violation prescribed in this
9942
subsection. The proceeds from the penalties assessed pursuant to
9943
this subsection shall be deposited into the Marine Resources
9944
Conservation Trust Fund to be used for marine fisheries research
9945
or into the commission's Federal Law Enforcement Trust Fund as
9946
provided in s. 372.107, as applicable.
9947
(3) PENALTIES FOR USE OF ILLEGAL NETS.--
9948
(a) It is a major violation pursuant to this section,
9949
punishable as provided in paragraph (b) for any person, firm, or
9950
corporation to be simultaneously in possession of any species of
9951
mullet in excess of the recreational daily bag limit and any gill
9952
or other entangling net as defined in s. 16(c), Art. X of the
9953
State Constitution. Simultaneous possession under this provision
9954
shall include possession of mullet and gill or other entangling
9955
nets on separate vessels or vehicles where such vessels or
9956
vehicles are operated in coordination with one another including
9957
vessels towed behind a main vessel. This subsection does not
9958
prohibit a resident of this state from transporting on land, from
9959
Alabama to this state, a commercial quantity of mullet together
9960
with a gill net if:
9961
1. The person possesses a valid commercial fishing license
9962
that is issued by the State of Alabama and that allows the person
9963
to use a gill net to legally harvest mullet in commercial
9964
quantities from Alabama waters.
9965
2. The person possesses a trip ticket issued in Alabama and
9966
filled out to match the quantity of mullet being transported, and
9967
the person is able to present such trip ticket immediately upon
9968
entering this state.
9969
3. The mullet are to be sold to a wholesale saltwater
9970
products dealer located in Escambia County or Santa Rosa County,
9971
which dealer also possesses a valid seafood dealer's license
9972
issued by the State of Alabama. The dealer's name must be clearly
9973
indicated on the trip ticket.
9974
4. The mullet being transported are totally removed from
9975
any net also being transported.
9976
(b)1. A flagrant violation of any rule or statute which
9977
implements s. 16(b), Art. X of the State Constitution shall be
9978
considered a felony of the third degree, punishable as provided
9980
flagrant violation shall be the illegal possession or use of a
9981
monofilament net or a net with a mesh area larger than 2,000
9982
square feet. A violation means any judicial disposition other
9983
than acquittal or dismissal.
9984
2. In addition to being subject to the other penalties
9985
provided in this chapter, any violation of s. 16(b), Art. X of
9986
the State Constitution, or any statute or rule of the commission
9987
which implements the gear prohibitions and restrictions specified
9988
therein shall be considered a major violation; and any person,
9989
firm, or corporation receiving any judicial disposition other
9990
than acquittal or dismissal of such violation shall be subject to
9991
the following additional penalties:
9992
a. For a first major violation within a 7-year period, a
9993
civil penalty of $2,500 and suspension of all saltwater products
9994
license privileges for 90 calendar days following final
9995
disposition shall be imposed.
9996
b. For a second major violation under this subparagraph
9997
charged within 7 years of a previous judicial disposition, which
9998
results in a second judicial disposition other than acquittal or
9999
dismissal, a civil penalty of $5,000 and suspension of all
10000
saltwater products license privileges for 12 months shall be
10001
imposed.
10002
c. For a third or subsequent major violation under this
10003
subparagraph, charged within a 7-year period, resulting in a
10004
third or subsequent judicial disposition other than acquittal or
10005
dismissal, a civil penalty of $5,000, lifetime revocation of the
10006
saltwater products license, and forfeiture of all gear and
10007
equipment used in the violation shall be imposed.
10008
d. For a first flagrant violation under this subparagraph,
10009
a civil penalty of $5,000 and a suspension of all saltwater
10010
license privileges for 12 months shall be imposed. For a second
10011
or subsequent flagrant violation under this subparagraph, a civil
10012
penalty of $5,000, a lifetime revocation of the saltwater
10013
products license, and the forfeiture of all gear and equipment
10014
used in the violation shall be imposed.
10015
10016
A court may suspend, defer, or withhold adjudication of guilt or
10017
imposition of sentence only for any first violation of s. 16,
10018
Art. X of the State Constitution, or any rule or statute
10019
implementing its restrictions, determined by a court only after
10020
consideration of competent evidence of mitigating circumstances
10021
to be a nonflagrant or minor violation of those restrictions upon
10022
the use of nets. Any violation of s. 16, Art. X of the State
10023
Constitution, or any rule or statute implementing its
10024
restrictions, occurring within a 7-year period commencing upon
10025
the conclusion of any judicial proceeding resulting in any
10026
outcome other than acquittal shall be punished as a second,
10027
third, or subsequent violation accordingly.
10028
(c) During the period of suspension or revocation of
10029
saltwater license privileges under this subsection, the licensee
10030
shall not participate in the taking or harvesting, or attempt the
10031
taking or harvesting, of saltwater products from any vessel
10032
within the waters of the state; be aboard any vessel on which a
10033
commercial quantity of saltwater products is possessed through an
10034
activity requiring a license pursuant to this section; or engage
10035
in any other activity requiring a license, permit, or certificate
10036
issued pursuant to this chapter. Any person who is convicted of
10037
violating this paragraph:
10038
1. Upon a first or second conviction, is guilty of a
10039
misdemeanor of the first degree, punishable as provided in s.
10041
2. Upon a third or subsequent conviction, is guilty of a
10042
felony of the third degree, punishable as provided in s. 775.082,
10044
(d) Upon reinstatement of saltwater license privileges
10045
suspended pursuant to a violation of this subsection, a licensee
10046
owning or operating a vessel containing or otherwise transporting
10047
in or on Florida waters any gill net or other entangling net, or
10048
containing or otherwise transporting in nearshore and inshore
10049
Florida waters any net containing more than 500 square feet of
10050
mesh area shall remain restricted for a period of 12 months
10051
following reinstatement, to operating under the following
10052
conditions:
10053
1. Vessels subject to this reinstatement period shall be
10054
restricted to the corridors established by commission rule.
10055
2. A violation of the reinstatement period provisions shall
10056
be punishable pursuant to paragraphs (1)(a) and (b).
10057
(4) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING
10058
CERTAIN FINFISH.--
10059
(a) It is a major violation under this section for any
10060
person to be in possession of any species of trout, snook, or
10061
redfish which is three fish in excess of the recreational or
10062
commercial daily bag limit.
10063
(b) A commercial harvester who violates this subsection
10064
shall be punished as provided under paragraph (3)(b). Any other
10065
person who violates this subsection commits a Level Three
10066
violation under s. 379.401 372.83.
10067
(5) SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY
10068
HARVESTED PRODUCTS.--In addition to other penalties authorized in
10069
this chapter, any violation of s. 379.361 370.06 or s. 379.362
10071
or s. 379.362 370.07, involving the purchase of saltwater
10072
products by a commercial wholesale dealer, retail dealer, or
10073
restaurant facility for public consumption from an unlicensed
10074
person, firm, or corporation, or the purchase or sale of any
10075
saltwater product known to be taken in violation of s. 16, Art. X
10076
of the State Constitution, or rule or statute implementing the
10077
provisions thereof, by a commercial wholesale dealer, retail
10078
dealer, or restaurant facility, for public consumption, is a
10079
major violation, and the commission may assess the following
10080
penalties:
10081
(a) For a first violation, the commission may assess a
10082
civil penalty of up to $2,500 and may suspend the wholesale or
10083
retail dealer's license privileges for up to 90 calendar days.
10084
(b) For a second violation occurring within 12 months of a
10085
prior violation, the commission may assess a civil penalty of up
10086
to $5,000 and may suspend the wholesale or retail dealer's
10087
license privileges for up to 180 calendar days.
10088
(c) For a third or subsequent violation occurring within a
10089
24-month period, the commission shall assess a civil penalty of
10090
$5,000 and shall suspend the wholesale or retail dealer's license
10091
privileges for up to 24 months.
10092
10093
Any proceeds from the civil penalties assessed pursuant to this
10094
subsection shall be deposited into the Marine Resources
10095
Conservation Trust Fund and shall be used as follows: 40 percent
10096
for administration and processing purposes and 60 percent for law
10097
enforcement purposes.
10098
(6) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR
10099
HARVEST.--It is a major violation and punishable as provided in
10100
this subsection for any unlicensed person, firm, or corporation
10101
who is required to be licensed under this chapter as a commercial
10102
harvester or a wholesale or retail dealer to sell or purchase any
10103
saltwater product or to harvest or attempt to harvest any
10104
saltwater product with intent to sell the saltwater product.
10105
(a) Any person, firm, or corporation who sells or purchases
10106
any saltwater product without having purchased the licenses
10107
required by this chapter for such sale is subject to penalties as
10108
follows:
10109
1. A first violation is a misdemeanor of the second degree,
10111
2. A second violation is a misdemeanor of the first degree,
10113
person may also be assessed a civil penalty of up to $2,500 and
10114
is subject to a suspension of all license privileges under this
10115
chapter and chapter 372 for a period not exceeding 90 days.
10116
3. A third violation is a misdemeanor of the first degree,
10118
mandatory minimum term of imprisonment of 6 months, and such
10119
person may also be assessed a civil penalty of up to $5,000 and
10120
is subject to a suspension of all license privileges under this
10121
chapter and chapter 372 for a period not exceeding 6 months.
10122
4. A third violation within 1 year after a second violation
10123
is a felony of the third degree, punishable as provided in s.
10125
imprisonment of 1 year, and such person shall be assessed a civil
10126
penalty of $5,000 and all license privileges under this chapter
10127
and chapter 372 shall be permanently revoked.
10128
5. A fourth or subsequent violation is a felony of the
10130
with a mandatory minimum term of imprisonment of 1 year, and such
10131
person shall be assessed a civil penalty of $5,000 and all
10132
license privileges under this chapter and chapter 372 shall be
10133
permanently revoked.
10134
(b) Any person whose license privileges under this chapter
10135
have been permanently revoked and who thereafter sells or
10136
purchases or who attempts to sell or purchase any saltwater
10137
product commits a felony of the third degree, punishable as
10139
term of imprisonment of 1 year, and such person shall also be
10140
assessed a civil penalty of $5,000. All property involved in such
10141
offense shall be forfeited pursuant to s. 379.337 370.061.
10142
(c) Any commercial harvester or wholesale or retail dealer
10143
whose license privileges under this chapter are under suspension
10144
and who during such period of suspension sells or purchases or
10145
attempts to sell or purchase any saltwater product shall be
10146
assessed the following penalties:
10147
1. A first violation, or a second violation occurring more
10148
than 12 months after a first violation, is a first degree
10150
and such commercial harvester or wholesale or retail dealer may
10151
be assessed a civil penalty of up to $2,500 and an additional
10152
suspension of all license privileges under this chapter and
10153
chapter 372 for a period not exceeding 90 days.
10154
2. A second violation occurring within 12 months of a first
10155
violation is a third degree felony, punishable as provided in ss.
10157
imprisonment of 1 year, and such commercial harvester or
10158
wholesale or retail dealer may be assessed a civil penalty of up
10159
to $5,000 and an additional suspension of all license privileges
10160
under this chapter and chapter 372 for a period not exceeding 180
10161
days. All property involved in such offense shall be forfeited
10162
pursuant to s. 379.337 370.061.
10163
3. A third violation within 24 months of the second
10164
violation or subsequent violation is a third degree felony,
10166
mandatory minimum term of imprisonment of 1 year, and such
10167
commercial harvester or wholesale or retail dealer shall be
10168
assessed a mandatory civil penalty of up to $5,000 and an
10169
additional suspension of all license privileges under this
10170
chapter and chapter 372 for a period not exceeding 24 months. All
10171
property involved in such offense shall be forfeited pursuant to
10172
s. 379.337 370.061.
10173
(d) Any commercial harvester who harvests or attempts to
10174
harvest any saltwater product with intent to sell the saltwater
10175
product without having purchased a saltwater products license
10176
with the requisite endorsements is subject to penalties as
10177
follows:
10178
1. A first violation is a misdemeanor of the second degree,
10180
2. A second violation is a misdemeanor of the first degree,
10182
commercial harvester may also be assessed a civil penalty of up
10183
to $2,500 and is subject to a suspension of all license
10184
privileges under this chapter and chapter 372 for a period not
10185
exceeding 90 days.
10186
3. A third violation is a misdemeanor of the first degree,
10188
mandatory minimum term of imprisonment of 6 months, and such
10189
commercial harvester may also be assessed a civil penalty of up
10190
to $5,000 and is subject to a suspension of all license
10191
privileges under this chapter and chapter 372 for a period not
10192
exceeding 6 months.
10193
4. A third violation within 1 year after a second violation
10194
is a felony of the third degree, punishable as provided in s.
10196
imprisonment of 1 year, and such commercial harvester shall also
10197
be assessed a civil penalty of $5,000 and all license privileges
10198
under this chapter and chapter 372 shall be permanently revoked.
10199
5. A fourth or subsequent violation is a felony of the
10201
with a mandatory minimum term of imprisonment of 1 year, and such
10202
commercial harvester shall also be assessed a mandatory civil
10203
penalty of $5,000 and all license privileges under this chapter
10204
and chapter 372 shall be permanently revoked.
10205
10206
For purposes of this subsection, a violation means any judicial
10207
disposition other than acquittal or dismissal.
10208
(7)(11) REVOCATION OF LICENSES.--Any person licensed under
10209
this chapter who has been convicted of taking aquaculture species
10210
raised at a certified facility shall have his or her license
10211
revoked for 5 years by the commission pursuant to the provisions
10212
and procedures of s. 120.60.
10213
(8)(12) LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
10214
purposes of imposing license or permit suspensions or revocations
10215
authorized by this chapter, the license or permit under which the
10216
violation was committed is subject to suspension or revocation by
10217
the commission. For purposes of assessing monetary civil or
10218
administrative penalties authorized by this chapter, the
10219
commercial harvester cited and subsequently receiving a judicial
10220
disposition of other than dismissal or acquittal in a court of
10221
law is subject to the monetary penalty assessment by the
10222
commission. However, if the license or permitholder of record is
10223
not the commercial harvester receiving the citation and judicial
10224
disposition, the license or permit may be suspended or revoked
10225
only after the license or permitholder has been notified by the
10226
commission that the license or permit has been cited in a major
10227
violation and is now subject to suspension or revocation should
10228
the license or permit be cited for subsequent major violations.
10229
Section 174. Section 372.84, Florida Statutes, is
10230
renumbered as section 379.408, Florida Statutes, to read:
10231
379.408 372.84 Forfeiture or denial of licenses and
10232
permits.--Any person convicted as aforesaid shall forfeit to the
10233
state any license or permit that may have been issued to her or
10234
him under the provisions of this law, or other law of this state
10235
relating to game shall forthwith surrender the same to the court.
10236
If such violation occurs in the open season, relating to game, no
10237
license or permit shall be issued under the provisions of this
10238
law to such person at any time during the remainder of such open
10239
season, or if such violation occurs during the closed season no
10240
license shall be issued to such person for the open season on
10241
game next following.
10242
Section 175. Section 372.663, Florida Statutes, is
10243
renumbered as section 379.409, Florida Statutes, to read:
10244
379.409 372.663 Illegal killing, possessing, or capturing
10245
of alligators or other crocodilia or eggs; confiscation of
10246
equipment.--
10247
(1) It is unlawful to intentionally kill, injure, possess,
10248
or capture, or attempt to kill, injure, possess, or capture, an
10249
alligator or other crocodilian, or the eggs of an alligator or
10250
other crocodilian, unless authorized by the rules of the Fish and
10251
Wildlife Conservation Commission. Any person who violates this
10252
section is guilty of a felony of the third degree, punishable as
10254
such other punishment as may be provided by law. Any equipment,
10255
including but not limited to weapons, vehicles, boats, and lines,
10256
used by a person in the commission of a violation of any law,
10257
rule, regulation, or order relating to alligators or other
10258
crocodilia or the eggs of alligators or other crocodilia shall,
10259
upon conviction of such person, be confiscated by the Fish and
10260
Wildlife Conservation Commission and disposed of according to
10261
rules and regulations of the commission. The arresting officer
10262
shall promptly make a return of the seizure, describing in detail
10263
the property seized and the facts and circumstances under which
10264
it was seized, including the names of all persons known to the
10265
officer who have an interest in the property.
10266
(2) The commission shall promptly fix the value of the
10267
property and make return to the clerk of the circuit court of the
10268
county wherein same was seized. Upon proper showing that any such
10269
property is owned by, or titled in the name of, any innocent
10270
party, such property shall be promptly returned to such owner.
10271
(3) The provisions of this section shall not vitiate any
10272
valid lien, retain title contract, or chattel mortgage on such
10273
property in effect as of the time of such seizure.
10274
Section 176. Section 372.0725, Florida Statutes, is
10275
renumbered as section 379.411, Florida Statutes, to read:
10276
379.411 372.0725 Killing or wounding of any species
10277
designated as endangered, threatened, or of special concern;
10278
criminal penalties.--It is unlawful for a person to intentionally
10279
kill or wound any fish or wildlife of a species designated by the
10280
Fish and Wildlife Conservation Commission as endangered,
10281
threatened, or of special concern, or to intentionally destroy
10282
the eggs or nest of any such fish or wildlife, except as provided
10283
for in the rules of the commission. Any person who violates this
10284
provision with regard to an endangered or threatened species is
10285
guilty of a felony of the third degree, punishable as provided in
10287
Section 177. Section 372.671, Florida Statutes, is
10288
renumbered as section 379.4115, Florida Statutes, and amended to
10289
read:
10290
379.4115 372.671 Florida or wild panther; killing
10291
prohibited; penalty.--
10292
(1) It is unlawful for a person to kill a member of the
10293
Florida "endangered species," as defined in s. 379.2291(3)
10294
372.072(3), known as the Florida panther (Felis concolor coryi).
10295
(2) It is unlawful for a person to kill any member of the
10296
species of panther (Felis concolor) occurring in the wild.
10297
(3) A person convicted of unlawfully killing a Florida
10298
panther, or unlawfully killing any member of the species of
10299
panther occurring in the wild, is guilty of a felony of the third
10301
10302
Section 178. Section 370.1121, Florida Statutes, is
10303
renumbered as section 379.413, Florida Statutes, and amended to
10304
read:
10305
379.413 370.1121 Bonefish; penalties regulation.--
10306
(1) It is unlawful to take or attempt to take any bonefish
10307
(Albula vulpes) from any of the waters of the state for the
10308
purpose of sale or exchange while fishing with any net, seine, or
10309
similar device.
10310
(2) It is unlawful for any wholesale or retail fish dealer
10311
to possess, buy, sell, or store any bonefish or permit any
10312
bonefish to be possessed, sold, or stored on, in, or about the
10313
premises where such wholesale or retail fish business is carried
10314
on or conducted. It shall be unlawful for any person, firm, or
10315
corporation to buy or sell bonefish in any form.
10316
(3) A commercial harvester or wholesale or retail saltwater
10317
products dealer who violates commission rules pertaining to
10318
bonefish s.370.1121 this section shall be punished under s.
10319
379.407 370.021. Any other person who violates this section
10320
commits a Level Two violation under s. 379.401 372.83.
10321
Section 179. Section 379.414, Florida Statutes, is created
10322
to read:
10323
379.414 Additional penalties for saltwater products dealers
10324
violating records requirements.--
10325
(1) The commission may revoke, suspend, or deny the renewal
10326
of the license of any saltwater products dealer for failure to
10327
make and keep records as required by s. 379.362, for failure to
10328
make required reports, for failure or refusal to permit the
10329
examination of required records, or for falsifying any such
10330
record. In addition to other applicable penalties, the commission
10331
may impose against any person, firm, or corporation who is
10332
determined to have violated any provision of s. 379.362 or any
10333
provisions of any commission rules adopted pursuant to s.
10334
379.407, the following additional penalties:
10335
(a) For the first violation, a civil penalty of up to
10336
$1,000;
10337
(b) For a second violation committed within 24 months of
10338
any previous violation, a civil penalty of up to $2,500; and
10339
(c) For a third or subsequent violation committed within 36
10340
months of any previous two violations, a civil penalty of up to
10341
$5,000.
10342
(2) The proceeds of all civil penalties collected pursuant
10343
to this section shall be deposited into the Marine Resources
10344
Conservation Trust Fund and shall be used for administration,
10345
auditing, and law enforcement purposes.
10346
Section 180. Paragraph (a) of subsection (1) of section
10347
72.011, Florida Statutes, is amended to read:
10348
72.011 Jurisdiction of circuit courts in specific tax
10349
matters; administrative hearings and appeals; time for commencing
10350
action; parties; deposits.--
10351
(1)(a) A taxpayer may contest the legality of any
10352
assessment or denial of refund of tax, fee, surcharge, permit,
10354
chapter 198, chapter 199, chapter 201, chapter 202, chapter 203,
10355
chapter 206, chapter 207, chapter 210, chapter 211, chapter 212,
10356
chapter 213, chapter 220, chapter 221, s. 379.362(3) 370.07(3),
10358
538.25, chapter 550, chapter 561, chapter 562, chapter 563,
10359
chapter 564, chapter 565, chapter 624, or s. 681.117 by filing an
10360
action in circuit court; or, alternatively, the taxpayer may file
10361
a petition under the applicable provisions of chapter 120.
10362
However, once an action has been initiated under s. 120.56, s.
10364
relating to the same subject matter may be filed by the taxpayer
10365
in circuit court, and judicial review shall be exclusively
10366
limited to appellate review pursuant to s. 120.68; and once an
10367
action has been initiated in circuit court, no action may be
10368
brought under chapter 120.
10369
Section 181. Section 97.05831, Florida Statutes, is amended
10370
to read:
10371
97.05831 Voter registration applications made available to
10372
the Fish and Wildlife Conservation Commission.--As required in s.
10373
379.352 372.561, each supervisor of elections shall supply voter
10374
registration applications to the Fish and Wildlife Conservation
10375
Commission and its subagents, as needed.
10376
Section 182. Subsection (4) of section 125.01, Florida
10377
Statutes, is amended to read:
10378
125.01 Powers and duties.--
10379
(4) The legislative and governing body of a county shall
10380
not have the power to regulate the taking or possession of
10381
saltwater fish, as defined in s. 379.101 370.01, with respect to
10382
the method of taking, size, number, season, or species. However,
10383
this subsection does not prohibit a county from prohibiting, for
10384
reasons of protecting the public health, safety, or welfare,
10385
saltwater fishing from real property owned by that county, nor
10386
does it prohibit the imposition of excise taxes by county
10387
ordinance.
10388
Section 183. Subsections (1) and (4) of section 142.01,
10389
Florida Statutes, are amended to read:
10390
142.01 Fine and forfeiture fund; clerk of the circuit
10391
court.--There shall be established by the clerk of the circuit
10392
court in each county of this state a separate fund to be known as
10393
the fine and forfeiture fund for use by the clerk of the circuit
10394
court in performing court-related functions. The fund shall
10395
consist of the following:
10396
(1) Fines and penalties pursuant to ss. 28.2402(2),
10398
775.083(1).
10399
(4) Proceeds from forfeited bail bonds, unclaimed bonds,
10400
unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
10402
10403
Notwithstanding the provisions of this section, all fines and
10404
forfeitures arising from operation of the provisions of s.
10405
318.1215 shall be disbursed in accordance with that section.
10406
Section 184. Paragraph (c) of subsection (5) of section
10407
161.053, Florida Statutes, is amended to read:
10408
161.053 Coastal construction and excavation; regulation on
10409
county basis.--
10410
(5) Except in those areas where local zoning and building
10411
codes have been established pursuant to subsection (4), a permit
10412
to alter, excavate, or construct on property seaward of
10413
established coastal construction control lines may be granted by
10414
the department as follows:
10415
(c) The department may condition the nature, timing, and
10416
sequence of construction of permitted activities to provide
10417
protection to nesting sea turtles and hatchlings and their
10418
habitat, pursuant to s. 379.2431 370.12, and to native salt-
10419
resistant vegetation and endangered plant communities.
10420
Section 185. Subsection (11) of section 201.15, Florida
10421
Statutes, is amended to read:
10422
201.15 Distribution of taxes collected.--All taxes
10423
collected under this chapter shall be distributed as follows and
10424
shall be subject to the service charge imposed in s. 215.20(1),
10425
except that such service charge shall not be levied against any
10426
portion of taxes pledged to debt service on bonds to the extent
10427
that the amount of the service charge is required to pay any
10428
amounts relating to the bonds:
10429
(11) From the moneys specified in paragraphs (1)(e) and
10430
(2)(a) and prior to deposit of any moneys into the General
10431
Revenue Fund, $30 million shall be paid into the State Treasury
10432
to the credit of the Ecosystem Management and Restoration Trust
10433
Fund in fiscal year 2000-2001 and each fiscal year thereafter, to
10434
be used for the preservation and repair of the state's beaches as
10436
the State Treasury to the credit of the Marine Resources
10437
Conservation Trust Fund to be used for marine mammal care as
10438
provided in s. 379.208(3) 370.0603(3), and $300,000 shall be paid
10439
into the State Treasury to the credit of the General Inspection
10440
Trust Fund in fiscal year 2006-2007 and each fiscal year
10441
thereafter, to be used to fund oyster management and restoration
10442
programs as provided in s. 379.362(3) 370.07(3).
10443
Section 186. Paragraph (b) of subsection (8) of section
10444
212.06, Florida Statutes, is amended to read:
10445
212.06 Sales, storage, use tax; collectible from dealers;
10446
"dealer" defined; dealers to collect from purchasers; legislative
10447
intent as to scope of tax.--
10448
(8)
10449
(b) The presumption that tangible personal property used in
10450
another state, territory of the United States, or the District of
10451
Columbia for 6 months or longer before being imported into this
10452
state was not purchased for use in this state does not apply to
10453
any boat for which a saltwater fishing license fee is required to
10454
be paid pursuant to s. 379.354(7) 372.57(7), either directly or
10455
indirectly, for the purpose of taking, attempting to take, or
10456
possessing any saltwater fish for noncommercial purposes. Use tax
10457
shall apply and be due on such a boat as provided in this
10458
paragraph, and proof of payment of such tax must be presented
10459
prior to the first such licensure of the boat, registration of
10460
the boat pursuant to chapter 328, and titling of the boat
10461
pursuant to chapter 328. A boat that is first licensed within 1
10462
year after purchase shall be subject to use tax on the full
10463
amount of the purchase price; a boat that is first licensed in
10464
the second year after purchase shall be subject to use tax on 90
10465
percent of the purchase price; a boat that is first licensed in
10466
the third year after purchase shall be subject to use tax on 80
10467
percent of the purchase price; a boat that is first licensed in
10468
the fourth year after purchase shall be subject to use tax on 70
10469
percent of the purchase price; a boat that is first licensed in
10470
the fifth year after purchase shall be subject to use tax on 60
10471
percent of the purchase price; and a boat that is first licensed
10472
in the sixth year after purchase, or later, shall be subject to
10473
use tax on 50 percent of the purchase price. If the purchaser
10474
fails to provide the purchase invoice on such boat, the fair
10475
market value of the boat at the time of importation into this
10476
state shall be used to compute the tax.
10477
Section 187. Paragraph (h) of subsection (5) of section
10478
212.08, Florida Statutes, is amended to read:
10479
212.08 Sales, rental, use, consumption, distribution, and
10480
storage tax; specified exemptions.--The sale at retail, the
10481
rental, the use, the consumption, the distribution, and the
10482
storage to be used or consumed in this state of the following are
10483
hereby specifically exempt from the tax imposed by this chapter.
10484
(5) EXEMPTIONS; ACCOUNT OF USE.--
10485
(h) Business property used in an enterprise zone.--
10486
1. Business property purchased for use by businesses
10487
located in an enterprise zone which is subsequently used in an
10488
enterprise zone shall be exempt from the tax imposed by this
10489
chapter. This exemption inures to the business only through a
10490
refund of previously paid taxes. A refund shall be authorized
10491
upon an affirmative showing by the taxpayer to the satisfaction
10492
of the department that the requirements of this paragraph have
10493
been met.
10494
2. To receive a refund, the business must file under oath
10495
with the governing body or enterprise zone development agency
10496
having jurisdiction over the enterprise zone where the business
10497
is located, as applicable, an application which includes:
10498
a. The name and address of the business claiming the
10499
refund.
10500
b. The identifying number assigned pursuant to s. 290.0065
10501
to the enterprise zone in which the business is located.
10502
c. A specific description of the property for which a
10503
refund is sought, including its serial number or other permanent
10504
identification number.
10505
d. The location of the property.
10506
e. The sales invoice or other proof of purchase of the
10507
property, showing the amount of sales tax paid, the date of
10508
purchase, and the name and address of the sales tax dealer from
10509
whom the property was purchased.
10510
f. Whether the business is a small business as defined by
10511
s. 288.703(1).
10512
g. If applicable, the name and address of each permanent
10513
employee of the business, including, for each employee who is a
10514
resident of an enterprise zone, the identifying number assigned
10515
pursuant to s. 290.0065 to the enterprise zone in which the
10516
employee resides.
10517
3. Within 10 working days after receipt of an application,
10518
the governing body or enterprise zone development agency shall
10519
review the application to determine if it contains all the
10520
information required pursuant to subparagraph 2. and meets the
10521
criteria set out in this paragraph. The governing body or agency
10522
shall certify all applications that contain the information
10523
required pursuant to subparagraph 2. and meet the criteria set
10524
out in this paragraph as eligible to receive a refund. If
10525
applicable, the governing body or agency shall also certify if 20
10526
percent of the employees of the business are residents of an
10527
enterprise zone, excluding temporary and part-time employees. The
10528
certification shall be in writing, and a copy of the
10529
certification shall be transmitted to the executive director of
10530
the Department of Revenue. The business shall be responsible for
10531
forwarding a certified application to the department within the
10532
time specified in subparagraph 4.
10533
4. An application for a refund pursuant to this paragraph
10534
must be submitted to the department within 6 months after the tax
10535
is due on the business property that is purchased.
10536
5. The amount refunded on purchases of business property
10537
under this paragraph shall be the lesser of 97 percent of the
10538
sales tax paid on such business property or $5,000, or, if no
10539
less than 20 percent of the employees of the business are
10540
residents of an enterprise zone, excluding temporary and part-
10541
time employees, the amount refunded on purchases of business
10542
property under this paragraph shall be the lesser of 97 percent
10543
of the sales tax paid on such business property or $10,000. A
10544
refund approved pursuant to this paragraph shall be made within
10545
30 days of formal approval by the department of the application
10546
for the refund. No refund shall be granted under this paragraph
10547
unless the amount to be refunded exceeds $100 in sales tax paid
10548
on purchases made within a 60-day time period.
10549
6. The department shall adopt rules governing the manner
10550
and form of refund applications and may establish guidelines as
10551
to the requisites for an affirmative showing of qualification for
10552
exemption under this paragraph.
10553
7. If the department determines that the business property
10554
is used outside an enterprise zone within 3 years from the date
10555
of purchase, the amount of taxes refunded to the business
10556
purchasing such business property shall immediately be due and
10557
payable to the department by the business, together with the
10558
appropriate interest and penalty, computed from the date of
10559
purchase, in the manner provided by this chapter. Notwithstanding
10560
this subparagraph, business property used exclusively in:
10561
a. Licensed commercial fishing vessels,
10562
b. Fishing guide boats, or
10563
c. Ecotourism guide boats
10564
10565
that leave and return to a fixed location within an area
10566
designated under s. 379.2353 370.28 are eligible for the
10567
exemption provided under this paragraph if all requirements of
10568
this paragraph are met. Such vessels and boats must be owned by a
10569
business that is eligible to receive the exemption provided under
10570
this paragraph. This exemption does not apply to the purchase of
10571
a vessel or boat.
10572
8. The department shall deduct an amount equal to 10
10573
percent of each refund granted under the provisions of this
10574
paragraph from the amount transferred into the Local Government
10575
Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20 for
10576
the county area in which the business property is located and
10577
shall transfer that amount to the General Revenue Fund.
10578
9. For the purposes of this exemption, "business property"
10579
means new or used property defined as "recovery property" in s.
10580
168(c) of the Internal Revenue Code of 1954, as amended, except:
10581
a. Property classified as 3-year property under s.
10582
168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
10583
b. Industrial machinery and equipment as defined in sub-
10584
subparagraph (b)6.a. and eligible for exemption under paragraph
10585
(b);
10586
c. Building materials as defined in sub-subparagraph
10587
(g)8.a.; and
10588
d. Business property having a sales price of under $5,000
10589
per unit.
10590
10. This paragraph expires on the date specified in s.
10591
290.016 for the expiration of the Florida Enterprise Zone Act.
10592
Section 188. Paragraph (o) of subsection (1) of section
10593
213.053, Florida Statutes, is amended to read:
10594
213.053 Confidentiality and information sharing.--
10595
(1) This section applies to:
10596
(o) Section 379.362(3) 370.07(3), Apalachicola Bay oyster
10597
surcharge;
10598
Section 189. Paragraph (u) of subsection (4) of section
10599
215.20, Florida Statutes, is amended to read:
10600
215.20 Certain income and certain trust funds to contribute
10601
to the General Revenue Fund.--
10602
(4) The income of a revenue nature deposited in the
10603
following described trust funds, by whatever name designated, is
10604
that from which the appropriations authorized by subsection (3)
10605
shall be made:
10606
(u) Within the Fish and Wildlife Conservation Commission:
10607
1. The Conservation and Recreation Lands Program Trust
10608
Fund.
10609
2. The Florida Panther Research and Management Trust Fund.
10610
3. The Land Acquisition Trust Fund.
10611
4. The Marine Resources Conservation Trust Fund, with the
10612
exception of those fees collected for recreational saltwater
10613
fishing licenses as provided in s. 379.354 372.57.
10614
10615
The enumeration of the foregoing moneys or trust funds shall not
10616
prohibit the applicability thereto of s. 215.24 should the
10617
Governor determine that for the reasons mentioned in s. 215.24
10618
the money or trust funds should be exempt herefrom, as it is the
10619
purpose of this law to exempt income from its force and effect
10620
when, by the operation of this law, federal matching funds or
10621
contributions or private grants to any trust fund would be lost
10622
to the state.
10623
Section 190. Subsection (6) of section 290.004, Florida
10624
Statutes, is amended to read:
10625
290.004 Definitions relating to Florida Enterprise Zone
10627
(6) "Rural enterprise zone" means an enterprise zone that
10628
is nominated by a county having a population of 75,000 or fewer,
10629
or a county having a population of 100,000 or fewer which is
10630
contiguous to a county having a population of 75,000 or fewer, or
10631
by a municipality in such a county, or by such a county and one
10632
or more municipalities. An enterprise zone designated in
10634
considered to be a rural enterprise zone.
10635
Section 191. Paragraph (b) of subsection (1) and paragraph
10636
(b) of subsection (24) and of section 320.08058, Florida
10637
Statutes, are amended to read:
10638
320.08058 Specialty license plates.--
10639
(1) MANATEE LICENSE PLATES.--
10640
(b) The manatee license plate annual use fee must be
10641
deposited into the Save the Manatee Trust Fund, created within
10642
the Fish and Wildlife Conservation Commission, and shall be used
10643
only for the purposes specified in s. 379.2431(4) 370.12(4).
10644
(24) CONSERVE WILDLIFE LICENSE PLATES.--
10645
(b) The proceeds of the Conserve Wildlife license plate
10646
annual use fee shall be forwarded to the Wildlife Foundation of
10647
Florida, Inc., a citizen support organization created pursuant to
10648
s. 379.223 372.0215.
10649
1. Notwithstanding s. 320.08062, up to 10 percent of the
10650
proceeds from the annual use fee may be used for marketing the
10651
Conserve Wildlife license plate and administrative costs directly
10652
related to the management and distribution of the proceeds.
10653
2. The remaining proceeds from the annual use fee shall be
10654
used for programs and activities of the Fish and Wildlife
10655
Conservation Commission that contribute to the health and well-
10656
being of Florida black bears and other wildlife diversity.
10657
Section 192. Paragraph (a) of subsection (5) of section
10658
327.02, Florida Statutes, is amended to read:
10659
327.02 Definitions of terms used in this chapter and in
10660
chapter 328.--As used in this chapter and in chapter 328, unless
10661
the context clearly requires a different meaning, the term:
10662
(5) "Commercial vessel" means:
10663
(a) Any vessel primarily engaged in the taking or landing
10664
of saltwater fish or saltwater products or freshwater fish or
10665
freshwater products, or any vessel licensed pursuant to s.
10666
379.361 370.06 from which commercial quantities of saltwater
10667
products are harvested, from within and without the waters of
10668
this state for sale either to the consumer, retail dealer, or
10669
wholesale dealer.
10670
Section 193. Subsection (2) of section 327.41, Florida
10671
Statutes, is amended to read:
10672
327.41 Uniform waterway regulatory markers.--
10673
(2) Any county or municipality which has been granted a
10674
restricted area designation, pursuant to s. 327.46, for a portion
10675
of the Florida Intracoastal Waterway within its jurisdiction or
10676
which has adopted a restricted area by ordinance pursuant to s.
10678
other governmental entity which has legally established a
10679
restricted area, may apply to the commission for permission to
10680
place regulatory markers within the restricted area.
10681
Section 194. Paragraph (k) of subsection (1) of section
10682
327.73, Florida Statutes, is amended to read:
10683
327.73 Noncriminal infractions.--
10684
(1) Violations of the following provisions of the vessel
10685
laws of this state are noncriminal infractions:
10686
(k) Violations relating to restricted areas and speed
10687
limits:
10688
1. Established by the commission pursuant to s. 327.46.
10689
2. Established by local governmental authorities pursuant
10691
3. Speed limits established pursuant to s. 379.2431(2)
10692
370.12(2).
10693
10694
Any person cited for a violation of any such provision shall be
10695
deemed to be charged with a noncriminal infraction, shall be
10696
cited for such an infraction, and shall be cited to appear before
10697
the county court. The civil penalty for any such infraction is
10698
$50, except as otherwise provided in this section. Any person who
10699
fails to appear or otherwise properly respond to a uniform
10700
boating citation shall, in addition to the charge relating to the
10701
violation of the boating laws of this state, be charged with the
10702
offense of failing to respond to such citation and, upon
10703
conviction, be guilty of a misdemeanor of the second degree,
10705
warning to this effect shall be provided at the time such uniform
10706
boating citation is issued.
10707
Section 195. Subsection (1) of section 328.66, Florida
10708
Statutes, is amended to read:
10709
328.66 County and municipality optional registration fee.--
10710
(1) Any county may impose an annual registration fee on
10711
vessels registered, operated, or stored in the water within its
10712
jurisdiction. This fee shall be 50 percent of the applicable
10713
state registration fee. However, the first $1 of every
10714
registration imposed under this subsection shall be remitted to
10715
the state for deposit in the Save the Manatee Trust Fund created
10716
within the Fish and Wildlife Conservation Commission, and shall
10717
be used only for the purposes specified in s. 379.2431(4)
10718
370.12(4). All other moneys received from such fee shall be
10719
expended for the patrol, regulation, and maintenance of the
10720
lakes, rivers, and waters and for other boating-related
10721
activities of such municipality or county. A municipality that
10722
was imposing a registration fee before April 1, 1984, may
10723
continue to levy such fee, notwithstanding the provisions of this
10724
section.
10725
Section 196. Subsections (11) and (16) of section 328.72,
10726
Florida Statutes, are amended to read:
10727
328.72 Classification; registration; fees and charges;
10728
surcharge; disposition of fees; fines; marine turtle stickers.--
10729
(11) VOLUNTARY CONTRIBUTIONS.--The application form for
10730
boat registration shall include a provision to allow each
10731
applicant to indicate a desire to pay an additional voluntary
10732
contribution to the Save the Manatee Trust Fund to be used for
10733
the purposes specified in s. 379.2431(4) 370.12(4). This
10734
contribution shall be in addition to all other fees and charges.
10735
The amount of the request for a voluntary contribution solicited
10736
shall be $2 or $5 per registrant. A registrant who provides a
10737
voluntary contribution of $5 or more shall be given a sticker or
10738
emblem by the tax collector to display, which signifies support
10739
for the Save the Manatee Trust Fund. All voluntary contributions
10740
shall be deposited in the Save the Manatee Trust Fund and shall
10741
be used for the purposes specified in s. 379.2431(4) 370.12(4).
10742
The form shall also include language permitting a voluntary
10743
contribution of $5 per applicant, which contribution shall be
10744
transferred into the Election Campaign Financing Trust Fund. A
10745
statement providing an explanation of the purpose of the trust
10746
fund shall also be included.
10747
(16) MARINE TURTLE STICKER.--The Department of Highway
10748
Safety and Motor Vehicles shall offer for sale with vessel
10749
registrations a waterproof sticker in the shape of a marine
10750
turtle at an additional cost of $5, the proceeds of which shall
10751
be deposited in the Marine Resources Conservation Trust Fund to
10752
be used for marine turtle protection, research, and recovery
10753
efforts pursuant to the provisions of s. 379.2431(1) 370.12(1).
10754
Section 197. Paragraph (a) of subsection (1) and subsection
10755
(2) of section 328.76, Florida Statutes, are amended to read:
10756
328.76 Marine Resources Conservation Trust Fund; vessel
10757
registration funds; appropriation and distribution.--
10758
(1) Except as otherwise specified in this subsection and
10759
less $1.4 million for any administrative costs which shall be
10760
deposited in the Highway Safety Operating Trust Fund, in each
10761
fiscal year beginning on or after July 1, 2001, all funds
10762
collected from the registration of vessels through the Department
10763
of Highway Safety and Motor Vehicles and the tax collectors of
10764
the state, except for those funds designated as the county
10765
portion pursuant to s. 328.72(1), shall be deposited in the
10766
Marine Resources Conservation Trust Fund for recreational channel
10767
marking; public launching facilities; law enforcement and quality
10768
control programs; aquatic weed control; manatee protection,
10769
recovery, rescue, rehabilitation, and release; and marine mammal
10770
protection and recovery. The funds collected pursuant to s.
10771
328.72(1) shall be transferred as follows:
10772
(a) In each fiscal year, an amount equal to $1.50 for each
10773
commercial and recreational vessel registered in this state shall
10774
be transferred by the Department of Highway Safety and Motor
10775
Vehicles to the Save the Manatee Trust Fund and shall be used
10776
only for the purposes specified in s. 379.2431(4) 370.12(4).
10777
(2) All funds collected pursuant to s. 379.361(2) 370.06(2)
10778
shall be deposited in the Marine Resources Conservation Trust
10779
Fund. Such funds shall be used to pay the cost of implementing
10780
the saltwater products license program. Additional proceeds from
10781
the licensing revenue shall be distributed among the following
10782
program functions:
10783
(a) No more than 15 percent shall go to marine law
10784
enforcement;
10785
(b) Twenty-five percent shall go to the Florida Saltwater
10786
Products Promotion Trust Fund within the Department of
10787
Agriculture and Consumer Services, on a monthly basis, for the
10788
purpose of providing marketing and extension services including
10789
industry information and education; and
10790
(c) The remainder shall go to the Fish and Wildlife
10791
Conservation Commission, for use in marine research and
10792
statistics development, including quota management.
10793
Section 198. Subsection (5) of section 373.046, Florida
10794
Statutes, is amended to read:
10795
373.046 Interagency agreements.--
10796
(5) Notwithstanding the provisions of s. 403.927, when any
10797
operating agreement is developed pursuant to subsection (4), the
10798
department shall have regulatory responsibility under part IV of
10799
this chapter for aquaculture activities that meet or exceed the
10800
thresholds for aquaculture general permits authorized pursuant to
10802
Section 199. Paragraph (h) of subsection (2) of section
10803
403.41315, Florida Statutes, is amended to read:
10804
403.41315 Comprehensive illegal dumping, litter, and marine
10805
debris control and prevention.--
10806
(2) The comprehensive illegal dumping, litter, and marine
10807
debris control and prevention program at a minimum must include
10808
the following:
10809
(h) The prohibition of balloon releases as authorized under
10810
s. 379.233 372.995.
10811
Section 200. Paragraph (f) of subsection (2) of section
10812
403.813, Florida Statutes, is amended to read:
10813
403.813 Permits issued at district centers; exceptions.--
10814
(2) A permit is not required under this chapter, chapter
10815
373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter
10816
25270, 1949, Laws of Florida, for activities associated with the
10817
following types of projects; however, except as otherwise
10818
provided in this subsection, nothing in this subsection relieves
10819
an applicant from any requirement to obtain permission to use or
10820
occupy lands owned by the Board of Trustees of the Internal
10821
Improvement Trust Fund or any water management district in its
10822
governmental or proprietary capacity or from complying with
10823
applicable local pollution control programs authorized under this
10824
chapter or other requirements of county and municipal
10825
governments:
10826
(f) The performance of maintenance dredging of existing
10827
manmade canals, channels, intake and discharge structures, and
10828
previously dredged portions of natural water bodies within
10829
drainage rights-of-way or drainage easements which have been
10830
recorded in the public records of the county, where the spoil
10831
material is to be removed and deposited on a self-contained,
10832
upland spoil site which will prevent the escape of the spoil
10833
material into the waters of the state, provided that no more
10834
dredging is to be performed than is necessary to restore the
10835
canals, channels, and intake and discharge structures, and
10836
previously dredged portions of natural water bodies, to original
10837
design specifications or configurations, provided that the work
10838
is conducted in compliance with s. 379.2431(2)(d) 370.12(2)(d),
10839
provided that no significant impacts occur to previously
10840
undisturbed natural areas, and provided that control devices for
10841
return flow and best management practices for erosion and
10842
sediment control are utilized to prevent bank erosion and
10843
scouring and to prevent turbidity, dredged material, and toxic or
10844
deleterious substances from discharging into adjacent waters
10845
during maintenance dredging. Further, for maintenance dredging of
10846
previously dredged portions of natural water bodies within
10847
recorded drainage rights-of-way or drainage easements, an entity
10848
that seeks an exemption must notify the department or water
10849
management district, as applicable, at least 30 days prior to
10850
dredging and provide documentation of original design
10851
specifications or configurations where such exist. This exemption
10852
applies to all canals and previously dredged portions of natural
10853
water bodies within recorded drainage rights-of-way or drainage
10854
easements constructed prior to April 3, 1970, and to those canals
10855
and previously dredged portions of natural water bodies
10856
constructed on or after April 3, 1970, pursuant to all necessary
10857
state permits. This exemption does not apply to the removal of a
10858
natural or manmade barrier separating a canal or canal system
10859
from adjacent waters. When no previous permit has been issued by
10860
the Board of Trustees of the Internal Improvement Trust Fund or
10861
the United States Army Corps of Engineers for construction or
10862
maintenance dredging of the existing manmade canal or intake or
10863
discharge structure, such maintenance dredging shall be limited
10864
to a depth of no more than 5 feet below mean low water. The Board
10865
of Trustees of the Internal Improvement Trust Fund may fix and
10866
recover from the permittee an amount equal to the difference
10867
between the fair market value and the actual cost of the
10868
maintenance dredging for material removed during such maintenance
10869
dredging. However, no charge shall be exacted by the state for
10870
material removed during such maintenance dredging by a public
10871
port authority. The removing party may subsequently sell such
10872
material; however, proceeds from such sale that exceed the costs
10873
of maintenance dredging shall be remitted to the state and
10874
deposited in the Internal Improvement Trust Fund.
10875
Section 201. Paragraph (a) of subsection (5) and paragraph
10876
(a) of subsection (18) of section 597.010, Florida Statutes, are
10877
amended to read:
10878
597.010 Shellfish regulation; leases.--
10879
(5) LEASES IN PERPETUITY; RENT.--
10880
(a) All leases issued previously under the provisions of s.
10881
379.2525 370.16 shall be enforced under the authority of this
10882
chapter, notwithstanding any other law to the contrary, and shall
10883
continue in perpetuity under such restrictions as stated in the
10884
lease agreement. The annual rental fee charged for all leases
10885
shall consist of the minimum rate of $15 per acre, or any
10886
fraction of an acre, per year and shall be adjusted on January 1,
10887
1995, and every 5 years thereafter, based on the 5-year average
10888
change in the Consumer Price Index. Rent shall be paid in advance
10889
of January 1 of each year or in the case of a new lease at the
10890
time of signing, regardless of who holds the lease.
10891
(18) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL
10892
REEFS; LICENSES, ETC.; PENALTY.--
10893
(a) It is unlawful to use a dredge or any means or
10894
implement other than hand tongs in removing oysters from the
10895
natural or artificial state reefs or beds. This restriction shall
10896
apply to all areas of Apalachicola Bay for all shellfish
10897
harvesting, excluding private grounds leased or granted by the
10898
state prior to July 1, 1989, if the lease or grant specifically
10899
authorizes the use of implements other than hand tongs for
10900
harvesting. Except in Apalachicola Bay, upon the payment of $25
10901
annually, for each vessel or boat using a dredge or machinery in
10902
the gathering of clams or mussels, a special activity license may
10903
be issued by the Fish and Wildlife Conservation Commission
10904
pursuant to subsection (15) or s. 379.361 370.06 for such use to
10905
such person.
10906
Section 202. Paragraphs (a), (d), and (e) of subsection (4)
10907
of section 777.04, Florida Statutes, are amended to read:
10908
777.04 Attempts, solicitation, and conspiracy.--
10909
(4)(a) Except as otherwise provided in ss. 104.091(2),
10911
921.0022, the offense of criminal attempt, criminal solicitation,
10912
or criminal conspiracy is ranked for purposes of sentencing under
10913
chapter 921 and determining incentive gain-time eligibility under
10914
chapter 944 one level below the ranking under s. 921.0022 or s.
10915
921.0023 of the offense attempted, solicited, or conspired to. If
10916
the criminal attempt, criminal solicitation, or criminal
10917
conspiracy is of an offense ranked in level 1 or level 2 under s.
10920
(d) Except as otherwise provided in s. 104.091(2), s.
10922
offense attempted, solicited, or conspired to is a:
10923
1. Felony of the second degree;
10924
2. Burglary that is a felony of the third degree; or
10925
3. Felony of the third degree ranked in level 3, 4, 5, 6,
10927
10928
the offense of criminal attempt, criminal solicitation, or
10929
criminal conspiracy is a felony of the third degree, punishable
10931
(e) Except as otherwise provided in s. 104.091(2), s.
10933
offense attempted, solicited, or conspired to is a felony of the
10934
third degree, the offense of criminal attempt, criminal
10935
solicitation, or criminal conspiracy is a misdemeanor of the
10937
Section 203. Paragraph (h) of subsection (2) of section
10938
810.09, Florida Statutes, is amended to read:
10939
810.09 Trespass on property other than structure or
10940
conveyance.--
10941
(2)
10942
(h) Any person who in taking or attempting to take any
10943
animal described in s. 379.101(19) or (20) 372.001(10) or (11),
10944
or in killing, attempting to kill, or endangering any animal
10945
described in s. 585.01(13) knowingly propels or causes to be
10946
propelled any potentially lethal projectile over or across
10947
private land without authorization commits trespass, a felony of
10948
the third degree, punishable as provided in s. 775.082, s.
10950
"potentially lethal projectile" includes any projectile launched
10951
from any firearm, bow, crossbow, or similar tensile device. This
10952
section does not apply to any governmental agent or employee
10953
acting within the scope of his or her official duties.
10954
Section 204. Paragraphs (b) and (c) of subsection (3) of
10955
section 921.0022, Florida Statutes, are amended to read:
10956
921.0022 Criminal Punishment Code; offense severity ranking
10957
chart.--
10958
(3) OFFENSE SEVERITY RANKING CHART
10959
(b) LEVEL 2
10960
| FloridaStatute | FelonyDegree | Description |
10961
| 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. |
10962
| 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. |
10963
| 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. |
10964
| 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
10965
| 590.28(1) | 3rd | Willful, malicious, or intentional burning. |
10966
| 784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
10967
| 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
10968
| 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
10969
| 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
10970
| 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
10971
| 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
10972
| 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
10973
| 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
10974
| 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
10975
| 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
10976
| 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
10977
| 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
10978
| 817.60(5) | 3rd | Dealing in credit cards of another. |
10979
| 817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
10980
| 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
10981
| 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
10982
| 831.01 | 3rd | Forgery. |
10983
| 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
10984
| 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
10985
| 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
10986
| 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
10987
| 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
10988
| 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
10989
| 843.08 | 3rd | Falsely impersonating an officer. |
10990
| 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. |
10991
| 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
10992
10993
(c) LEVEL 3
10994
| FloridaStatute | FelonyDegree | Description |
10995
| 119.10(2)(b) | 3rd | Unlawful use of confidential information from police reports. |
10996
| 316.066(6)(b)-(d) | 3rd | Unlawfully obtaining or using confidential crash reports. |
10997
| 316.193(2)(b) | 3rd | Felony DUI, 3rd conviction. |
10998
| 316.1935(2) | 3rd | Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. |
10999
| 319.30(4) | 3rd | Possession by junkyard of motor vehicle with identification number plate removed. |
11000
| 319.33(1)(a) | 3rd | Alter or forge any certificate of title to a motor vehicle or mobile home. |
11001
| 319.33(1)(c) | 3rd | Procure or pass title on stolen vehicle. |
11002
| 319.33(4) | 3rd | With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. |
11003
| 327.35(2)(b) | 3rd | Felony BUI. |
11004
| 328.05(2) | 3rd | Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. |
11005
| 328.07(4) | 3rd | Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. |
11006
| 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. |
11007
| 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. |
11008
| 376.302(5) | 3rd | Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. |
11009
| 400.903(3) | 3rd | Operating a clinic without a license or filing false license application or other required information. |
11010
| 440.1051(3) | 3rd | False report of workers' compensation fraud or retaliation for making such a report. |
11011
| 501.001(2)(b) | 2nd | Tampers with a consumer product or the container using materially false/misleading information. |
11012
| 624.401(4)(a) | 3rd | Transacting insurance without a certificate of authority. |
11013
| 624.401(4)(b)1. | 3rd | Transacting insurance without a certificate of authority; premium collected less than $20,000. |
11014
| 626.902(1)(a) & (b) | 3rd | Representing an unauthorized insurer. |
11015
| 697.08 | 3rd | Equity skimming. |
11016
| 790.15(3) | 3rd | Person directs another to discharge firearm from a vehicle. |
11017
| 796.05(1) | 3rd | Live on earnings of a prostitute. |
11018
| 806.10(1) | 3rd | Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. |
11019
| 806.10(2) | 3rd | Interferes with or assaults firefighter in performance of duty. |
11020
| 810.09(2)(c) | 3rd | Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. |
11021
| 812.014(2)(c)2. | 3rd | Grand theft; $5,000 or more but less than $10,000. |
11022
| 812.0145(2)(c) | 3rd | Theft from person 65 years of age or older; $300 or more but less than $10,000. |
11023
| 815.04(4)(b) | 2nd | Computer offense devised to defraud or obtain property. |
11024
| 817.034(4)(a)3. | 3rd | Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. |
11025
| 817.233 | 3rd | Burning to defraud insurer. |
11026
| 817.234(8)(b)-(c) | 3rd | Unlawful solicitation of persons involved in motor vehicle accidents. |
11027
| 817.234(11)(a) | 3rd | Insurance fraud; property value less than $20,000. |
11028
| 817.236 | 3rd | Filing a false motor vehicle insurance application. |
11029
| 817.2361 | 3rd | Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. |
11030
| 817.413(2) | 3rd | Sale of used goods as new. |
11031
| 817.505(4) | 3rd | Patient brokering. |
11032
| 828.12(2) | 3rd | Tortures any animal with intent to inflict intense pain, serious physical injury, or death. |
11033
| 831.28(2)(a) | 3rd | Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. |
11034
| 831.29 | 2nd | Possession of instruments for counterfeiting drivers' licenses or identification cards. |
11035
| 838.021(3)(b) | 3rd | Threatens unlawful harm to public servant. |
11036
| 843.19 | 3rd | Injure, disable, or kill police dog or horse. |
11037
| 860.15(3) | 3rd | Overcharging for repairs and parts. |
11038
| 870.01(2) | 3rd | Riot; inciting or encouraging. |
11039
| 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). |
11040
| 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. |
11041
| 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. |
11042
| 893.13(6)(a) | 3rd | Possession of any controlled substance other than felony possession of cannabis. |
11043
| 893.13(7)(a)8. | 3rd | Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. |
11044
| 893.13(7)(a)9. | 3rd | Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. |
11045
| 893.13(7)(a)10. | 3rd | Affix false or forged label to package of controlled substance. |
11046
| 893.13(7)(a)11. | 3rd | Furnish false or fraudulent material information on any document or record required by chapter 893. |
11047
| 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. |
11048
| 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. |
11049
| 893.13(8)(a)3. | 3rd | Knowingly write a prescription for a controlled substance for a fictitious person. |
11050
| 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. |
11051
| 918.13(1)(a) | 3rd | Alter, destroy, or conceal investigation evidence. |
11052
| 944.47(1)(a)1.-2. | 3rd | Introduce contraband to correctional facility. |
11053
| 944.47(1)(c) | 2nd | Possess contraband while upon the grounds of a correctional institution. |
11054
| 985.721 | 3rd | Escapes from a juvenile facility (secure detention or residential commitment facility). |
11055
11056
Section 205. Paragraph (e) of subsection (6) of section
11057
932.7055, Florida Statutes, is amended to read:
11058
932.7055 Disposition of liens and forfeited property.--
11059
(6) If the seizing agency is a state agency, all remaining
11060
proceeds shall be deposited into the General Revenue Fund.
11061
However, if the seizing agency is:
11062
(e) The Fish and Wildlife Conservation Commission, the
11063
proceeds accrued pursuant to the provisions of the Florida
11064
Contraband Forfeiture Act shall be deposited into the State Game
11065
Trust Fund as provided in ss. 379.338, 379.339, and 379.3395
11067
Conservation Trust Fund as provided in s. 379.337 370.061, or
11068
into the commission's Federal Law Enforcement Trust Fund as
11069
provided in s. 372.107, as applicable.
11073
are repealed.
11074
Section 207. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.