_h7091e1

HB 7091

A bill to be entitled

An act relating to fish and wildlife conservation;

consolidating chapters 370 and 372, F.S., to create

chapter 379, F.S., entitled "Fish and Wildlife

Conservation"; creating part I of chapter 379, F.S.,

relating to general provisions; creating part II of

chapter 379, F.S., relating to marine life; creating part

III of chapter 379, F.S., relating to freshwater aquatic

life; creating part IV of chapter 379, F.S., relating to

wild animal life; creating part V of chapter 379, F.S.,

relating to law enforcement; creating part VI of chapter

379, F.S., relating to licenses for recreation activities;

creating part VII of chapter 379, F.S., relating to

nonrecreational licenses; creating part VIII of chapter

379, F.S., relating to penalties; renumbering, amending,

creating, and repealing various statutory provisions to

conform; renumbering and amending ss. 370.021, 370.06,

370.061, 370.063, 370.16, 370.22, 370.26, 370.028, 370.07,

370.08, 370.11, 370.1107, 370.1121, 370.135, 370.14,

370.143, 370.1535, 370.1603, 370.31, 370.73, 372.07,

372.071, 372.0715, 372.0025, 372.023, 372.0725, 372.16,

372.26, 372.551, 372.561, 372.562, 372.65, 372.57,

372.5704, 372.5705, 372.571, 372.5711, 372.5714, 372.5717,

372.5718, 372.574, 372.58, 372.581, 372.59, 372.651,

372.653, 372.66, 372.661, 372.662, 372.663, 372.664,

372.6645, 372.665, 372.6671, 372.6672, 372.6673, 372.6674,

372.6678, 372.671, 372.673, 372.70, 372.701, 372.7015,

372.7016, 372.76, 372.761, 372.83, 372.84, 372.86, 372.87,

372.88, 372.921, 372.922, 372.935, 372.988, 372.99,

372.9901, 372.99021, 372.99022, 372.9903, 372.9904,

372.9905, and 372.992, F.S.; correcting cross-references;

conforming provisions to changes made by this act;

renumbering and amending s. 370.12, F.S.; deleting an

obsolete provision relating to certain annual use fees;

correcting cross-references; renumbering and amending s.

370.13, F.S.; deleting an obsolete provision relating to

stone crab trap tag fees; correcting cross-references;

renumbering and amending s. 370.142, F.S.; deleting an

obsolete provision relating to spiny lobster trap tag

fees; correcting cross-references; renumbering and

amending s. 370.151, F.S.; deleting legislative intent

relating to shrimp beds; conforming provisions relating to

shrimping license violations; renumbering and amending s.

372.5701, F.S.; deleting provisions requiring an annual

legislative appropriation for specified activities and

programs; correcting cross-references; creating s.

379.3711, F.S.; establishing an annual license fee for

private game preserves and farms; providing for payment of

such fees to the commission; requiring proceeds to be

deposited in the State Game Trust Fund; creating 379.414,

F.S.; providing additional civil penalties for violations

of record requirements by saltwater products dealers;

requiring fees collected for such violations are deposited

in the Marine Resources Conservation Trust Fund;

specifying the use of such funds; amending ss. 72.011,

97.05831, 125.01, 142.01, 161.053, 201.15, 212.06, 212.08,

213.053, 215.20, 290.004, 320.08058, 327.02, 327.41,

327.73, 328.66, 328.72, 328.76, 373.046, 403.41315,

403.813, 597.010, 777.04, 810.09, 921.0022, and 932.7055,

F.S.; correcting cross-references to conform to changes

made by this act; repealing s. 370.081, F.S., relating to

illegal importation or possession of nonindigenous marine

plants and animals to conform to changes made by this act;

repealing s. 370.0821, F.S., relating to use of nets in

St. Johns County to conform to changes made by this act;

repealing s. 370.09, F.S., relating to industrial hazards

and prohibited oil deposits discharge to conform to

changes made by this act; repealing s. 370.1105, F.S.,

relating to saltwater finfish trap regulation to conform

to changes made by this act; repealing ss. 370.15 and

370.154, F.S., relating to shrimp regulations to conform

to changes made by this act; repealing s. 370.155, F.S.,

relating to shrimp fishing to conform to changes made by

this act; repealing 372.001, F.S., relating to wildlife

definitions to conform to changes made by this act;

repealing s. 372.0225, F.S., relating to freshwater

organisms to conform to changes made by this act;

repealing s. 372.107, F.S., relating to the Fish and

Wildlife Conservation Commission Federal Law Enforcement

Trust Fund to conform to changes made by this act;

repealing s. 372.27, F.S., relating to the prohibition of

fishing in Silver Springs and Rainbow Springs to conform

to changes made by this act; repealing s. 372.667, F.S.,

relating to the unlawful feeding or enticement of

alligators or crocodiles to conform to changes made by

this act; repealing s. 372.85, F.S., relating to the

contamination of fresh waters to conform to changes made

by this act; repealing s. 372.98, F.S., relating to the

possession of nutria to conform to changes made by this

act; repealing s. 372.981, F.S., relating to the

regulation of importation of caiman to conform to changes

made by this act; repealing s. 372.993, F.S., relating to

land-based commercial and recreational fishing activities

to conform to changes made by this act; providing an

effective date.

WHEREAS, it is the intent of the Legislature that the

consolidation of chapters 370 and 372, Florida Statutes, into a

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,

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379.2351, 379.2352, 379.2353, 379.236, and 379.237, is created

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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

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

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Florida, and any part thereof, and any other bodies of water

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under the jurisdiction of the State of Florida, between the mean

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high-water line and as far seaward as may be necessary to

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effectively carry 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

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

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common 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

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Environmental Protection.

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

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"hurricane protection" shall include any activity, work,

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program, project, or other thing deemed necessary by the

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Department of Environmental Protection to effectively preserve,

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protect, restore, rehabilitate, stabilize, and improve the

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beaches and 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

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the board of county commissioners of the county in which such

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waters lie, under agreement between the commission and an owner

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with approval by the board of county commissioners or under

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agreement with the board of county commissioners for use of

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public waters 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

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

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Florida, to such point or points where the fresh and salt waters

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commingle to such an extent as to become unpalatable and unfit

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for human consumption because of the saline content, or to such

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point or points as may be fixed by order of the commission by

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and with the consent of the board of county commissioners of the

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county or counties to be affected by such order. The

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Steinhatchee River shall be considered fresh water from its

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source to mouth.

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

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are 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,

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

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rails, 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

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Osteichthyes, and marine invertebrates in the classes

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Gastropoda, Bivalvia, and Crustacea, or the phylum

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Echinodermata, but does not include nonliving shells or

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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

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game permit the taking of particular species of game or

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varieties of fish.

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

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aside 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 ~~includes~~:

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(a) For purposes of part VII of this chapter, with the

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exception of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712,

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379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761,

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379.3762, and 379.377, and for purposes of s. 379.355, citizens

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of the United States who have continuously resided in this

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state, next preceding the making of their application for

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hunting, fishing, or other license, for the following period of

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time, to wit: For 1 year in the state and 6 months in the county

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when applied to all fish and game laws not related to freshwater

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fish and game.

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(b) For purposes of part VI of this chapter, with the

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exception of s. 379.355, and for purposes of ss. 379.363,

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379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373,

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379.374, 379.3751, 379.3752, 379.3761, 379.3762, and 379.377,

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any person who has continually resided in the state for 6 months

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or any member of the United States Armed Forces who is stationed

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in the state.

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

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

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6 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

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

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a "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

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to 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

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invertebrates of the classes Gastropoda, Bivalvia, or Crustacea,

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or of the phylum Echinodermata, but does not include nonliving

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shells or 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

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possession of such wildlife or freshwater or saltwater fish or

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their nests 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

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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

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

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

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the 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

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renumbered 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,

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

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Constitution of Florida, and as otherwise authorized by the

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Legislature by the adoption of rules, regulations, and orders in

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accordance with 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

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capital, and, when suitable adequate office space cannot be

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provided in the State Capitol Building, or other buildings owned

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by the state, the commission may rent or lease suitable office

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space in Tallahassee. Said commission may also rent or lease

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suitable and adequate space in other cities and towns of the

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state for branch or division offices and headquarters and

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storerooms for equipment and supplies, as the business of the

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commission may require or necessitate, payment for said rented

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or leased premises to be 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

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executive director of the Fish and Wildlife Conservation

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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

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renumbered 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.

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Therefore, the Legislature intends that the citizens of Florida

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have a right to hunt, fish, and take game, subject to the

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regulations and restrictions prescribed by general law and by s.

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9, Art. IV of the State Constitution.

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Section 9. Section 372.705, Florida Statutes, is

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renumbered as section 379.105, Florida Statutes, and amended to

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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

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on 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

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their 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

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

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

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supporting documents required before payment will be made; when

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

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services, or other sources and amounts of matching funds or in-

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kind matches will be eligible for use for matching the grant by

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

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and other provisions that the commission finds necessary to

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achieve program objectives and an accounting for state funds in

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accordance with law and generally accepted accounting

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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

469

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

470

Conservation and Recreation Lands Trust Fund in the Department

471

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

472

from such other sources as the Legislature may determine.

473

(2) Notwithstanding the provisions of s. 216.301 and

474

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

475

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

476

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

477

the trust fund.

478

Section 13. Section 372.106, Florida Statutes, is

479

renumbered as section 379.203, Florida Statutes, and amended to

480

read:

481

379.203 ~~372.106~~ Dedicated License Trust Fund.--

482

(1) There is established within the Fish and Wildlife

483

Conservation Commission the Dedicated License Trust Fund. The

484

fund shall be credited with moneys collected pursuant to s.

485

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

486

5-year licenses.

487

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

488

year hunting and freshwater fishing licenses, permits, and

489

replacement licenses, and all interest derived therefrom, shall

490

be appropriated annually to the State Game Trust Fund.

491

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

492

year saltwater fishing licenses, permits, and replacement

493

licenses, and all interest derived therefrom, shall be

494

appropriated annually to the Marine Resources Conservation Trust

495

Fund.

496

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

497

215.20.

498

Section 14. Section 372.102, Florida Statutes, is

499

renumbered as section 379.204, Florida Statutes, to read:

500

379.204 ~~372.102~~ Federal Grants Trust Fund.--

501

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

502

Fish and Wildlife Conservation Commission.

503

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

504

funds to be used for allowable grant activities funded by

505

restricted program revenues. Moneys to be credited to the trust

506

fund shall consist of grants and funding from the Federal

507

Government, interest earnings, and cash advances from other

508

trust funds.

509

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

510

Constitution, the Federal Grants Trust Fund shall, unless

511

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

512

scheduled termination, the trust fund shall be reviewed as

513

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

514

Section 15. Section 372.672, Florida Statutes, is

515

renumbered as section 379.205, Florida Statutes, to read:

516

379.205 ~~372.672~~ Florida Panther Research and Management

517

Trust Fund.--

518

(1) There is established within the Fish and Wildlife

519

Conservation Commission the Florida Panther Research and

520

Management Trust Fund to be used exclusively for the purposes of

521

this section.

522

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

523

following purposes:

524

(a) To manage and protect existing Florida panther

525

populations by increasing panther food sources where food is a

526

limiting factor, determining conflicts between public use and

527

panther survival, maintaining sufficient genetic variability in

528

existing populations, and undertaking management and enforcement

529

activities that protect panther habitat.

530

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

531

panther and the necessity for panther management.

532

533

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

534

breeding program for purposes of reintroduction of the panthers

535

into the suitable habitat; selecting potential sites for

536

reintroduction and investigating associated human sociological

537

aspects; and assessing the potential for panther habitat

538

acquisition.

539

(d) To promote and market the Florida panther license

540

plate authorized under s. 320.08058.

541

(3) The Fish and Wildlife Conservation Commission is

542

authorized to receive donations for deposit into the Florida

543

Panther Research and Management Trust Fund.

544

Section 16. Section 372.103, Florida Statutes, is

545

renumbered as section 379.206, Florida Statutes, to read:

546

379.206 ~~372.103~~ Grants and Donations Trust Fund.--

547

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

548

the Fish and Wildlife Conservation Commission.

549

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

550

funds to be used for allowable grant and donor agreement

551

activities funded by restricted contractual revenue. Moneys to

552

be credited to the trust fund shall consist of grants and

553

donations from private and public nonfederal sources, interest

554

earnings, and cash advances from other trust funds.

555

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

556

Constitution, the Grants and Donations Trust Fund shall, unless

557

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

558

scheduled termination, the trust fund shall be reviewed as

559

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

560

Section 17. Section 372.105, Florida Statutes, is

561

renumbered as section 379.207, Florida Statutes, and amended to

562

read:

563

379.207 ~~372.105~~ Lifetime Fish and Wildlife Trust Fund.--

564

(1) There is established within the Fish and Wildlife

565

Conservation Commission the Lifetime Fish and Wildlife Trust

566

Fund to be used for the purpose of supporting fish and wildlife

567

conservation programs of the state in accordance with this

568

section.

569

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

570

following:

571

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

572

the state which are specifically designated for inclusion in the

573

fund.

574

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

575

accordance with s. 379.354 ~~372.57~~.

576

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

577

derived from a contractual relationship between the state and

578

the members of the public whose investments contribute to the

579

fund. In recognition of such special trust, the following

580

limitations and restrictions are placed on expenditures from the

581

funds:

582

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

583

principal of the fund.

584

(b) The interest income received and accruing from the

585

investments of proceeds from the sale of lifetime freshwater

586

fishing licenses and lifetime hunting licenses shall be spent in

587

furtherance of the commission's management, protection, and

588

conservation of wild animal life and freshwater aquatic life as

589

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

590

chapter and as otherwise authorized by the Legislature.

591

592

investments of proceeds from the sale of lifetime saltwater

593

fishing licenses shall be expended for marine law enforcement,

594

marine research, and marine fishery enhancement.

595

(d) No expenditures or disbursements from the interest

596

income derived from the sale of lifetime licenses shall be made

597

for any purpose until the respective holders of such licenses

598

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

599

Commission as administrator of the fund shall determine

600

actuarially on an annual basis the amounts of interest income

601

within the fund which may be disbursed pursuant to this

602

paragraph. The director shall cause deposits of proceeds from

603

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

604

the license recipients.

605

(e) Any limitations or restrictions specified by the

606

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

607

grants, and voluntary contributions shall be respected but shall

608

not be binding.

609

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

610

215.20.

611

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

612

of the Fish and Wildlife Conservation Commission, any state

613

agency which succeeds the commission or assumes its

614

constitutional or statutory responsibilities shall, through its

615

agency head acting ex officio, assume the trusteeship of the

616

fund and shall be bound by all the limitations and restrictions

617

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

618

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

619

Constitution shall alter the fundamental purposes to which the

620

fund may be applied. No dissolution or reorganization of the

621

Fish and Wildlife Conservation Commission shall invalidate any

622

lifetime license issued in accordance with this section.

623

Section 18. Section 370.0603, Florida Statutes, is

624

renumbered as section 379.208, Florida Statutes, and amended to

625

read:

626

379.208 ~~370.0603~~ Marine Resources Conservation Trust Fund;

627

purposes.--

628

(1) The Marine Resources Conservation Trust Fund within

629

the Fish and Wildlife Conservation Commission shall serve as a

630

broad-based depository for funds from various marine-related and

631

boating-related activities and shall be administered by the

632

commission for the purposes of:

633

(a) Funding for marine research.

634

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

635

limited to, fishery statistics development, artificial reefs,

636

and fish hatcheries.

637

638

(d) Funding for administration of licensing programs for

639

recreational fishing, saltwater products sales, and related

640

information and education activities.

641

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

642

Conservation Commission.

643

(f) Funding for titling and registration of vessels.

644

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

645

recovery activities from revenues that are specifically credited

646

to the trust fund for these purposes.

647

(h) Funding activities for rehabilitation of oyster

648

harvesting areas from which special oyster surcharge fees are

649

collected, including relaying and transplanting live oysters.

650

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

651

and activities, and for law enforcement on state waters.

652

(j) Funding for the stone crab trap reduction program

653

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

654

under s. 379.366 ~~370.135~~, the spiny lobster trap certificate

655

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

656

program under s. 379.2424 ~~370.143~~.

657

(2) The Marine Resources Conservation Trust Fund shall

658

receive the proceeds from:

659

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

660

379.362 ~~370.06 and 370.07~~.

661

(b) All funds collected from the registration of vessels

662

and other fees pursuant to s. 328.72.

663

664

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

665

~~370.135, 370.142, 370.143, and 372.5704~~.

666

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

667

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

668

(e) Other revenues as provided by law.

669

(3) Funds provided to the Marine Resources Conservation

670

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

671

used for the following purposes:

672

(a) To reimburse the cost of activities authorized

673

pursuant to the Fish and Wildlife Service of the United States

674

Department of the Interior. Such facilities must be involved in

675

the actual rescue and full-time acute care veterinarian-based

676

rehabilitation of manatees. The cost of activities includes, but

677

is not limited to, costs associated with expansion, capital

678

outlay, repair, maintenance, and operation related to the

679

rescue, treatment, stabilization, maintenance, release, and

680

monitoring of manatees. Moneys distributed through the

681

contractual agreement to each facility for manatee

682

rehabilitation must be proportionate to the number of manatees

683

under acute care rehabilitation; the number of maintenance days

684

medically necessary in the facility; and the number released

685

during the previous fiscal year. The commission may set a cap on

686

the total amount reimbursed per manatee per year.

687

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

688

rehabilitation of marine mammals at the Whitney Laboratory and

689

the College of Veterinary Medicine at the University of Florida.

690

691

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

692

carried over for distribution in subsequent years.

693

(4) Funds transferred to the Marine Resources Conservation

694

Trust Fund from the Fuel Tax Collection Trust Fund pursuant to

695

s. 206.606 shall be used for the following purposes:

696

(a) To provide additional water-related law enforcement

697

positions within the Fish and Wildlife Conservation Commission

698

primarily for the purpose of enforcing laws designed to protect

699

manatee populations. Law enforcement positions funded under this

700

provision shall be assigned to counties having the highest

701

incidence of manatee deaths and injuries.

702

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

703

waters.

704

705

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

706

through grants to counties and municipalities.

707

(d) To implement and administer programs related to

708

boating safety and education, manatee technical avoidance

709

technology, and economic development initiatives to promote

710

boating in the state, including competitive grants programs as

711

provided in s. 327.47.

712

(e) For other activities of the Boating and Waterways

713

Section such as coordinating the submission of state comments on

714

boating-related events.

715

716

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

717

in subsequent years.

718

Section 19. Section 372.991, Florida Statutes, is

719

renumbered as section 379.209, Florida Statutes, to read:

720

379.209 ~~372.991~~ Nongame Wildlife Trust Fund.--

721

(1) The Legislature recognizes the value of maintaining

722

ecologically healthy and stable populations of a wide diversity

723

of fish and wildlife species and recognizes the need for

724

monitoring, research, management, and public awareness of all

725

wildlife species in order to guarantee that self-sustaining

726

populations be conserved. The Legislature further recognizes

727

that research and management for game species traditionally have

728

been supported by licenses and fees collected by the Fish and

729

Wildlife Conservation Commission for consumptive uses of

730

wildlife and that no such support mechanism is available for

731

species not commonly pursued for sport or profit. It is the

732

intent of the Legislature that the funds provided herein be

733

spent to identify and meet the needs of nongame wildlife as a

734

first priority with the ultimate goal of establishing an

735

integrated approach to the management and conservation of all

736

native fish, wildlife, and plants.

737

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

738

Conservation Commission the Nongame Wildlife Trust Fund. The

739

fund shall be credited with moneys collected pursuant to ss.

740

319.32(3) and 320.02(8). Additional funds may be provided from

741

legislative appropriations and by donations from interested

742

individuals and organizations. The commission shall designate an

743

identifiable unit to administer the trust fund.

744

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

745

following purposes:

746

1. Documentation of population trends of nongame wildlife

747

and assessment of wildlife habitat, in coordination with the

748

database of Florida natural areas inventory.

749

2. Establishment of effective conservation, management,

750

and regulatory programs for nongame wildlife of the state.

751

3. Public education programs.

752

(3) The commission may enter into cooperative agreements

753

or memoranda of understanding with related agencies to

754

coordinate nongame programs.

755

Section 20. Section 372.09, Florida Statutes, is

756

renumbered as section 379.211, Florida Statutes, to read:

757

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

758

from the operation of the commission and from the administration

759

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

760

bearing animals, freshwater fish, reptiles, and amphibians,

761

together with any other funds specifically provided for such

762

purposes shall constitute the State Game Trust Fund and shall be

763

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

764

provisions hereof and for no other purposes, except that annual

765

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

766

Largemouth Bass license plate may be expended for the purposes

767

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

768

itself beyond the current resources of the State Game Trust Fund

769

unless specifically so authorized by the Legislature.

770

Section 21. Section 372.074, Florida Statutes, is

771

renumbered as section 379.212, Florida Statutes, to read:

772

379.212 ~~372.074~~ Fish and Wildlife Habitat Program.--

773

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

774

Conservation Commission the Fish and Wildlife Habitat Program

775

for the purpose of acquiring, assisting other agencies or local

776

governments in acquiring, or managing lands important to the

777

conservation of fish and wildlife.

778

(b) The Fish and Wildlife Conservation Commission or its

779

designee shall manage such lands for the primary purpose of

780

maintaining and enhancing their habitat value for fish and

781

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

782

this purpose.

783

784

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

785

of Trustees of the Internal Improvement Trust Fund as required

786

in chapter 253. Land acquisition pursuant to this section shall

787

be voluntary, negotiated acquisition and, where title is to be

788

vested in the Board of Trustees of the Internal Improvement

789

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

790

253.025.

791

(d) Acquisition costs shall include purchase prices and

792

costs and fees associated with title work, surveys, and

793

appraisals required to complete an acquisition.

794

(2) Moneys which may be deposited into the Land

795

Acquisition Trust Fund for the purposes of this section may

796

include, but not be limited to, donations, grants, development-

797

of-regional-impact wildlife mitigation contributions, or

798

legislative appropriations. Preservation 2000 acquisition moneys

799

and Conservation and Recreation Lands management moneys shall

800

not be deposited into this fund.

801

Section 22. Section 372.5701, Florida Statutes, is

802

renumbered as section 379.2201, Florida Statutes, and amended to

803

read:

804

379.2201 ~~372.5701~~ Deposit of license fees; allocation of

805

federal funds.--

806

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

807

~~and 372.106~~, all saltwater license and permit fees collected

808

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

809

Resources Conservation Trust Fund, to be used as follows:

810

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

811

shall be used for administration of the licensing program and

812

for information and education.

813

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

814

shall be used for law enforcement.

815

816

shall be used for marine research and management.

817

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

818

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

819

statistics development, artificial reefs, and fish hatcheries.

820

(2) The proceeds from recreational saltwater fishing

821

license fees paid by fishers shall only be appropriated to the

822

commission.

823

(3) Funds available from the Wallop-Breaux Aquatic

824

Resources Trust Fund shall be distributed by the commission

825

between freshwater fisheries management and research and marine

826

fisheries management and research in proportion to the numbers

827

of resident fresh and saltwater anglers as determined by the

828

most current data on license sales. Unless otherwise provided by

829

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

830

following:

831

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

832

funds allocated to the commission shall be expended for an

833

aquatic resources education program; and

834

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

835

commission shall be expended for acquisition, development,

836

renovation, or improvement of boating facilities.

837

Section 23. Section 372.5702, Florida Statutes, is

838

renumbered as section 379.2202, Florida Statutes, and amended to

839

read:

840

379.2202 ~~372.5702~~ Expenditure of funds.--Any moneys

841

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

842

expended by the commission within Florida through grants and

843

contracts for research with research institutions including but

844

not limited to: Florida Sea Grant; Florida Marine Resources

845

Council; Harbour Branch Oceanographic Institute; Technological

846

Research and Development Authority; Fish and Wildlife Research

847

Institute of the Fish and Wildlife Conservation Commission; Mote

848

Marine Laboratory; Marine Resources Development Foundation;

849

Florida Institute of Oceanography; Rosentiel School of Marine

850

and Atmospheric Science; and Smithsonian Marine Station at Ft.

851

Pierce.

852

Section 24. Section 372.72, Florida Statutes, is

853

renumbered as section 379.2203, Florida Statutes, and amended to

854

read:

855

379.2203 ~~372.72~~ Disposition of fines, penalties, and

856

forfeitures.--

857

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

858

from unclaimed bonds, or forfeitures of bail of persons

859

convicted under this chapter shall be deposited in the fine and

860

forfeiture fund established pursuant to s. 142.01 where such

861

convictions are had, except for the disposition of moneys as

862

provided in subsection (2).

863

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

864

forfeitures of bail of persons convicted of violations of rules,

865

regulations, or orders of the Fish and Wildlife Conservation

866

Commission concerning endangered or threatened species or of

867

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

868

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

869

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

870

in the Nongame Wildlife Trust Fund.

871

Section 25. Section 372.5712, Florida Statutes, is

872

renumbered as section 379.2211, Florida Statutes, and amended to

873

read:

874

379.2211 ~~372.5712~~ Florida waterfowl permit revenues.--

875

(1) The commission shall expend the revenues generated

876

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

877

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

878

license that includes waterfowl hunting privileges, as provided

879

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

880

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

881

the gross revenues shall be expended for administrative costs; a

882

maximum of 25 percent of the gross revenues shall be expended

883

for waterfowl research approved by the commission; and a maximum

884

of 70 percent of the gross revenues shall be expended for

885

projects approved by the commission, in consultation with the

886

Waterfowl Advisory Council, for the purpose of protecting and

887

propagating migratory waterfowl and for the development,

888

restoration, maintenance, and preservation of wetlands within

889

the state.

890

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

891

research and management and increase waterfowl populations in

892

the state without detracting from other programs. The commission

893

shall prepare an annual report documenting the use of funds

894

generated under the provisions of this section, to be submitted

895

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

896

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

897

year.

898

Section 26. Section 372.5715, Florida Statutes, is

899

renumbered as section 379.2212, Florida Statutes, and amended to

900

read:

901

379.2212 ~~372.5715~~ Florida wild turkey permit revenues.--

902

(1) The commission shall expend the revenues generated

903

from the sale of the turkey permit as provided for in s.

904

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

905

license that includes turkey hunting privileges as provided for

906

in s. 379.354(4)(h), (i), and (j) ~~372.57(4)(h), (i), and (j)~~ for

907

research and management of wild turkeys.

908

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

909

research and management and to increase wild turkey populations

910

in the state without detracting from other programs. The

911

commission shall prepare an annual report documenting the use of

912

funds generated under the provisions of this section, to be

913

submitted to the Governor, the Speaker of the House of

914

Representatives, and the President of the Senate on or before

915

September 1 of each year.

916

Section 27. Section 372.573, Florida Statutes, is

917

renumbered as section 379.2213, Florida Statutes, and amended to

918

read:

919

379.2213 ~~372.573~~ Management area permit revenues.--The

920

commission shall expend the revenue generated from the sale of

921

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

922

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

923

includes management area privileges as provided for in s.

924

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

925

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

926

fishing, and other outdoor recreation.

927

Section 28. Section 372.12, Florida Statutes, is

928

renumbered as section 379.2222, Florida Statutes, to read:

929

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

930

and Wildlife Conservation Commission, with the approval of the

931

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

932

waters suitable for the protection and propagation of game,

933

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

934

purposes, game farms, by purchase, lease, gift or otherwise to

935

be known as state game lands. The said commission may erect such

936

buildings and fences as may be deemed necessary to properly

937

maintain and protect such lands, or for propagation of game,

938

nongame birds, freshwater fish, or fur-bearing animals. The

939

title of land acquired by purchase, lease, gift or otherwise,

940

shall be approved by the Department of Legal Affairs. The deed

941

to such lands shall be deposited as are deeds to other state

942

lands. No property acquired under this section shall be exempt

943

from state, county, or district taxation.

944

Section 29. Section 372.121, Florida Statutes, is

945

renumbered as section 379.2223, Florida Statutes, to read:

946

379.2223 ~~372.121~~ Control and management of state game

947

lands.--

948

(1) The Fish and Wildlife Conservation Commission is

949

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

950

enforce all reasonable rules and regulations necessary for the

951

protection, control, operation, management, or development of

952

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

953

the commission for fish or wildlife management purposes,

954

including but not being limited to the right of ingress and

955

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

956

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

957

freshwater aquatic life, the commission shall obtain the consent

958

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

959

privately owned lands or waters, or the owner or primary

960

custodian, in the case of public lands or waters.

961

(2) Any person violating or otherwise failing to comply

962

with any rule or regulation so adopted commits a misdemeanor of

963

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

964

775.083.

965

Section 30. Section 372.19, Florida Statutes, is

966

renumbered as section 379.2224, Florida Statutes, to read:

967

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

968

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

969

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

970

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

971

refuges, shooting grounds, privileges, hatcheries or breeding

972

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

973

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

974

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

975

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

976

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

977

to exempt or partially exempt such property from taxation shall

978

be null and void and of no effect.

979

Section 31. Section 372.025, Florida Statutes, is

980

renumbered as section 379.2225, Florida Statutes, to read:

981

379.2225 ~~372.025~~ Everglades recreational sites;

982

definitions.--

983

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

984

provide for the development and management of recreational sites

985

in the water conservation areas of the Florida Everglades when

986

such development:

987

(a) Can be accomplished without endangering the water

988

quality and quantity of supply and where environmental impact

989

will be minimal.

990

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

991

to discourage extensive uncontrolled use of the interior

992

regions.

993

994

millions of Floridians living in urban areas.

995

(d) Offers recreational potential for nature trails, bird

996

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

997

shooting.

998

(e) Is located where proper management and law enforcement

999

can be provided.

1000

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

1001

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

1002

Commission.

1003

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

1004

chapter 285.

1005

1006

improvements to existing facilities or sites and also such new

1007

selection and improvements as are needed for the various

1008

recreational activities as herein provided.

1009

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

1010

Conservation Commission is directed to develop, manage, and

1011

enforce laws on certain recreational sites in the water

1012

conservation areas of the Everglades from funds to be

1013

appropriated by the Legislature.

1014

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

1015

reservations as created by chapter 285 without first obtaining

1016

written approval for such development from the Indians of the

1017

particular reservation lands affected.

1018

Section 32. Section 372.0215, Florida Statutes, is

1019

renumbered as section 379.223, Florida Statutes, to read:

1020

379.223 ~~372.0215~~ Citizen support organizations; use of

1021

state property; audit.--

1022

(1) The Fish and Wildlife Conservation Commission may

1023

authorize the establishment of citizen support organizations to

1024

provide assistance, funding, and promotional support for the

1025

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

1026

term "citizen support organization" means an organization which:

1027

(a) Is a corporation not for profit incorporated pursuant

1028

to the provisions of chapter 617 and approved by the Department

1029

of State.

1030

(b) Is organized and operated to conduct programs and

1031

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

1032

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

1033

administer in its own name securities, funds, or real or

1034

personal property; and make expenditures for the benefit of the

1035

commission or an individual program unit of the commission;

1036

except that such organization may not receive funds from the

1037

commission or the Fish and Wildlife Research Institute by grant,

1038

gift, or contract unless specifically authorized by the

1039

Legislature.

1040

1041

consistent with the goals of the commission and the best

1042

interests of the state.

1043

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

1044

for the benefit of the commission. Such approval must be stated

1045

in a letter of agreement from the executive director of the

1046

commission.

1047

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

1048

permit a citizen support organization to use commission

1049

property, facilities, and personnel free of charge. A citizen

1050

support organization may use commission property, facilities,

1051

and personnel if such use is consistent with the approved

1052

purpose of that citizen support organization and if such use

1053

does not unreasonably interfere with the general public's use of

1054

commission property, facilities, and personnel for established

1055

purposes.

1056

(b) The commission may prescribe conditions upon the use

1057

by a citizen support organization of commission property,

1058

facilities, or personnel.

1059

1060

facilities, or personnel of the state by a citizen support

1061

organization that does not provide equal membership and

1062

employment opportunities to all persons regardless of race,

1063

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

1064

(3) Each citizen support organization shall provide for an

1065

annual financial audit in accordance with s. 215.981. The

1066

identity of a donor or prospective donor to a citizen support

1067

organization who desires to remain anonymous and all information

1068

identifying such donor or prospective donor are confidential and

1069

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

1070

of the State Constitution. Such anonymity shall be maintained in

1071

the auditor's report.

1072

Section 33. Section 370.06091, Florida Statutes, is

1073

renumbered as section 379.224, Florida Statutes, to read:

1074

379.224 ~~370.06091~~ Memorandum of agreement relating to Fish

1075

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

1076

be developed between the Department of Environmental Protection

1077

and the Fish and Wildlife Conservation Commission which will

1078

detail the responsibilities of the Fish and Wildlife Research

1079

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

1080

following services:

1081

(1) Environmental monitoring and assessment.

1082

(2) Restoration research and development of restoration

1083

technology.

1084

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

1085

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

1086

natural disasters.

1087

Section 34. Section 370.103, Florida Statutes, is

1088

renumbered as section 379.2251, Florida Statutes, to read:

1089

379.2251 ~~370.103~~ Agreements with Federal Government for

1090

the preservation of saltwater fisheries; authority of

1091

commission.--The Fish and Wildlife Conservation Commission is

1092

authorized and empowered to enter into cooperative agreements

1093

with the Federal Government or agencies thereof for the purpose

1094

of preserving saltwater fisheries within and without state

1095

waters and for the purpose of protecting against overfishing,

1096

waste, depletion, or any abuse whatsoever. Such authority

1097

includes the authority to enter into cooperative agreements

1098

whereby officers of the Fish and Wildlife Conservation

1099

Commission are empowered to enforce federal statutes and rules

1100

pertaining to fisheries management. When differences between

1101

state and federal laws occur, state laws shall take precedence.

1102

Section 35. Section 370.18, Florida Statutes, is

1103

renumbered as section 379.2252, Florida Statutes, to read:

1104

379.2252 ~~370.18~~ Compacts and agreements; generally.--The

1105

Fish and Wildlife Conservation Commission may enter into

1106

agreements of reciprocity with the fish commissioners or other

1107

departments or other proper officials of other states, whereby

1108

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

1109

shrimp or prawn from the waters under the jurisdiction of such

1110

other states, upon similar agreements to allow such nonresidents

1111

or aliens to fish for or catch seafood products within the

1112

jurisdiction of the state regardless of residence.

1113

Section 36. Section 370.19, Florida Statutes, is

1114

renumbered as section 379.2253, Florida Statutes, to read:

1115

379.2253 ~~370.19~~ Atlantic States Marine Fisheries Compact;

1116

implementing legislation.--

1117

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

1118

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

1119

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

1120

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

1121

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

1122

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

1123

into the compact, legally joining therein in the form

1124

substantially as follows:

1125

1126

ATLANTIC STATES MARINE FISHERIES

1127

COMPACT

1128

1129

The contracting states solemnly agree:

1130

1131

ARTICLE I

1132

1133

The purpose of this compact is to promote the better

1134

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

1135

the Atlantic seaboard by the development of a joint program for

1136

the promotion and protection of such fisheries, and by the

1137

prevention of the physical waste of the fisheries from any

1138

cause. It is not the purpose of this compact to authorize the

1139

states joining herein to limit the production of fish or fish

1140

products for the purpose of establishing or fixing the price

1141

thereof, or creating and perpetuating a monopoly.

1142

1143

ARTICLE II

1144

1145

This agreement shall become operative immediately as to

1146

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

1147

of Maine, New Hampshire, Massachusetts, Rhode Island,

1148

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

1149

North Carolina, South Carolina, Georgia and Florida have

1150

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

1151

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

1152

state contiguous with any of the aforementioned states and

1153

riparian upon waters frequented by anadromous fish, flowing into

1154

waters under the jurisdiction of any of the aforementioned

1155

states, may become a party hereto as hereinafter provided.

1156

1157

ARTICLE III

1158

1159

Each state joining herein shall appoint three

1160

representatives to a commission hereby constituted and

1161

designated as the Atlantic States Marine Fisheries Commission.

1162

One shall be the executive officer of the administrative agency

1163

of such state charged with the conservation of the fisheries

1164

resources to which this compact pertains or, if there be more

1165

than one officer or agency, the official of that state named by

1166

the governor thereof. The second shall be a member of the

1167

legislature of such state designated by such legislature or, in

1168

the absence of such designation, such legislator shall be

1169

designated by the governor thereof, provided that if it is

1170

constitutionally impossible to appoint a legislator as a

1171

commissioner from such state, the second member shall be

1172

appointed in such manner as is established by law. The third

1173

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

1174

the marine fisheries problem to be appointed by the governor.

1175

This commission shall be a body corporate with the powers and

1176

duties set forth herein.

1177

1178

ARTICLE IV

1179

1180

The duty of the said commission shall be to make inquiry

1181

and ascertain from time to time such methods, practices,

1182

circumstances and conditions as may be disclosed for bringing

1183

about the conservation and the prevention of the depletion and

1184

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

1185

of the Atlantic seaboard. The commission shall have power to

1186

recommend the coordination of the exercise of the police powers

1187

of the several states within their respective jurisdictions to

1188

promote the preservation of those fisheries and their protection

1189

against overfishing, waste, depletion or any abuse whatsoever

1190

and to assure a continuing yield from the fisheries resources of

1191

the aforementioned states.

1192

To that end the commission shall draft and, after

1193

consultation with the advisory committee hereinafter authorized,

1194

recommend to the governors and legislatures of the various

1195

signatory states legislation dealing with the conservation of

1196

the marine, shell and anadromous fisheries of the Atlantic

1197

seaboard. The commission shall, more than one month prior to any

1198

regular meeting of the legislature in any signatory state,

1199

present to the governor of the state its recommendations

1200

relating to enactments to be made by the legislature of that

1201

state in furthering the intents and purposes of this compact.

1202

The commission shall consult with and advise the pertinent

1203

administrative agencies in the states party hereto with regard

1204

to problems connected with the fisheries and recommend the

1205

adoption of such regulations as it deems advisable.

1206

The commission shall have power to recommend to the states

1207

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

1208

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

1209

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

1210

stock waters the commission shall act as the coordinating agency

1211

for such stocking.

1212

1213

ARTICLE V

1214

1215

The commission shall elect from its number a chair and a

1216

vice chair and shall appoint and at its pleasure remove or

1217

discharge such officers and employees as may be required to

1218

carry the provisions of this compact into effect and shall fix

1219

and determine their duties, qualifications and compensation.

1220

Said commission shall adopt rules and regulations for the

1221

conduct of its business. It may establish and maintain one or

1222

more offices for the transaction of its business and may meet at

1223

any time or place but must meet at least once a year.

1224

1225

ARTICLE VI

1226

1227

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

1228

general affairs except by the affirmative vote of a majority of

1229

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

1230

recommendation shall be made by the commission in regard to any

1231

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

1232

the compacting states which have an interest in such species.

1233

The commission shall define what shall be an interest.

1234

1235

ARTICLE VII

1236

1237

The Fish and Wildlife Service of the Department of the

1238

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

1239

primary research agency of the Atlantic States Marine Fisheries

1240

Commission cooperating with the research agencies in each state

1241

for that purpose. Representatives of the said Fish and Wildlife

1242

Service shall attend the meetings of the commission.

1243

An advisory committee to be representative of the

1244

commercial fishers and the saltwater anglers and such other

1245

interests of each state as the commission deems advisable shall

1246

be established by the commission as soon as practicable for the

1247

purpose of advising the commission upon such recommendations as

1248

it may desire to make.

1249

1250

ARTICLE VIII

1251

1252

When any state other than those named specifically in

1253

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

1254

purpose of conserving its anadromous fish in accordance with the

1255

provisions of Article II the participation of such state in the

1256

action of the commission shall be limited to such species of

1257

anadromous fish.

1258

1259

ARTICLE IX

1260

1261

Nothing in this compact shall be construed to limit the

1262

powers of any signatory state or to repeal or prevent the

1263

enactment of any legislation or the enforcement of any

1264

requirement by any signatory state imposing additional

1265

conditions to conserve its fisheries.

1266

1267

ARTICLE X

1268

1269

Continued absence of representation or of any

1270

representative on the commission from any state party hereto

1271

shall be brought to the attention of the governor thereof.

1272

1273

ARTICLE XI

1274

1275

The states party hereto agree to make annual appropriations

1276

to the support of the commission in proportion to the primary

1277

market value of the products of their fisheries, exclusive of

1278

cod and haddock, as recorded in the most recent published

1279

reports of the Fish and Wildlife Service of the United States

1280

Department of the Interior, provided no state shall contribute

1281

less than $200 per annum and the annual contribution of each

1282

state above the minimum shall be figured to the nearest $100.

1283

The compacting states agree to appropriate initially the

1284

annual amounts scheduled below, which amounts are calculated in

1285

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

1286

1938. Subsequent budgets shall be recommended by a majority of

1287

the commission and the cost thereof allocated equitably among

1288

the states in accordance with their respective interests and

1289

submitted to the compacting states.

1290

1291

Schedule of Initial Annual

1292

State Contributions

1293

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

1294

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

1295

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

1296

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

1297

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

1298

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

1299

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

1300

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

1301

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

1302

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

1303

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

1304

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

1305

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

1306

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

1307

1308

ARTICLE XII

1309

1310

This compact shall continue in force and remain binding

1311

upon each compacting state until renounced by it. Renunciation

1312

of this compact must be preceded by sending 6 months' notice in

1313

writing of intention to withdraw from the compact to the other

1314

states party hereto.

1315

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

1316

of Article III of said compact there shall be three members

1317

(hereinafter called commissioners) of the Atlantic States Marine

1318

Fisheries Commission (hereinafter called commission) from this

1319

state. The first commissioner from this state shall be the

1320

Executive Director of the Fish and Wildlife Conservation

1321

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

1322

commissioner shall terminate at the time he or she ceases to

1323

hold said office of Executive Director of the Fish and Wildlife

1324

Conservation Commission, and his or her successor as

1325

commissioner shall be his or her successor as executive

1326

director. The second commissioner from this state shall be a

1327

legislator appointed on a rotating basis by the President of the

1328

Senate or the Speaker of the House of Representatives, beginning

1329

with the appointment of a member of the Senate, and the term of

1330

any such commissioner shall terminate at the time he or she

1331

ceases to hold said legislative office. The Governor (subject to

1332

confirmation by the Senate), shall appoint a citizen as a third

1333

commissioner who shall have a knowledge of, and interest in, the

1334

marine fisheries problem. The term of said commissioner shall be

1335

3 years and the commissioner shall hold office until a successor

1336

shall be appointed and qualified. Vacancies occurring in the

1337

office of such commissioner from any reason or cause shall be

1338

filled by appointment by the Governor (subject to confirmation

1339

by the Senate), for the unexpired term. The Executive Director

1340

of the Fish and Wildlife Conservation Commission as ex officio

1341

commissioner may delegate, from time to time, to any deputy or

1342

other subordinate in his or her department or office, the power

1343

to be present and participate, including voting, as his or her

1344

representative or substitute at any meeting of or hearing by or

1345

other proceeding of the commission. The terms of each of the

1346

initial three members shall begin at the date of the appointment

1347

of the appointive commissioner, provided the said compact shall

1348

then have gone into effect in accordance with Article II of the

1349

compact; otherwise, they shall begin upon the date upon which

1350

said compact shall become effective in accordance with said

1351

Article II. Any commissioner may be removed from office by the

1352

Governor upon charges and after a hearing.

1353

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

1354

hereby granted to the commission and the commissioners thereof

1355

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

1356

powers necessary or incidental to the carrying out of said

1357

compact in every particular. All officers of the State of

1358

Florida are hereby authorized and directed to do all things

1359

falling within their respective provinces and jurisdiction

1360

necessary or incidental to the carrying out of said compact in

1361

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

1362

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

1363

and to accomplish the purposes thereof. All officers, bureaus,

1364

departments and persons of and in the state government or

1365

administration of the State of Florida are hereby authorized and

1366

directed at convenient times and upon request of the said

1367

commission to furnish the said commission with information and

1368

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

1369

by loan of personnel or other means lying within their legal

1370

rights respectively.

1371

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

1372

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

1373

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

1374

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

1375

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

1376

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

1377

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

1378

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

1379

compact.

1380

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

1381

(a) The commission shall keep accurate accounts of all

1382

receipts and disbursements and shall report to the Governor and

1383

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

1384

day of December in each year, setting forth in detail the

1385

transactions conducted by it during the 12 months preceding

1386

December 1 of that year and shall make recommendations for any

1387

legislative action deemed by it advisable, including amendments

1388

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

1389

to carry out the intent and purposes of the compact between the

1390

signatory states.

1391

(b) The Department of Financial Services is authorized and

1392

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

1393

the commission, including its receipts, disbursements and such

1394

other items referring to its financial standing as such

1395

department deems proper and to report the results of such

1396

examination to the governor of such state.

1397

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

1398

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

1399

hereby appropriated out of any moneys in the State Treasury not

1400

otherwise appropriated, for the expenses of the commission

1401

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

1402

appropriated shall be paid out of the State Treasury on the

1403

audit and warrant of the Chief Financial Officer upon vouchers

1404

certified by the chair of the commission in the manner

1405

prescribed by law.

1406

Section 37. Section 370.20, Florida Statutes, is

1407

renumbered as section 379.2254, Florida Statutes, to read:

1408

379.2254 ~~370.20~~ Gulf States Marine Fisheries Compact;

1409

implementing legislation.--

1410

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

1411

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

1412

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

1413

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

1414

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

1415

substantially as follows:

1416

1417

GULF STATES MARINE FISHERIES

1418

COMPACT

1419

1420

The contracting states solemnly agree:

1421

1422

ARTICLE I

1423

1424

Whereas the gulf coast states have the proprietary interest

1425

in and jurisdiction over fisheries in the waters within their

1426

respective boundaries, it is the purpose of this compact to

1427

promote the better utilization of the fisheries, marine, shell

1428

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

1429

development of a joint program for the promotion and protection

1430

of such fisheries and the prevention of the physical waste of

1431

the fisheries from any cause.

1432

1433

ARTICLE II

1434

1435

This compact shall become operative immediately as to those

1436

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

1437

Florida, Alabama, Mississippi, Louisiana and Texas have ratified

1438

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

1439

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

1440

contiguous to any of the aforementioned states or riparian upon

1441

waters which flow into waters under the jurisdiction of any of

1442

the aforementioned states and which are frequented by anadromous

1443

fish or marine species may become a party hereto as hereinafter

1444

provided.

1445

1446

ARTICLE III

1447

1448

Each state joining herein shall appoint three

1449

representatives to a commission hereby constituted and

1450

designated as the Gulf States Marine Fisheries Commission. One

1451

shall be the head of the administrative agency of such state

1452

charged with the conservation of the fishery resources to which

1453

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

1454

agency, the official of that state named by the governor

1455

thereof. The second shall be a member of the legislature of such

1456

state designated by such legislature or in the absence of such

1457

designation, such legislator shall be designated by the governor

1458

thereof, provided that if it is constitutionally impossible to

1459

appoint a legislator as a commissioner from such state, the

1460

second member shall be appointed in such manner as may be

1461

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

1462

a knowledge of and interest in the marine fisheries, to be

1463

appointed by the governor. This commission shall be a body

1464

corporate with the powers and duties set forth herein.

1465

1466

ARTICLE IV

1467

1468

The duty of the said commission shall be to make inquiry

1469

and ascertain from time to time such methods, practices,

1470

circumstances and conditions as may be disclosed for bringing

1471

about the conservation and the prevention of the depletion and

1472

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

1473

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

1474

the coordination of the exercise of the police powers of the

1475

several states within their respective jurisdiction to promote

1476

the preservation of these fisheries and their protection against

1477

overfishing, waste, depletion or any abuse whatsoever and to

1478

assure a continuing yield from the fishery resources of the

1479

aforementioned states.

1480

To that end the commission shall draft and recommend to the

1481

governors and the legislatures of the various signatory states,

1482

legislation dealing with the conservation of the marine, shell

1483

and anadromous fisheries of the gulf seaboard. The commission

1484

shall from time to time present to the governor of each

1485

compacting state its recommendations relating to enactments to

1486

be presented to the legislature of the state in furthering the

1487

interest and purposes of this compact.

1488

The commission shall consult with and advise the pertinent

1489

administrative agencies in the states party hereto with regard

1490

to problems connected with the fisheries and recommend the

1491

adoption of such regulations as it deems advisable.

1492

The commission shall have power to recommend to the states

1493

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

1494

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

1495

party hereto and when two or more states shall jointly stock

1496

waters the commission shall act as the coordinating agency for

1497

such stocking.

1498

1499

ARTICLE V

1500

1501

The commission shall elect from its number a chair and vice

1502

chair and shall appoint and at its pleasure remove or discharge

1503

such officers and employees as may be required to carry the

1504

provisions of this compact into effect and shall fix and

1505

determine their duties, qualifications and compensation. Said

1506

commission shall adopt rules and regulations for the conduct of

1507

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

1508

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

1509

place but must meet at least once a year.

1510

1511

ARTICLE VI

1512

1513

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

1514

general affairs except by the affirmative vote of a majority of

1515

the whole number of compacting states. No recommendation shall

1516

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

1517

except by the affirmative vote of a majority of the compacting

1518

states which have an interest in such species. The commission

1519

shall define which shall be an interest.

1520

1521

ARTICLE VII

1522

1523

The Fish and Wildlife Service of the Department of the

1524

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

1525

primary research agency of the Gulf States Marine Fisheries

1526

Commission cooperating with the research agencies in each state

1527

for that purpose. Representatives of the said fish and wildlife

1528

service shall attend the meetings of the commission. An advisory

1529

committee to be representative of the commercial salt water

1530

fishers and the salt water anglers and such other interests of

1531

each state as the commissioners deem advisable may be

1532

established by the commissioners from each state for the purpose

1533

of advising those commissioners upon such recommendations as it

1534

may desire to make.

1535

1536

ARTICLE VIII

1537

1538

When any state other than those named specifically in

1539

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

1540

purpose of conserving its anadromous fish or marine species in

1541

accordance with the provisions of article II, the participation

1542

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

1543

to such species of fish.

1544

1545

ARTICLE IX

1546

1547

Nothing in this compact shall be construed to limit the

1548

powers or the proprietary interest of any signatory state or to

1549

repeal or prevent the enactment of any legislation or the

1550

enforcement of any requirement by a signatory state imposing

1551

additional conditions and restrictions to conserve its

1552

fisheries.

1553

1554

ARTICLE X

1555

1556

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

1557

further amend this compact by acts of their respective

1558

legislatures subject to approval of Congress as provided in

1559

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

1560

designate the Gulf States Marine Fisheries Commission as a joint

1561

regulating authority for the joint regulation of specific

1562

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

1563

their joint expense. The representatives of such states shall

1564

constitute a separate section of the Gulf States Marine

1565

Fisheries Commission for the exercise of the additional powers

1566

so granted but the creation of such section shall not be deemed

1567

to deprive the states so compacting of any of their privileges

1568

or powers in the Gulf States Marine Fisheries Commission as

1569

constituted under the other articles of this compact.

1570

1571

ARTICLE XI

1572

1573

Continued absence of representation or of any

1574

representative on the commission from any state party hereto

1575

shall be brought to the attention of the governor thereof.

1576

1577

ARTICLE XII

1578

1579

The operating expenses of the Gulf States Marine Fisheries

1580

Commission shall be borne by the states party hereto. Such

1581

initial appropriations as are set forth below shall be made

1582

available yearly until modified as hereinafter provided:

1583

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

1584

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

1585

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

1586

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

1587

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

1588

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

1589

1590

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

1591

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

1592

changed when found necessary by the commission and approved by

1593

the legislatures of the respective states. Each state party

1594

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

1595

the travel costs and necessary expenses of its commissioners and

1596

other representatives to and from meetings of the commission or

1597

its duly constituted sections or committees.

1598

1599

ARTICLE XIII

1600

1601

This compact shall continue in force and remain binding

1602

upon each compacting state until renounced by act of the

1603

legislature of such state, in such form as it may choose;

1604

provided that such renunciation shall not become effective until

1605

6 months after the effective date of the action taken by the

1606

legislature. Notice of such renunciation shall be given to the

1607

other states party hereto by the secretary of state of the

1608

compacting state so renouncing upon passage of the act.

1609

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

1610

of article III of said compact, there shall be three members

1611

(hereinafter called commissioners) of the Gulf States Marine

1612

Fisheries Commission (hereafter called commission) from the

1613

State of Florida. The first commissioner from the State of

1614

Florida shall be the Executive Director of the Fish and Wildlife

1615

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

1616

officio commissioner shall terminate at the time he or she

1617

ceases to hold said office of Executive Director of the Fish and

1618

Wildlife Conservation Commission, and his or her successor as

1619

commissioner shall be his or her successor as executive

1620

director. The second commissioner from the State of Florida

1621

shall be a legislator appointed on a rotating basis by the

1622

President of the Senate or the Speaker of the House of

1623

Representatives, beginning with the appointment of a member of

1624

the House of Representatives, and the term of any such

1625

commissioner shall terminate at the time he or she ceases to

1626

hold said legislative office. The Governor (subject to

1627

confirmation by the Senate) shall appoint a citizen as a third

1628

commissioner who shall have a knowledge of and interest in the

1629

marine fisheries problem. The term of said commissioner shall be

1630

3 years and the commissioner shall hold office until a successor

1631

shall be appointed and qualified. Vacancies occurring in the

1632

office of such commissioner from any reason or cause shall be

1633

filled by appointment by the Governor (subject to confirmation

1634

by the Senate) for the unexpired term. The Executive Director of

1635

the Fish and Wildlife Conservation Commission, as ex officio

1636

commissioner, may delegate, from time to time, to any deputy or

1637

other subordinate in his or her department or office, the power

1638

to be present and participate, including voting, as his or her

1639

representative or substitute at any meeting of or hearing by or

1640

other proceeding of the commission. The terms of each of the

1641

initial three members shall begin at the date of the appointment

1642

of the appointive commissioner, provided the said compact shall

1643

then have gone into effect in accordance with article II of the

1644

compact; otherwise they shall begin upon the date upon which

1645

said compact shall become effective in accordance with said

1646

article II.

1647

Any commissioner may be removed from office by the Governor

1648

upon charges and after a hearing.

1649

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

1650

commission and the commissioners thereof all the powers provided

1651

for in the said compact and all the powers necessary or

1652

incidental to the carrying out of said compact in every

1653

particular. All officers of the State of Florida are hereby

1654

authorized and directed to do all things falling within their

1655

respective provinces and jurisdiction necessary or incidental to

1656

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

1657

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

1658

perform and carry out the said compact and to accomplish the

1659

purposes thereof. All officers, bureaus, departments and persons

1660

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

1661

Florida are hereby authorized and directed at convenient times

1662

and upon request of the said commission to furnish the said

1663

commission with information and data possessed by them or any of

1664

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

1665

means lying within their legal rights respectively.

1666

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

1667

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

1668

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

1669

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

1670

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

1671

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

1672

said compact.

1673

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

1674

commission shall keep accurate accounts of all receipts and

1675

disbursements and shall report to the Governor and the

1676

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

1677

December in each year, setting forth in detail the transactions

1678

conducted by it during the 12 months preceding December 1 of

1679

that year and shall make recommendations for any legislative

1680

action deemed by it advisable, including amendments to the

1681

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

1682

out the intent and purposes of the compact between the signatory

1683

states.

1684

The Department of Financial Services is authorized and

1685

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

1686

the commission, including its receipts, disbursements and such

1687

other items referring to its financial standing as such

1688

department deems proper and to report the results of such

1689

examination to the governor of such state.

1690

Section 38. Section 372.831, Florida Statutes, is

1691

renumbered as section 379.2255, Florida Statutes, and amended to

1692

read:

1693

379.2255 ~~372.831~~ Wildlife Violator Compact Act.--The

1694

Wildlife Violator Compact is created and entered into with all

1695

other jurisdictions legally joining therein in the form

1696

substantially as follows:

1697

1698

ARTICLE I

1699

Findings and Purpose

1700

1701

(1) The participating states find that:

1702

(a) Wildlife resources are managed in trust by the

1703

respective states for the benefit of all residents and visitors.

1704

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

1705

materially affected by the degree of compliance with state

1706

statutes, laws, regulations, ordinances, and administrative

1707

rules relating to the management of such resources.

1708

1709

restoration of wildlife contributes immeasurably to the

1710

aesthetic, recreational, and economic aspects of such natural

1711

resources.

1712

(d) Wildlife resources are valuable without regard to

1713

political boundaries; therefore, every person should be required

1714

to comply with wildlife preservation, protection, management,

1715

and restoration laws, ordinances, and administrative rules and

1716

regulations of the participating states as a condition precedent

1717

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

1718

trap, or possess wildlife.

1719

(e) Violation of wildlife laws interferes with the

1720

management of wildlife resources and may endanger the safety of

1721

persons and property.

1722

(f) The mobility of many wildlife law violators

1723

necessitates the maintenance of channels of communication among

1724

the various states.

1725

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

1726

wildlife violation in a state other than his or her home state

1727

is:

1728

1. Required to post collateral or a bond to secure

1729

appearance for a trial at a later date;

1730

2. Taken into custody until the collateral or bond is

1731

posted; or

1732

3. Taken directly to court for an immediate appearance.

1733

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

1734

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

1735

wildlife citation by the cited person who, if permitted to

1736

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

1737

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

1738

under the terms of the citation.

1739

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

1740

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

1741

citation from the officer at the scene of the violation and

1742

immediately continue on his or her way after agreeing or being

1743

instructed to comply with the terms of the citation.

1744

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

1745

unnecessary inconvenience and, at times, a hardship for the

1746

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

1747

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

1748

remain in custody until some alternative arrangement is made.

1749

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

1750

consume an undue amount of time of law enforcement agencies.

1751

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

1752

(a) Promote compliance with the statutes, laws,

1753

ordinances, regulations, and administrative rules relating to

1754

the management of wildlife resources in their respective states.

1755

(b) Recognize a suspension of the wildlife license

1756

privileges of any person whose license privileges have been

1757

suspended by a participating state and treat such suspension as

1758

if it had occurred in each respective state.

1759

1760

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

1761

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

1762

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

1763

violator's home state is party to this compact.

1764

(d) Report to the appropriate participating state, as

1765

provided in the compact manual, any conviction recorded against

1766

any person whose home state was not the issuing state.

1767

(e) Allow the home state to recognize and treat

1768

convictions recorded against its residents, which convictions

1769

occurred in a participating state, as though they had occurred

1770

in the home state.

1771

(f) Extend cooperation to its fullest extent among the

1772

participating states for enforcing compliance with the terms of

1773

a wildlife citation issued in one participating state to a

1774

resident of another participating state.

1775

(g) Maximize the effective use of law enforcement

1776

personnel and information.

1777

(h) Assist court systems in the efficient disposition of

1778

wildlife violations.

1779

(3) The purpose of this compact is to:

1780

(a) Provide a means through which participating states may

1781

join in a reciprocal program to effectuate the policies

1782

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

1783

(b) Provide for the fair and impartial treatment of

1784

wildlife violators operating within participating states in

1785

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

1786

sovereign status of a participating state.

1787

1788

ARTICLE II

1789

Definitions

1790

1791

As used in this compact, the term:

1792

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

1793

complaint, ticket, penalty assessment, or other official

1794

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

1795

officer for a wildlife violation which contains an order

1796

requiring the person to respond.

1797

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

1798

deposited to secure an appearance for trial in connection with

1799

the issuance by a wildlife officer or other peace officer of a

1800

citation for a wildlife violation.

1801

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

1802

of answering a citation through an appearance in a court or

1803

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

1804

surcharges, if any.

1805

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

1806

suspension or revocation of a license, including any court

1807

conviction, for any offense related to the preservation,

1808

protection, management, or restoration of wildlife which is

1809

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

1810

administrative rule. The term also includes the forfeiture of

1811

any bail, bond, or other security deposited to secure appearance

1812

by a person charged with having committed any such offense, the

1813

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

1814

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

1815

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

1816

court and the justice of the peace court.

1817

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

1818

person.

1819

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

1820

issues a wildlife citation to the violator.

1821

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

1822

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

1823

privilege of pursuing, possessing, or taking any wildlife

1824

regulated by statute, law, regulation, ordinance, or

1825

administrative rule of a participating state; any privilege to

1826

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

1827

statutory exemption from the requirement to obtain such license,

1828

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

1829

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

1830

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

1831

~~372.57~~, or a privilege granted under s. 379.353 ~~372.562~~, shall

1832

be considered a license.

1833

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

1834

within each participating state which is authorized by law to

1835

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

1836

possess wildlife.

1837

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

1838

legislation to become a member of this wildlife compact.

1839

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

1840

person made at the time of issuance of the wildlife citation

1841

that such person will comply with the terms of the citation.

1842

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

1843

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

1844

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

1845

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

1846

withdrawal of any or all license privileges, including the

1847

privilege to apply for, purchase, or exercise the benefits

1848

conferred by any license.

1849

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

1850

options expressly stated upon the citation.

1851

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

1852

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

1853

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

1854

are protected or otherwise regulated by statute, law,

1855

regulation, ordinance, or administrative rule in a participating

1856

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

1857

from state to state and the determination of whether a species

1858

is "wildlife" for the purposes of this compact shall be based on

1859

local law.

1860

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

1861

ordinance, or administrative rule developed and enacted for the

1862

management of wildlife resources and the uses thereof.

1863

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

1864

a participating state to issue a citation for a wildlife

1865

violation.

1866

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

1867

statute, law, regulation, ordinance, or administrative rule

1868

developed and enacted for the management of wildlife resources

1869

and the uses thereof.

1870

1871

ARTICLE III

1872

Procedures for Issuing State

1873

1874

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

1875

wildlife officer shall issue a citation to any person whose

1876

primary residence is in a participating state in the same manner

1877

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

1878

shall not require such person to post collateral to secure

1879

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

1880

if the officer receives the recognizance of such person that he

1881

will comply with the terms of the citation.

1882

(2) Personal recognizance is acceptable if not prohibited

1883

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

1884

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

1885

adequate proof of identification to the wildlife officer.

1886

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

1887

the terms of a wildlife citation, the appropriate official shall

1888

report the conviction or failure to comply to the licensing

1889

authority of the participating state in which the wildlife

1890

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

1891

procedures specified by the issuing state and must contain

1892

information as specified in the compact manual as minimum

1893

requirements for effective processing by the home state.

1894

(4) Upon receipt of the report of conviction or

1895

noncompliance pursuant to subsection (3), the licensing

1896

authority of the issuing state shall transmit to the licensing

1897

authority of the home state of the violator the information in

1898

the form and content prescribed in the compact manual.

1899

1900

ARTICLE IV

1901

Procedure for Home State

1902

1903

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

1904

of the issuing state reporting the failure of a violator to

1905

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

1906

the home state shall notify the violator and shall initiate a

1907

suspension action in accordance with the home state's suspension

1908

procedures and shall suspend the violator's license privileges

1909

until satisfactory evidence of compliance with the terms of the

1910

wildlife citation has been furnished by the issuing state to the

1911

home state licensing authority. Due-process safeguards shall be

1912

accorded.

1913

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

1914

licensing authority of the issuing state, the licensing

1915

authority of the home state shall enter such conviction in its

1916

records and shall treat such conviction as though it occurred in

1917

the home state for purposes of the suspension of license

1918

privileges.

1919

(3) The licensing authority of the home state shall

1920

maintain a record of actions taken and shall make reports to

1921

issuing states as provided in the compact manual.

1922

1923

ARTICLE V

1924

Reciprocal Recognition of Suspension

1925

1926

(1) Each participating state may recognize the suspension

1927

of license privileges of any person by any other participating

1928

state as though the violation resulting in the suspension had

1929

occurred in that state and would have been the basis for

1930

suspension of license privileges in that state.

1931

(2) Each participating state shall communicate suspension

1932

information to other participating states in the form and

1933

content contained in the compact manual.

1934

1935

ARTICLE VI

1936

Applicability of Other Laws

1937

1938

Except as expressly required by provisions of this compact, this

1939

compact does not affect the right of any participating state to

1940

apply any of its laws relating to license privileges to any

1941

person or circumstance or to invalidate or prevent any agreement

1942

or other cooperative arrangement between a participating state

1943

and a nonparticipating state concerning the enforcement of

1944

wildlife laws.

1945

1946

ARTICLE VII

1947

Compact Administrator Procedures

1948

1949

(1) For the purpose of administering the provisions of

1950

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

1951

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

1952

board of compact administrators is established. The board shall

1953

be composed of one representative from each of the participating

1954

states to be known as the compact administrator. The compact

1955

administrator shall be appointed by the head of the licensing

1956

authority of each participating state and shall serve and be

1957

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

1958

or she represents. A compact administrator may provide for the

1959

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

1960

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

1961

entitled to serve unless written notification of his or her

1962

identity has been given to the board.

1963

(2) Each member of the board of compact administrators

1964

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

1965

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

1966

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

1967

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

1968

majority of the participating states are represented.

1969

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

1970

chairman and vice chairman.

1971

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

1972

provisions of this compact or the laws of a participating state

1973

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

1974

amend and rescind its bylaws.

1975

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

1976

functions under this compact any and all donations and grants of

1977

moneys, equipment, supplies, materials, and services,

1978

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

1979

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

1980

the same.

1981

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

1982

personnel from, any governmental or intergovernmental agency,

1983

individual, firm, corporation, or private nonprofit organization

1984

or institution.

1985

(7) The board shall formulate all necessary procedures and

1986

develop uniform forms and documents for administering the

1987

provisions of this compact. All procedures and forms adopted

1988

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

1989

1990

ARTICLE VIII

1991

Entry into Compact and Withdrawal

1992

1993

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

1994

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

1995

(2)

1996

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

1997

ratification executed by the authorized officials of the

1998

applying state and submitted to the chairman of the board.

1999

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

2000

content as provided in the compact manual and must include the

2001

following:

2002

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

2003

empowered to become a party to this compact;

2004

2. An agreement of compliance with the terms and

2005

provisions of this compact; and

2006

3. An agreement that compact entry is with all states

2007

participating in the compact and with all additional states

2008

legally becoming a party to the compact.

2009

2010

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

2011

has been given by the chairman of the board of the compact

2012

administrators or by the secretariat of the board to each

2013

participating state that the resolution from the applying state

2014

has been received.

2015

(3) A participating state may withdraw from participation

2016

in this compact by official written notice to each participating

2017

state, but withdrawal shall not become effective until 90 days

2018

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

2019

directed to the compact administrator of each member state. The

2020

withdrawal of any state does not affect the validity of this

2021

compact as to the remaining participating states.

2022

2023

ARTICLE IX

2024

Amendments to the Compact

2025

2026

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

2027

Amendments shall be presented in resolution form to the chairman

2028

of the board of compact administrators and shall be initiated by

2029

one or more participating states.

2030

(2) Adoption of an amendment shall require endorsement by

2031

all participating states and shall become effective 30 days

2032

after the date of the last endorsement.

2033

2034

ARTICLE X

2035

Construction and Severability

2036

2037

This compact shall be liberally construed so as to effectuate

2038

the purposes stated herein. The provisions of this compact are

2039

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

2040

this compact is declared to be contrary to the constitution of

2041

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

2042

applicability thereof to any government, agency, individual, or

2043

circumstance is held invalid, the validity of the remainder of

2044

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

2045

held contrary to the constitution of any participating state,

2046

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

2047

remaining states and in full force and effect as to the

2048

participating state affected as to all severable matters.

2049

2050

ARTICLE XI

2051

Title

2052

2053

This compact shall be known as the "Wildlife Violator

2054

Compact."

2055

Section 39. Section 372.8311, Florida Statutes, is

2056

renumbered as section 379.2256, Florida Statutes, and amended to

2057

read:

2058

379.2256 ~~372.8311~~ Compact licensing and enforcement

2059

authority; administrative review.--

2060

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

2061

this act and the interstate Wildlife Violator Compact, the Fish

2062

and Wildlife Conservation Commission is the licensing authority

2063

for the State of Florida and shall enforce the interstate

2064

Wildlife Violator Compact and shall do all things within the

2065

commission's jurisdiction which are necessary to effectuate the

2066

purposes and the intent of the compact. The commission may

2067

execute a resolution of ratification to formalize the State of

2068

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

2069

Violator Compact, the commission may adopt rules to administer

2070

the provisions of the compact.

2071

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

2072

omitted by the Fish and Wildlife Conservation Commission under

2073

or in the enforcement of the Wildlife Violator Compact created

2074

in s. 379.2255 ~~372.831~~ is subject to review under chapter 120.

2075

Section 40. Section 372.74, Florida Statutes, is

2076

renumbered as section 379.2257, Florida Statutes, to read:

2077

379.2257 ~~372.74~~ Cooperative agreements with U. S. Forest

2078

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

2079

is authorized and empowered:

2080

(1) To enter into cooperative agreements with the United

2081

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

2082

reptile, or fur-bearing animal management and demonstration

2083

projects on and in the Osceola National Forest in Columbia and

2084

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

2085

Lake, and Putnam Counties and in the Apalachicola National

2086

Forest in Liberty County. Provided, however, that no such

2087

cooperative agreements shall become effective in any county

2088

concerned until confirmed by the board of county commissioners

2089

of such county expressed through appropriate resolution.

2090

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

2091

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

2092

regulations, consistent with law, for the further or better

2093

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

2094

above National Forests or parts thereof; to shorten seasons and

2095

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

2096

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

2097

limits prescribed by the Florida law, in the above enumerated

2098

National Forests or parts thereof, when it shall find after

2099

investigation that such action is necessary to assure the

2100

maintenance of an adequate supply of wildlife.

2101

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

2102

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

2103

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

2104

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

2105

covered by above cooperative agreements. The proceeds from this

2106

additional license fee shall be used in the development,

2107

propagation of wildlife, and protection of the areas covered by

2108

the cooperative agreements as the commission and the United

2109

States Forest Service may deem proper. Nothing in this section

2110

shall be construed as authorizing the commission to change any

2111

penalty prescribed by law or to change the amount of general

2112

license fees or the general authority conferred by licenses

2113

prescribed by law.

2114

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

2115

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

2116

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

2117

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

2118

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

2119

within 10 miles thereof. In addition to the posting of said

2120

notices, as aforesaid, copies of said notices or of said rules

2121

and regulations shall also be published in newspapers published

2122

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

2123

and Liberty Counties, or so many thereof as have newspapers,

2124

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

2125

than 21 nor less than 14 days prior to the opening of the state

2126

hunting season in said areas. Any person violating any rules or

2127

regulations promulgated by the commission to cover these areas

2128

under cooperative agreements between the Fish and Wildlife

2129

Conservation Commission and the United States Forest Service,

2130

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

2131

shall be guilty of a misdemeanor of the second degree,

2132

punishable as provided in s. 775.082 or s. 775.083.

2133

Section 41. Section 372.77, Florida Statutes, is

2134

renumbered as section 379.2258, Florida Statutes, to read:

2135

379.2258 ~~372.77~~ Assent to provisions of Act of Congress of

2136

September 2, 1937.--

2137

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

2138

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

2139

shall aid the States in Wildlife Restoration Projects, and for

2140

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

2141

75th Congress), and the Fish and Wildlife Conservation

2142

Commission is hereby authorized, empowered, and directed to

2143

perform such acts as may be necessary to the conduct and

2144

establishment of cooperative wildlife restoration projects, as

2145

defined in said Act of Congress, in compliance with said act and

2146

rules and regulations promulgated by the Secretary of

2147

Agriculture thereunder.

2148

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

2149

unlawful to divert any funds accruing to the state from license

2150

fees paid by hunters for any purpose other than the

2151

administration of the Fish and Wildlife Conservation Commission

2152

of the state.

2153

Section 42. Section 372.7701, Florida Statutes, is

2154

renumbered as section 379.2259, Florida Statutes, and amended to

2155

read:

2156

379.2259 ~~372.7701~~ Assent to federal acts.--

2157

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

2158

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

2159

amended. The Fish and Wildlife Conservation Commission shall

2160

perform such activities as are necessary to conduct wildlife and

2161

sportfish restoration projects, as defined in such Act of

2162

Congress and in compliance with the act and rules adopted

2163

thereunder by the United States Department of the Interior.

2164

Furthermore, the commission shall develop and implement programs

2165

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

2166

marine fishery and shall develop and implement similar programs

2167

for wild animal life and freshwater aquatic life.

2168

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

2169

may not be diverted to purposes other than the administration of

2170

fish and wildlife programs by the Fish and Wildlife Conservation

2171

Commission. Administration of the state fish and wildlife

2172

programs includes only those functions of fish and wildlife

2173

management as are the responsibility of and under the authority

2174

of the Fish and Wildlife Conservation Commission.

2175

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

2176

379.2258 ~~372.77~~.

2177

Section 43. Section 370.21, Florida Statutes, is

2178

renumbered as section 379.226, Florida Statutes, and amended to

2179

read:

2180

379.226 ~~370.21~~ Florida Territorial Waters Act; alien-owned

2181

commercial fishing vessels; prohibited acts; enforcement.--

2182

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

2183

Territorial Waters Act."

2184

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

2185

full sovereignty and control of the territorial waters of the

2186

state.

2187

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

2188

Conservation Commission under s. 379.361 ~~370.06~~, to any vessel

2189

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

2190

to the doctrine of international communism, or any subject or

2191

national thereof, who subscribes to the doctrine of

2192

international communism, or any individual who subscribes to the

2193

doctrine of international communism, or who shall have signed a

2194

treaty of trade, friendship and alliance or a nonaggression pact

2195

with any communist power. The commission shall grant or withhold

2196

said licenses where other alien vessels are involved on the

2197

basis of reciprocity and retorsion, unless the nation concerned

2198

shall be designated as a friendly ally or neutral by a formal

2199

suggestion transmitted to the Governor of Florida by the

2200

Secretary of State of the United States. Upon the receipt of

2201

such suggestion licenses shall be granted under s. 379.361

2202

~~370.06~~, without regard to reciprocity and retorsion, to vessels

2203

of such nations.

2204

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

2205

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

2206

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

2207

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

2208

Constitution.

2209

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

2210

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

2211

reasonably suspect may assist in the violation of this act.

2212

Harbormasters shall endeavor by all reasonable means, which may

2213

include the inspection of nautical logs, to ascertain from

2214

masters of newly arrived vessels of all types other than

2215

warships of the United States, the presence of alien commercial

2216

fishing vessels within the territorial waters of the state, and

2217

shall transmit such information promptly to the Fish and

2218

Wildlife Conservation Commission and such law enforcement

2219

agencies of the state as the situation may indicate.

2220

Harbormasters shall request assistance from the United States

2221

Coast Guard in appropriate cases to prevent unauthorized

2222

departure from any port facility.

2223

(6) All licensed harbor pilots are required to promptly

2224

transmit any knowledge coming to their attention regarding

2225

possible violations of this act to the harbormaster of the port

2226

or the appropriate law enforcement officials.

2227

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

2228

but not limited to sheriffs and officers of the Fish and

2229

Wildlife Conservation Commission, are empowered and directed to

2230

arrest the masters and crews of vessels who are reasonably

2231

believed to be in violation of this law, and to seize and detain

2232

such vessels, their equipment and catch. Such arresting officers

2233

shall take the offending crews or property before the court

2234

having jurisdiction of such offenses. All such agencies are

2235

directed to request assistance from the United States Coast

2236

Guard in the enforcement of this act when having knowledge of

2237

vessels operating in violation or probable violation of this act

2238

within their jurisdictions when such agencies are without means

2239

to effectuate arrest and restraint of vessels and their crews.

2240

(8) The fine or imprisonment of persons and confiscation

2241

proceedings against vessels, gear and catch prescribed for

2242

violations of this chapter, shall be imposed for violation of

2243

this act; provided that nothing herein shall authorize the

2244

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

2245

of lack of complicity in the violation or undertaking.

2246

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

2247

asylum shall be fined or imprisoned hereunder.

2248

(10) Harbormasters and law enforcement agencies are

2249

authorized to request assistance from the Civil Air Patrol in

2250

the surveillance of suspect vessels. Aircraft of the Division of

2251

Forestry of the Department of Agriculture and Consumer Services

2252

or other state or county agencies which are conveniently located

2253

and not otherwise occupied may be similarly utilized.

2254

Section 44. Section 370.06092, Florida Statutes, is

2255

renumbered as section 379.2271, Florida Statutes, to read:

2256

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

2257

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

2258

for the purpose of determining research, monitoring, control,

2259

and mitigation strategies for red tide and other harmful algal

2260

blooms in Florida waters. The Fish and Wildlife Research

2261

Institute shall appoint to the task force scientists, engineers,

2262

economists, members of citizen groups, and members of

2263

government. The task force shall determine research and

2264

monitoring priorities and control and mitigation strategies and

2265

make recommendations to the Fish and Wildlife Research Institute

2266

for using funds as provided in this act.

2267

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

2268

(a) Review the status and adequacy of information for

2269

monitoring physical, chemical, biological, economic, and public

2270

health factors affecting harmful algal blooms in Florida;

2271

(b) Develop research and monitoring priorities for harmful

2272

algal blooms in Florida, including detection, prediction,

2273

mitigation, and control;

2274

2275

state and local governments to develop a response plan and to

2276

predict, mitigate, and control the effects of harmful algal

2277

blooms; and

2278

(d) Make recommendations to the Fish and Wildlife Research

2279

Institute for research, detection, monitoring, prediction,

2280

mitigation, and control of harmful algal blooms in Florida.

2281

Section 45. Section 370.06093, Florida Statutes, is

2282

renumbered as section 379.2272, Florida Statutes, to read:

2283

379.2272 ~~370.06093~~ Harmful-algal-bloom program;

2284

implementation; goals; funding.--

2285

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

2286

implement a program designed to increase the knowledge of

2287

factors that control harmful algal blooms, including red tide,

2288

and to gain knowledge to be used for the early detection of

2289

factors precipitating harmful algal blooms for accurate

2290

prediction of the extent and seriousness of harmful algal blooms

2291

and for undertaking successful efforts to control and mitigate

2292

the effects of harmful algal blooms.

2293

(b) The Legislature intends that this program enhance and

2294

address areas that are not adequately covered in the cooperative

2295

federal-state program known as Ecology and Oceanography of

2296

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

2297

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

2298

Fish and Wildlife Research Institute.

2299

2300

managers to assess the potential for public health damage and

2301

economic damage from a given bloom and to undertake control and

2302

mitigation efforts through the development and application of an

2303

integrated detection and prediction network for monitoring and

2304

responding to the development and movement of harmful algal

2305

blooms in Florida marine and estuarine waters.

2306

(2) A financial disbursement program is created within the

2307

Fish and Wildlife Research Institute to implement the provisions

2308

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

2309

funding and technical assistance to government agencies,

2310

research universities, coastal local governments, and

2311

organizations with scientific and technical expertise for the

2312

purposes of harmful-algal-bloom research, economic impact study,

2313

monitoring, detection, control, and mitigation. The program may

2314

be funded from state, federal, and private contributions.

2315

Section 46. Section 372.97, Florida Statutes, is

2316

renumbered as section 379.2281, Florida Statutes, to read:

2317

379.2281 ~~372.97~~ Jim Woodruff Dam; reciprocity

2318

agreements.--The Fish and Wildlife Conservation Commission of

2319

the state is hereby authorized to enter into an agreement of the

2320

reciprocity with the game and fish commissioners or the

2321

appropriate officials or departments of the State of Georgia and

2322

the State of Alabama relative to the taking of game and

2323

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

2324

Woodruff Dam by permitting reciprocal license privileges.

2325

Section 47. Section 372.971, Florida Statutes, is

2326

renumbered as section 379.2282, Florida Statutes, to read:

2327

379.2282 ~~372.971~~ St. Marys River; reciprocity

2328

agreements.--The Fish and Wildlife Conservation Commission of

2329

the state is hereby authorized to enter into an agreement of

2330

reciprocity with the game and fish commissioner or the

2331

appropriate officials or departments of the State of Georgia

2332

relative to the taking of game and freshwater fish from the

2333

waters of the St. Marys River by permitting reciprocal agreement

2334

license privileges.

2335

Section 48. Section 372.072, Florida Statutes, is

2336

renumbered as 379.2291, Florida Statutes, to read:

2337

379.2291 ~~372.072~~ Endangered and Threatened Species Act.--

2338

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

2339

"Florida Endangered and Threatened Species Act."

2340

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

2341

that the State of Florida harbors a wide diversity of fish and

2342

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

2343

wisely manage these resources, with particular attention to

2344

those species defined by the Fish and Wildlife Conservation

2345

Commission, the Department of Environmental Protection, or the

2346

United States Department of Interior, or successor agencies, as

2347

being endangered or threatened. As Florida has more endangered

2348

and threatened species than any other continental state, it is

2349

the intent of the Legislature to provide for research and

2350

management to conserve and protect these species as a natural

2351

resource.

2352

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

2353

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

2354

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

2355

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

2356

invertebrate.

2357

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

2358

wildlife naturally occurring in Florida, whose prospects of

2359

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

2360

overutilization for commercial, sporting, scientific, or

2361

educational purposes; disease; predation; inadequacy of

2362

regulatory mechanisms; or other natural or manmade factors

2363

affecting its continued existence.

2364

2365

wildlife naturally occurring in Florida which may not be in

2366

immediate danger of extinction, but which exists in such small

2367

populations as to become endangered if it is subjected to

2368

increased stress as a result of further modification of its

2369

environment.

2370

(4) INTERAGENCY COORDINATION.--

2371

(a) The commission shall be responsible for research and

2372

management of freshwater and upland species and for research and

2373

management of marine species.

2374

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

2375

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

2376

Education are encouraged to work together to develop a public

2377

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

2378

public and private schools.

2379

2380

Agriculture and Consumer Services, the Department of Community

2381

Affairs, or the Department of Transportation, may establish

2382

reduced speed zones along roads, streets, and highways to

2383

protect endangered species or threatened species.

2384

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

2385

at least 30 days prior to each annual session of the

2386

Legislature, transmit to the Governor and Cabinet, the President

2387

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

2388

the chairs of the appropriate Senate and House committees, a

2389

revised and updated plan for management and conservation of

2390

endangered and threatened species, including criteria for

2391

research and management priorities; a description of the

2392

educational program; statewide policies pertaining to protection

2393

of endangered and threatened species; additional legislation

2394

which may be required; and the recommended level of funding for

2395

the following year, along with a progress report and budget

2396

request.

2397

(6) MEASURABLE BIOLOGICAL GOALS.--Measurable biological

2398

goals that define manatee recovery developed by the commission,

2399

working in conjunction with the United States Fish and Wildlife

2400

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

2401

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

2402

these measurable biological goals shall be used by the

2403

commission when evaluating existing and proposed protection

2404

rules, and in determining progress in achieving manatee

2405

recovery. Not later than July 1, 2005, the commission shall

2406

develop rules to define how measurable biological goals will be

2407

used by the commission when evaluating the need for additional

2408

manatee protection rules.

2409

Section 49. Section 372.073, Florida Statutes, is

2410

renumbered as section 379.2292, Florida Statutes, and amended to

2411

read:

2412

379.2292 ~~372.073~~ Endangered and Threatened Species Reward

2413

Program.--

2414

(1) There is established within the Fish and Wildlife

2415

Conservation Commission the Endangered and Threatened Species

2416

Reward Program, to be funded from the Nongame Wildlife Trust

2417

Fund. The commission may post rewards to persons responsible for

2418

providing information leading to the arrest and conviction of

2419

persons illegally killing or wounding or wrongfully possessing

2420

any of the endangered and threatened species listed on the

2421

official Florida list of such species maintained by the

2422

commission or the arrest and conviction of persons who violate

2423

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

2424

provided by donations from interested individuals and

2425

organizations. The reward program is to be administered by the

2426

commission. The commission shall establish a schedule of

2427

rewards.

2428

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

2429

purposes:

2430

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

2431

enforcement officers, commission personnel, and members of their

2432

immediate families, for information as specified in subsection

2433

(1); or

2434

(b) The promotion of public recognition and awareness of

2435

the Endangered and Threatened Species Reward Program.

2436

Section 50. Section 372.771, Florida Statutes, is

2437

renumbered as section 379.23, Florida Statutes, to read:

2438

379.23 ~~372.771~~ Federal conservation of fish and wildlife;

2439

limited jurisdiction.--

2440

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

2441

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

2442

waters or interests therein, for the purpose of managing,

2443

protecting and propagating fish and wildlife and for other

2444

conservation uses in the state, providing prior notice has been

2445

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

2446

Internal Improvement Trust Fund, the board of county

2447

commissioners of the county where the lands proposed for

2448

purchase are located, of such proposed action stating the

2449

specific use to be made of and the specific location and

2450

description of such lands desired by the Federal Government for

2451

any such conservation use, and that such plans for acquisition

2452

and use of said lands be approved by the Board of Trustees of

2453

the Internal Improvement Trust Fund, the board of county

2454

commissioners of the county where the lands proposed for

2455

purchase are located; provided further that nothing herein

2456

contained shall be construed to give the consent of the State of

2457

Florida to the acquisition by the United States of lands,

2458

waters, or lands and waters, or interests therein, through

2459

exercise of the power of eminent domain; provided further that

2460

the provisions of this act shall not apply to lands owned by the

2461

several counties or by public corporations.

2462

(2) The United States may exercise concurrent jurisdiction

2463

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

2464

the authority except that the existing laws of Florida relating

2465

to the Department of Environmental Protection or the Fish and

2466

Wildlife Conservation Commission shall prevail relating to any

2467

area under their supervision.

2468

Section 51. Section 372.265, Florida Statutes, is

2469

renumbered as section 379.231, Florida Statutes, and amended to

2470

read:

2471

379.231 ~~372.265~~ Regulation of foreign animals.--

2472

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

2473

release within this state, any species of the animal kingdom not

2474

indigenous to Florida without having obtained a permit to do so

2475

from the Fish and Wildlife Conservation Commission.

2476

(2) The Fish and Wildlife Conservation Commission is

2477

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

2478

studies of the species made by it to determine any detrimental

2479

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

2480

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

2481

Three violation under s. 379.401 ~~372.83~~.

2482

Section 52. Section 370.03, Florida Statutes, is

2483

renumbered as section 379.232, Florida Statutes, to read:

2484

379.232 ~~370.03~~ Water bottoms.--

2485

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

2486

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

2487

other bodies of water within the jurisdiction of Florida shall

2488

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

2489

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

2490

conveyance of any water bottom, except conditional leases and

2491

dispositions hereinafter provided for, shall hereafter be made

2492

by the state, the Board of Trustees of the Internal Improvement

2493

Trust Fund, the Department of Agriculture and Consumer Services,

2494

or any other official or political corporation. Persons who have

2495

received, or may hereafter receive permits to do business in

2496

this state, with their factories, shucking plants and shipping

2497

depots located in this state, may enjoy the right of fishing for

2498

oysters and clams from the natural reefs and bedding oysters and

2499

clams on leased bedding grounds, and shall have the right to

2500

employ such boats, vessels, or labor and assistants as they may

2501

need. Provided that no oysters shall be transported unshucked

2502

and in the shells, out of the state, except for use in what is

2503

commonly known as the "half-shell trade." When the oyster meats

2504

have been separated from the shells it shall be permissible to

2505

ship the meats out of the state for further processing and for

2506

canning or packing. It shall be unlawful to transport oysters

2507

out of the state, unshucked and in the shells, for processing or

2508

packing.

2509

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

2510

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

2511

under some grant or alienation heretofore made, including such

2512

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

2513

lease the same to any person irrespective of residence or

2514

citizenship, upon such terms, conditions and restrictions as

2515

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

2516

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

2517

to plant oysters or clams thereon and for the purpose of

2518

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

2519

and other shellfish. No such lessee shall re-lease, sublease,

2520

sell or transfer any such water bottom or property; provided,

2521

that nothing herein contained shall be construed as giving said

2522

department authority to lease sponge beds.

2523

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

2524

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

2525

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

2526

same fees as are allowed clerks of the circuit court for like

2527

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

2528

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

2529

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

2530

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

2531

or assigns, have bona fide complied with the requirements of

2532

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

2533

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

2534

are 100 square yards in area and contained natural oysters and

2535

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

2536

been resorted to by the general public for the purpose of

2537

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

2538

they were planted by such grantee, his or her heirs or assigns,

2539

such reefs or beds are declared to be the property of the state;

2540

and when such beds or reefs exist within the territory

2541

heretofore granted as above set forth, or that may hereafter be

2542

leased, such grantee or lessee shall mark the boundaries of such

2543

oyster and clam reefs or beds as may be designated by the

2544

department as natural oyster or clam reefs or beds, clearly

2545

defining the boundaries of the same, and shall post notice or

2546

other device, as shall be required by the department, giving

2547

notice to the public that such oyster or clam beds or reefs are

2548

the property of the state, which said notice shall be maintained

2549

from September 1 to June 1 of each and every year, on each

2550

oyster bed or reef and on each clam bed for such period of each

2551

year as the board may direct, at the expense of the grantee or

2552

lessee. The department shall investigate all grants heretofore

2553

made, and where, in its opinion, the lessee or grantee has not

2554

bona fide complied with the law under which he or she received

2555

his or her grant or lease, and the department is authorized and

2556

required to institute legal proceedings to vacate the same, in

2557

order to use such lands for the benefit of the public, subject

2558

to the same dispositions as other bottoms.

2559

Section 53. Section 372.995, Florida Statutes, is

2560

renumbered as section 379.233, Florida Statutes, to read:

2561

379.233 ~~372.995~~ Release of balloons.--

2562

(1) The Legislature finds that the release into the

2563

atmosphere of large numbers of balloons inflated with lighter-

2564

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

2565

particularly to wildlife and marine animals.

2566

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

2567

intentionally release, organize the release, or intentionally

2568

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

2569

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

2570

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

2571

governmental agency or pursuant to a governmental contract for

2572

scientific or meteorological purposes;

2573

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

2574

2575

(d) Balloons that are either biodegradable or

2576

photodegradable, as determined by rule of the Fish and Wildlife

2577

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

2578

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

2579

attachments. In the event that any balloons are released

2580

pursuant to the exemption established in this paragraph, the

2581

party responsible for the release shall make available to any

2582

law enforcement officer evidence of the biodegradability or

2583

photodegradability of said balloons in the form of a certificate

2584

executed by the manufacturer. Failure to provide said evidence

2585

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

2586

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

2587

noncriminal infraction, punishable by a fine of $250.

2588

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

2589

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

2590

of the county in which the balloons are to be released.

2591

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

2592

Statutes, is renumbered as section 379.2341, Florida Statutes,

2593

and amended to read:

2594

379.2341 Publications by the commission.--

2595

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

2596

in its discretion, to cause the statutory laws under its

2597

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

2598

published in pamphlet form for free distribution in this state.

2599

The commission is authorized to make charges for technical and

2600

educational publications and mimeographed material of use for

2601

educational or reference purposes. Such charges shall be made at

2602

the discretion of the commission. Such charges may be sufficient

2603

to cover cost of preparation, printing, publishing, and

2604

distribution. All moneys received for publications shall be

2605

deposited into the fund from which the cost of the publication

2606

was paid. The commission is further authorized to enter into

2607

agreements with persons, firms, corporations, governmental

2608

agencies, and other institutions whereby publications may be

2609

exchanged reciprocally in lieu of payments for said

2610

publications.

2611

Section 55. Section 372.0222, Florida Statutes, is

2612

renumbered as section 379.2342, Florida Statutes, to read:

2613

379.2342 ~~372.0222~~ Private publication agreements;

2614

advertising; costs of production.--

2615

(1) The Fish and Wildlife Conservation Commission may

2616

enter into agreements to secure the private publication of

2617

public information brochures, pamphlets, audiotapes, videotapes,

2618

and related materials for distribution without charge to the

2619

public and, in furtherance thereof, is authorized to:

2620

(a) Enter into agreements with private vendors for the

2621

publication or production of such public information materials,

2622

whereby the costs of publication or production will be borne in

2623

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

2624

additional compensation in return for the right of the vendor to

2625

select, sell, and place advertising which publicizes products or

2626

services related to and harmonious with the subject matter of

2627

the publication.

2628

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

2629

elements of any advertising placed in such public information

2630

materials, including the form and content thereof.

2631

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

2632

advice and assistance of the Florida Wildlife Magazine Advisory

2633

Council, shall publish the Florida Wildlife Magazine. The

2634

magazine shall be published at least on a quarterly basis in

2635

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

2636

subscription and retail distribution. The primary focus of the

2637

magazine shall be to promote the heritage of hunting and fishing

2638

in Florida. The magazine shall also disseminate information

2639

regarding other outdoor recreational opportunities available to

2640

Floridians and visitors.

2641

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

2642

distribution of the magazine, the commission, with the advice

2643

and assistance of the Florida Wildlife Magazine Advisory

2644

Council, is authorized to sell advertising for placement in the

2645

magazine. The commission shall have the right to approve all

2646

elements of any advertising placed in the magazine, including

2647

the form and content thereof. The magazine shall include a

2648

statement providing that the inclusion of advertising in the

2649

magazine does not constitute an endorsement by the state or the

2650

commission of the products or services so advertised. The

2651

commission may charge an annual magazine subscription fee of up

2652

to $25, a 2-year magazine subscription fee of up to $45, and a

2653

3-year magazine subscription fee of up to $60. The commission

2654

may charge a retail per copy fee of up to $7. The provisions of

2655

chapter 287 do not apply to the sale of advertising for

2656

placement in the magazine. All revenues generated by the

2657

magazine shall be credited to the State Game Trust Fund.

2658

2659

created within the commission to advise and make recommendations

2660

to the commission regarding development, publication, and sale

2661

of the Florida Wildlife Magazine. In order to accomplish this

2662

purpose, the council shall provide recommendations to the

2663

commission regarding:

2664

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

2665

magazine.

2666

2. Advertising proposed for each edition of the magazine.

2667

3. Strategies to improve distribution and circulation of

2668

the magazine.

2669

4. Cost-reduction measures regarding publication of the

2670

magazine.

2671

(d) The Florida Wildlife Magazine Advisory Council shall

2672

consist of seven members appointed by the commission, and

2673

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

2674

When making initial appointments to the council and filling

2675

vacancies, the commission shall appoint members to represent the

2676

following interests: hunting; saltwater fishing; freshwater

2677

fishing; recreational boating; recreational use of off-road

2678

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

2679

activities; general business interests; and magazine publishing.

2680

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

2681

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

2682

and three of the initial appointees shall serve 4-year terms.

2683

Subsequent to the expiration of the initial terms, advisory

2684

council appointees shall serve 4-year terms.

2685

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

2686

chair annually.

2687

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

2688

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

2689

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

2690

shall constitute a quorum for the transaction of business.

2691

(h) The commission shall provide the council with

2692

clerical, expert, technical, or other services. All expenses of

2693

the council shall be paid from appropriations made by the

2694

Legislature to the commission. All vouchers shall be approved by

2695

the executive director before submission to the Chief Financial

2696

Officer for payment.

2697

(i) Members of the council shall serve without

2698

compensation but shall receive per diem and reimbursement for

2699

travel expenses as provided in s. 112.061.

2700

(j) Advisory council members may be reappointed. Advisory

2701

council members shall serve at the pleasure of the commission.

2702

(3) Any public information materials produced pursuant to

2703

this section and containing advertising of any kind shall

2704

include a statement providing that the inclusion of advertising

2705

in such material does not constitute an endorsement by the state

2706

or commission of the products or services so advertised.

2707

(4) The Fish and Wildlife Conservation Commission may

2708

enter into agreements with private vendors for vendor

2709

advertisement for the purpose of offsetting expenses relating to

2710

license issuance, and, in furtherance thereof, is authorized to:

2711

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

2712

elements of such advertising, including the form or content.

2713

(b) Require that any advertising of any kind contracted

2714

pursuant to this section shall include a statement providing

2715

that the advertising does not constitute an endorsement by the

2716

state or commission of the products or services to be so

2717

advertised.

2718

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

2719

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

2720

and other materials relating to fish and wildlife conservation

2721

and may establish and impose a reasonable charge for such

2722

materials to cover costs of production and distribution in whole

2723

or part and may contract for the marketing, sale, and

2724

distribution of such publications and materials; except that no

2725

charge shall be imposed for materials designed to provide the

2726

public with essential information concerning fish and wildlife

2727

regulations and matters of public safety.

2728

(6) The commission shall provide services and information

2729

designed to inform Floridians and visitors about Florida's

2730

unique and diverse fish, game, and wildlife, and make it

2731

available by means of commonly used media. For the

2732

accomplishment of those purposes, the commission may make

2733

expenditures to:

2734

(a) Encourage and cooperate with public and private

2735

organizations or groups to publicize to residents and visitors

2736

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

2737

recreation opportunities of the state, including the

2738

establishment of and expenditure for a program of cooperative

2739

advertising or sponsorships, or partnerships with the public and

2740

private organizations and groups in accordance with rules

2741

adopted by the commission under chapter 120.

2742

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

2743

compiling information or other services which, in its judgment,

2744

should not be free to those requesting the information,

2745

research, handling, material, publication, or other services.

2746

Any amounts of money received by the commission from such

2747

sources shall be restored to the appropriations of the

2748

commission, and any unexpended funds shall be deposited into the

2749

State Game Trust Fund and made available to the commission for

2750

use in performing its duties, powers, and purposes.

2751

2752

seminars, and other meetings conducted in furtherance of the

2753

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

2754

collected under this paragraph which remain unexpended after the

2755

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

2756

shall be deposited into the State Game Trust Fund and made

2757

available to the commission for use in performing its duties,

2758

powers, and purposes.

2759

(d) Purchase and distribute promotional items to increase

2760

public awareness regarding boating safety and other programs

2761

that promote public safety or resource conservation.

2762

(7) Notwithstanding the provisions of part I of chapter

2763

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

2764

into contracts that are primarily for promotional and

2765

advertising services and promotional events which may include

2766

the authority to negotiate costs with offerors of such services

2767

and commodities who have been determined to be qualified on the

2768

basis of technical merit, creative ability, and professional

2769

competency.

2770

Section 56. Section 370.1103, Florida Statutes, is

2771

renumbered as section 379.2351, Florida Statutes, to read:

2772

379.2351 ~~370.1103~~ Land-based commercial and recreational

2773

fishing activities; legislative findings and purpose;

2774

definitions; legal protection; local ordinances; prohibited

2775

activity.--

2776

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

2777

finds that commercial and recreational fishing constitute

2778

activities of statewide importance and that the continuation of

2779

commercial and recreational fishing will benefit the health and

2780

welfare of the people of this state. The Legislature further

2781

finds that commercial and recreational fishing operations

2782

conducted in developing and urbanizing areas are potentially

2783

subject to curtailment as a result of local government zoning

2784

and nuisance ordinances which may unreasonably force the closure

2785

of productive commercial and recreational fishing operations. It

2786

is the purpose of this act to prevent the curtailment or

2787

abolishment of commercial and recreational fishing operations

2788

solely because the area in which they are located has changed in

2789

character or the operations are displeasing to neighboring

2790

residents.

2791

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

2792

operation" means any type of activity conducted on land,

2793

requiring the location or storage of commercial fishing

2794

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

2795

loading areas, landing areas, and cold storage facilities,

2796

including any activity necessary to prepare finfish or shellfish

2797

for refrigeration. This definition does not include operations

2798

with the sole or primary function of processing seafood.

2799

(3) LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL

2800

FISHING OPERATIONS.--No commercial or recreational fishing

2801

operation shall be declared a public or private nuisance solely

2802

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

2803

the property in or around the locality of the operation.

2804

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

2805

adopt any ordinance that declares any commercial or recreational

2806

fishing operation to be a nuisance solely because it is a

2807

commercial or recreational fishing operation, or any zoning

2808

ordinance that unreasonably forces the closure of any commercial

2809

or recreational fishing operation. Nothing in this act shall

2810

prevent a local government from regulating commercial and

2811

recreational fishing operations, including by requiring the use

2812

of methods, structures, or appliances where such use will

2813

prevent, ameliorate, or remove conditions which create or may

2814

create a nuisance or, pursuant to the applicable local zoning

2815

code, by declaring a commercial or recreational fishing

2816

operation to be a nonconforming use.

2817

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

2818

shall not be construed to permit an existing commercial or

2819

recreational fishing operation to change to a larger operation

2820

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

2821

violates local ordinances or regulations or creates a nuisance.

2822

Section 57. Section 370.27, Florida Statutes, is

2823

renumbered as section 379.2352, Florida Statutes, to read:

2824

379.2352 ~~370.27~~ State employment; priority consideration

2825

for qualified displaced employees of the saltwater fishing

2826

industry.--All state agencies must give priority consideration

2827

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

2828

time employment in the commercial saltwater fishing industry as

2829

a result of the adoption of the constitutional amendment

2830

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

2831

applicant meets the minimum requirements for the position

2832

sought.

2833

Section 58. Section 370.28, Florida Statutes, is

2834

renumbered as section 379.2353, Florida Statutes, to read:

2835

379.2353 ~~370.28~~ Enterprise zone designation; communities

2836

adversely impacted by net limitations.--

2837

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

2838

is directed to identify communities suffering adverse impacts

2839

from the adoption of the constitutional amendment limiting the

2840

use of nets to harvest marine species.

2841

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

2842

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

2843

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

2844

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

2845

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

2846

community must comply with the requirements of s. 290.0055,

2847

except that, for a community having a total population of 7,500

2848

persons or more but fewer than 20,000 persons, the selected area

2849

may not exceed 5 square miles. Notwithstanding the provisions of

2850

s. 290.0065, limiting the total number of enterprise zones

2851

designated and the number of enterprise zones within a

2852

population category, the Office of Tourism, Trade, and Economic

2853

Development may designate an enterprise zone in eight of the

2854

identified communities. The governing body having jurisdiction

2855

over such area shall create an enterprise zone development

2856

agency pursuant to s. 290.0056 and submit a strategic plan

2857

pursuant to s. 290.0057. Enterprise zones designated pursuant to

2858

this section shall be effective January 1, 1997. Any enterprise

2859

zone designated under this paragraph having an effective date on

2860

or before January 1, 2005, shall continue to exist until

2861

December 31, 2005, but shall cease to exist on December 31,

2862

2005. Any enterprise zone redesignated on or after January 1,

2863

2006, must do so in accordance with the Florida Enterprise Zone

2864

Act.

2865

(b) Notwithstanding any provisions of this section to the

2866

contrary, communities in coastal counties with a county

2867

population greater than 20,000, which can demonstrate that the

2868

community has historically been a fishing community and has

2869

therefore had a direct adverse impact from the adoption of the

2870

constitutional amendment limiting the use of nets, shall also be

2871

eligible to apply for designation of an area as an enterprise

2872

zone. The community must comply with the requirements of s.

2873

290.0055, except s. 290.0055(3). Such communities shall apply to

2874

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

2875

15, 1996. The office may designate one enterprise zone under

2876

this paragraph, which shall be effective January 1, 1997, and

2877

which shall be in addition to the eight zones authorized under

2878

paragraph (a). Any enterprise zone designated under this

2879

paragraph having an effective date on or before January 1, 2005,

2880

shall continue to exist until December 31, 2005, but shall cease

2881

to exist on that date. Any enterprise zone redesignated on or

2882

after January 1, 2006, must do so in accordance with the Florida

2883

Enterprise Zone Act. The governing body having jurisdiction over

2884

such area shall create an enterprise zone development agency

2885

pursuant to s. 290.0056 and submit a strategic plan pursuant to

2886

s. 290.0057.

2887

(3) For the purpose of nominating and designating areas

2888

pursuant to subsection (2), the requirements set out in s.

2889

290.0058(2) shall not apply.

2890

(4) Notwithstanding the time limitations contained in

2891

chapters 212 and 220, a business eligible to receive tax credits

2892

under this section from January 1, 1997, to June 1, 1998, must

2893

submit an application for the tax credits by December 1, 1998.

2894

All other requirements of the enterprise zone program apply to

2895

such a business.

2896

Section 59. Subsection (9) of section 370.021, Florida

2897

Statutes, is renumbered as section 379.236, Florida Statutes,

2898

and amended to read:

2899

379.236 Retention, destruction, and reproduction of

2900

commission records.--

2901

~~(9)~~ Records and documents of the commission created in

2902

compliance with and in the implementation of this chapter or

2903

former chapter 371 shall be retained by the commission as

2904

specified in record retention schedules established under the

2905

general provisions of chapters 119 and 257. Such records

2906

retained by the Department of Environmental Protection on July

2907

1, 1999, shall be transferred to the commission. Further, the

2908

commission is authorized to:

2909

(1)~~(a)~~ Destroy, or otherwise dispose of, those records and

2910

documents in conformity with the approved retention schedules.

2911

(2)~~(b)~~ Photograph, microphotograph, or reproduce such

2912

records and documents on film, as authorized and directed by the

2913

approved retention schedules, whereby each page will be exposed

2914

in exact conformity with the original records and documents

2915

retained in compliance with the provisions of this section.

2916

Photographs or microphotographs in the form of film or print of

2917

any records, made in compliance with the provisions of this

2918

section, shall have the same force and effect as the originals

2919

thereof would have and shall be treated as originals for the

2920

purpose of their admissibility in evidence. Duly certified or

2921

authenticated reproductions of such photographs or

2922

microphotographs shall be admitted in evidence equally with the

2923

original photographs or microphotographs. The impression of the

2924

seal of the commission on a certificate made pursuant to the

2925

provisions hereof and signed by the executive director of the

2926

commission shall entitle the same to be received in evidence in

2927

all courts and in all proceedings in this state and shall be

2928

prima facie evidence of all factual matters set forth in the

2929

certificate. A certificate may relate to one or more records, as

2930

set forth in the certificate, or in a schedule continued on an

2931

attachment to the certificate.

2932

(3)~~(c)~~ Furnish certified copies of such records for a fee

2933

of $1 which shall be deposited in the Marine Resources

2934

Conservation Trust Fund.

2935

Section 60. Subsection (10) of section 370.021, Florida

2936

Statutes, renumbered as section 379.237, Florida Statutes, and

2937

amended to read:

2938

379.237 Courts of equity may enjoin.--

2939

~~(10) COURTS OF EQUITY MAY ENJOIN.--~~Courts of equity in

2940

this state have jurisdiction to enforce the conservation laws of

2941

this state by injunction.

2942

Section 61. Part II of chapter 379, Florida Statutes,

2943

consisting of sections 379.2401, 379.2402, 379.2411, 379.2412,

2944

379.2413, 379.2421, 379.2422, 379.2423, 379.2424, 379.2425,

2945

379.2431, 379.2432, 379.2433, 379.244, 379.245, 379.246,

2946

379.247, 379.248, 379.249, 379.25, 379.2511, 379.2512, 379.2521,

2947

379.2522, 379.2523, 379.2524, and 379.2525, is created to read:

2948

PART II

2949

MARINE LIFE

2950

2951

Section 62. Section 370.025, Florida Statutes, is

2952

renumbered as section 379.2401, Florida Statutes, to read:

2953

379.2401 ~~370.025~~ Marine fisheries; policy and standards.--

2954

(1) The Legislature hereby declares the policy of the

2955

state to be management and preservation of its renewable marine

2956

fishery resources, based upon the best available information,

2957

emphasizing protection and enhancement of the marine and

2958

estuarine environment in such a manner as to provide for optimum

2959

sustained benefits and use to all the people of this state for

2960

present and future generations.

2961

(2) The commission is instructed to make recommendations

2962

annually to the Governor and the Legislature regarding marine

2963

fisheries research priorities and funding. All administrative

2964

and enforcement responsibilities which are unaffected by the

2965

specific provisions of this act are the responsibility of the

2966

commission.

2967

(3) All rules relating to saltwater fisheries adopted by

2968

the commission shall be consistent with the following standards:

2969

(a) The paramount concern of conservation and management

2970

measures shall be the continuing health and abundance of the

2971

marine fisheries resources of this state.

2972

(b) Conservation and management measures shall be based

2973

upon the best information available, including biological,

2974

sociological, economic, and other information deemed relevant by

2975

the commission.

2976

2977

reasonable means and quantities of annual harvest, consistent

2978

with maximum practicable sustainable stock abundance on a

2979

continuing basis.

2980

(d) When possible and practicable, stocks of fish shall be

2981

managed as a biological unit.

2982

(e) Conservation and management measures shall assure

2983

proper quality control of marine resources that enter commerce.

2984

(f) State marine fishery management plans shall be

2985

developed to implement management of important marine fishery

2986

resources.

2987

(g) Conservation and management decisions shall be fair

2988

and equitable to all the people of this state and carried out in

2989

such a manner that no individual, corporation, or entity

2990

acquires an excessive share of such privileges.

2991

(h) Federal fishery management plans and fishery

2992

management plans of other states or interstate commissions

2993

should be considered when developing state marine fishery

2994

management plans. Inconsistencies should be avoided unless it is

2995

determined that it is in the best interest of the fisheries or

2996

residents of this state to be inconsistent.

2997

Section 63. Section 370.0607, Florida Statutes, is

2998

renumbered as section 379.2402, Florida Statutes, to read:

2999

379.2402 ~~370.0607~~ Marine information system.--The Fish and

3000

Wildlife Conservation Commission shall establish by rule a

3001

marine information system in conjunction with the licensing

3002

program to gather marine fisheries data.

3003

Section 64. Section 370.101, Florida Statutes, is

3004

renumbered as section 379.2411, Florida Statutes, and amended to

3005

read:

3006

379.2411 ~~370.101~~ Saltwater fish; regulations.--

3007

(1) The Fish and Wildlife Conservation Commission is

3008

authorized to establish weight equivalencies when minimum

3009

lengths of saltwater fish are established by law, in those cases

3010

where the fish are artificially cultivated.

3011

(2) A special activity license may be issued by the

3012

commission pursuant to s. 379.361 ~~370.06~~ for catching and

3013

possession of fish protected by law after it has first

3014

established that such protected specimens are to be used as

3015

stock for artificial cultivation.

3016

(3) A permit may not be issued pursuant to subsection (2)

3017

until the commission determines that the artificial cultivation

3018

activity complies with the provisions of ss. 253.67-253.75 and

3019

any other specific provisions contained within this chapter

3020

regarding leases, licenses, or permits for maricultural

3021

activities of each saltwater fish, so that the public interest

3022

in such fish stocks is fully protected.

3023

Section 65. Section 370.102, Florida Statutes, is

3024

renumbered as section 379.2412, Florida Statutes, and amended to

3025

read:

3026

379.2412 ~~370.102~~ State preemption of power to

3027

regulate.--The power to regulate the taking or possession of

3028

saltwater fish, as defined in s. 379.101 ~~370.01~~, is expressly

3029

reserved to the state. This section does not prohibit a local

3030

government from prohibiting, for reasons of protecting the

3031

public health, safety, or welfare, saltwater fishing from real

3032

property owned by that local government.

3033

Section 66. Section 370.11, Florida Statutes, is

3034

renumbered as section 379.2413, Florida Statutes, and amended to

3035

read:

3036

379.2413 Catching food fish for the purposes of making oil

3037

~~370.11 Fish; regulation~~.--

3038

~~(1) CATCHING FOOD FISH FOR PURPOSES OF MAKING OIL~~

3039

~~PROHIBITED.--~~No person shall take any food fish from the waters

3040

under the jurisdiction of the state, for the purpose of making

3041

oil, fertilizer or compost therefrom. Purse seines may be used,

3042

for the taking of nonfood fish for the purpose of making oil,

3043

fertilizer or compost.

3044

~~(2) REGULATION; FISH; TARPON, ETC.--No person may sell,~~

3045

~~offer for sale, barter, exchange for merchandise, transport for~~

3046

~~sale, either within or without the state, offer to purchase or~~

3047

~~purchase any species of fish known as tarpon (Tarpon atlanticus)~~

3048

~~provided, however, any one person may carry out of the state as~~

3049

~~personal baggage or transport within or out of the state not~~

3050

~~more than two tarpon if they are not being transported for sale.~~

3051

~~The possession of more than two tarpon by any one person is~~

3052

~~unlawful; provided, however, any person may catch an unlimited~~

3053

~~number of tarpon if they are immediately returned uninjured to~~

3054

~~the water and released where the same are caught. No common~~

3055

~~carrier in the state shall knowingly receive for transportation~~

3056

~~or transport, within or without the state, from any one person~~

3057

~~for shipment more than two tarpon, except as hereinafter~~

3058

~~provided. It is expressly provided that any lawful established~~

3059

~~taxidermist, in the conduct of taxidermy, may be permitted to~~

3060

~~move or transport any reasonable number of tarpon at any time~~

3061

~~and in any manner he or she may desire, as specimens for~~

3062

~~mounting; provided, however, satisfactory individual ownership~~

3063

~~of the fish so moved or transported can be established by such~~

3064

~~taxidermist at any time upon demand. Common carriers shall~~

3065

~~accept for shipment tarpon from a taxidermist when statement of~~

3066

~~individual ownership involved accompanies bill of lading or~~

3067

~~other papers controlling the shipment. The Fish and Wildlife~~

3068

~~Conservation Commission may, in its discretion, upon application~~

3069

~~issue permits for the taking and transporting of tarpon for~~

3070

~~scientific purposes.~~

3071

Section 67. Section 370.08, Florida Statutes, is

3072

renumbered as section 379.2421, Florida Statutes, and amended to

3073

read:

3074

379.2421 ~~370.08~~ Fishers and equipment; regulation.--

3075

(1) ILLEGAL POSSESSION OF SEINES AND NETS.--No person may

3076

have in his or her custody or possession in any county of this

3077

state any fishing seine or net, the use of which for fishing

3078

purposes in such county is prohibited by law. Such possession

3079

shall be evidence of a violation of this subsection by both the

3080

owner thereof and the person using or possessing said net. The

3081

provisions of this subsection shall not apply to shrimp nets, to

3082

pound nets or purse nets when used in taking menhaden fish, to

3083

seines used exclusively for taking herring, or to legal beach

3084

seines used in the open gulf or Atlantic Ocean if the possession

3085

of such nets is not prohibited in the county where found.

3086

(2) STOP NETTING DEFINED; PROHIBITION.--

3087

(a) It is unlawful for any person to obstruct any river,

3088

creek, canal, pass, bayou or other waterway in this state by

3089

placing or setting therein any screen, net, seine, rack, wire or

3090

other device, or to use, set, or place any net or seine or

3091

similar device of any kind, either singularly or in rotation or

3092

one behind another in any manner whatsoever so as to prevent the

3093

free passage of fish.

3094

(b) It is unlawful for any person, while fishing or

3095

attempting to fish for shrimp or saltwater fish, to attach or

3096

otherwise secure a frame net, trawl net, trap net, or similar

3097

device to any state road bridge or associated structure situated

3098

over any saltwater body or to use more than one such net or

3099

device while fishing from such bridge or structure. For the

3100

purposes of this paragraph, a "frame net" is any net similar to

3101

a hoop net, the mouth of which is held open by a frame, with a

3102

trailing mesh net, of any size. Cast nets, dip nets, and similar

3103

devices are specifically excluded from the operation of this

3104

paragraph.

3105

(3) USE OF PURSE SEINES, GILL NETS, POUND NETS, ETC.--No

3106

person may take food fish within or without the waters of this

3107

state with a purse seine, purse gill net, or other net using

3108

rings or other devices on the lead line thereof, through which a

3109

purse line is drawn, or pound net, or have any food fish so

3110

taken in his or her possession for sale or shipment. The

3111

provisions of this section shall not apply to shrimp nets or to

3112

pound nets or purse seines when used for the taking of tuna or

3113

menhaden fish only.

3114

(4) RETURN OF FISH TO WATER.--All persons taking food fish

3115

from any of the waters of this state by use of seines, nets, or

3116

other fishing devices and not using any of such fish because of

3117

size or other reasons shall immediately release and return such

3118

fish alive to the water from which taken and no such fish may be

3119

placed or deposited on any bank, shore, beach or other place out

3120

of the water.

3121

~~(5) THROWING EXPLOSIVES OR USE OF FIREARMS IN WATER FOR~~

3122

~~PURPOSE OF KILLING FOOD FISH PROHIBITED.--No person may throw or~~

3123

~~cause to be thrown, into any of the waters of this state, any~~

3124

~~dynamite, lime, other explosives or discharge any firearms~~

3125

~~whatsoever for the purpose of killing food fish therein. The~~

3126

~~landing ashore or possession on the water by any person of any~~

3127

~~food fish that has been damaged by explosives or the landing of~~

3128

~~headless jewfish or grouper, if the grouper is taken for~~

3129

~~commercial use, is prima facie evidence of violation of this~~

3130

~~section.~~

3131

(5)~~(6)~~ SEINES, POCKET BUNTS.--In any counties where seines

3132

are not prohibited on the open gulf or Atlantic Ocean, such

3133

seines may have a pocket bunt on the middle of the seine of a

3134

mesh size less than that provided by law.

3135

(6)~~(7)~~ ~~ILLEGAL~~ USE OF POISONS, DRUGS, OR CHEMICALS.--

3136

~~(a) It is unlawful for any person to place poisons, drugs,~~

3137

~~or other chemicals in the marine waters of this state unless~~

3138

~~that person has first obtained a special activity license for~~

3139

~~such use pursuant to s. 370.06 from the Fish and Wildlife~~

3140

~~Conservation Commission.~~

3141

~~(b)~~ Upon application on forms furnished by the commission,

3142

the commission may issue a license to use poisons, drugs, or

3143

other chemicals in the marine waters of this state for the

3144

purpose of capturing live marine species. The application and

3145

license shall specify the area in which collecting will be done;

3146

the drugs, chemicals, or poisons to be used; and the maximum

3147

amounts and concentrations at each sampling.

3148

(7)~~(8)~~ PENALTIES.--A commercial harvester who violates

3149

this section shall be punished under s. 379.407 ~~370.021~~. Any

3150

other person who violates this section commits a Level Two

3151

violation under s. 379.401 ~~372.83~~.

3152

Section 68. Section 370.093, Florida Statutes, is

3153

renumbered as section 379.2422, Florida Statutes, and amended to

3154

read:

3155

379.2422 ~~370.093~~ Illegal use of nets.--

3156

(1) It is unlawful to take or harvest, or to attempt to

3157

take or harvest, any marine life in Florida waters with any net

3158

that is not consistent with the provisions of s. 16, Art. X of

3159

the State Constitution.

3160

(2)(a) Beginning July 1, 1998, it is also unlawful to take

3161

or harvest, or to attempt to take or harvest, any marine life in

3162

Florida waters with any net, as defined in subsection (3) and

3163

any attachments to such net, that combined are larger than 500

3164

square feet and have not been expressly authorized for such use

3165

by rule of the Fish and Wildlife Conservation Commission. The

3166

use of currently legal shrimp trawls and purse seines outside

3167

nearshore and inshore Florida waters shall continue to be legal

3168

until the commission implements rules regulating those types of

3169

gear.

3170

(b) The use of gill or entangling nets of any size is

3171

prohibited, as such nets are defined in s. 16, Art. X of the

3172

State Constitution. Any net constructed wholly or partially of

3173

monofilament or multistrand monofilament material, other than a

3174

hand thrown cast net, or a handheld landing or dip net, shall be

3175

considered to be an entangling net within the prohibition of s.

3176

16, Art. X of the State Constitution unless specifically

3177

authorized by rule of the commission. Multistrand monofilament

3178

material shall not be defined to include nets constructed of

3179

braided or twisted nylon, cotton, linen twine, or polypropylene

3180

twine.

3181

3182

aquaculture activities licenses issued pursuant to s. 379.2523

3183

~~370.26~~.

3184

(3) As used in s. 16, Art. X of the State Constitution and

3185

this subsection, the term "net" or "netting" must be broadly

3186

construed to include all manner or combination of mesh or

3187

webbing or any other solid or semisolid fabric or other material

3188

used to comprise a device that is used to take or harvest marine

3189

life.

3190

(4) Upon the arrest of any person for violation of this

3191

subsection, the arresting officer shall seize the nets illegally

3192

used. Upon conviction of the offender, the arresting authority

3193

shall destroy the nets.

3194

(5) Any person who violates this section shall be punished

3195

as provided in s. 379.407(3) ~~370.021(3)~~.

3196

(6) The Fish and Wildlife Conservation Commission is

3197

granted authority to adopt rules pursuant to s. 379.2401 ~~370.025~~

3198

implementing this section and the prohibitions and restrictions

3199

of s. 16, Art. X of the State Constitution.

3200

Section 69. Section 370.092, Florida Statutes, is

3201

renumbered as section 379.2423, Florida Statutes, and amended to

3202

read:

3203

379.2423 ~~370.092~~ Carriage of proscribed nets across

3204

Florida waters.--

3205

(1) This section applies to all vessels containing or

3206

otherwise transporting in or on Florida waters any gill net or

3207

other entangling net and to all vessels containing or otherwise

3208

transporting in or on Florida waters any net containing more

3209

than 500 square feet of mesh area the use of which is restricted

3210

or prohibited by s. 16, Art. X of the State Constitution. This

3211

section does not apply to vessels containing or otherwise

3212

transporting in or on Florida waters dry nets which are rolled,

3213

folded, or otherwise properly stowed in sealed containers so as

3214

to make their immediate use as fishing implements impracticable.

3215

(2) Every vessel containing or otherwise transporting in

3216

or on Florida waters any gill net or other entangling net and

3217

every vessel containing or otherwise transporting in or on

3218

nearshore and inshore Florida waters any net containing more

3219

than 500 square feet of mesh area shall proceed as directly,

3220

continuously, and expeditiously as possible from the place where

3221

the vessel is regularly docked, moored, or otherwise stored to

3222

waters where the use of said nets is lawful and from waters

3223

where the use of said nets is lawful back to the place where the

3224

vessel is regularly docked, moored, or otherwise stored or back

3225

to the licensed wholesale dealer where the catch is to be sold.

3226

Exceptions shall be provided for docked vessels, for vessels

3227

which utilize nets in a licensed aquaculture operation, and for

3228

vessels containing trawl nets as long as the trawl's doors or

3229

frame are not deployed in the water. Otherwise, hovering,

3230

drifting, and other similar activities inconsistent with the

3231

direct, continuous, and expeditious transit of such vessels

3232

shall be evidence of the unlawful use of such nets. The presence

3233

of fish in such a net is not evidence of the unlawful use of the

3234

net if the vessel is otherwise in compliance with this section.

3235

(3) Notwithstanding subsections (1) and (2), unless

3236

authorized by rule of the Fish and Wildlife Conservation

3237

Commission, it is a major violation under this section,

3238

punishable as provided in s. 379.407(3) ~~370.021(3)~~, for any

3239

person, firm, or corporation to possess any gill or entangling

3240

net, or any seine net larger than 500 square feet in mesh area,

3241

on any airboat or on any other vessel less than 22 feet in

3242

length and on any vessel less than 25 feet if primary power of

3243

the vessel is mounted forward of the vessel center point. Gill

3244

or entangling nets shall be as defined in s. 16, Art. X of the

3245

State Constitution, s. 379.2422(2)(b) ~~370.093(2)(b)~~, or in a

3246

rule of the Fish and Wildlife Conservation Commission

3247

implementing s. 16, Art. X of the State Constitution. Vessel

3248

length shall be determined in accordance with current United

3249

States Coast Guard regulations specified in the Code of Federal

3250

Regulations or as titled by the State of Florida. The Marine

3251

Fisheries Commission is directed to initiate by July 1, 1998,

3252

rulemaking to adjust by rule the use of gear on vessels longer

3253

than 22 feet where the primary power of the vessel is mounted

3254

forward of the vessel center point in order to prevent the

3255

illegal use of gill and entangling nets in state waters and to

3256

provide reasonable opportunities for the use of legal net gear

3257

in adjacent federal waters.

3258

(4) The Fish and Wildlife Conservation Commission shall

3259

adopt rules to prohibit the possession and sale of mullet taken

3260

in illegal gill or entangling nets. Violations of such rules

3261

shall be punishable as provided in s. 379.407(3) ~~370.021(3)~~.

3262

(5) The commission has authority to adopt rules pursuant

3263

to ss. 120.536(1) and 120.54 to implement the provisions of this

3264

section.

3265

Section 70. Subsection (1) of section 370.143, Florida

3266

Statutes, is renumbered as section 379.2424, Florida Statutes,

3267

and amended to read:

3268

379.2424 Retrieval of spiny lobster, stone crab, blue

3269

crab, and black sea bass traps during closed season; commission

3270

authority.--

3271

~~(1)~~ The Fish and Wildlife Conservation Commission is

3272

authorized to implement a trap retrieval program for retrieval

3273

of spiny lobster, stone crab, blue crab, and black sea bass

3274

traps remaining in the water during the closed season for each

3275

species. The commission is authorized to contract with outside

3276

agents for the program operation.

3277

Section 71. Section 370.172, Florida Statutes, is

3278

renumbered as section 379.2425, Florida Statutes, to read:

3279

379.2425 ~~370.172~~ Spearfishing; definition; limitations;

3280

penalty.--

3281

(1) For the purposes of this section, "spearfishing" means

3282

the taking of any saltwater fish through the instrumentality of

3283

a spear, gig, or lance operated by a person swimming at or below

3284

the surface of the water.

3285

(2)(a) Spearfishing is prohibited within the boundaries of

3286

the John Pennekamp Coral Reef State Park, the waters of Collier

3287

County, and the area in Monroe County known as Upper Keys, which

3288

includes all salt waters under the jurisdiction of the Fish and

3289

Wildlife Conservation Commission beginning at the county line

3290

between Dade and Monroe Counties and running south, including

3291

all of the keys down to and including Long Key.

3292

(b) For the purposes of this subsection, the possession in

3293

the water of a spear, gig, or lance by a person swimming at or

3294

below the surface of the water in a prohibited area is prima

3295

facie evidence of a violation of the provisions of this

3296

subsection regarding spearfishing.

3297

(3) The Fish and Wildlife Conservation Commission shall

3298

have the power to establish restricted areas when it is

3299

determined that safety hazards exist or when needs are

3300

determined by biological findings. Restricted areas shall be

3301

established only after an investigation has been conducted and

3302

upon application by the governing body of the county or

3303

municipality in which the restricted areas are to be located and

3304

one publication in a local newspaper of general circulation in

3305

said county or municipality in addition to any other notice

3306

required by law. Prior to promulgation of regulations, the local

3307

governing body of the area affected shall agree to post and

3308

maintain notices in the area affected.

3309

Section 72. Section 370.12, Florida Statutes, is

3310

renumbered as section 379.2431, Florida Statutes, and amended to

3311

read:

3312

379.2431 ~~370.12~~ Marine animals; regulation.--

3313

(1) PROTECTION OF MARINE TURTLES.--

3314

(a) This subsection may be cited as the "Marine Turtle

3315

Protection Act."

3316

(b) The Legislature intends, pursuant to the provisions of

3317

this subsection, to ensure that the Fish and Wildlife

3318

Conservation Commission has the appropriate authority and

3319

resources to implement its responsibilities under the recovery

3320

plans of the United States Fish and Wildlife Service for the

3321

following species of marine turtle:

3322

1. Atlantic loggerhead turtle (Caretta caretta).

3323

2. Atlantic green turtle (Chelonia mydas).

3324

3. Leatherback turtle (Dermochelys coriacea).

3325

4. Atlantic hawksbill turtle (Eretmochelys imbricata).

3326

5. Atlantic ridley turtle (Lepidochelys kempi).

3327

3328

the following meanings:

3329

1. A "properly accredited person" is:

3330

a. Students of colleges or universities whose studies with

3331

saltwater animals are under the direction of their teacher or

3332

professor; or

3333

b. Scientific or technical faculty of public or private

3334

colleges or universities; or

3335

c. Scientific or technical employees of private research

3336

institutions and consulting firms; or

3337

d. Scientific or technical employees of city, county,

3338

state, or federal research or regulatory agencies; or

3339

e. Members in good standing or recognized and properly

3340

chartered conservation organizations, the Audubon Society, or

3341

the Sierra Club; or

3342

f. Persons affiliated with aquarium facilities or museums,

3343

or contracted as an agent therefor, which are open to the public

3344

with or without an admission fee; or

3345

g. Persons without specific affiliations listed above, but

3346

who are recognized by the commission for their contributions to

3347

marine conservation such as scientific or technical

3348

publications, or through a history of cooperation with the

3349

commission in conservation programs such as turtle nesting

3350

surveys, or through advanced educational programs such as high

3351

school marine science centers.

3352

2. "Take" means an act that actually kills or injures

3353

marine turtles, and includes significant habitat modification or

3354

degradation that kills or injures marine turtles by

3355

significantly impairing essential behavioral patterns, such as

3356

breeding, feeding, or sheltering.

3357

(d) Except as authorized in this paragraph, or unless

3358

otherwise provided by the Federal Endangered Species Act or its

3359

implementing regulations, a person, firm, or corporation may

3360

not:

3361

1. Knowingly possess the eggs of any marine turtle species

3362

described in this subsection.

3363

2. Knowingly take, disturb, mutilate, destroy, cause to be

3364

destroyed, transfer, sell, offer to sell, molest, or harass any

3365

marine turtles or the eggs or nest of any marine turtles

3366

described in this subsection.

3367

3. The commission may issue a special permit or loan

3368

agreement to any person, firm, or corporation, to enable the

3369

holder to possess a marine turtle or parts thereof, including

3370

nests, eggs, or hatchlings, for scientific, education, or

3371

exhibition purposes, or for conservation activities such as the

3372

relocation of nests, eggs, or marine turtles away from

3373

construction sites. Notwithstanding other provisions of law, the

3374

commission may issue such special permit or loan agreement to

3375

any properly accredited person as defined in paragraph (c) for

3376

the purposes of marine turtle conservation.

3377

4. The commission shall have the authority to adopt rules

3378

pursuant to chapter 120 to prescribe terms, conditions, and

3379

restrictions for marine turtle conservation, and to permit the

3380

possession of marine turtles or parts thereof.

3381

(e)1. Any person, firm, or corporation that commits any

3382

act prohibited in paragraph (d) involving any egg of any marine

3383

turtle species described in this subsection shall pay a penalty

3384

of $100 per egg in addition to other penalties provided in this

3385

paragraph.

3386

2. Any person, firm, or corporation that illegally

3387

possesses 11 or fewer of any eggs of any marine turtle species

3388

described in this subsection commits a first degree misdemeanor,

3389

punishable as provided in ss. 775.082 and 775.083.

3390

3. For a second or subsequent violation of subparagraph

3391

2., any person, firm, or corporation that illegally possesses 11

3392

or fewer of any eggs of any marine turtle species described in

3393

this subsection commits a third degree felony, punishable as

3394

provided in s. 775.082, s. 775.083, or s. 775.084.

3395

4. Any person, firm, or corporation that illegally

3396

possesses more than 11 of any eggs of any marine turtle species

3397

described in this subsection commits a third degree felony,

3398

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3399

5. Any person, firm, or corporation that illegally takes,

3400

disturbs, mutilates, destroys, causes to be destroyed,

3401

transfers, sells, offers to sell, molests, or harasses any

3402

marine turtle species, or the eggs or nest of any marine turtle

3403

species as described in this subsection, commits a third degree

3404

felony, punishable as provided in s. 775.082, s. 775.083, or s.

3405

775.084.

3406

6. Notwithstanding s. 777.04, any person, firm, or

3407

corporation that solicits or conspires with another person,

3408

firm, or corporation, to commit an act prohibited by this

3409

subsection commits a felony of the third degree, punishable as

3410

provided in s. 775.082, s. 775.083, or s. 775.084.

3411

7. The proceeds from the penalties assessed pursuant to

3412

this paragraph shall be deposited into the Marine Resources

3413

Conservation Trust Fund.

3414

(f) Any application for a Department of Environmental

3415

Protection permit or other type of approval for an activity that

3416

affects marine turtles or their nests or habitat shall be

3417

subject to conditions and requirements for marine turtle

3418

protection as part of the permitting or approval process.

3419

(g) The Department of Environmental Protection may

3420

condition the nature, timing, and sequence of construction of

3421

permitted activities to provide protection to nesting marine

3422

turtles and hatchlings and their habitat pursuant to the

3423

provisions of s. 161.053(5). When the department is considering

3424

a permit for a beach restoration, beach renourishment, or inlet

3425

sand transfer project and the applicant has had an active marine

3426

turtle nest relocation program or the applicant has agreed to

3427

and has the ability to administer a program, the department must

3428

not restrict the timing of the project. Where appropriate, the

3429

department, in accordance with the applicable rules of the Fish

3430

and Wildlife Conservation Commission, shall require as a

3431

condition of the permit that the applicant relocate and monitor

3432

all turtle nests that would be affected by the beach

3433

restoration, beach renourishment, or sand transfer activities.

3434

Such relocation and monitoring activities shall be conducted in

3435

a manner that ensures successful hatching. This limitation on

3436

the department's authority applies only on the Atlantic coast of

3437

Florida.

3438

(h) The department shall recommend denial of a permit

3439

application if the activity would result in a "take" as defined

3440

in this subsection, unless, as provided for in the federal

3441

Endangered Species Act and its implementing regulations, such

3442

taking is incidental to, and not the purpose of, the carrying

3443

out of an otherwise lawful activity.

3444

(i) The department shall give special consideration to

3445

beach preservation and beach nourishment projects that restore

3446

habitat of endangered marine turtle species. Nest relocation

3447

shall be considered for all such projects in urbanized areas.

3448

When an applicant for a beach restoration, beach renourishment,

3449

or inlet sand transfer project has had an active marine turtle

3450

nest relocation program or the applicant has agreed to have and

3451

has the ability to administer a program, the department in

3452

issuing a permit for a project must not restrict the timing of

3453

the project. Where appropriate, the department, in accordance

3454

with the applicable rules of the Fish and Wildlife Conservation

3455

Commission, shall require as a condition of the permit that the

3456

applicant relocate and monitor all turtle nests that would be

3457

affected by the beach restoration, beach renourishment, or sand

3458

transfer activities. Such relocation and monitoring activities

3459

shall be conducted in a manner that ensures successful hatching.

3460

This limitation on the department's authority applies only on

3461

the Atlantic coast of Florida.

3462

(2) PROTECTION OF MANATEES OR SEA COWS.--

3463

(a) This subsection shall be known and may be cited as the

3464

"Florida Manatee Sanctuary Act."

3465

(b) The State of Florida is hereby declared to be a refuge

3466

and sanctuary for the manatee, the "Florida state marine

3467

mammal." The protections extended to and authorized on behalf of

3468

the manatee by this act are independent of, and therefore are

3469

not contingent upon, its status as a state or federal listed

3470

species.

3471

3472

is satisfied that the interest of science will be subserved, and

3473

that the application for a permit to possess a manatee or sea

3474

cow (Trichechus manatus) is for a scientific or propagational

3475

purpose and should be granted, and after concurrence by the

3476

United States Department of the Interior, the commission may

3477

grant to any person making such application a special permit to

3478

possess a manatee or sea cow, which permit shall specify the

3479

exact number which shall be maintained in captivity.

3480

(d) Except as may be authorized by the terms of a valid

3481

state permit issued pursuant to paragraph (c) or by the terms of

3482

a valid federal permit, it is unlawful for any person at any

3483

time, by any means, or in any manner intentionally or

3484

negligently to annoy, molest, harass, or disturb or attempt to

3485

molest, harass, or disturb any manatee; injure or harm or

3486

attempt to injure or harm any manatee; capture or collect or

3487

attempt to capture or collect any manatee; pursue, hunt, wound,

3488

or kill or attempt to pursue, hunt, wound, or kill any manatee;

3489

or possess, literally or constructively, any manatee or any part

3490

of any manatee.

3491

(e) Any gun, net, trap, spear, harpoon, boat of any kind,

3492

aircraft, automobile of any kind, other motorized vehicle,

3493

chemical, explosive, electrical equipment, scuba or other

3494

subaquatic gear, or other instrument, device, or apparatus of

3495

any kind or description used in violation of any provision of

3496

paragraph (d) may be forfeited upon conviction. The foregoing

3497

provisions relating to seizure and forfeiture of vehicles,

3498

vessels, equipment, or supplies do not apply when such vehicles,

3499

vessels, equipment, or supplies are owned by, or titled in the

3500

name of, innocent parties; and such provisions shall not vitiate

3501

any valid lien, retain title contract, or chattel mortgage on

3502

such vehicles, vessels, equipment, or supplies if such lien,

3503

retain title contract, or chattel mortgage is property of public

3504

record at the time of the seizure.

3505

(f)1. Except for emergency rules adopted under s. 120.54,

3506

all proposed rules of the commission for which a notice of

3507

intended agency action is filed proposing to govern the speed

3508

and operation of motorboats for purposes of manatee protection

3509

shall be submitted to the counties in which the proposed rules

3510

will take effect for review by local rule review committees.

3511

2. No less than 60 days prior to filing a notice of rule

3512

development in the Florida Administrative Weekly, as provided in

3513

s. 120.54(3)(a), the commission shall notify the counties for

3514

which a rule to regulate the speed and operation of motorboats

3515

for the protection of manatees is proposed. A county so notified

3516

shall establish a rule review committee or several counties may

3517

combine rule review committees.

3518

3. The county commission of each county in which a rule to

3519

regulate the speed and operation of motorboats for the

3520

protection of manatees is proposed shall designate a rule review

3521

committee. The designated voting membership of the rule review

3522

committee must be comprised of waterway users, such as fishers,

3523

boaters, water skiers, other waterway users, as compared to the

3524

number of manatee and other environmental advocates. A county

3525

commission may designate an existing advisory group as the rule

3526

review committee. With regard to each committee, fifty percent

3527

of the voting members shall be manatee advocates and other

3528

environmental advocates, and fifty percent of the voting members

3529

shall be waterway users.

3530

4. The county shall invite other state, federal, county,

3531

municipal, or local agency representatives to participate as

3532

nonvoting members of the local rule review committee.

3533

5. The county shall provide logistical and administrative

3534

staff support to the local rule review committee and may request

3535

technical assistance from commission staff.

3536

6. Each local rule review committee shall elect a chair

3537

and recording secretary from among its voting members.

3538

7. Commission staff shall submit the proposed rule and

3539

supporting data used to develop the rule to the local rule

3540

review committees.

3541

8. The local rule review committees shall have 60 days

3542

from the date of receipt of the proposed rule to submit a

3543

written report to commission members and staff. The local rule

3544

review committees may use supporting data supplied by the

3545

commission, as well as public testimony which may be collected

3546

by the committee, to develop the written report. The report may

3547

contain recommended changes to proposed manatee protection zones

3548

or speed zones, including a recommendation that no rule be

3549

adopted, if that is the decision of the committee.

3550

9. Prior to filing a notice of proposed rulemaking in the

3551

Florida Administrative Weekly as provided in s. 120.54(3)(a),

3552

the commission staff shall provide a written response to the

3553

local rule review committee reports to the appropriate counties,

3554

to the commission members, and to the public upon request.

3555

10. In conducting a review of the proposed manatee

3556

protection rule, the local rule review committees may address

3557

such factors as whether the best available scientific

3558

information supports the proposed rule, whether seasonal zones

3559

are warranted, and such other factors as may be necessary to

3560

balance manatee protection and public access to and use of the

3561

waters being regulated under the proposed rule.

3562

11. The written reports submitted by the local rule review

3563

committees shall contain a majority opinion. If the majority

3564

opinion is not unanimous, a minority opinion shall also be

3565

included.

3566

12. The members of the commission shall fully consider any

3567

timely submitted written report submitted by a local rule review

3568

committee prior to authorizing commission staff to move forward

3569

with proposed rulemaking and shall fully consider any timely

3570

submitted subsequent reports of the committee prior to adoption

3571

of a final rule. The written reports of the local rule review

3572

committees and the written responses of the commission staff

3573

shall be part of the rulemaking record and may be submitted as

3574

evidence regarding the committee's recommendations in any

3575

proceeding relating to a rule proposed or adopted pursuant to

3576

this subsection.

3577

13. The commission is relieved of any obligations

3578

regarding the local rule review committee process created in

3579

this paragraph if a timely noticed county commission fails to

3580

timely designate the required rule review committee.

3581

(g) In order to protect manatees or sea cows from harmful

3582

collisions with motorboats or from harassment, the Fish and

3583

Wildlife Conservation Commission is authorized, in addition to

3584

all other authority, to provide a permitting agency with

3585

comments regarding the expansion of existing, or the

3586

construction of new, marine facilities and mooring or docking

3587

slips, by the addition or construction of five or more powerboat

3588

slips. The commission shall adopt rules under chapter 120

3589

regulating the operation and speed of motorboat traffic only

3590

where manatee sightings are frequent and the best available

3591

scientific information, as well as other available, relevant,

3592

and reliable information, which may include but is not limited

3593

to, manatee surveys, observations, available studies of food

3594

sources, and water depths, supports the conclusions that

3595

manatees inhabit these areas on a regular basis:

3596

1. In Lee County: the entire Orange River, including the

3597

Tice Florida Power and Light Corporation discharge canal and

3598

adjoining waters of the Caloosahatchee River within 1 mile of

3599

the confluence of the Orange and Caloosahatchee Rivers.

3600

2. In Brevard County: those portions of the Indian River

3601

within three-fourths of a mile of the Orlando Utilities

3602

Commission Delespine power plant effluent and the Florida Power

3603

and Light Frontenac power plant effluents.

3604

3. In Indian River County: the discharge canals of the

3605

Vero Beach Municipal Power Plant and connecting waters within

3606

11/4 miles thereof.

3607

4. In St. Lucie County: the discharge of the Henry D. King

3608

Municipal Electric Station and connecting waters within 1 mile

3609

thereof.

3610

5. In Palm Beach County: the discharges of the Florida

3611

Power and Light Riviera Beach power plant and connecting waters

3612

within 11/2 miles thereof.

3613

6. In Broward County: the discharge canal of the Florida

3614

Power and Light Port Everglades power plant and connecting

3615

waters within 11/2 miles thereof and the discharge canal of the

3616

Florida Power and Light Fort Lauderdale power plant and

3617

connecting waters within 2 miles thereof. For purposes of

3618

ensuring the physical safety of boaters in a sometimes turbulent

3619

area, the area from the easternmost edge of the authorized

3620

navigation project of the intracoastal waterway east through the

3621

Port Everglades Inlet is excluded from this regulatory zone.

3622

7. In Citrus County: headwaters of the Crystal River,

3623

commonly referred to as King's Bay, and the Homosassa River.

3624

8. In Volusia County: Blue Springs Run and connecting

3625

waters of the St. Johns River within 1 mile of the confluence of

3626

Blue Springs and the St. Johns River; and Thompson Creek,

3627

Strickland Creek, Dodson Creek, and the Tomoka River.

3628

9. In Hillsborough County: that portion of the Alafia

3629

River from the main shipping channel in Tampa Bay to U.S.

3630

Highway 41.

3631

10. In Sarasota County: the Venice Inlet and connecting

3632

waters within 1 mile thereof, including Lyons Bay, Donna Bay,

3633

Roberts Bay, and Hatchett Creek, excluding the waters of the

3634

intracoastal waterway and the right-of-way bordering the

3635

centerline of the intracoastal waterway.

3636

11. In Collier County: within the Port of Islands, within

3637

section 9, township 52 south, range 28 east, and certain

3638

unsurveyed lands, all east-west canals and the north-south

3639

canals to the southerly extent of the intersecting east-west

3640

canals which lie southerly of the centerline of U.S. Highway 41.

3641

12. In Manatee County: that portion of the Manatee River

3642

east of the west line of section 17, range 19 east, township 34

3643

south; the Braden River south of the north line and east of the

3644

west line of section 29, range 18 east, township 34 south; Terra

3645

Ceia Bay and River, east of the west line of sections 26 and 35

3646

of range 17 east, township 33 south, and east of the west line

3647

of section 2, range 17 east, township 34 south; and Bishop

3648

Harbor east of the west line of section 13, range 17 east,

3649

township 33 south.

3650

13. In Miami-Dade County: those portions of Black Creek

3651

lying south and east of the water control dam, including all

3652

boat basins and connecting canals within 1 mile of the dam.

3653

(h) The Fish and Wildlife Conservation Commission shall

3654

adopt rules pursuant to chapter 120 regulating the operation and

3655

speed of motorboat traffic only where manatee sightings are

3656

frequent and the best available scientific information, as well

3657

as other available, relevant, and reliable information, which

3658

may include but is not limited to, manatee surveys,

3659

observations, available studies of food sources, and water

3660

depths, supports the conclusion that manatees inhabit these

3661

areas on a regular basis within that portion of the Indian River

3662

between the St. Lucie Inlet in Martin County and the Jupiter

3663

Inlet in Palm Beach County and within the Loxahatchee River in

3664

Palm Beach and Martin Counties, including the north and

3665

southwest forks thereof.

3666

(i) The commission shall adopt rules pursuant to chapter

3667

120 regulating the operation and speed of motorboat traffic only

3668

where manatee sightings are frequent and the best available

3669

scientific information, as well as other available, relevant,

3670

and reliable information, which may include but is not limited

3671

to, manatee surveys, observations, available studies of food

3672

sources, and water depths, supports the conclusion that manatees

3673

inhabit these areas on a regular basis within the Withlacoochee

3674

River and its tributaries in Citrus and Levy Counties. The

3675

specific areas to be regulated include the Withlacoochee River

3676

and the U.S. 19 bridge westward to a line between U.S. Coast

3677

Guard markers number 33 and number 34 at the mouth of the river,

3678

including all side channels and coves along that portion of the

3679

river; Bennets' Creek from its beginning to its confluence with

3680

the Withlacoochee River; Bird's Creek from its beginning to its

3681

confluence with the Withlacoochee River; and the two dredged

3682

canal systems on the north side of the Withlacoochee River

3683

southwest of Yankeetown.

3684

(j) If any new power plant is constructed or other source

3685

of warm water discharge is discovered within the state which

3686

attracts a concentration of manatees or sea cows, the commission

3687

is directed to adopt rules pursuant to chapter 120 regulating

3688

the operation and speed of motorboat traffic within the area of

3689

such discharge. Such rules shall designate a zone which is

3690

sufficient in size, and which shall remain in effect for a

3691

sufficient period of time, to protect the manatees or sea cows.

3692

(k) It is the intent of the Legislature to allow the Fish

3693

and Wildlife Conservation Commission to post and regulate boat

3694

speeds only where the best available scientific information, as

3695

well as other available, relevant, and reliable information,

3696

which may include but is not limited to, manatee surveys,

3697

observations, available studies of food sources, and water

3698

depth, supports the conclusion that manatees inhabit these areas

3699

on a periodic basis. It is not the intent of the Legislature to

3700

permit the commission to post and regulate boat speeds generally

3701

throughout the waters of the state, thereby unduly interfering

3702

with the rights of fishers, boaters, and water skiers using the

3703

areas for recreational and commercial purposes. The Legislature

3704

further intends that the commission may identify and designate

3705

limited lanes or corridors providing for reasonable motorboat

3706

speeds within waters of the state whenever such lanes and

3707

corridors are consistent with manatee protection.

3708

(l) The commission shall adopt rules pursuant to chapter

3709

120 regulating the operation and speed of motorboat traffic all

3710

year around within Turkey Creek and its tributaries and within

3711

Manatee Cove in Brevard County. The specific areas to be

3712

regulated consist of:

3713

1. A body of water which starts at Melbourne-Tillman

3714

Drainage District structure MS-1, section 35, township 28 south,

3715

range 37 east, running east to include all natural waters and

3716

tributaries of Turkey Creek, section 26, township 28 south,

3717

range 37 east, to the confluence of Turkey Creek and the Indian

3718

River, section 24, township 28 south, range 37 east, including

3719

all lagoon waters of the Indian River bordered on the west by

3720

Palm Bay Point, the north by Castaway Point, the east by the

3721

four immediate spoil islands, and the south by Cape Malabar,

3722

thence northward along the shoreline of the Indian River to Palm

3723

Bay Point.

3724

2. A triangle-shaped body of water forming a cove

3725

(commonly referred to as Manatee Cove) on the east side of the

3726

Banana River, with northern boundaries beginning and running

3727

parallel to the east-west cement bulkhead located 870 feet south

3728

of SR 520 Relief Bridge in Cocoa Beach and with western

3729

boundaries running in line with the City of Cocoa Beach channel

3730

markers 121 and 127 and all waters east of these boundaries in

3731

section 34, township 24 south, range 37 east; the center

3732

coordinates of this cove are 28°20'14" north, 80°35'17" west.

3733

(m) The commission shall promulgate regulations pursuant

3734

to chapter 120 relating to the operation and speed of motor boat

3735

traffic in port waters with due regard to the safety

3736

requirements of such traffic and the navigational hazards

3737

related to the movement of commercial vessels.

3738

(n) The commission may designate by rule adopted pursuant

3739

to chapter 120 other portions of state waters where manatees are

3740

frequently sighted and the best available scientific

3741

information, as well as other available, relevant, and reliable

3742

information, which may include but is not limited to, manatee

3743

surveys, observations, available studies of food sources, and

3744

water depths, supports the conclusion that manatees inhabit such

3745

waters periodically. Upon designation of such waters, the

3746

commission shall adopt rules pursuant to chapter 120 to regulate

3747

motorboat speed and operation which are necessary to protect

3748

manatees from harmful collisions with motorboats and from

3749

harassment. The commission may adopt rules pursuant to chapter

3750

120 to protect manatee habitat, such as seagrass beds, within

3751

such waters from destruction by boats or other human activity.

3752

Such rules shall not protect noxious aquatic plants subject to

3753

control under s. 369.20.

3754

(o) The commission may designate, by rule adopted pursuant

3755

to chapter 120, limited areas as a safe haven for manatees to

3756

rest, feed, reproduce, give birth, or nurse undisturbed by human

3757

activity. Access by motor boat to private residences, boat

3758

houses, and boat docks through these areas by residents, and

3759

their authorized guests, who must cross one of these areas to

3760

have water access to their property is permitted when the

3761

motorboat is operated at idle speed, no wake.

3762

(p) Except in the marked navigation channel of the Florida

3763

Intracoastal Waterway as defined in s. 327.02 and the area

3764

within 100 feet of such channel, a local government may

3765

regulate, by ordinance, motorboat speed and operation on waters

3766

within its jurisdiction where the best available scientific

3767

information, as well as other available, relevant, and reliable

3768

information, which may include but is not limited to, manatee

3769

surveys, observations, available studies of food sources, and

3770

water depths, supports the conclusion that manatees inhabit

3771

these areas on a regular basis. However, such an ordinance may

3772

not take effect until it has been reviewed and approved by the

3773

commission. If the commission and a local government disagree on

3774

the provisions of an ordinance, a local manatee protection

3775

committee must be formed to review the technical data of the

3776

commission and the United States Fish and Wildlife Service, and

3777

to resolve conflicts regarding the ordinance. The manatee

3778

protection committee must be comprised of:

3779

1. A representative of the commission;

3780

2. A representative of the county;

3781

3. A representative of the United States Fish and Wildlife

3782

Service;

3783

4. A representative of a local marine-related business;

3784

5. A representative of the Save the Manatee Club;

3785

6. A local fisher;

3786

7. An affected property owner; and

3787

8. A representative of the Florida Marine Patrol.

3788

3789

If local and state regulations are established for the same

3790

area, the more restrictive regulation shall prevail.

3791

(q) The commission shall evaluate the need for use of

3792

fenders to prevent crushing of manatees between vessels (100' or

3793

larger) and bulkheads or wharves in counties where manatees have

3794

been crushed by such vessels. For areas in counties where

3795

evidence indicates that manatees have been crushed between

3796

vessels and bulkheads or wharves, the commission shall:

3797

1. Adopt rules pursuant to chapter 120 requiring use of

3798

fenders for construction of future bulkheads or wharves; and

3799

2. Implement a plan and time schedule to require

3800

retrofitting of existing bulkheads or wharves consistent with

3801

port bulkhead or wharf repair or replacement schedules.

3802

3803

The fenders shall provide sufficient standoff from the bulkhead

3804

or wharf under maximum operational compression to ensure that

3805

manatees cannot be crushed between the vessel and the bulkhead

3806

or wharf.

3807

(r) Any violation of a restricted area established by this

3808

subsection, or established by rule pursuant to chapter 120 or

3809

ordinance pursuant to this subsection, shall be considered a

3810

violation of the boating laws of this state and shall be charged

3811

on a uniform boating citation as provided in s. 327.74, except

3812

as otherwise provided in paragraph (s). Any person who refuses

3813

to post a bond or accept and sign a uniform boating citation

3814

shall, as provided in s. 327.73(3), be guilty of a misdemeanor

3815

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

3816

775.083.

3817

(s) Except as otherwise provided in this paragraph, any

3818

person violating the provisions of this subsection or any rule

3819

or ordinance adopted pursuant to this subsection commits a

3820

misdemeanor, punishable as provided in s. 379.407(1)(a) or (b)

3821

~~370.021(1)(a) or (b)~~.

3822

1. Any person operating a vessel in excess of a posted

3823

speed limit shall be guilty of a civil infraction, punishable as

3824

provided in s. 327.73, except as provided in subparagraph 2.

3825

2. This paragraph does not apply to persons violating

3826

restrictions governing "No Entry" zones or "Motorboat

3827

Prohibited" zones, who, if convicted, shall be guilty of a

3828

misdemeanor, punishable as provided in s. 379.407(1)(a) or (b)

3829

~~370.021(1)(a) or (b)~~, or, if such violation demonstrates blatant

3830

or willful action, may be found guilty of harassment as

3831

described in paragraph (d).

3832

3. A person may engage in any activity otherwise

3833

prohibited by this subsection or any rule or ordinance adopted

3834

pursuant to this subsection if the activity is reasonably

3835

necessary in order to prevent the loss of human life or a vessel

3836

in distress due to weather conditions or other reasonably

3837

unforeseen circumstances, or in order to render emergency

3838

assistance to persons or a vessel in distress.

3839

(t)1. In order to protect manatees and manatee habitat,

3840

the counties identified in the Governor and Cabinet's October

3841

1989 Policy Directive shall develop manatee protection plans

3842

consistent with commission criteria based upon "Schedule K" of

3843

the directive, and shall submit such protection plans for review

3844

and approval by the commission. Any manatee protection plans not

3845

submitted by July 1, 2004, and any plans not subsequently

3846

approved by the commission shall be addressed pursuant to

3847

subparagraph 2.

3848

2. No later than January 1, 2005, the Fish and Wildlife

3849

Conservation Commission shall designate any county it has

3850

identified as a substantial risk county for manatee mortality as

3851

a county that must complete a manatee protection plan by July 1,

3852

2006. The commission is authorized to adopt rules pursuant to s.

3853

120.54 for identifying substantial risk counties and

3854

establishing criteria for approval of manatee protection plans

3855

for counties so identified. Manatee protection plans shall

3856

include the following elements at a minimum: education about

3857

manatees and manatee habitat; boater education; an assessment of

3858

the need for new or revised manatee protection speed zones;

3859

local law enforcement; and a boat facility siting plan to

3860

address expansion of existing and the development of new

3861

marinas, boat ramps, and other multislip boating facilities.

3862

3. Counties required to adopt manatee protection plans

3863

under this paragraph shall incorporate the boating facility

3864

siting element of those protection plans within their respective

3865

comprehensive plans.

3866

4. Counties that have already adopted approved manatee

3867

protection plans, or that adopt subsequently approved manatee

3868

protection plans by the effective date of this act, are in

3869

compliance with the provisions of this paragraph so long as they

3870

incorporate their approved boat facility siting plan into the

3871

appropriate element of their local comprehensive plan no later

3872

than July 1, 2003.

3873

(u)1. Existing state manatee protection rules shall be

3874

given great weight in determining whether additional rules are

3875

necessary in a region where the measurable goals developed

3876

pursuant to s. 379.2291 ~~372.072~~ have been achieved. However, the

3877

commission may amend existing rules or adopt new rules to

3878

address risks or circumstances in a particular area or waterbody

3879

to protect manatees.

3880

2. As used in this paragraph, the term "region" means one

3881

of the four geographic areas defined by the United States Fish

3882

and Wildlife Service in the Florida Manatee Recovery Plan, 3rd

3883

revision (October 30, 2001).

3884

(3) PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It is

3885

unlawful to catch, attempt to catch, molest, injure, kill, or

3886

annoy, or otherwise interfere with the normal activity and well-

3887

being of, mammalian dolphins (porpoises), except as may be

3888

authorized by a federal permit.

3889

(4) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

3890

(a) Each fiscal year the Save the Manatee Trust Fund shall

3891

be available to fund an impartial scientific benchmark census of

3892

the manatee population in the state. Weather permitting, the

3893

study shall be conducted annually by the Fish and Wildlife

3894

Conservation Commission and the results shall be made available

3895

to the President of the Senate, the Speaker of the House of

3896

Representatives, and the Governor and Cabinet for use in the

3897

evaluation and development of manatee protection measures. In

3898

addition, the Save the Manatee Trust Fund shall be available for

3899

annual funding of activities of public and private organizations

3900

and those of the commission intended to provide manatee and

3901

marine mammal protection and recovery effort; manufacture and

3902

erection of informational and regulatory signs; production,

3903

publication, and distribution of educational materials;

3904

participation in manatee and marine mammal research programs,

3905

including carcass salvage and other programs; programs intended

3906

to assist the recovery of the manatee as an endangered species,

3907

assist the recovery of the endangered or threatened marine

3908

mammals, and prevent the endangerment of other species of marine

3909

mammals; and other similar programs intended to protect and

3910

enhance the recovery of the manatee and other species of marine

3911

mammals.

3912

(b) By December 1 each year, the Fish and Wildlife

3913

Conservation Commission shall provide the President of the

3914

Senate and the Speaker of the House of Representatives a written

3915

report, enumerating the amounts and purposes for which all

3916

proceeds in the Save the Manatee Trust Fund for the previous

3917

fiscal year are expended, in a manner consistent with those

3918

recovery tasks enumerated within the manatee recovery plan as

3919

required by the Endangered Species Act.

3920

3921

manatee from status as an endangered or threatened species, the

3922

annual allocation may be reduced.

3923

(d) Up to 10 percent of the annual use fee deposited in

3924

the Save the Manatee Trust Fund from the sale of the manatee

3925

license plate authorized in s. 320.08058 may be used to promote

3926

and market the license plate issued by the Department of Highway

3927

Safety and Motor Vehicles after June 30, 2007.

3928

~~(e) During the 2007-2008 fiscal year, the annual use fee~~

3929

~~deposited into the Save the Manatee Trust Fund from the sale of~~

3930

~~the manatee license plate authorized in s. 320.08058 may be used~~

3931

~~by the commission to buy back any manatee license plates not~~

3932

~~issued by the Department of Highway Safety and Motor Vehicles.~~

3933

~~This paragraph expires July 1, 2008.~~

3934

Section 73. Section 370.1201, Florida Statutes, is

3935

renumbered as section, 379.2432, Florida Statutes, to read:

3936

379.2432 ~~370.1201~~ Manatee protection; intent; conduct of

3937

studies; initiatives and plans.--It is the intent of the

3938

Legislature that the commission request the necessary funding

3939

and staffing through a general revenue budget request to ensure

3940

that manatees receive the maximum protection possible. The

3941

Legislature recognizes that strong manatee protection depends

3942

upon consistently achieving a high degree of compliance with

3943

existing and future rules. The commission shall conduct

3944

standardized studies to determine levels of public compliance

3945

with manatee protection rules, and shall use the results of the

3946

studies, together with other relevant information, to develop

3947

and implement strategic law enforcement initiatives and boater

3948

education plans. Drawing upon information obtained from the

3949

compliance studies and the implementation of enforcement

3950

initiatives together with boater education plans, the commission

3951

shall identify any impediments in consistently achieving high

3952

levels of compliance, and adjust their enforcement and boater

3953

education efforts accordingly.

3954

Section 74. Section 370.1202, Florida Statutes, is

3955

renumbered as section 379.2433, Florida Statutes, to read:

3956

379.2433 ~~370.1202~~ Enhanced manatee protection study.--

3957

(1) The Fish and Wildlife Conservation Commission shall

3958

implement and administer an enhanced manatee protection study

3959

designed to increase knowledge of the factors that determine the

3960

size and distribution of the manatee population in the waters of

3961

the state. The enhanced study shall be used by the commission in

3962

its mission to provide manatees with the maximum protection

3963

possible, while also allowing maximum recreational use of the

3964

state's waterways. The goal of the enhanced study is to collect

3965

data that will enable resource managers and state and local

3966

policymakers, in consultation with the public, to develop and

3967

implement sound science-based policies to improve manatee

3968

habitat, establish manatee protection zones, and maximize the

3969

size of safe boating areas for recreational use of state waters

3970

without endangering the manatee population.

3971

(2)(a) As part of the enhanced manatee protection study,

3972

the Legislature intends that the commission shall contract with

3973

Mote Marine Laboratory to conduct a manatee habitat and

3974

submerged aquatic vegetation assessment that specifically

3975

considers:

3976

1. Manatee populations that congregate in the warm water

3977

discharge sites at power plants in the state and the potential

3978

risks for disease resulting from increased congregation of

3979

manatees at these sites;

3980

2. Development of research, monitoring, and submerged

3981

aquatic vegetation restoration priorities for manatee habitat in

3982

and near the warm water discharge sites at power plants in the

3983

state; and

3984

3. The potential impacts on manatees and manatee habitat

3985

if power plants that provide warm water discharge sites where

3986

manatees congregate are closed, including how closure will

3987

affect the size and health of submerged aquatic vegetation

3988

areas.

3989

(b) The Mote Marine Laboratory must submit an interim

3990

report on the manatee habitat and submerged aquatic vegetation

3991

assessment to the Governor, the Legislature, and the commission

3992

by September 1, 2006. The interim report must detail the

3993

progress of the assessment. The final report, due to the

3994

Governor, the Legislature, and the commission by January 1,

3995

2007, must detail the results of the assessment and include

3996

recommendations for protection of manatee habitat in warm water

3997

discharge sites at power plants in the state.

3998

3999

implement the manatee habitat and submerged aquatic vegetation

4000

assessment are expended in a manner that is consistent with the

4001

requirements of this subsection. The commission may require an

4002

annual audit of the expenditures made by Mote Marine Laboratory.

4003

Copies of any audit requested under this subsection must be

4004

provided to the appropriate substantive and appropriations

4005

committees of the Senate and the House of Representatives as

4006

they become available.

4007

(3) As part of the enhanced manatee protection study, the

4008

Legislature intends that the commission must conduct a signage

4009

and boat speed assessment to evaluate the effectiveness of

4010

manatee protection signs and sign placement and to assess boat

4011

speeds. The commission shall evaluate existing data on manatee

4012

mortality before and after existing manatee protection zones

4013

were established, boater compliance and comprehension of

4014

regulatory signs and buoys, changes in boating traffic patterns,

4015

and manatee distribution and behavior. The commission shall also

4016

provide recommendations on innovative marker designs that are in

4017

compliance with the federal aids to navigation system. The

4018

signage and boat speed assessment must address:

4019

(a) The effectiveness of signs and buoys to warn boaters

4020

of manatee slow-speed zones, with a goal of developing federally

4021

approved standards for marking manatee protection zones;

4022

(b) A determination of where buoys may be used in place of

4023

pilings for boating safety purposes; and

4024

4025

manatee zones to determine the most effective speed to balance

4026

safe boating, recreational use, vessel operating

4027

characteristics, and manatee protection.

4028

4029

The commission shall complete its signage and boat speed

4030

assessment by January 1, 2007, and must submit a report of its

4031

findings to the Governor, the President of the Senate, and the

4032

Speaker of the House of Representatives by February 1, 2007. The

4033

report must detail the results of the assessment and identify

4034

specific recommendations for developing state and local policies

4035

relating to the appropriate placement of signs, including

4036

innovative markers, in manatee slow-speed zones.

4037

(4) The commission is authorized to develop and implement

4038

the use of genetic tagging to improve its ability to assess the

4039

status and health of the manatee population, including the

4040

health and reproductive capacity of manatees, estimating annual

4041

survival rates through mark recapture studies, determining

4042

migration patterns, and determining maternity and paternity. The

4043

development and use of genetic tagging may be done in

4044

cooperation with federal agencies or other entities, such as

4045

genetic laboratories at schools within the State University

4046

System.

4047

Section 75. Section 370.10, Florida Statutes, is

4048

renumbered as section 379.244, Florida Statutes, to read:

4049

379.244 ~~370.10~~ Crustacea, marine animals, fish;

4050

regulations; general provisions.--

4051

(1) OWNERSHIP OF FISH, SPONGES, ETC.--All fish, shellfish,

4052

sponges, oysters, clams, and crustacea found within the rivers,

4053

creeks, canals, lakes, bayous, lagoons, bays, sounds, inlets,

4054

and other bodies of water within the jurisdiction of the state,

4055

and within the Gulf of Mexico and the Atlantic Ocean within the

4056

jurisdiction of the state, excluding all privately owned

4057

enclosed fish ponds not exceeding 150 acres, are the property of

4058

the state and may be taken and used by its citizens and persons

4059

not citizens, subject to the reservations and restrictions

4060

imposed by these statutes. No water bottoms owned by the state

4061

shall ever be sold, transferred, dedicated, or otherwise

4062

conveyed without reserving in the people the absolute right to

4063

fish thereon, except as otherwise provided in these statutes.

4064

(2) TAKING SALTWATER SPECIES FOR EXPERIMENTAL,

4065

AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION

4066

PURPOSES.--Notwithstanding any other provisions of general or

4067

special law to the contrary, the Fish and Wildlife Conservation

4068

Commission may authorize, upon such terms, conditions, and

4069

restrictions as it may prescribe by rule, any properly

4070

accredited person to harvest or possess indigenous or

4071

nonindigenous saltwater species for experimental, scientific,

4072

education, and exhibition purposes or to harvest or possess

4073

reasonable quantities of aquacultural species for brood stock.

4074

Such authorizations may allow collection of specimens without

4075

regard to, and not limited to, size, seasonal closure,

4076

collection method, reproductive state, or bag limit.

4077

Authorizations issued under the provisions of this section may

4078

be suspended or revoked by the Fish and Wildlife Conservation

4079

Commission if it finds that the person has violated this

4080

section, Fish and Wildlife Conservation Commission rules or

4081

orders, or terms or conditions of the authorization or has

4082

submitted false or inaccurate information in his or her

4083

application.

4084

Section 76. Section 370.1405, Florida Statutes, is

4085

renumbered as section 379.245, Florida Statutes, and amended to

4086

read:

4087

379.245 ~~370.1405~~ Spiny lobster reports by dealers during

4088

closed season required.--

4089

(1) Within 3 days after the commencement of the closed

4090

season for the taking of spiny lobster, each and every seafood

4091

dealer, either retail or wholesale, intending to possess whole

4092

spiny lobster, spiny lobster tails, or spiny lobster meat during

4093

closed season shall submit to the Fish and Wildlife Conservation

4094

Commission, on forms provided by the commission, a sworn report

4095

of the quantity, in pounds, of whole spiny lobster, spiny

4096

lobster tails, and spiny lobster meat in the dealer's name or

4097

possession as of the date the season closed. This report shall

4098

state the location and number of pounds of whole spiny lobster,

4099

spiny lobster tails, and spiny lobster meat. The commission

4100

shall not accept any reports not delivered or postmarked by

4101

midnight of the 3rd calendar day after the commencement of the

4102

closed season, and any stocks of spiny lobster reported therein

4103

are declared a nuisance and may be seized by the commission.

4104

(2) Failure to submit a report as described in subsection

4105

(1) or reporting a greater or lesser amount of whole spiny

4106

lobster, spiny lobster tails, or spiny lobster meat than is

4107

actually in the dealer's possession or name is a major violation

4108

of this chapter, punishable as provided in s. 379.407(1),

4109

379.414 ~~370.021(1), s. 370.07(6)(b)~~, or both. The commission

4110

shall seize the entire supply of unreported or falsely reported

4111

whole spiny lobster, spiny lobster tails, or spiny lobster meat,

4112

and shall carry the same before the court for disposal. The

4113

dealer shall post a cash bond in the amount of the fair value of

4114

the entire quantity of unreported or falsely reported spiny

4115

lobster as determined by the judge. After posting the cash bond,

4116

the dealer shall have 24 hours to transport said products

4117

outside the limits of Florida for sale as provided by s. 379.337

4118

~~370.061~~. Otherwise, the product shall be declared a nuisance and

4119

disposed of by the commission according to law.

4120

(3) All dealers having reported stocks of spiny lobster

4121

may sell or offer to sell such stocks of spiny lobster; however,

4122

such dealers shall submit an additional report on the last day

4123

of each month during the duration of the closed season. Reports

4124

shall be made on forms supplied by the commission. Each dealer

4125

shall state on this report the number of pounds brought forward

4126

from the previous report period, the number of pounds sold

4127

during the report period, the number of pounds, if any, acquired

4128

from a licensed wholesale dealer during the report period, and

4129

the number of pounds remaining on hand. In every case, the

4130

amount of spiny lobster sold plus the amount reported on hand

4131

shall equal the amount acquired plus the amount reported

4132

remaining on hand in the last submitted report. Copies of

4133

records or invoices documenting the number of pounds acquired

4134

during the closed season must be maintained by the wholesale or

4135

retail dealer and shall be kept available for inspection by the

4136

commission for a period not less than 3 years from the date of

4137

the recorded transaction. Reports postmarked later than midnight

4138

on the 3rd calendar day of each month during the duration of the

4139

closed season will not be accepted by the commission. Dealers

4140

for which late supplementary reports are not accepted by the

4141

commission must show just cause why their entire stock of whole

4142

spiny lobster, spiny lobster tails, or spiny lobster meat should

4143

not be seized by the commission. Whenever a dealer fails to

4144

timely submit the monthly supplementary report as described in

4145

this subsection, the dealer may be subject to the following

4146

civil penalties:

4147

(a) For a first violation, the commission shall assess a

4148

civil penalty of $500.

4149

(b) For a second violation within the same spiny lobster

4150

closed season, the commission shall assess a civil penalty of

4151

$1,000.

4152

4153

closed season, the commission shall assess a civil penalty of

4154

$2,500 and may seize said dealer's entire stock of whole spiny

4155

lobster, spiny lobster tails, or spiny lobster meat and carry

4156

the same before the court for disposal. The dealer shall post a

4157

cash bond in the amount of the fair value of the entire

4158

remaining quantity of spiny lobster as determined by the judge.

4159

After posting the cash bond, a dealer shall have 24 hours to

4160

transport said products outside the limits of Florida for sale

4161

as provided by s. 379.337 ~~370.061~~. Otherwise, the product shall

4162

be declared a nuisance and disposed of by the commission

4163

according to law.

4164

(4) All seafood dealers shall at all times during the

4165

closed season make their stocks of whole spiny lobster, spiny

4166

lobster tails, or spiny lobster meat available for inspection by

4167

the commission.

4168

(5) Each wholesale and retail dealer in whole spiny

4169

lobster, spiny lobster tails, or spiny lobster meat shall keep

4170

throughout the period of the spiny lobster closed season copies

4171

of the bill of sale or invoice covering each transaction

4172

involving whole spiny lobster, spiny lobster tails, or spiny

4173

lobster meat. Such invoices and bills shall be kept available at

4174

all times for inspection by the commission.

4175

(6) The Fish and Wildlife Conservation Commission may

4176

adopt rules incorporating by reference such forms as are

4177

necessary to administer this section.

4178

Section 77. Section 370.151, Florida Statutes, is

4179

renumbered as section 379.246, Florida Statutes, and amended to

4180

read:

4181

379.246 ~~370.151~~ Tortugas shrimp beds; gifted and loan

4182

property ~~penalties~~.--

4183

~~(1) It is the intention of the Legislature that action~~

4184

~~should be taken to conserve the supply of shrimp in the large~~

4185

~~shrimp beds which lie in and around the coast of the Lower Keys~~

4186

~~of Florida and in the vicinity of the islands of Dry Tortugas in~~

4187

~~the Florida Keys, hereinafter referred to as the "Tortugas~~

4188

~~Shrimp Bed," and which furnish more than 50 percent of the~~

4189

~~shrimp in waters adjacent to the coast of Florida. It is further~~

4190

~~the sense of this Legislature that the shrimp industry is a~~

4191

~~valuable industry to the economy of this state and deserves~~

4192

~~adequate protection.~~

4193

(1)~~(2)(a)~~ The Fish and Wildlife Conservation Commission is

4194

authorized to take title in the name of the state to any vessel

4195

or vessels suitable for use in carrying out the inspection and

4196

patrol of the Tortugas Bed which may be offered as a gift to the

4197

state by any person, firm, corporation, or association in the

4198

shrimp industry for the purpose of carrying out the provisions

4199

of this section. In the event such title is taken to such vessel

4200

or vessels, the commission is authorized to operate and keep

4201

said vessel or vessels in proper repair.

4202

(2)~~(b)~~ The commission is further authorized to accept the

4203

temporary loan of any vessel or vessels, suitable for use in

4204

carrying out the provisions of this section, for periods not

4205

exceeding 1 year. However, the state shall not assume any

4206

liability to the owner or owners of said vessels for any damage

4207

done by said vessels to other vessels, persons, or property. In

4208

the operation of said loaned vessels, upkeep and repair shall

4209

consist only of minor repairs and routine maintenance. The owner

4210

or owners shall carry full marine insurance coverage on said

4211

loaned vessel or vessels for the duration of the period during

4212

which said vessels are operated by the state.

4213

~~(3) The owner or master of any vessel not equipped with~~

4214

~~live shrimp bait tanks dragging shrimp nets in the above-defined~~

4215

~~area without a live bait shrimping license for this area is~~

4216

~~guilty of a violation of this section. A third or any subsequent~~

4217

~~violation by any person under this subsection within a 3-year~~

4218

~~period shall be a felony of the third degree, punishable as~~

4219

~~provided in ss. 775.082 and 775.083.~~

4220

Section 78. Section 370.153, Florida Statutes, is

4221

renumbered as section 379.247, Florida Statutes, and amended to

4222

read:

4223

379.247 ~~370.153~~ Regulation of shrimp fishing; Clay, Duval,

4224

Nassau, Putnam, Flagler, and St. Johns Counties.--

4225

(1) DEFINITIONS.--When used in this section, unless the

4226

context clearly requires otherwise:

4227

(a) "Inland waters" means all creeks, rivers, bayous,

4228

bays, inlets, and canals.

4229

(b) "Sample" means one or more shrimp taken from an

4230

accurately defined part of the area defined.

4231

4232

period of not more than 1 week, each sample being taken at a

4233

different station within the pattern.

4234

(d) "Pattern" means 10 or more stations.

4235

(e) "Station" means a single location on the water of the

4236

areas defined.

4237

(f) "Licensed live bait shrimp producer" means any

4238

individual licensed by the Fish and Wildlife Conservation

4239

Commission to employ the use of any trawl for the taking of live

4240

bait shrimp within the inland waters of Nassau, Duval, St.

4241

Johns, Putnam, Flagler, or Clay Counties.

4242

(g) "Licensed dead shrimp producer" means any individual

4243

licensed by the Fish and Wildlife Conservation Commission to

4244

employ the use of any trawl for the taking of shrimp within the

4245

inland waters of Nassau, Duval, St. Johns, Putnam, Flagler, or

4246

Clay Counties.

4247

(2) SHRIMPING PROHIBITED.--It is unlawful to employ the

4248

use of any trawl or other net, except a common cast net,

4249

designed for or capable of taking shrimp, within the inland

4250

waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay

4251

Counties, except as hereinafter provided.

4252

(3) LIVE BAIT SHRIMP PRODUCTION.--

4253

(a) A live bait shrimp production license shall be issued

4254

by the Fish and Wildlife Conservation Commission upon the

4255

receipt of an application by a person intending to use a boat,

4256

not to exceed 35 feet in length in Duval, St. Johns, Putnam,

4257

Flagler, and Clay Counties and not to exceed 45 feet in length

4258

in Nassau County, for live shrimp production within the inland

4259

waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay

4260

Counties and the payment of a fee of $250. The annual fee of

4261

$250 shall be collected by the commission for the issuance of

4262

the license during a 60-day period beginning June 1 of each

4263

year. The design of the application and permit shall be

4264

determined by the commission. The proceeds of the fee imposed by

4265

this paragraph shall be used by the Fish and Wildlife

4266

Conservation Commission for the purposes of enforcement of

4267

marine resource laws.

4268

(b) The Executive Director of the Fish and Wildlife

4269

Conservation Commission, or his or her designated

4270

representative, may by order close certain areas to live bait

4271

shrimp production when sampling procedures justify the closing

4272

based upon sound conservation practices. The revocation of any

4273

order to close has the effect of opening the area.

4274

4275

his or her catch for sale or sells his or her catch shall

4276

either:

4277

a. Maintain onshore facilities which have been annually

4278

checked and approved by the local commission office to assure

4279

the facilities' ability to maintain the catch alive when the

4280

live bait shrimp producer produces for his or her own facility;

4281

4282

b. Sell his or her catch only to persons who have onshore

4283

facilities that have been annually checked and approved by the

4284

local commission office to assure the facilities' ability to

4285

maintain the catch alive, when the producer sells his or her

4286

catch to an onshore facility. The producer shall provide the

4287

commission with the wholesale number of the facility to which

4288

the shrimp have been sold and shall submit this number on a form

4289

designed and approved by the commission.

4290

2. All persons who maintain onshore facilities as

4291

described in this paragraph, whether the facilities are

4292

maintained by the licensed live bait shrimp producer or by

4293

another party who purchases shrimp from live bait shrimp

4294

producers, shall keep records of their transactions in

4295

conformance with the provisions of s. 379.362(6) ~~370.07(6)~~.

4296

(d) All commercial trawling in Clay, Duval, and St. Johns

4297

Counties shall be restricted to the inland waters of the St.

4298

Johns River proper in the area north of the Acosta Bridge in

4299

Jacksonville and at least 100 yards from the nearest shoreline.

4300

(e) A live shrimp producer must also be a licensed

4301

wholesale dealer. Such person shall not sell live bait shrimp

4302

unless he or she produces a live bait shrimp production license

4303

at the time of sale.

4304

(f) The commission shall rename the Live Bait Shrimp

4305

Production License as the Commercial Live Shrimp Production

4306

License.

4307

(4) DEAD SHRIMP PRODUCTION.--Any person may operate as a

4308

commercial dead shrimp producer provided that:

4309

(a) A dead shrimp production permit is procured from the

4310

Fish and Wildlife Conservation Commission upon the receipt by

4311

the commission of a properly filled out and approved application

4312

by a person intending to use a boat, not to exceed 35 feet in

4313

length in Duval, St. Johns, Putnam, and Clay Counties, and not

4314

to exceed 45 feet in length in Nassau County, for dead shrimp

4315

production within the inland waters of Nassau County and the

4316

inland waters of the St. Johns River of Duval, Putnam, St.

4317

Johns, Flagler, or Clay Counties, which permit shall cost $250

4318

and shall be required for each vessel used for dead shrimp

4319

production. The design of the application and permit shall be

4320

determined by the Fish and Wildlife Conservation Commission. The

4321

proceeds of the fees imposed by this paragraph shall be

4322

deposited into the account of the Marine Resources Conservation

4323

Trust Fund to be used by the commission for the purpose of

4324

enforcement of marine resource laws.

4325

(b) All commercial trawling in the St. Johns River proper

4326

shall be restricted to the area north of the Acosta Bridge in

4327

Jacksonville and at least 100 yards from the nearest shoreline.

4328

4329

during daylight hours from Tuesday through Friday each week.

4330

(d) No person holding a dead shrimp production permit

4331

issued pursuant to this subsection shall simultaneously hold a

4332

permit for noncommercial trawling under the provisions of

4333

subsection (5). The number of permits issued by the commission

4334

for commercial trawling or dead shrimp production in any one

4335

year shall be limited to those active in the base year, 1976,

4336

and renewed annually since 1976. All permits for dead shrimp

4337

production issued pursuant to this section shall be inheritable

4338

or transferable to an immediate family member and annually

4339

renewable by the holder thereof. Such inheritance or transfer

4340

shall be valid upon being registered with the commission. Each

4341

permit not renewed shall expire and shall not be renewed under

4342

any circumstances.

4343

(e) It is illegal for any person to sell dead shrimp

4344

caught in the inland waters of Nassau, Duval, Clay, Putnam, and

4345

St. Johns Counties, unless the seller is in possession of a dead

4346

shrimp production license issued pursuant to this subsection.

4347

(f) It is illegal for any person to purchase shrimp for

4348

consumption or bait from any seller (with respect to shrimp

4349

caught in the inland waters of Nassau, Duval, Clay, Putnam, and

4350

St. Johns Counties (St. Johns River)) who does not produce his

4351

or her dead shrimp production license prior to the sale of the

4352

shrimp.

4353

(g) In addition to any other penalties provided for in

4354

this section, any person who violates the provisions of this

4355

subsection shall have his or her license revoked by the

4356

commission.

4357

(h) The commission shall rename the Dead Shrimp Production

4358

License as the Commercial Food Shrimp Production License.

4359

(5) NONCOMMERCIAL TRAWLING.--If noncommercial trawling is

4360

authorized by the Fish and Wildlife Conservation Commission, any

4361

person may trawl for shrimp in the St. Johns River for his or

4362

her own use as food under the following conditions:

4363

(a) Each person who desires to trawl for shrimp for use as

4364

food shall obtain a noncommercial trawling permit from the local

4365

office of the Fish and Wildlife Conservation Commission upon

4366

filling out an application on a form prescribed by the

4367

commission and upon paying a fee for the permit, which shall

4368

cost $50.

4369

(b) All trawling shall be restricted to the confines of

4370

the St. Johns River proper in the area north of the Acosta

4371

Bridge in Jacksonville and at least 100 yards from the nearest

4372

shoreline.

4373

4374

provisions of this subsection may be sold or offered for sale.

4375

(6) SAMPLING PROCEDURE.--

4376

(a) The Executive Director of the Fish and Wildlife

4377

Conservation Commission shall have samples taken at established

4378

stations within patterns at frequent intervals.

4379

(b) No area may be closed to live bait shrimp production

4380

unless a series of samples has been taken and it has been

4381

determined that the shrimp are undersized or that continued

4382

shrimping in this area would have an adverse effect on

4383

conservation. Standards for size may be established by rule of

4384

the commission.

4385

4386

a series of samples has been taken and it has been determined

4387

that the shrimp are of legal size. Legal-sized shrimp shall be

4388

defined as not more than 47 shrimp with heads on, or 70 shrimp

4389

with heads off, per pound.

4390

(7) LICENSE POSSESSION.--The operator of a boat employing

4391

the use of any trawl for shrimp production must be in possession

4392

of a current shrimp production license issued to him or her

4393

pursuant to the provisions of this section.

4394

(8) USE OF TRAWL; LIMITATION.--

4395

(a) The use of a trawl by either a live bait shrimp

4396

producer or dead shrimp producer shall be limited to the

4397

daylight hours, and the taking of dead shrimp shall not take

4398

place on Saturdays, Sundays, or legal state holidays.

4399

(b) The use of a trawl by either a live bait shrimp

4400

producer or dead shrimp producer within 100 yards of any

4401

shoreline is prohibited. The Fish and Wildlife Conservation

4402

Commission, by rule or order, may define the area or areas where

4403

this subsection shall apply.

4404

4405

designed for, or capable of, taking shrimp within 1/4 mile of

4406

any natural or manmade inlet in Duval County or St. Johns

4407

County.

4408

2. It is unlawful for anyone to trawl in the Trout River

4409

west of the bridge on U.S. 17 in Duval County.

4410

(9) CREDITS.--Fees paid pursuant to paragraphs (3)(a) and

4411

(4)(a) of this section shall be credited against the saltwater

4412

products license fee.

4413

Section 79. Section 370.17, Florida Statutes, is

4414

renumbered as section 379.248, Florida Statutes, and amended to

4415

read:

4416

379.248 ~~370.17~~ Sponges; regulation.--

4417

(1) NONRESIDENT LICENSE; SPONGE FISHING.--Any nonresident

4418

of the state, who desires to engage in the business or

4419

occupation of sponge fishing, either for that person or any

4420

other person, shall, before entering into said business or

4421

occupation, procure a nonresident saltwater products license

4422

issued in the name of an individual or to a valid boat

4423

registration pursuant to s. 379.361 ~~370.06~~.

4424

(2) USE AND SIZE OF HOOKS.--Any person engaged in

4425

gathering sponges by use of a hook shall use a hook 5 inches

4426

wide for the purpose of removing sponges from the bottom, and no

4427

hook of other dimensions may be used.

4428

(3) TAKING, POSSESSING COMMERCIAL; SIZE.--

4429

(a) No person may take, by any means or method, from the

4430

waters of the Gulf of Mexico, the straits of this state or the

4431

other waters within the territorial limits of this state, any

4432

commercial sponges, measuring, when wet, less than 5 inches in

4433

their maximum diameter.

4434

(b) To make effective the foregoing subsection it is

4435

further provided that no person may land, cure, deliver, offer

4436

for sale, sell, or have in his or her possession, within the

4437

territorial limits of this state, or upon any boat, vessel, or

4438

vehicle, other than those operated interstate by common

4439

carriers, within the territorial limits of this state, any

4440

commercial sponges measuring, when wet, less than 5 inches in

4441

their maximum diameter.

4442

4443

territorial limits of this state, or upon any boat, vessel, or

4444

vehicle, other than those operated interstate by common

4445

carriers, within the territorial limits of this state,

4446

measuring, when wet, less than 5 inches in their maximum

4447

diameter, shall be evidence that the person having such sponges

4448

in his or her possession has violated this section.

4449

(4) POWERS OF THE COMMISSION.--The commission is

4450

authorized and empowered to make, promulgate, and put into

4451

effect all rules and regulations which the commission may

4452

consider and decide to be necessary to accomplish the purpose of

4453

this chapter for the taking and cultivation of sponges,

4454

including the power and authority to determine and fix, in its

4455

discretion, the seasons and period of time within which public

4456

state grounds may be closed to the taking, possessing, buying,

4457

selling, or transporting of sponges from the sponge cultivation

4458

districts herein provided for and to regulate and prescribe the

4459

means and methods to be employed in the harvesting thereof;

4460

however, notice of all rules, regulations, and orders, and all

4461

revisions and amendments thereto, prescribing closed seasons or

4462

prescribing the means and methods of harvesting sponges adopted

4463

by the commission shall be published in a newspaper of general

4464

circulation in the conservation district affected within 10 days

4465

from the adoption thereof, in addition to any notice required by

4466

chapter 120.

4467

(5) COOPERATION WITH UNITED STATES FISH AND WILDLIFE

4468

SERVICE.--The commission shall cooperate with the United States

4469

Fish and Wildlife Service, under existing federal laws, rules

4470

and regulations, and is authorized to accept donations, grants

4471

and matching funds from said federal government under such

4472

conditions as are reasonable and proper, for the purposes of

4473

carrying out this chapter, and the commission is further

4474

authorized to accept any and all donations including funds and

4475

loan of vessels.

4476

(6) PENALTY.--Any person violating any of the foregoing

4477

provisions shall, for the second offense, be guilty of a felony

4478

of the third degree, punishable as provided in s. 775.082, s.

4479

775.083, or s. 775.084, and by the confiscation of all boats,

4480

tackle and equipment used in the commission of such violation.

4481

Section 80. Section 370.25, Florida Statutes, is

4482

renumbered as section 379.249, Florida Statutes, to read:

4483

379.249 ~~370.25~~ Artificial reef program; grants and

4484

financial and technical assistance to local governments.--

4485

(1) An artificial reef program is created within the

4486

commission to enhance saltwater opportunities and to promote

4487

proper management of fisheries resources associated with

4488

artificial reefs for the public interest. Under the program, the

4489

commission may provide grants and financial and technical

4490

assistance to coastal local governments, state universities, and

4491

nonprofit corporations qualified under s. 501(c)(3) of the

4492

Internal Revenue Code for the siting and development of

4493

artificial reefs as well as for monitoring and evaluating such

4494

reefs and their recreational, economic, and biological

4495

effectiveness. The commission is authorized to accept title, on

4496

behalf of the state, to vessels for use in the artificial reef

4497

program as offshore artificial reefs. The program may be funded

4498

from state, federal, and private contributions.

4499

(2) The commission may adopt by rule procedures for

4500

submitting an application for financial assistance and criteria

4501

for allocating available funds.

4502

(3) The commission may adopt by rule criteria for siting,

4503

constructing, managing, and evaluating the effectiveness of

4504

artificial reefs placed in state or adjacent federal waters and

4505

criteria implementing the transfer of vessel titles to the state

4506

for use as an offshore artificial reef.

4507

(4) The commission may adopt by rule criteria for

4508

determining the eligibility of nonprofit corporations qualified

4509

under s. 501(c)(3) of the Internal Revenue Code to apply for and

4510

receive funds available for artificial reef development or

4511

evaluation. The criteria must include, but are not limited to,

4512

the following:

4513

(a) The corporation must show proof that it is a nonprofit

4514

corporation qualified under s. 501(c)(3) of the Internal Revenue

4515

Code.

4516

(b) The corporation must state in its articles of

4517

incorporation or bylaws that one of its objectives is the

4518

development or monitoring of artificial reefs.

4519

(5) The commission's artificial reef program shall track

4520

all artificial-reef-development activities statewide, and

4521

maintain a computer database of these activities for the public

4522

interest and to facilitate long-range planning and coordination

4523

within the commission and among local governments.

4524

(6) It is unlawful for any person to:

4525

(a) Place artificial-reef-construction materials in state

4526

waters outside zones permitted under the terms and conditions

4527

defined in any artificial-reef permits issued by the United

4528

States Army Corps of Engineers or by the Department of

4529

Environmental Protection.

4530

(b) Store, possess, or transport on or across state waters

4531

any materials reasonably suited for artificial-reef construction

4532

and stored in a manner providing ready access for use and

4533

placement as an artificial reef, unless a valid cargo manifest

4534

issued by the commission or a commission-certified inspector is

4535

onboard the transporting vessel. The manifest will serve as

4536

authorization to use a valid permitted site or land-based

4537

staging area, will validate that the type of artificial-reef

4538

construction material being transported is permissible for use

4539

at the permitted site, and will describe and quantify the

4540

artificial-reef material being transported. The manifest will

4541

also include the latitude and longitude coordinates of the

4542

proposed deployment location, the valid permit number, and a

4543

copy of the permit conditions for the permitted site. The

4544

manifest must be available for inspection by any authorized law

4545

enforcement officer or commission employee.

4546

(7)(a) An initial violation of subsection (6) is a

4547

misdemeanor of the first degree, punishable as provided in s.

4548

775.082 or s. 775.083. A subsequent violation of subsection (6)

4549

which is committed within 12 months after a previous violation

4550

of that subsection is a felony of the third degree, punishable

4551

as provided in s. 775.082, s. 775.083, or s. 775.084.

4552

(b) If a violation of subsection (6) occurs, a law

4553

enforcement officer may terminate a vessel's voyage and order

4554

the vessel operator to return immediately to port. Failure or

4555

refusal to comply with an order to return to port constitutes a

4556

felony of the third degree, punishable as provided in s.

4557

775.082, s. 775.083, or s. 775.084. The vessel operator must

4558

immediately dispose of the materials on shore according to

4559

applicable waste disposal laws.

4560

4561

involved in the violation:

4562

1. Is moored at a land-based facility, the registered

4563

owner of the vessel is responsible for the violation.

4564

2. Is underway or anchored, the captain or operator of the

4565

vessel and the registered owner of the vessel are jointly

4566

responsible for the violation.

4567

(d) In addition to the penalties imposed in this

4568

subsection, the commission shall assess civil penalties of up to

4569

$5,000 against any person convicted of violating subsection (6)

4570

and may seek the suspension or revocation of the vessel

4571

registration, existing reef-construction permits, or other state

4572

marine licenses held by the violator. For the purposes of this

4573

section, conviction includes any judicial disposition other than

4574

acquittal or dismissal.

4575

Section 81. Section 370.23, Florida Statutes, is

4576

renumbered as section 379.25, Florida Statutes, to read:

4577

379.25 ~~370.23~~ Sale of unlawfully landed product;

4578

jurisdiction.--It is unlawful for any person to bring to port,

4579

sell, or offer to sell any saltwater life landed in violation of

4580

the provisions of this chapter. Any person committing such a

4581

violation and docking his or her vessel at any port in the

4582

state, whether or not such product was landed in the territorial

4583

waters of the state, shall be deemed to have submitted himself

4584

or herself to the jurisdiction of the courts of this state for

4585

the purpose of the enforcement of the provisions of this

4586

chapter.

4587

Section 82. Section 370.1601, Florida Statutes, is

4588

renumbered as section 379.2511, Florida Statutes, and amended to

4589

read:

4590

379.2511 ~~370.1601~~ Lease of state-owned water bottoms for

4591

growing oysters and clams.--Effective July 1, 1988, persons

4592

wishing to lease state-owned water bottoms for the purpose of

4593

growing oysters and clams shall no longer be required to apply

4594

under the provisions of s. 379.2525 ~~370.16~~; such leases shall be

4595

issued pursuant to the provisions of ss. 253.67-253.75.

4596

Section 83. Section 370.161, Florida Statutes, is

4597

renumbered as section 379.2512, Florida Statutes, to read:

4598

379.2512 ~~370.161~~ Oyster bottom land grants made pursuant

4599

to ch. 3293.--

4600

(1) All grants previously issued by the several boards of

4601

county commissioners under the authority of chapter 3293, 1881,

4602

Laws of Florida, shall be subject to provisions of s. 597.010,

4603

relating to the marking of such lands, the payment of rents, the

4604

cultivation of such lands and the forfeiture provisions.

4605

(2) Any grantee of lands referred to in subsection (1)

4606

shall mark such lands and begin cultivation thereof as set forth

4607

in s. 597.010, within 90 days after the effective date of this

4608

act. The rentals prescribed by s. 597.010, shall be payable

4609

immediately upon the effective date of this act and in

4610

accordance with the provisions of said section.

4611

(3) If any grantee shall fail to comply with the

4612

provisions of this act his or her grant shall become null and

4613

void and the lands shall return to the ownership and

4614

jurisdiction of the state.

4615

Section 84. Section 370.027, Florida Statutes, is

4616

renumbered as section 379.2521, Florida Statutes, and amended to

4617

read:

4618

379.2521 ~~370.027~~ Rulemaking authority with respect to

4619

marine life.--Marine aquaculture producers shall be regulated by

4620

the Department of Agriculture and Consumer Services. The Fish

4621

and Wildlife Conservation Commission shall adopt rules, by March

4622

1, 2000, to regulate the sale of farmed red drum and spotted sea

4623

trout. These rules shall specifically provide for the protection

4624

of the wild resource, without restricting a certified

4625

aquaculture producer pursuant to s. 597.004 from being able to

4626

sell farmed fish. To that extent, these rules must only require

4627

that farmed fish be kept separate from wild fish and be fed

4628

commercial feed; that farmed fish be placed in sealed

4629

containers; that these sealed containers must have the name,

4630

address, telephone number and aquaculture certificate number,

4631

issued pursuant to s. 597.004, of the farmer clearly and

4632

indelibly placed on the container; and that this information

4633

must accompany the fish to the ultimate point of sale. Marine

4634

aquaculture products produced by a marine aquaculture producer,

4635

certified pursuant to s. 597.004, are exempt from Fish and

4636

Wildlife Conservation Commission resource management rules, with

4637

the exception of such rules governing any fish of the genus

4638

Centropomus (snook). By July 1, 2000, the Fish and Wildlife

4639

Conservation Commission shall develop procedures to allow

4640

persons possessing a valid aquaculture certificate of

4641

registration to sell and transport live snook produced in

4642

private ponds or private hatcheries as brood stock, to stock

4643

private ponds, or for aquarium display consistent with the

4644

provisions of rules adopted by the Department of Agriculture and

4645

Consumer Services ~~rule 39-23.009, Florida Administrative Code~~.

4646

Section 85. Section 370.1603, Florida Statutes, is

4647

renumbered as section 379.2522, Florida Statutes, and amended to

4648

read:

4649

379.2522 ~~370.1603~~ Oysters produced in and outside state;

4650

labeling; tracing; rules.--

4651

(1) No wholesale or retail dealer, as defined in s.

4652

379.362 (1) ~~370.07(1)~~, shall sell any oysters produced outside

4653

this state unless they are labeled as such, or unless it is

4654

otherwise reasonably made known to the purchaser that the

4655

oysters were not produced in this state.

4656

(2) The Department of Agriculture and Consumer Services

4657

shall promulgate rules whereby oysters produced in Florida

4658

waters can be traced to the location from which they were

4659

harvested. A wholesale or retail dealer may not sell any oysters

4660

produced in this state unless they are labeled so that they may

4661

be traced to the point of harvesting.

4662

Section 86. Section 370.26, Florida Statutes, is

4663

renumbered as section 379.2523, Florida Statutes, and amended to

4664

read:

4665

379.2523 ~~370.26~~ Aquaculture definitions; marine

4666

aquaculture products, producers, and facilities.--

4667

(1) As used in this section, the term:

4668

(a) "Marine aquaculture facility" means a facility built

4669

and operated for the purpose of producing marine aquaculture

4670

products. Marine aquaculture facilities contain culture systems

4671

such as, but not limited to, ponds, tanks, raceways, cages, and

4672

bags used for commercial production, propagation, growout, or

4673

product enhancement of marine products. Marine aquaculture

4674

facilities specifically do not include:

4675

1. Facilities that maintain marine aquatic organisms

4676

exclusively for the purpose of shipping, distribution,

4677

marketing, or wholesale and retail sales;

4678

2. Facilities that maintain marine aquatic organisms for

4679

noncommercial, education, exhibition, or scientific purposes;

4680

3. Facilities in which the activity does not require an

4681

aquaculture certification pursuant to s. 597.004; or

4682

4. Facilities used by marine aquarium hobbyists.

4683

(b) "Marine aquaculture producer" means a person holding

4684

an aquaculture certificate pursuant to s. 597.004 to produce

4685

marine aquaculture products.

4686

4687

from marine aquatic organisms that are owned and propagated,

4688

grown, or produced under controlled conditions by a person

4689

holding an aquaculture certificate pursuant to s. 597.004. Such

4690

product does not include organisms harvested from the wild for

4691

depuration, wet storage, or relayed for the purpose of

4692

controlled purification. Marine aquaculture products are

4693

considered saltwater products for the purposes of this chapter,

4694

except the holder of an aquaculture certificate is not required

4695

to purchase and possess a saltwater products license in order to

4696

possess, transport, or sell marine aquaculture products pursuant

4697

to s. 379.361 ~~370.06~~. To renew an existing restricted species

4698

endorsement, marine aquaculture producers possessing a valid

4699

saltwater products license with a restricted species endorsement

4700

may apply income from the sales of marine aquaculture products

4701

to licensed wholesale dealers. Income from the sales of marine

4702

aquaculture products shall not be eligible for the purpose of

4703

acquiring a new restricted species endorsement. The holder of an

4704

aquaculture certificate must purchase and possess a saltwater

4705

products license in order to possess, transport, or sell

4706

saltwater products not specifically provided for in s. 597.004.

4707

(2) The Department of Environmental Protection shall

4708

encourage the development of aquaculture and the production of

4709

aquaculture products. The department shall develop a process

4710

consistent with this section that would consolidate permits,

4711

general permits, and other regulatory requirements to streamline

4712

the permitting process and result in effective regulation of

4713

aquaculture activities. This process shall provide for a single

4714

application and application fee for marine aquaculture

4715

activities which are regulated by the department. Procedures to

4716

consolidate permitting actions under this section do not

4717

constitute rules within the meaning of s. 120.52.

4718

(3) Until aquaculture general permits under s. 403.814 can

4719

be expanded and developed, the department shall establish

4720

criteria to temporarily permit aquaculture activities that may

4721

be presumed not to result in adverse environmental impacts. The

4722

criteria developed pursuant to this subsection do not constitute

4723

rules within the meaning of s. 120.52. Permit application fees

4724

under this subsection shall be no more than that established for

4725

a general permit. The department may delegate to the water

4726

management districts the regulatory authority for aquaculture

4727

facilities subject to the temporary general permitting criteria

4728

of this subsection. During the period prior to development of a

4729

general permit under s. 403.814, the department shall establish

4730

a compliance plan based on monitoring results that will assist

4731

in the development of the general permit.

4732

(4) The department shall request that the Aquaculture

4733

Review Council identify a working group of industry

4734

representatives who can provide technical assistance in

4735

developing aquaculture general permits. The industry

4736

representatives shall come from the segment of the industry to

4737

be affected by the specific general permit to be developed. The

4738

working group shall be included in all phases of developing the

4739

aquaculture general permits.

4740

(5) The department shall:

4741

(a) Coordinate with the Aquaculture Review Council, the

4742

Aquaculture Interagency Coordinating Council, and the Department

4743

of Agriculture and Consumer Services when developing criteria

4744

for aquaculture general permits.

4745

(b) Permit experimental technologies to collect and

4746

evaluate data necessary to reduce or mitigate environmental

4747

concerns.

4748

4749

of information that would be beneficial to the development of

4750

aquaculture.

4751

(6) The Fish and Wildlife Conservation Commission shall

4752

encourage the development of aquaculture in the state through

4753

the following:

4754

(a) Providing assistance in developing technologies

4755

applicable to aquaculture activities, evaluating practicable

4756

production alternatives, and providing management agreements to

4757

develop innovative culture practices.

4758

(b) Facilitating aquaculture research on life histories,

4759

stock enhancement, and alternative species, and providing

4760

research results that would assist in the evaluation,

4761

development, and commercial production of candidate species for

4762

aquaculture, including:

4763

1. Providing eggs, larvae, fry, and fingerlings to

4764

aquaculturists when excess cultured stocks are available from

4765

the commission's facilities and the culture activities are

4766

consistent with the commission's stock enhancement projects.

4767

Such stocks may be obtained by reimbursing the commission for

4768

the cost of production on a per-unit basis. Revenues resulting

4769

from the sale of stocks shall be deposited into the trust fund

4770

used to support the production of such stocks.

4771

2. Conducting research programs to evaluate candidate

4772

species when funding and staff are available.

4773

3. Encouraging the private production of marine fish and

4774

shellfish stocks for the purpose of providing such stocks for

4775

statewide stock enhancement programs. When such stocks become

4776

available, the commission shall reduce or eliminate duplicative

4777

production practices that would result in direct competition

4778

with private commercial producers.

4779

4. Developing a working group, in cooperation with the

4780

Department of Agriculture and Consumer Services, the Aquaculture

4781

Review Council, and the Aquaculture Interagency Coordinating

4782

Council, to plan and facilitate the development of private

4783

marine fish and nonfish hatcheries and to encourage

4784

private/public partnerships to promote the production of marine

4785

aquaculture products.

4786

4787

institutions within the state to advance the aquaculture

4788

production and sale of sturgeon as a food fish.

4789

(7) The Fish and Wildlife Conservation Commission shall

4790

coordinate with the Aquaculture Review Council and the

4791

Department of Agriculture and Consumer Services to establish and

4792

implement grant programs to provide funding for projects and

4793

programs that are identified in the state's aquaculture plan,

4794

pending legislative appropriations. The commission and the

4795

Department of Agriculture and Consumer Services shall establish

4796

and implement a grant program to make grants available to

4797

qualified nonprofit, educational, and research entities or local

4798

governments to fund infrastructure, planning, practical and

4799

applied research, development projects, production economic

4800

analysis, and training and stock enhancement projects, and to

4801

make grants available to counties, municipalities, and other

4802

state and local entities for applied aquaculture projects that

4803

are directed to economic development, pending legislative

4804

appropriations.

4805

(8) The Fish and Wildlife Conservation Commission shall

4806

provide assistance to the Department of Agriculture and Consumer

4807

Services in the development of an aquaculture plan for the

4808

state.

4809

Section 87. Section 370.31, Florida Statutes, is

4810

renumbered as section 379.2524, Florida Statutes, to read:

4811

379.2524 ~~370.31~~ Commercial production of sturgeon.--

4812

(1) INTENT.--The Legislature finds and declares that there

4813

is a need to encourage the continuation and advancement of work

4814

being done on aquaculture sturgeon production in keeping with

4815

the state's legislative public policy regarding aquaculture

4816

provided in chapter 597. It also finds that it is in the state's

4817

economic interest to promote the commercial production and stock

4818

enhancement of sturgeon. It is therefore the intent of the

4819

Legislature to hereby create a Sturgeon Production Working

4820

Group.

4821

(2) CREATION.--The Sturgeon Production Working Group is

4822

created within the Department of Agriculture and Consumer

4823

Services and shall be composed of seven members as follows:

4824

(a) The head of the sturgeon research program or designee

4825

from the University of Florida, Institute of Food and

4826

Agricultural Sciences. Such member shall be appointed by the

4827

University of Florida's Vice President for Agricultural Affairs.

4828

(b) One representative from the Department of

4829

Environmental Protection to be appointed by the Secretary of

4830

Environmental Protection.

4831

4832

Conservation Commission to be appointed by the executive

4833

director of the Fish and Wildlife Conservation Commission.

4834

(d) One representative from the Department of Agriculture

4835

and Consumer Services to be appointed by the Commissioner of

4836

Agriculture.

4837

(e) Two representatives from the aquaculture industry to

4838

be appointed by the Aquaculture Review Council.

4839

(f) One representative from a private nonprofit

4840

organization involved in sturgeon production work, to be

4841

appointed by the Commissioner of Agriculture.

4842

(3) MEETINGS; PROCEDURES; RECORDS.--The working group

4843

shall meet at least twice a year and elect, by a quorum, a chair

4844

and vice chair.

4845

(a) The chair of the working group shall preside at all

4846

meetings and shall call a meeting as often as necessary to carry

4847

out the provisions of this section.

4848

(b) The Department of Agriculture and Consumer Services

4849

shall keep a complete record of the proceedings of each meeting,

4850

which includes the names of the members present at each meeting

4851

and the actions taken. The records shall be public records

4852

pursuant to chapter 119.

4853

4854

members. Members of the group shall not receive compensation,

4855

but shall be entitled to per diem and travel expenses, including

4856

attendance at meetings, as allowed public officers and employees

4857

pursuant to s. 112.061.

4858

(4) PURPOSE AND RESPONSIBILITIES.--The purpose of the

4859

Sturgeon Production Working Group is to coordinate the

4860

implementation of a state sturgeon production management plan to

4861

promote the commercial production and stock enhancement of

4862

sturgeon in Florida. In carrying out this purpose, the working

4863

group shall:

4864

(a) Establish a state sturgeon production management plan

4865

to inform public or private interested parties of how to

4866

aquaculturally produce sturgeon for commercial purposes and for

4867

stock enhancement. The sturgeon production management plan

4868

shall:

4869

1. Provide the regulatory policies for the commercial

4870

production of sturgeon meat and roe, including a strategy for

4871

obtaining the required permits, licenses, authorizations, or

4872

certificates.

4873

2. Provide the management practices for culturing sturgeon

4874

and ensure that aquacultural development does not impede the

4875

recovery and conservation of wild sturgeon populations.

4876

3. Establish priorities for research needed to support the

4877

commercial production of sturgeon and the recovery of native

4878

stocks in the state.

4879

(b) Support management strategies to permit the commercial

4880

production of native and nonnative sturgeon, including the

4881

distribution of captive-bred Gulf sturgeon to approved certified

4882

aquaculture facilities.

4883

4884

conservation program to coordinate conservation, habitat, and

4885

resource management programs for native sturgeon, including an

4886

evaluation of how stock enhancement can facilitate the

4887

conservation and recovery of native sturgeon populations.

4888

(d) Seek federal cooperation to implement the sturgeon

4889

production management plan, including federal designation of

4890

captive-bred sturgeon as distinct population segments to

4891

distinguish cultivated stocks from wild native populations.

4892

(e) Develop enforcement guidelines to ensure continued

4893

protection of wild native sturgeon populations.

4894

(f) In furtherance of the purposes and responsibilities of

4895

the Sturgeon Production Working Group, the state shall:

4896

1. Establish a program to coordinate conservation and

4897

aquaculture activities for native sturgeon.

4898

2. Develop a conservation plan for native sturgeon.

4899

3. Initiate the process to petition for delisting captive-

4900

bred shortnose sturgeon.

4901

4. Initiate the process to petition for delisting captive-

4902

bred Gulf sturgeon.

4903

(g) Establish a sturgeon broodstock committee composed of

4904

fishery scientists, fish farmers, and agency representatives to

4905

manage the taking of wild sturgeon for brood fish and spawning.

4906

(h) Establish the Cooperative Broodstock Development and

4907

Husbandry Board composed of fishery scientists, fish farmers,

4908

and agency representatives to establish standards and criteria

4909

for the management and maintenance of captive-reared sturgeon,

4910

to collect biological data, and to administer the Cooperative

4911

Broodstock Development and Husbandry Program.

4912

Section 88. Section 370.16, Florida Statutes, is

4913

renumbered as section 379.2525, Florida Statutes, and amended to

4914

read:

4915

379.2525 ~~370.16~~ Noncultured shellfish harvesting.--

4916

(1) PROTECTION OF SHELLFISH AQUACULTURE PRODUCTS.--

4917

(a) The Fish and Wildlife Conservation Commission shall

4918

assist in protecting shellfish aquaculture products produced on

4919

leased or granted reefs in the hands of lessees or grantees from

4920

the state. Harvesting shellfish is prohibited within a distance

4921

of 25 feet outside lawfully marked lease boundaries or within

4922

setback and access corridors within specifically designated

4923

high-density aquaculture lease areas and aquaculture use zones.

4924

(b) The department, in cooperation with the commission,

4925

shall provide the Legislature with recommendations as needed for

4926

the development and the proper protection of the rights of the

4927

state and private holders therein with respect to the oyster and

4928

clam business.

4929

(2) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL

4930

REEFS; LICENSES, ETC., PENALTY.--

4931

(a) It is unlawful to use a dredge or any means or

4932

implement other than hand tongs in removing oysters from the

4933

natural or artificial state reefs. This restriction shall apply

4934

to all areas of Apalachicola Bay for all shellfish harvesting,

4935

excluding private grounds leased or granted by the state prior

4936

to July 1, 1989, if the lease or grant specifically authorizes

4937

the use of implements other than hand tongs for harvesting.

4938

Except in Apalachicola Bay, upon the payment of $25 annually,

4939

for each vessel or boat using a dredge or machinery in the

4940

gathering of clams or mussels, a special activity license may be

4941

issued by the Fish and Wildlife Conservation Commission pursuant

4942

to s. 379.361 ~~370.06~~ for such use to such person.

4943

(b) The use of any mechanical harvesting device other than

4944

ordinary hand tongs for taking shellfish for any purpose from

4945

public shellfish beds in Apalachicola Bay shall be unlawful.

4946

4947

the waters of Apalachicola Bay from 5 p.m. until sunrise shall

4948

be unlawful.

4949

(d) Each vessel used for the transport or deployment of a

4950

dredge or scrape shall prominently display the lease or grant

4951

number or numbers, in numerals which are at least 12 inches high

4952

and 6 inches wide, in such a manner that the lease or grant

4953

number or numbers are readily identifiable from both the air and

4954

the water.

4955

(e) Oysters may be harvested from natural or public

4956

grounds by common hand tongs or by hand, by scuba diving, free

4957

diving, leaning from vessels, or wading. In the Apalachicola

4958

Bay, this provision shall apply to all shellfish.

4959

4960

The commission shall apply other statutes, rules, or conditions

4961

necessary to protect the environment and natural resources from

4962

improper transport, deployment, and operation of a dredge or

4963

scrape. Any violation of this subsection or of any other

4964

statutes, rules, or conditions referenced in the special

4965

activity license shall be considered a violation of the license

4966

and shall result in revocation of the license and forfeiture of

4967

the bond submitted to the commission as a prerequisite to the

4968

issuance of this license.

4969

(3) FALSE RETURNS AS TO OYSTERS OR CLAMS HANDLED.--Each

4970

packer, canner, corporation, firm, commission person, or dealer

4971

in fish shall, on the first day of each month, make a return

4972

under oath to the Fish and Wildlife Conservation Commission, as

4973

to the number of oysters, clams, and shellfish purchased,

4974

caught, or handled during the preceding month. Whoever is found

4975

guilty of making any false affidavit to any such report is

4976

guilty of perjury and punished as provided by law, and any

4977

person who fails to make such report shall be punished by a fine

4978

not exceeding $500 or by imprisonment in the county jail not

4979

exceeding 6 months.

4980

(4) SEIZURE OF VESSELS AND CARGOES VIOLATING OYSTER AND

4981

CLAM LAWS, ETC.--Vessels, with their cargoes, violating the

4982

provisions of the laws relating to oysters and clams may be

4983

seized by anyone duly and lawfully authorized to make arrests

4984

under this section or by any sheriff or the sheriff's deputies,

4985

and taken into custody, and when not arrested by the sheriff or

4986

the sheriff's deputies, delivered to the sheriff of the county

4987

in which the seizure is made, and shall be liable to forfeiture,

4988

on appropriate proceedings being instituted by the Fish and

4989

Wildlife Conservation Commission, before the courts of that

4990

county. In such case the cargo shall at once be disposed of by

4991

the sheriff, for account of whom it may concern. Should the

4992

master or any of the crew of said vessel be found guilty of

4993

using dredges or other instruments in fishing oysters on natural

4994

reefs contrary to law, or fishing on the natural oyster or clam

4995

reefs out of season, or unlawfully taking oysters or clams

4996

belonging to a lessee, such vessel shall be declared forfeited

4997

by the court, and ordered sold and the proceeds of the sale

4998

shall be deposited with the Chief Financial Officer to the

4999

credit of the General Revenue Fund; any person guilty of such

5000

violations shall not be permitted to have any license provided

5001

for in this chapter within a period of 1 year from the date of

5002

conviction. Pending proceedings such vessel may be released upon

5003

the owner furnishing bond, with good and solvent security in

5004

double the value of the vessel, conditioned upon its being

5005

returned in good condition to the sheriff to abide the judgment

5006

of the court.

5007

(5) DREDGING OF DEAD SHELLS PROHIBITED.--The dredging of

5008

dead shell deposits is prohibited in the state.

5009

(6) REQUIREMENTS FOR OYSTER VESSELS.--All vessels used for

5010

the harvesting, gathering, or transporting of noncultured

5011

oysters for commercial use shall be constructed and maintained

5012

to prevent contamination or deterioration of oysters. To this

5013

end, all such vessels shall be provided with false bottoms and

5014

bulkheads fore and aft to prevent oysters from coming in contact

5015

with any bilge water. No dogs or other animals shall be allowed

5016

at any time on vessels used to harvest or transport oysters. A

5017

violation of any provision of this subsection shall result in at

5018

least the revocation of the violator's license.

5019

Section 89. Part III of chapter 379, Florida Statutes,

5020

consisting of section 379.28, is created to read:

5021

PART III

5022

FRESHWATER AQUATIC LIFE

5023

5024

Section 90. Section 372.26, Florida Statutes, is

5025

renumbered as section 379.28, Florida Statutes, and amended to

5026

read:

5027

379.28 ~~372.26~~ Imported fish.--

5028

(1) No person shall import into the state or place in any

5029

of the fresh waters of the state any freshwater fish of any

5030

species without having first obtained a permit from the Fish and

5031

Wildlife Conservation Commission. The commission is authorized

5032

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

5033

the species made by it to determine any detrimental effect the

5034

species might have on the ecology of the state.

5035

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

5036

Three violation under s. 379.401 ~~372.83~~.

5037

Section 91. Part IV of chapter 379, Florida Statutes,

5038

consisting of sections 379.3001, 379.3002, 379.3003, 379.3004,

5039

379.3011, 379.3012, 379.3013, 379.3014, 379.3015, 379.3016,

5040

379.3017, 379.302, 379.303, 379.304, 379.305, 379.3061,

5041

379.3062, and 379.3063, is created to read:

5042

PART IV

5043

WILD ANIMAL LIFE

5044

5045

Section 92. Section 372.0025, Florida Statutes, is

5046

renumbered as section 379.3001, Florida Statutes, to read:

5047

379.3001 ~~372.0025~~ No net loss of hunting lands.--

5048

(1) As used in this section, the term:

5049

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

5050

Commission.

5051

(b) "Commission-managed lands" means those lands owned by

5052

the commission, those lands owned by the state over which the

5053

commission holds management authority, or those privately owned

5054

lands that are leased or managed by the commission.

5055

5056

shooting, capture, collection, or killing of wildlife or the

5057

lawful attempt to pursue, trap, shoot, capture, collect, or kill

5058

wildlife.

5059

(2) Commission-managed lands shall be open to access and

5060

use for hunting except as limited by the commission for reasons

5061

of public safety, fish or wildlife management, or homeland

5062

security or as otherwise limited by law.

5063

(3) The commission, in exercising its authority under the

5064

State Constitution and statutes, shall exercise its authority,

5065

consistent with subsection (2), in a manner that supports,

5066

promotes, and enhances hunting opportunities to the extent

5067

authorized by state law.

5068

(4) Commission land management decisions and actions,

5069

including decisions made by private owners to close hunting land

5070

managed by the commission, shall not result in any net loss of

5071

habitat land acreage available for hunting opportunities on

5072

commission-managed lands that exists on the effective date of

5073

this act. The commission shall expeditiously find replacement

5074

acreage for hunting to compensate for closures of any existing

5075

hunting land. Replacement lands shall, to the greatest extent

5076

possible, be located within the same administrative region of

5077

the commission and shall be consistent with the hunting

5078

discipline that the commission allowed on the closed land.

5079

(5) Any state agency or water management district that

5080

owns or manages lands shall assist and coordinate and cooperate

5081

with the commission to allow hunting on such lands if such lands

5082

are determined by the commission to be suitable for hunting. To

5083

ensure no net loss of land acreage available for hunting, state

5084

agencies and water management districts shall cooperate with the

5085

commission to open new, additional hunting lands to replace lost

5086

hunting acreage. However, lands officially designated as units

5087

within the state park system may not be considered for

5088

replacement hunting lands and may only be opened for hunting

5089

when necessary as a wildlife control or management tool as

5090

determined by the Division of Recreation and Parks in the

5091

Department of Environmental Protection.

5092

(6) By October 1 of each year, the executive director of

5093

the commission shall submit to the Legislature a written report

5094

describing:

5095

(a) The acreage managed by the commission that was closed

5096

to hunting during the previous fiscal year and the reasons for

5097

the closures.

5098

(b) The acreage managed by the commission that was opened

5099

to hunting to compensate for closures of existing land pursuant

5100

to subsection (4).

5101

(7) By October 1 of each year, any state agency or water

5102

management district that owns or manages lands shall submit a

5103

written report to the commission and the Legislature that

5104

includes:

5105

(a) A list of properties that were open for hunting during

5106

the previous fiscal year.

5107

(b) A list of properties that were not open for hunting

5108

during the previous fiscal year.

5109

5110

each property is located, except for right-of-way lands and

5111

parcels under 50 acres.

5112

Section 93. Section 372.023, Florida Statutes, is

5113

renumbered as section 379.3002, Florida Statutes, to read:

5114

379.3002 ~~372.023~~ J. W. Corbett and Cecil M. Webb Wildlife

5115

Management Areas.--

5116

(1) The Fish and Wildlife Conservation Commission of this

5117

state is neither authorized nor empowered to do the following as

5118

to the J. W. Corbett Wildlife Management Area in Palm Beach

5119

County or the Cecil M. Webb Wildlife Management Area without the

5120

approval of the Board of Trustees of the Internal Improvement

5121

Trust Fund that such action is in the best interest of orderly

5122

and economical development of said area, viz.:

5123

(a) To trade, barter, lease, or exchange lands therein for

5124

lands of greater acreage contiguous to said wildlife management

5125

areas.

5126

(b) To grant easements for construction and maintenance of

5127

roads, railroads, canals, ditches, dikes, and utilities,

5128

including but not limited to telephone, telegraph, oil, gas,

5129

electric power, water, and sewers.

5130

5131

phosphate, minerals, metals, and petroleum that is or may be in,

5132

on or under any lands traded, bartered, leased, or exchanged

5133

pursuant to paragraph (a).

5134

(2) The Board of Trustees of the Internal Improvement

5135

Trust Fund and the State Board of Education and all and every

5136

board, state department or state agency of the state having any

5137

title, right and interest in or to the land including oil and

5138

mineral rights in the lands to be traded, bartered, leased or

5139

exchanged within the J. W. Corbett Wildlife Management Area in

5140

Palm Beach County, is authorized and empowered to convey this

5141

interest of whatsoever nature to the record owner.

5142

(3) Moneys received from the sale of lands within either

5143

wildlife management area, less reasonable expenses incident to

5144

the sale, shall be used by the Fish and Wildlife Conservation

5145

Commission to acquire acreage contiguous to the wildlife

5146

management area or lands of equal wildlife value. The sale shall

5147

be made directly to the state, notwithstanding the procedures of

5148

s. 270.08 to the contrary.

5149

Section 94. Section 372.988, Florida Statutes, is

5150

renumbered as section 379.3003, Florida Statutes, and amended to

5151

read:

5152

379.3003 ~~372.988~~ Required clothing for persons hunting

5153

deer.--It is a Level One violation under s. 379.401 ~~372.83~~ for

5154

any person to hunt deer, or for any person to accompany another

5155

person hunting deer, during the open season for the taking of

5156

deer on public lands unless each person shall wear a total of at

5157

least 500 square inches of daylight fluorescent orange material

5158

as an outer garment. Such clothing shall be worn above the

5159

waistline and may include a head covering. The provisions of

5160

this section shall not apply to any person hunting deer with a

5161

bow and arrow during seasons restricted to hunting with a bow

5162

and arrow.

5163

Section 95. Section 372.7016, Florida Statutes, is

5164

renumbered as section 379.3004, Florida Statutes, and amended to

5165

read:

5166

379.3004 ~~372.7016~~ Voluntary Authorized Hunter

5167

Identification Program.--

5168

(1) There is created the "Voluntary Authorized Hunter

5169

Identification Program" to assist landowners and law enforcement

5170

officials in better controlling trespass and illegal or

5171

unauthorized hunting. Landowners wishing to participate in the

5172

program shall:

5173

(a) Annually notify the sheriff's office in the county in

5174

which the land is situated and the respective area supervisor of

5175

the Fish and Wildlife Conservation Commission by letter of their

5176

desire to participate in the program, and provide a description

5177

of their property which they wish to have in the program by

5178

township, range, section, partial section, or other geographical

5179

description.

5180

(b) Provide a means of identifying authorized hunters as

5181

provided in subsection (2).

5182

(2) Any person hunting on private land enrolled in the

5183

Voluntary Authorized Hunter Identification Program shall have

5184

readily available on the land at all times when hunting on the

5185

property written authorization from the owner or his or her

5186

authorized representative to be on the land for the purpose of

5187

hunting. The written authorization shall be presented on demand

5188

to any law enforcement officer, the owner, or the authorized

5189

agent of the owner.

5190

(a) For purposes of this section, the term "hunting" means

5191

to be engaged in or reasonably equipped to engage in the pursuit

5192

or taking by any means of any animal described in s. 379.101

5193

(19) or (20) ~~372.001(10) or (11)~~, and the term "written

5194

authorization" means a card, letter, or other written instrument

5195

which shall include, but need not be limited to, the name of the

5196

person or entity owning the property, the name and signature of

5197

the person granting the authorization, a description by

5198

township, range, section, partial section, or other geographical

5199

description of the land to which the authorization applies, and

5200

a statement of the time period during which the authorization is

5201

valid.

5202

(b) Failure by any person hunting on private land enrolled

5203

in the program to present written authorization to hunt on said

5204

land to any law enforcement officer or the owner or

5205

representative thereof within 7 days of demand shall be prima

5206

facie evidence of violation of s. 810.09(2)(c), punishable as

5207

provided in s. 775.082, s. 775.083, or s. 775.084. However, such

5208

evidence may be contradicted or rebutted by other evidence.

5209

Section 96. Section 372.6671, Florida Statutes, is

5210

renumbered as section 379.3011, Florida Statutes, and amended to

5211

read:

5212

379.3011 ~~372.6671~~ Alligator trapping program;

5213

definitions.--Unless otherwise provided by a specific section or

5214

the context otherwise requires, as used in ss. 379.3011,

5215

379.3012, 379.3751, and 379.3752 ~~372.6671-372.6674~~, the

5216

following definitions shall apply:

5217

(1) "Alligator" means a member of the species of alligator

5218

(Alligator mississippiensis) but does not mean its eggs.

5219

(2) "Alligator hatchling" means a juvenile alligator as

5220

more specifically defined by commission rule.

5221

(3) "Process" or "processing" means the skinning,

5222

butchering, or possession of alligators.

5223

Section 97. Section 372.6672, Florida Statutes, is

5224

renumbered as section 379.3012, Florida Statutes, to read:

5225

379.3012 ~~372.6672~~ Alligator management and trapping

5226

program implementation; commission authority.--

5227

(1) In any alligator management and trapping program that

5228

the Fish and Wildlife Conservation Commission shall establish,

5229

the commission shall have the authority to adopt all rules

5230

necessary for full and complete implementation of such alligator

5231

management and trapping program, and, in order to ensure its

5232

lawful, safe, and efficient operation in accordance therewith,

5233

may:

5234

(a) Regulate the marketing and sale of alligators, their

5235

hides, eggs, meat, and byproducts, including the development and

5236

maintenance of a state-sanctioned sale.

5237

(b) Regulate the handling and processing of alligators,

5238

their eggs, hides, meat, and byproducts, for the lawful, safe,

5239

and sanitary handling and processing of same.

5240

5241

operations for the captive propagation and rearing of alligators

5242

and their eggs.

5243

(d) Provide hide-grading services by two or more

5244

individuals pursuant to state-sanctioned sales if rules are

5245

first promulgated by the commission governing:

5246

1. All grading-related services to be provided pursuant to

5247

this section;

5248

2. Criteria for qualifications of persons to serve as

5249

hide-graders for grading services to be provided pursuant to

5250

this section; and

5251

3. The certification process by which hide-graders

5252

providing services pursuant to this section will be certified.

5253

(e) Provide sales-related services by contract pursuant to

5254

state-sanctioned sales if rules governing such services are

5255

first promulgated by the commission.

5256

(2) All contractors of the commission for the grading,

5257

marketing, and sale of alligators and their hides, eggs, meat,

5258

and byproducts shall not engage in any act constituting a

5259

conflict of interest under part III of chapter 112.

5260

(3) The powers and duties of the commission hereunder

5261

shall not be construed so as to supersede the regulatory

5262

authority or lawful responsibility of the Department of

5263

Agriculture and Consumer Services, the Department of Health, or

5264

any local governmental entity regarding the processing or

5265

handling of food products, but shall be deemed supplemental

5266

thereto.

5267

Section 98. Section 372.6678, Florida Statutes, is

5268

renumbered as section 379.3013, Florida Statutes, to read:

5269

379.3013 ~~372.6678~~ Alligator study requirements.--The

5270

commission shall conduct studies of all areas of the state which

5271

it intends to open to alligator collection permits. The study

5272

shall include individual wet areas, lakes, and rivers, or

5273

reasonable numbers of wet areas, lakes, and rivers that may be

5274

logically grouped. The studies shall determine the safe yield of

5275

alligators for which collection permits may be issued. The

5276

studies shall be based upon the best biological information that

5277

indicates the number of alligators which can be removed from the

5278

system without long-term adverse impacts on population levels.

5279

Section 99. Section 372.662, Florida Statutes, is

5280

renumbered as section 379.3014, Florida Statutes, and amended to

5281

read:

5282

379.3014 ~~372.662~~ Unlawful sale, possession, or

5283

transporting of alligators or alligator skins.--Whenever the

5284

sale, possession, or transporting of alligators or alligator

5285

skins is prohibited by any law of this state, or by the rules,

5286

regulations, or orders of the Fish and Wildlife Conservation

5287

Commission adopted pursuant to s. 9, Art. IV of the State

5288

Constitution, the sale, possession, or transporting of

5289

alligators or alligator skins is a Level Three violation under

5290

s. 379.401 ~~372.83~~.

5291

Section 100. Section 372.664, Florida Statutes, is

5292

renumbered as section 379.3015, Florida Statutes, to read:

5293

379.3015 ~~372.664~~ Prima facie evidence of intent to violate

5294

laws protecting alligators.--Except as otherwise provided by

5295

rule of the Fish and Wildlife Conservation Commission for the

5296

purpose of the limited collection of alligators in designated

5297

areas, the display or use of a light in a place where alligators

5298

might be known to inhabit in a manner capable of disclosing the

5299

presence of alligators, together with the possession of

5300

firearms, spear guns, gigs, and harpoons customarily used for

5301

the taking of alligators, during the period between 1 hour after

5302

sunset and 1 hour before sunrise shall be prima facie evidence

5303

of an intent to violate the provisions of law regarding the

5304

protection of alligators.

5305

Section 101. Section 372.6645, Florida Statutes, is

5306

renumbered as section 379.3016, Florida Statutes, to read:

5307

379.3016 ~~372.6645~~ Unlawful to sell alligator products;

5308

penalty.--

5309

(1) It is unlawful for any person to sell any alligator

5310

product manufactured in the form of a stuffed baby alligator or

5311

other baby crocodilia.

5312

(2) No person shall sell any alligator product

5313

manufactured from a species which has been declared to be

5314

endangered by the United States Fish and Wildlife Service or the

5315

Fish and Wildlife Conservation Commission.

5316

(3) Any person who violates this section is guilty of a

5317

misdemeanor of the first degree, punishable as provided in s.

5318

775.082 or s. 775.083.

5319

Section 102. Section 372.665, Florida Statutes, is

5320

renumbered as section 379.3017, Florida Statutes, to read:

5321

379.3017 ~~372.665~~ Word "alligator" or "gator" not to be

5322

used in certain sales.--It is unlawful for any person to use the

5323

word "gator" or "alligator" in connection with the sale of any

5324

product derived or made from the skins of other crocodilia or in

5325

connection with the sale of other crocodilia. Any person

5326

violating this section shall, upon conviction, be guilty of a

5327

misdemeanor.

5328

Section 103. Section 372.16, Florida Statutes, is

5329

renumbered as section 379.302, Florida Statutes, and amended to

5330

read:

5331

379.302 ~~372.16~~ Private game preserves and farms;

5332

regulations; penalties ~~penalty~~.--

5333

(1) Any person owning land in this state may establish,

5334

maintain, and operate within the boundaries thereof, a private

5335

preserve and farm, not exceeding an area of 640 acres, for the

5336

protection, preservation, propagation, rearing, and production

5337

of game birds and animals for private and commercial purposes,

5338

provided that no two game preserves shall join each other or be

5339

connected. ~~Before any private game preserve or farm is~~

5340

~~established, the owner or operator shall secure a license from~~

5341

~~the commission, the fee for which is $50 per year.~~

5342

(2) All private game preserves or farms established under

5343

the provisions of this section shall be fenced in such manner

5344

that domestic game thereon may not escape and wild game on

5345

surrounding lands may not enter and shall be subject at any time

5346

to inspection by the Fish and Wildlife Conservation Commission,

5347

or its conservation officers. Such private preserve or farm

5348

shall be equipped and operated in such manner as to provide

5349

sufficient food and humane treatment for the game kept thereon.

5350

Game reared or produced on private game preserves and farms

5351

shall be considered domestic game and private property and may

5352

be sold or disposed of as such and shall be the subject of

5353

larceny. Live game may be purchased, sold, shipped, and

5354

transported for propagation and restocking purposes only at any

5355

time. Such game may be sold for food purposes only during the

5356

open season provided by law for such game. All game killed must

5357

be killed on the premises of such private game preserve or farm

5358

and must be killed by means other than shooting, except during

5359

the open season. All domestic game sold for food purposes must

5360

be marked or tagged in a manner prescribed by the Fish and

5361

Wildlife Conservation Commission; and the owner or operator of

5362

such private game preserve or farm shall report to the said

5363

commission, on blanks to be furnished by it, each sale or

5364

shipment of domestic game, such reports showing the quantity and

5365

kind of game shipped or sold and to whom sold. Such report shall

5366

be made not later than 5 days following such sale or shipment.

5367

Game reared or produced as aforesaid may be served as such by

5368

hotels, restaurants, or other public eating places during the

5369

open season provided by law on such particular species of game,

5370

under such regulations as the commission may prescribe.

5371

(3) It is unlawful for any common carrier to knowingly

5372

transport or receive for transportation any domestic game unless

5373

the package or container containing such shipment has attached

5374

thereto a permit for such shipment and such package or container

5375

shall be marked on the outside showing quantity and kind of game

5376

enclosed.

5377

(4) Any person violating this section for the first

5378

offense commits a misdemeanor of the second degree, punishable

5379

as provided in s. 775.082 or s. 775.083, and for a second or

5380

subsequent offense commits a misdemeanor of the first degree,

5381

punishable as provided in s. 775.082 or s. 775.083. Any person

5382

convicted of violating this section shall forfeit to the

5383

commission any license issued under this section; and no further

5384

license shall be issued to such person for a period of 1 year

5385

following such conviction.

5386

Section 104. Subsections (3)and (4) of section 372.922,

5387

Florida Statutes, are renumbered as section 379.303, Florida

5388

Statutes, and amended to read:

5389

379.303 Classification of wildlife; seizure of captive

5390

wildlife.--

5391

(1)~~(3)~~ The commission shall promulgate rules defining

5392

Class I, Class II, and Class III types of wildlife. The

5393

commission shall also establish rules and requirements necessary

5394

to ensure that permits are granted only to persons qualified to

5395

possess and care properly for wildlife and that permitted

5396

wildlife possessed as personal pets will be maintained in

5397

sanitary surroundings and appropriate neighborhoods.

5398

(2)~~(4)~~ In instances where wildlife is seized or taken into

5399

custody by the commission, said owner or possessor of such

5400

wildlife shall be responsible for payment of all expenses

5401

relative to the capture, transport, boarding, veterinary care,

5402

or other costs associated with or incurred due to seizure or

5403

custody of wildlife. Such expenses shall be paid by said owner

5404

or possessor upon any conviction or finding of guilt of a

5405

criminal or noncriminal violation, regardless of adjudication or

5406

plea entered, of any provision of chapter 828 or this chapter,

5407

or rule of the commission or if such violation is disposed of

5408

under s. 921.187. Failure to pay such expense may be grounds for

5409

revocation or denial of permits to such individual to possess

5410

wildlife.

5411

Section 105. Subsections (4), (5), (6), (9), and (10) of

5412

section 372.921, Florida Statutes, are renumbered as section

5413

379.304, Florida Statutes, and amended to read:

5414

379.304 ~~372.921~~ Exhibition or sale of wildlife.--

5415

(1)~~(4)~~ Permits issued pursuant to this section and places

5416

where wildlife is kept or held in captivity shall be subject to

5417

inspection by officers of the commission at all times. The

5418

commission shall have the power to release or confiscate any

5419

specimens of any wildlife, specifically birds, mammals,

5420

amphibians, or reptiles, whether indigenous to the state or not,

5421

when it is found that conditions under which they are being

5422

confined are unsanitary, or unsafe to the public in any manner,

5423

or that the species of wildlife are being maltreated,

5424

mistreated, or neglected or kept in any manner contrary to the

5425

provisions of chapter 828, any such permit to the contrary

5426

notwithstanding. Before any such wildlife is confiscated or

5427

released under the authority of this section, the owner thereof

5428

shall have been advised in writing of the existence of such

5429

unsatisfactory conditions; the owner shall have been given 30

5430

days in which to correct such conditions; the owner shall have

5431

failed to correct such conditions; the owner shall have had an

5432

opportunity for a proceeding pursuant to chapter 120; and the

5433

commission shall have ordered such confiscation or release after

5434

careful consideration of all evidence in the particular case in

5435

question. The final order of the commission shall constitute

5436

final agency action.

5437

(2)~~(5)~~ In instances where wildlife is seized or taken into

5438

custody by the commission, said owner or possessor of such

5439

wildlife shall be responsible for payment of all expenses

5440

relative to the capture, transport, boarding, veterinary care,

5441

or other costs associated with or incurred due to seizure or

5442

custody of wildlife. Such expenses shall be paid by said owner

5443

or possessor upon any conviction or finding of guilt of a

5444

criminal or noncriminal violation, regardless of adjudication or

5445

plea entered, of any provision of chapter 828 or this chapter,

5446

or rule of the commission or if such violation is disposed of

5447

under s. 921.187. Failure to pay such expense may be grounds for

5448

revocation or denial of permits to such individual to possess

5449

wildlife.

5450

(3)~~(6)~~ Any animal on exhibit of a type capable of

5451

contracting or transmitting rabies shall be immunized against

5452

rabies.

5453

(4)~~(9)~~ The commission is authorized to adopt rules

5454

pursuant to ss. 120.536(1) and 120.54 to implement the

5455

provisions of this section.

5456

(5)~~(10)~~ A violation of this section is punishable as

5457

provided by s. 379.401 ~~372.83~~.

5458

Section 106. Section 372.92, Florida Statutes, is

5459

renumbered as section 379.305, Florida Statutes, and amended to

5460

read:

5461

379.305 ~~372.92~~ Rules and regulations; penalties.--

5462

(1) The Fish and Wildlife Conservation Commission may

5463

prescribe such other rules and regulations as it may deem

5464

necessary to prevent the escape of venomous reptiles or reptiles

5465

of concern, either in connection of construction of such cages

5466

or otherwise to carry out the intent of ss. 379.372-379.374

5467

~~372.86-372.88~~.

5468

(2) A person who knowingly releases a nonnative venomous

5469

reptile or reptile of concern to the wild or who through gross

5470

negligence allows a nonnative venomous reptile or reptile of

5471

concern to escape commits a Level Three violation, punishable as

5472

provided in s. 379.4015 ~~372.935~~.

5473

Section 107. Section 372.673, Florida Statutes, is

5474

renumbered as section 379.3061, Florida Statutes, to read:

5475

379.3061 ~~372.673~~ Florida Panther Technical Advisory

5476

Council.--

5477

(1) The Florida Panther Technical Advisory Council is

5478

established within the Fish and Wildlife Conservation

5479

Commission. The council shall be appointed by the Governor and

5480

shall consist of seven members with technical knowledge and

5481

expertise in the research and management of large mammals.

5482

(a) Two members shall represent state or federal agencies

5483

responsible for management of endangered species; two members,

5484

who must have specific experience in the research and management

5485

of large felines or large mammals, shall be appointed from

5486

universities, colleges, or associated institutions; and three

5487

members, with similar expertise, shall be appointed from the

5488

public at large.

5489

(b) As soon as practicable after July 1, 1983, one member

5490

representing a state or federal agency and one member appointed

5491

from a university, college, or associated institution shall be

5492

appointed for terms ending August 1, 1985, and the remaining

5493

members shall be appointed for terms ending August 1, 1987.

5494

Thereafter, all appointments shall be for 4-year terms. If a

5495

vacancy occurs, a member shall be appointed for the remainder of

5496

the unexpired term. A member whose term has expired shall

5497

continue sitting on the council with full rights until a

5498

replacement has been appointed.

5499

5500

112.061 but shall receive no additional compensation or

5501

honorarium.

5502

(2) The purposes of the council are:

5503

(a) To serve in an advisory capacity to the Fish and

5504

Wildlife Conservation Commission on technical matters of

5505

relevance to the Florida panther recovery program, and to

5506

recommend specific actions that should be taken to accomplish

5507

the purposes of this act.

5508

(b) To review and comment on research and management

5509

programs and practices to identify potential harm to the Florida

5510

panther population.

5511

5512

of the status and development of the Florida panther recovery

5513

program.

5514

Section 108. Section 372.5714, Florida Statutes, is

5515

renumbered as section 379.3062, Florida Statutes, and amended to

5516

read:

5517

379.3062 ~~372.5714~~ Waterfowl Advisory Council.--

5518

(1) There is created a Waterfowl Advisory Council

5519

consisting of three members, one appointed by the Governor, one

5520

appointed by the Speaker of the House of Representatives, and

5521

one appointed by the President of the Senate. Members may be

5522

representative of appropriate state agencies, private

5523

conservation groups, or private citizens and shall possess

5524

knowledge and experience in the area of waterfowl management and

5525

protection. Members shall be appointed for 4-year, staggered

5526

terms and shall be eligible for reappointment. A vacancy shall

5527

be filled by appointment for the remainder of the unexpired

5528

term.

5529

(2) The council shall meet at least once a year either in

5530

person or by a telephone conference call, shall elect a chair

5531

annually to preside over its meetings and perform any other

5532

duties directed by the council, and shall maintain minutes of

5533

each meeting. All records of council activities shall be kept on

5534

file with the Fish and Wildlife Conservation Commission and

5535

shall be made available to any interested person. The Fish and

5536

Wildlife Conservation Commission shall provide such staff

5537

support as is necessary to the council to carry out its duties.

5538

Members of the council shall serve without compensation, but

5539

shall be reimbursed for per diem and travel expenses as provided

5540

in s. 112.061 when carrying out the official business of the

5541

council.

5542

(3) It shall be the duty of the council to advise the

5543

commission regarding the administration of revenues generated by

5544

the sale of the Florida waterfowl permit provided for by s.

5545

379.2211 ~~372.5712~~. In particular, the council shall consult with

5546

and advise the commission with respect to the establishment and

5547

operation of projects for the protection and propagation of

5548

migratory waterfowl and the development, restoration,

5549

maintenance, and preservation of wetlands within the state, to

5550

be financed by such revenues as specified in said section.

5551

Section 109. Section 372.992, Florida Statutes, is

5552

renumbered as section 379.3063, Florida Statutes, to read:

5553

379.3063 ~~372.992~~ Nongame Wildlife Advisory Council.--

5554

(1) There is created the Nongame Wildlife Advisory

5555

Council, which shall consist of the following 11 members

5556

appointed by the Governor: one representative each from the Fish

5557

and Wildlife Conservation Commission, the Department of

5558

Environmental Protection, and the United States Fish and

5559

Wildlife Services; the director of the Florida Museum of Natural

5560

History or her or his designee; one representative from a

5561

professional wildlife organization; one representative from a

5562

private wildlife institution; one representative from a Florida

5563

university or college who has expertise in nongame biology; one

5564

representative of business interests from a private consulting

5565

firm who has expertise in nongame biology; one representative of

5566

a statewide organization of landowner interests; and two members

5567

from conservation organizations. All appointments shall be for

5568

4-year terms. Members shall be eligible for reappointment.

5569

(2) The council shall recommend to the commission

5570

policies, objectives, and specific actions for nongame wildlife

5571

research and management.

5572

(3) Members of the council shall receive no compensation

5573

but shall be entitled to receive per diem and travel expenses as

5574

provided in s. 112.061, while carrying out official business

5575

with the council, from funds provided under s. 379.209 ~~372.991~~.

5576

Section 110. Part V of chapter 379, Florida Statutes,

5577

consisting of sections 379.33, 379.3311, 379.3312, 379.3313,

5578

379.332, 379.333, 379.334, 379.335, 379.336, 379.337, 379.338,

5579

379.339, 379.340, 379.341, 379.342, and 379.343, is created to

5580

read:

5581

PART V

5582

LAW ENFORCEMENT

5583

5584

Section 111. Section 370.028, Florida Statutes, is

5585

renumbered as section 379.33, Florida Statutes, and amended to

5586

read:

5587

379.33 ~~370.028~~ Enforcement of commission rules; penalties

5588

for violation of rule.--Rules of the Fish and Wildlife

5589

Conservation Commission shall be enforced by any law enforcement

5590

officer certified pursuant to s. 943.13. Except as provided

5591

under s. 379.401 ~~372.83~~, any person who violates or otherwise

5592

fails to comply with any rule adopted by the commission shall be

5593

punished pursuant to s. 379.407 (1) ~~370.021(1)~~.

5594

Section 112. Section 372.07, Florida Statutes, is

5595

renumbered as section 379.3311, Florida Statutes, to read:

5596

379.3311 ~~372.07~~ Police powers of commission and its

5597

agents.--

5598

(1) The Fish and Wildlife Conservation Commission, the

5599

executive director and the executive director's assistants

5600

designated by her or him, and each wildlife officer are

5601

constituted peace officers with the power to make arrests for

5602

violations of the laws of this state when committed in the

5603

presence of the officer or when committed on lands under the

5604

supervision and management of the commission. The general laws

5605

applicable to arrests by peace officers of this state shall also

5606

be applicable to said director, assistants, and wildlife

5607

officers. Such persons may enter upon any land or waters of the

5608

state for performance of their lawful duties and may take with

5609

them any necessary equipment, and such entry shall not

5610

constitute a trespass.

5611

(2) Such officers shall have power and authority to

5612

enforce throughout the state all laws relating to game, nongame

5613

birds, fish, and fur-bearing animals and all rules and

5614

regulations of the Fish and Wildlife Conservation Commission

5615

relating to wild animal life, marine life, and freshwater

5616

aquatic life, and in connection with said laws, rules, and

5617

regulations, in the enforcement thereof and in the performance

5618

of their duties thereunder, to:

5619

(a) Go upon all premises, posted or otherwise;

5620

(b) Execute warrants and search warrants for the violation

5621

of said laws;

5622

5623

investigation, and trial of all offenses against said laws;

5624

(d) Carry firearms or other weapons, concealed or

5625

otherwise, in the performance of their duties;

5626

(e) Arrest upon probable cause without warrant any person

5627

found in the act of violating any of the provisions of said laws

5628

or, in pursuit immediately following such violations, to examine

5629

any person, boat, conveyance, vehicle, game bag, game coat, or

5630

other receptacle for wild animal life, marine life, or

5631

freshwater aquatic life, or any camp, tent, cabin, or roster, in

5632

the presence of any person stopping at or belonging to such

5633

camp, tent, cabin, or roster, when said officer has reason to

5634

believe, and has exhibited her or his authority and stated to

5635

the suspected person in charge the officer's reason for

5636

believing, that any of the aforesaid laws have been violated at

5637

such c

5638

(f) Secure and execute search warrants and in pursuance

5639

thereof to enter any building, enclosure, or car and to break

5640

open, when found necessary, any apartment, chest, locker, box,

5641

trunk, crate, basket, bag, package, or container and examine the

5642

contents thereof;

5643

(g) Seize and take possession of all wild animal life,

5644

marine life, or freshwater aquatic life taken or in possession

5645

or under control of, or shipped or about to be shipped by, any

5646

person at any time in any manner contrary to said laws.

5647

(3) It is unlawful for any person to resist an arrest

5648

authorized by this section or in any manner to interfere, either

5649

by abetting, assisting such resistance, or otherwise interfering

5650

with said executive director, assistants, or wildlife officers

5651

while engaged in the performance of the duties imposed upon them

5652

by law or regulation of the Fish and Wildlife Conservation

5653

Commission.

5654

(4) Upon final disposition of any alleged offense for

5655

which a citation for any violation of this chapter or the rules

5656

of the commission has been issued, the court shall, within 10

5657

days after the final disposition of the action, certify the

5658

disposition to the commission.

5659

Section 113. Section 372.071, Florida Statutes, is

5660

renumbered as section 379.3312, Florida Statutes, and amended to

5661

read:

5662

379.3312 ~~372.071~~ Powers of arrest by agents of Department

5663

of Environmental Protection or Fish and Wildlife Conservation

5664

Commission.--Any certified law enforcement officer of the

5665

Department of Environmental Protection or the Fish and Wildlife

5666

Conservation Commission, upon receiving information, relayed to

5667

her or him from any law enforcement officer stationed on the

5668

ground, on the water, or in the air, that a driver, operator, or

5669

occupant of any vehicle, boat, or airboat has violated any

5670

section of chapter 327, chapter 328, ~~chapter 370,~~ or this

5671

chapter, or s. 597.010 or s. 597.020, may arrest the driver,

5672

operator, or occupant for violation of said laws when reasonable

5673

and proper identification of the vehicle, boat, or airboat and

5674

reasonable and probable grounds to believe that the driver,

5675

operator, or occupant has committed or is committing any such

5676

offense have been communicated to the arresting officer by the

5677

other officer stationed on the ground, on the water, or in the

5678

air.

5679

Section 114. Subsection(8) of section 370.021, Florida

5680

Statutes, is renumbered as section 379.3313, Florida Statutes,

5681

and amended to read:

5682

379.3313 Powers of commission law enforcement officers.--

5683

~~(8) POWERS OF OFFICERS.--~~

5684

(1)~~(a)~~ Law enforcement officers of the commission are

5685

constituted law enforcement officers of this state with full

5686

power to investigate and arrest for any violation of the laws of

5687

this state and the rules of the commission under their

5688

jurisdiction. The general laws applicable to arrests by peace

5689

officers of this state shall also be applicable to law

5690

enforcement officers of the commission. Such law enforcement

5691

officers may enter upon any land or waters of the state for

5692

performance of their lawful duties and may take with them any

5693

necessary equipment, and such entry will not constitute a

5694

trespass. It is lawful for any boat, motor vehicle, or aircraft

5695

owned or chartered by the commission or its agents or employees

5696

to land on and depart from any of the beaches or waters of the

5697

state. Such law enforcement officers have the authority, without

5698

warrant, to board, inspect, and search any boat, fishing

5699

appliance, storage or processing plant, fishhouse, spongehouse,

5700

oysterhouse, or other warehouse, building, or vehicle engaged in

5701

transporting or storing any fish or fishery products. Such

5702

authority to search and inspect without a search warrant is

5703

limited to those cases in which such law enforcement officers

5704

have reason to believe that fish or any saltwater products are

5705

taken or kept for sale, barter, transportation, or other

5706

purposes in violation of laws or rules promulgated under this

5707

law. Any such law enforcement officer may at any time seize or

5708

take possession of any saltwater products or contraband which

5709

have been unlawfully caught, taken, or processed or which are

5710

unlawfully possessed or transported in violation of any of the

5711

laws of this state or any rule of the commission. Such law

5712

enforcement officers may arrest any person in the act of

5713

violating any of the provisions of this law, the rules of the

5714

commission, or any of the laws of this state. It is hereby

5715

declared unlawful for any person to resist such arrest or in any

5716

manner interfere, either by abetting or assisting such

5717

resistance or otherwise interfering, with any such law

5718

enforcement officer while engaged in the performance of the

5719

duties imposed upon him or her by law or rule of the commission.

5720

(2)~~(b)~~ The Legislature finds that the checking and

5721

inspection of saltwater products aboard vessels is critical to

5722

good fishery management and conservation and that, because

5723

almost all saltwater products are either iced or cooled in

5724

closed areas or containers, the enforcement of seasons, size

5725

limits, and bag limits can only be effective when inspection of

5726

saltwater products so stored is immediate and routine.

5727

Therefore, in addition to the authority granted in subsection

5728

(1), a law enforcement officer of the commission who has

5729

probable cause to believe that the vessel has been used for

5730

fishing prior to the inspection shall have full authority to

5731

open and inspect all containers or areas where saltwater

5732

products are normally kept aboard vessels while such vessels are

5733

on the water, such as refrigerated or iced locations, coolers,

5734

fish boxes, and bait wells, but specifically excluding such

5735

containers that are located in sleeping or living areas of the

5736

vessel.

5737

Section 115. Section 372.70, Florida Statutes, is

5738

renumbered as section 379.332, Florida Statutes, to read:

5739

379.332 ~~372.70~~ Prosecutions; state attorney to represent

5740

state.--

5741

(1) The prosecuting officers of the several courts of

5742

criminal jurisdiction of this state shall investigate and

5743

prosecute all violations of the laws relating to game,

5744

freshwater fish, nongame birds, and fur-bearing animals which

5745

may be brought to their attention by the commission or its

5746

conservation officers, or which may otherwise come to their

5747

knowledge.

5748

(2) The state attorney shall represent the state in any

5749

forfeiture proceeding under this chapter. The Department of

5750

Legal Affairs shall represent the state in all appeals from

5751

judgments of forfeiture to the Supreme Court. The state may

5752

appeal any judgment denying forfeiture in whole or in part that

5753

may be otherwise adverse to the state.

5754

Section 116. Section 372.701, Florida Statutes, is

5755

renumbered as section 379.333, Florida Statutes, to read:

5756

379.333 ~~372.701~~ Arrest by officers of the Fish and

5757

Wildlife Conservation Commission; recognizance; cash bond;

5758

citation.--

5759

(1) In all cases of arrest by officers of the Fish and

5760

Wildlife Conservation Commission and the Department of

5761

Environmental Protection, the person arrested shall be delivered

5762

forthwith by said officer to the sheriff of the county, or shall

5763

obtain from such person arrested a recognizance or, if deemed

5764

necessary, a cash bond or other sufficient security conditioned

5765

for her or his appearance before the proper tribunal of such

5766

county to answer the charge for which the person has been

5767

arrested.

5768

(2) All officers of the commission and the department are

5769

hereby directed to deliver all bonds accepted and approved by

5770

them to the sheriff of the county in which the offense is

5771

alleged to have been committed.

5772

(3) Any person so arrested and released on her or his own

5773

recognizance by an officer and who shall fail to appear or

5774

respond to the proper citation to appear, shall, in addition to

5775

the charge relating to wildlife or freshwater fish, be charged

5776

with that offense of failing to respond to such citation and,

5777

upon conviction, be punished as for a misdemeanor. A written

5778

warning to this effect shall be given at the time of arrest of

5779

such person.

5780

Section 117. Section 372.76, Florida Statutes, is

5781

renumbered as section 379.334, Florida Statutes, to read:

5782

379.334 ~~372.76~~ Search and seizure authorized and

5783

limited.--The Fish and Wildlife Conservation Commission and its

5784

conservation officers shall have authority when they have

5785

reasonable and probable cause to believe that the provisions of

5786

this chapter have been violated, to board any vessel, boat, or

5787

vehicle or to enter any fishhouse or warehouse or other

5788

building, exclusive of residence, in which game, hides, fur-

5789

bearing animals, fish, or fish nets are kept and to search for

5790

and seize any such game, hides, fur-bearing animals, fish, or

5791

fish nets had or held therein in violation of law. Provided,

5792

however, that no search without warrant shall be made under any

5793

of the provisions of this chapter, unless the officer making

5794

such search has such information from a reliable source as would

5795

lead a prudent and cautious person to believe that some

5796

provision of this chapter is being violated.

5797

Section 118. Section 372.761, Florida Statutes, is

5798

renumbered as section 379.335, Florida Statutes, to read:

5799

379.335 ~~372.761~~ Issuance of warrant for search of private

5800

dwelling.--

5801

(1) A search warrant may be issued on application by a

5802

commissioned officer of the Fish and Wildlife Conservation

5803

Commission to search any private dwelling occupied as such when

5804

it is being used for the unlawful sale or purchase of wildlife

5805

or freshwater fish being unlawfully kept therein. The term

5806

"private dwelling" shall be construed to include the room or

5807

rooms used and occupied, not transiently but solely as a

5808

residence, in an apartment house, hotel, boardinghouse, or

5809

lodginghouse. No warrant for the search of any private dwelling

5810

shall be issued except upon probable cause supported by sworn

5811

affidavit of some creditable witness that she or he has reason

5812

to believe that the said conditions exist, which affidavit shall

5813

set forth the facts on which such reason for belief is based.

5814

(2) This section shall not be construed as being in

5815

conflict with, but is supplemental to, chapter 933.

5816

Section 119. Section 370.22, Florida Statutes, is

5817

renumbered as section 379.336, Florida Statutes, to read:

5818

379.336 ~~370.22~~ Venue for proceedings against citizens and

5819

residents charged with violations outside state boundaries.--

5820

(1) In any proceeding against a resident or citizen of the

5821

state to enforce the provisions of this chapter with respect to

5822

alleged violations occurring beyond the territorial waters of

5823

the state, the proper venue shall be the county within the state

5824

which is nearest the site of the violation.

5825

(2) For the purpose of this section, any person having

5826

embarked from, or having docked his or her vessel in, a port

5827

within this state who violates any provision of this chapter

5828

with respect to the unlawful landing of saltwater life, whether

5829

or not outside the territorial waters of the state, shall be

5830

considered a citizen of the state for the purpose of subjecting

5831

that person to the police powers of the state.

5832

Section 120. Section 370.061, Florida Statutes, is

5833

renumbered as section 379.337, Florida Statutes, and amended to

5834

read:

5835

379.337 ~~370.061~~ Confiscation, seizure, and forfeiture of

5836

property and products.--

5837

(1) SEIZURE, FORFEITURE; PROCEDURE.--Nothing in this

5838

subsection affects the commission's authority to confiscate in

5839

any case illegal saltwater products, illegally taken saltwater

5840

products, or illegal fishing gear in accordance with this

5841

section.

5842

(a) Property used in connection with a violation resulting

5843

in a conviction for the illegal taking, or attempted taking,

5844

sale, possession, or transportation of saltwater products is

5845

subject to seizure and forfeiture as part of the commission's

5846

efforts to protect the state's marine life. Saltwater products

5847

and seines, nets, boats, motors, other fishing devices or

5848

equipment, and vehicles or other means of transportation used or

5849

attempted to be used in connection with, as an instrumentality

5850

of, or in aiding and abetting such illegal taking or attempted

5851

taking are hereby declared to be nuisances.

5852

(b) Upon a conviction of a person in whose possession the

5853

property was found, the court having jurisdiction over the

5854

criminal offense, notwithstanding any jurisdictional limitations

5855

on the amount in controversy, may make a finding that the

5856

property was used in connection with a saltwater products

5857

violation and may order such property forfeited to the

5858

commission.

5859

5860

with respect to a first time offender under this chapter for

5861

whom adjudication is withheld, is any disposition other than

5862

acquittal or dismissal.

5863

(2) SEIZURE, FORFEITURE; NOTICE.--The requirement for a

5864

conviction before forfeiture of property establishes to the

5865

exclusion of any reasonable doubt that the property was used in

5866

connection with the violation resulting in conviction. Prior to

5867

the issuance of a forfeiture order for any vessel, vehicle, or

5868

other property under subsection (1), the commission shall seize

5869

the property and notify the registered owner, if any, that the

5870

property has been seized by the commission. Except as provided

5871

in subsection (6), the procedures of chapter 932 do not apply to

5872

any seizure or forfeiture of property under this section.

5873

(a) Notification of property seized under this section

5874

must be sent by certified mail to a registered owner within 14

5875

days after seizure. If the commission, after diligent inquiry,

5876

cannot ascertain the registered owner, the notice requirement is

5877

satisfied.

5878

(b) Upon a first conviction for a violation under this

5879

chapter, the property seized under this section shall be

5880

returned to the registered owner if the commission fails to

5881

prove by a preponderance of the evidence before the court having

5882

jurisdiction over the criminal offense that the registered owner

5883

aided in, abetted in, participated in, gave consent to, knew of,

5884

or had reason to know of the violation.

5885

5886

under this chapter, the burden shall be on the registered owner

5887

to prove by a preponderance of the evidence before the court

5888

having jurisdiction over the criminal offense that the

5889

registered owner in no way aided in, abetted in, participated

5890

in, knew of, or had reason to know of the second or subsequent

5891

violation which resulted in seizure of the lawful property.

5892

(d) Any request for a hearing from a registered owner

5893

asserting innocence to recover property seized under these

5894

provisions must be sent to the commission's Division of Law

5895

Enforcement within 21 days after the registered owner's receipt

5896

of the notice of seizure. If a request for a hearing is not

5897

timely received, the court shall forfeit to the commission the

5898

right to, title to, and interest in the property seized, subject

5899

only to the rights and interests of bona fide lienholders.

5900

(e) If a motor vehicle is seized under this section and is

5901

subject to any existing liens recorded under s. 319.27, all

5902

further proceedings shall be governed by the expressed intent of

5903

the Legislature not to divest any innocent person, firm, or

5904

corporation holding such a recorded lien of any of its

5905

reversionary rights in such motor vehicle or of any of its

5906

rights as prescribed in s. 319.27, and upon any default by the

5907

violator purchaser, the lienholder may foreclose its lien and

5908

take possession of the motor vehicle involved.

5909

(3) COURT ORDER OF FORFEITURE.--When any illegal or

5910

illegally used seine, net, trap, or other fishing device or

5911

equipment, or illegally taken, possessed, or transported

5912

saltwater products, are found and taken into custody, and the

5913

owner thereof is not known to the officer finding the item or

5914

items, such officer shall immediately procure from the county

5915

court judge of the county wherein the item or items were found

5916

an order forfeiting the illegally used or illegally taken

5917

saltwater products, seines, nets, traps, boats, motors, or other

5918

fishing devices to the commission.

5919

(4) DESTRUCTION OR DISPOSITION OF PROPERTY.--All property

5920

forfeited under this section may be destroyed, used by the

5921

commission, disposed of by gift to charitable or state

5922

institutions, or sold, with the proceeds derived from the sale

5923

deposited into the Marine Resources Conservation Trust Fund to

5924

be used for law enforcement purposes~~, or into the commission's~~

5925

~~Federal Law Enforcement Trust Fund as provided in s. 372.107, as~~

5926

~~applicable~~.

5927

(5) CONFISCATION AND SALE OF PERISHABLE SALTWATER

5928

PRODUCTS; PROCEDURE.--

5929

(a) When an arrest is made pursuant to the provisions of

5930

this chapter and illegal, perishable saltwater products or

5931

saltwater products illegally taken or landed are confiscated,

5932

the defendant may post bond or cash deposit in an amount

5933

determined by the judge to be the fair value of such confiscated

5934

products. The defendant shall have 24 hours to transport the

5935

products outside the limits of Florida for sale or other

5936

disposition. Should no bond or cash deposit be given within the

5937

time fixed by the judge, the judge shall order the sale of the

5938

confiscated saltwater products at the highest price obtainable.

5939

When feasible, at least three bids shall be requested.

5940

(b) Moneys received from the sale of confiscated saltwater

5941

products, either by the defendant or by order of the court,

5942

shall be received by the judge and shall be remitted to the

5943

commission to be deposited into a special escrow account in the

5944

State Treasury to be held in trust pending the outcome of the

5945

trial of the defendant. If bond is posted by the defendant, it

5946

shall also be remitted to the commission to be held in escrow

5947

pending the outcome of the trial of the defendant.

5948

5949

the bond or cash deposit required by this subsection shall be

5950

returned to the defendant. In the event of a conviction, the

5951

proceeds of a sale or the bond or cash deposit required by this

5952

subsection shall be deposited into the Marine Resources

5953

Conservation Trust Fund to be used for law enforcement purposes

5954

~~or into the commission's Federal Law Enforcement Trust Fund as~~

5955

~~provided in s. 372.107, as applicable~~. Such deposit into the

5956

Marine Resources Conservation Trust Fund ~~or the Federal Law~~

5957

~~Enforcement Trust Fund~~ shall constitute confiscation.

5958

(d) For purposes of confiscation under this subsection,

5959

the term "saltwater products" has the meaning set out in s.

5960

379.101(36) ~~370.01(27)~~, except that the term does not include

5961

saltwater products harvested under the authority of a

5962

recreational license unless the amount of such harvested

5963

products exceeds three times the applicable recreational bag

5964

limit for trout, snook, or redfish.

5965

(6) MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL

5966

FUNDING.--

5967

(a) Any municipal or county law enforcement agency that

5968

enforces or assists the commission in enforcing the provisions

5969

of this chapter, which results in a forfeiture of property as

5970

provided in this section, shall be entitled to receive all or a

5971

share of any property based upon its participation in such

5972

enforcement.

5973

(b) If a municipal or county law enforcement agency has a

5974

marine enforcement unit, any property delivered to any municipal

5975

or county law enforcement agency as provided in paragraph (a)

5976

may be retained or sold by the municipal or county law

5977

enforcement agency, and the property or proceeds shall be used

5978

to enforce the provisions of this chapter and chapters 327 and

5979

328. If a municipal or county law enforcement agency does not

5980

have a marine enforcement unit, such property or proceeds shall

5981

be disposed of under the provisions of chapter 932.

5982

5983

enforcement agency pursuant to this subsection shall be

5984

supplemental funds and may not be used as replacement funds by

5985

the municipality or county.

5986

Section 121. Section 372.73, Florida Statutes, is

5987

renumbered as section 379.338, Florida Statutes, and amended to

5988

read:

5989

379.338 ~~372.73~~ Confiscation and disposition of illegally

5990

taken game.--All game and freshwater fish seized under the

5991

authority of this chapter shall, upon conviction of the offender

5992

or sooner if the court so orders, be forfeited and given to some

5993

hospital or charitable institution and receipt therefor sent to

5994

the Fish and Wildlife Conservation Commission. All furs or hides

5995

or fur-bearing animals seized under the authority of this

5996

chapter shall, upon conviction of the offender, be forfeited and

5997

sent to the commission, which shall sell the same and deposit

5998

the proceeds of such sale to the credit of the State Game Trust

5999

Fund ~~or into the commission's Federal Law Enforcement Trust Fund~~

6000

~~as provided in s. 372.107, as applicable~~. If any such hides or

6001

furs are seized and the offender is unknown, the court shall

6002

order such hides or furs sent to the Fish and Wildlife

6003

Conservation Commission, which shall sell such hides and furs

6004

and deposit the proceeds of such sale to the credit of the State

6005

Game Trust Fund ~~or into the commission's Federal Law Enforcement~~

6006

~~Trust Fund as provided in s. 372.107, as applicable~~.

6007

Section 122. Section 372.9901, Florida Statutes, is

6008

renumbered as section 379.339, Florida Statutes, and amended to

6009

read:

6010

379.339 ~~372.9901~~ Seizure of illegal hunting devices;

6011

disposition; notice; forfeiture.--In order to protect the

6012

state's wildlife resources, any vehicle, vessel, animal, gun,

6013

light, or other hunting device used or attempted to be used in

6014

connection with, as an instrumentality of, or in aiding and

6015

abetting in the commission of an offense prohibited by s.

6016

379.404 ~~372.99~~ is subject to seizure and forfeiture. The

6017

provisions of chapter 932 do not apply to any seizure or

6018

forfeiture under this section. For purposes of this section, a

6019

conviction is any disposition other than acquittal or dismissal.

6020

(1)(a) Upon a first conviction of the person in whose

6021

possession the property was found, the court having jurisdiction

6022

over the criminal offense, notwithstanding any jurisdictional

6023

limitations on the amount in controversy, may make a finding

6024

that the property was used in connection with a violation of s.

6025

379.404 ~~372.99~~. Upon such finding, the court may order the

6026

property forfeited to the commission.

6027

(b) Upon a second or subsequent conviction of a person in

6028

whose possession the property was found for a violation of s.

6029

379.404 ~~372.99~~, the court shall order the forfeiture to the

6030

commission of any property used in connection with that

6031

violation.

6032

(2) The requirement for a conviction before forfeiture

6033

establishes, to the exclusion of any reasonable doubt, that the

6034

property was used in connection with that violation. Prior to

6035

the issuance of a forfeiture order for any vessel, vehicle, or

6036

other property under subsection (1), the commission shall seize

6037

the property and notify the registered owner, if any, that the

6038

property has been seized by the commission.

6039

(3) Notification of property seized under this section

6040

must be sent by certified mail to a registered owner within 14

6041

days after seizure. If the commission, after diligent inquiry,

6042

cannot ascertain the registered owner, the notice requirement is

6043

satisfied.

6044

(4)(a) For a first conviction of an offense under s.

6045

379.404 ~~372.99~~, property seized by the commission shall be

6046

returned to the registered owner if the commission fails to

6047

prove by a preponderance of the evidence before the court having

6048

jurisdiction over the criminal offense that the registered owner

6049

aided in, abetted in, participated in, gave consent to, knew of,

6050

or had reason to know of the offense.

6051

(b) Upon a second or subsequent conviction for an offense

6052

under s. 379.404 ~~372.99~~, the burden shall be on the registered

6053

owner to prove by a preponderance of the evidence before the

6054

court having jurisdiction over the criminal offense that the

6055

registered owner in no way aided in, abetted in, participated

6056

in, knew of, or had reason to know of the second offense which

6057

resulted in seizure of the lawful property.

6058

6059

asserting innocence to recover property seized under these

6060

provisions must be sent to the commission's Division of Law

6061

Enforcement within 21 days after the registered owner's receipt

6062

of the notice of seizure. If a request for a hearing is not

6063

timely received, the court shall forfeit to the commission the

6064

right to, title to, and interest in the property seized, subject

6065

only to the rights and interests of bona fide lienholders.

6066

(5) All amounts received from the sale or other

6067

disposition of the property shall be paid into the State Game

6068

Trust Fund ~~or into the commission's Federal Law Enforcement~~

6069

~~Trust Fund as provided in s. 372.107, as applicable~~. If the

6070

property is not sold or converted, it shall be delivered to the

6071

executive director of the commission.

6072

Section 123. Section 372.9904, Florida Statutes, is

6073

renumbered as section 379.3395, Florida Statutes, and amended to

6074

read:

6075

379.3395 ~~372.9904~~ Seizure of illegal transportation

6076

devices; disposition; appraisal; forfeiture.--

6077

(1) Any vehicle, vessel, or other transportation device

6078

used in the commission of the offense prohibited by s. 379.406

6079

~~372.9903~~, except a vehicle, vessel, or other transportation

6080

device duly registered as a common carrier and operated in

6081

lawful transaction of business as such carrier, shall be seized

6082

by the arresting officer, who shall promptly make return of the

6083

seizure and deliver the property to the director of the Fish and

6084

Wildlife Conservation Commission. The return shall describe the

6085

property seized and recite in detail the facts and circumstances

6086

under which it was seized, together with the reason that the

6087

property was subject to seizure. The return shall also contain

6088

the names of all persons known to the officer to be interested

6089

in the property.

6090

(2) The commission, upon receipt of the property, shall

6091

promptly fix its value and make return thereof to the clerk of

6092

the circuit court of the county wherein the article was seized;

6093

after which, on proper showing of ownership of the property by

6094

someone other than the person arrested, the property shall be

6095

returned by the court to the said owner.

6096

(3) Upon conviction of the violator, the property, if

6097

owned by the person convicted, shall be forfeited to the state

6098

under the procedure set forth in ss. 379.337 and 379.362 ~~370.061~~

6099

~~and 370.07~~, when not inconsistent with this section. All amounts

6100

received from the sale or other disposition of the property

6101

shall be paid into the State Game Trust Fund ~~or into the~~

6102

~~commission's Federal Law Enforcement Trust Fund as provided in~~

6103

~~s. 372.107, as applicable~~. If the property is not sold or

6104

converted, it shall be delivered to the director of the Fish and

6105

Wildlife Conservation Commission.

6106

Section 124. Section 372.99021, Florida Statutes, is

6107

renumbered as section 379.341, Florida Statutes, to read:

6108

379.341 ~~372.99021~~ Disposition of illegal fishing devices;

6109

exercise of police power.--

6110

(1) In all cases of arrest and conviction for use of

6111

illegal nets or traps or fishing devices, as provided in this

6112

chapter, such illegal net, trap, or fishing device is declared

6113

to be a nuisance and shall be seized and carried before the

6114

court having jurisdiction of such offense and said court shall

6115

order such illegal trap, net, or fishing device forfeited to the

6116

commission immediately after trial and conviction of the person

6117

in whose possession they were found. When any illegal net, trap,

6118

or fishing device is found in the fresh waters of the state, and

6119

the owner of same shall not be known to the officer finding the

6120

same, such officer shall immediately procure from the county

6121

court judge an order forfeiting said illegal net, trap, or

6122

fishing device to the commission. The commission may destroy

6123

such illegal net, trap, or fishing device, if in its judgment

6124

said net, trap, or fishing device is not of value in the work of

6125

the department.

6126

(2) When any nets, traps, or fishing devices are found

6127

being used illegally as provided in this chapter, the same shall

6128

be seized and forfeited to the commission as provided in this

6129

chapter.

6130

(3) This section is necessary for the more efficient and

6131

proper enforcement of the statutes and laws of this state

6132

prohibiting the illegal use of nets, traps, or fishing devices

6133

and is a lawful exercise of the police power of the state for

6134

the protection of the public welfare, health, and safety of the

6135

people of the state. All the provisions of this section shall be

6136

liberally construed for the accomplishment of these purposes.

6137

Section 125. Section 372.9905, Florida Statutes, is

6138

renumbered as section 379.342, Florida Statutes, and amended to

6139

read:

6140

379.342 ~~372.9905~~ Applicability of ss. 379.339, 379.340,

6141

379.404, and 379.406 ~~372.99, 372.9901, 372.9903, and~~

6142

~~372.9904~~.--The provisions of ss. 379.339, 379.340, 379.404, and

6143

379.406 ~~372.99, 372.9901, 372.9903, and 372.9904~~ relating to

6144

seizure and forfeiture of animals or of vehicles, vessels, or

6145

other transportation devices do not vitiate any valid lien,

6146

retain title contract, or chattel mortgage on such animals or

6147

vehicles, vessels, or other transportation devices if such lien,

6148

retain title contract, or chattel mortgage is properly of public

6149

record at the time of the seizure.

6150

Section 126. Section 372.0715, Florida Statutes, is

6151

renumbered as section 379.343, Florida Statutes, to read:

6152

379.343 ~~372.0715~~ Rewards.--The Fish and Wildlife

6153

Conservation Commission is authorized to offer rewards in

6154

amounts of up to $500 to any person furnishing information

6155

leading to the arrest and conviction of any person who has

6156

inflicted or attempted to inflict bodily injury upon any

6157

wildlife officer engaged in the enforcement of the provisions of

6158

this chapter or the rules and regulations of the Fish and

6159

Wildlife Conservation Commission.

6160

Section 127. Part VI of chapter 379, Florida Statutes,

6161

consisting of sections 379.350, 379.3501, 379.3502, 379.3503,

6162

379.3504, 379.3511, 379.3512, 379.352, 379.353, 379.354,

6163

379.355, 379.356, 379.357, 379.3581, 379.3582, and 379.3582, is

6164

created to read:

6165

PART VI

6166

LICENSES FOR RECREATIONAL ACTIVITIES

6167

6168

Section 128. Section 372.5711, Florida Statutes, is

6169

renumbered as section 379.35, Florida Statutes, to read:

6170

379.35 ~~372.5711~~ Review of fees for licenses and permits;

6171

review of exemptions.--The fees for licenses and permits

6172

established under this chapter, and exemptions thereto, shall be

6173

reviewed by the Legislature during its regular session every 5

6174

years beginning in 2000.

6175

Section 129. Section 372.571, Florida Statutes, is

6176

renumbered as section 379.3501, Florida Statutes, and amended to

6177

read:

6178

379.3501 ~~372.571~~ Expiration of licenses and permits.--Each

6179

license or permit issued under this part ~~chapter~~ must be dated

6180

when issued. Each license or permit issued under this part

6181

~~chapter~~ remains valid for 12 months after the date of issuance,

6182

except for a lifetime license issued pursuant to s. 379.354

6183

~~372.57~~ which is valid from the date of issuance until the death

6184

of the individual to whom the license is issued unless otherwise

6185

revoked in accordance with s. 379.401 ~~372.83~~ or s. 379.404

6186

~~372.99~~, or a 5-year license issued pursuant to s. 379.354 ~~372.57~~

6187

which is valid for 5 consecutive years from the date of purchase

6188

unless otherwise revoked in accordance with s. 379.401 ~~372.83~~ or

6189

s. 379.404 ~~372.99~~, or a license issued pursuant to s.

6190

379.354(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.

6191

~~372.57(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.~~,

6192

which is valid for the period specified on the license. A

6193

resident lifetime license or a resident 5-year license that has

6194

been purchased by a resident of this state and who subsequently

6195

resides in another state shall be honored for activities

6196

authorized by that license.

6197

Section 130. Section 372.59, Florida Statutes, is

6198

renumbered as section 379.3502, Florida Statutes, and amended to

6199

read:

6200

379.3502 ~~372.59~~ License and permit not transferable.--A

6201

person may not alter or change in any manner, or loan or

6202

transfer to another, unless otherwise provided, any license or

6203

permit issued pursuant to the provisions of this chapter, nor

6204

may any other person, other than the person to whom it is

6205

issued, use the same.

6206

Section 131. Section 372.58, Florida Statutes, is

6207

renumbered as section 379.3503, Florida Statutes, and amended to

6208

read:

6209

379.3503 ~~372.58~~ False statement in application for license

6210

or permit.--Any person who swears or affirms to any false

6211

statement in any application for license or permit provided by

6212

this chapter, is guilty of violating this chapter, and shall be

6213

subject to the penalty provided in s. 379.401 ~~372.83~~, and any

6214

false statement contained in any application for such license or

6215

permit renders the license or permit void.

6216

Section 132. Section 372.581, Florida Statutes, is

6217

renumbered as section 379.3504, Florida Statutes, and amended to

6218

read:

6219

379.3504 ~~372.581~~ Entering false information on licenses or

6220

permits.--Whoever knowingly and willfully enters false

6221

information on, or allows or causes false information to be

6222

entered on or shown upon any license or permit issued under the

6223

provisions of this chapter in order to avoid prosecution or to

6224

assist another to avoid prosecution, or for any other wrongful

6225

purpose shall be punished as provided in s. 379.401 ~~372.83~~.

6226

Section 133. Section 372.574, Florida Statutes, is

6227

renumbered as section 379.3511, Florida Statutes, and amended to

6228

read:

6229

379.3511 ~~372.574~~ Appointment of subagents for the sale of

6230

hunting, fishing, and trapping licenses and permits.--

6231

(1) Subagents shall serve at the pleasure of the

6232

commission. The commission may establish, by rule, procedures

6233

for the selection and appointment of subagents. The following

6234

are requirements for subagents so appointed:

6235

(a) The commission may require each subagent to post an

6236

appropriate bond as determined by the commission, using an

6237

insurance company acceptable to the commission. In lieu of the

6238

bond, the commission may purchase blanket bonds covering all or

6239

selected subagents or may allow a subagent to post other

6240

security as required by the commission.

6241

(b) A subagent may sell licenses and permits as authorized

6242

by the commission at specific locations within the county and in

6243

states as will best serve the public interest and convenience in

6244

obtaining licenses and permits. The commission may prohibit

6245

subagents from selling certain licenses or permits.

6246

6247

permits for a fee or compensation of any kind unless he or she

6248

has been appointed as a subagent.

6249

(d) Any person who willfully violates any of the

6250

provisions of this section commits a misdemeanor of the second

6251

degree, punishable as provided in s. 775.082 or s. 775.083.

6252

(e) A subagent may charge and receive as his or her

6253

compensation 50 cents for each license or permit sold. This

6254

charge is in addition to the sum required by law to be collected

6255

for the sale and issuance of each license or permit.

6256

(f) A subagent shall submit payment for and report the

6257

sale of licenses and permits to the commission as prescribed by

6258

the commission.

6259

(2) The Fish and Wildlife Conservation Commission or any

6260

other law enforcement agency may carry out any investigation

6261

necessary to secure information required to carry out and

6262

enforce this section.

6263

(3) All social security numbers that are provided pursuant

6264

to ss. 379.352 and 379.354 ~~372.561 and 372.57~~ and are contained

6265

in records of any subagent appointed under this section are

6266

confidential as provided in those sections.

6267

Section 134. Section 372.551, Florida Statutes, is

6268

renumbered as section 379.3512, Florida Statutes, to read:

6269

379.3512 ~~372.551~~ Competitive bidding for certain sale of

6270

licenses and permits and the issuance of authorization

6271

numbers.--The commission is authorized to establish the

6272

following, using competitive bidding procedures:

6273

(1) A process and a vendor fee for the sale of licenses

6274

and permits, and the issuance of authorization numbers, over the

6275

telephone.

6276

(2) A process and a vendor fee for the electronic sale of

6277

licenses and permits and for the electronic issuance of

6278

authorization numbers.

6279

Section 135. Section 372.561, Florida Statutes, is

6280

renumbered as section 379.352, Florida Statutes, and amended to

6281

read:

6282

379.352 ~~372.561~~ Recreational licenses, permits, and

6283

authorization numbers to take wild animal life, freshwater

6284

aquatic life, and marine life; issuance; costs; reporting.--

6285

(1) This section applies to all recreational licenses and

6286

permits and to any authorization numbers issued by the

6287

commission for the use of such recreational licenses or permits.

6288

(2) The commission shall establish forms for the issuance

6289

of recreational licenses and permits.

6290

(3) The commission shall issue a license, permit, or

6291

authorization number to take wild animal life, freshwater

6292

aquatic life, or marine life when an applicant provides proof

6293

that she or he is entitled to such license, permit, or

6294

authorization number. Each applicant for a recreational license,

6295

permit, or authorization number shall provide her or his social

6296

security number on the application form. Disclosure of social

6297

security numbers obtained through this requirement shall be

6298

limited to the purposes of administration of the Title IV-D

6299

program for child support enforcement, use by the commission,

6300

and as otherwise provided by law.

6301

(4) Licenses and permits to take wild animal life,

6302

freshwater aquatic life, or marine life may be sold by the

6303

commission, by any tax collector in the state, or by any

6304

subagent authorized under s. 379.3511 ~~372.574~~.

6305

(5) In addition to any license or permit fee, the sum of

6306

$1.50 shall be charged for each license or management area

6307

permit, except for replacement licenses, to cover the cost of

6308

issuing such license or permit.

6309

(6)(a) The fee established pursuant to subsection (5)

6310

shall be distributed as follows:

6311

1. For each hunting license and freshwater fishing license

6312

sold by a tax collector, including the combination freshwater

6313

fishing and hunting license, the sportsman's license, and the

6314

gold sportsman's license, a tax collector may retain $1.00.

6315

2. For each management area permit sold by a tax

6316

collector, a tax collector may retain $1.00.

6317

3. For each saltwater fishing tag and saltwater fishing

6318

license sold by a tax collector, including the combination

6319

saltwater fishing and freshwater fishing license and the

6320

combination saltwater fishing, freshwater fishing, and hunting

6321

license, a tax collector may retain $1.50.

6322

4. For licenses and management area permits sold by

6323

subagents, a tax collector may retain 50 cents for each license

6324

sold in the tax collector's county.

6325

5. Any and all remaining fees shall be deposited in the

6326

State Game Trust Fund and shall be used to support an automated

6327

license system and administration of the license program.

6328

(b) Tax collectors shall remit license and permit revenue

6329

to the commission weekly.

6330

(7)(a) The sum of $10 shall be charged for each

6331

replacement lifetime license and $2 for all other replacement

6332

licenses and permits. A tax collector may retain $1.00 for each

6333

replacement license.

6334

(b) Fees collected from the issuance of replacement

6335

licenses shall be deposited in the State Game Trust Fund.

6336

(8) At each location where hunting, fishing, or trapping

6337

licenses or permits are sold, voter registration applications

6338

shall be displayed and made available to the public. Subagents

6339

shall ask each person who applies for a hunting, fishing, or

6340

trapping license or permit if he or she would like a voter

6341

registration application and may provide such application to the

6342

license or permit applicant but shall not assist such persons

6343

with voter registration applications or collect complete or

6344

incomplete voter registration applications.

6345

(9) Except as provided in subsections (8) and (12), each

6346

person who applies for a hunting, fishing, or trapping license

6347

or permit shall be asked if he or she would like the appropriate

6348

supervisor of elections to provide a voter registration

6349

application to the applicant at a later date. If at the time a

6350

license is purchased the applicant indicates that he or she

6351

would like to receive a voter registration application, the

6352

commission shall, within 7 days, make the request available to

6353

the appropriate supervisor of elections or voter registration

6354

agency so that an application may be sent to the applicant.

6355

Supervisors of elections shall mail an application to each

6356

person requesting such application within 5 business days after

6357

receipt of the request.

6358

(10) The commission may satisfy the requirements of

6359

subsection (9) by providing access to an Internet site with the

6360

voter registration information included thereon.

6361

(11) When acting in its official capacity pursuant to this

6362

section, neither the commission nor a subagent is deemed a

6363

third-party registration organization, as defined in s.

6364

97.021(36), or a voter registration agency, as defined in s.

6365

97.021(40), and is not authorized to solicit, accept, or collect

6366

voter registration applications or provide voter registration

6367

services.

6368

(12) Each person who applies for a hunting, fishing, or

6369

trapping license or permit on the Internet shall be provided a

6370

link to the Department of State's online uniform statewide voter

6371

registration application.

6372

(13) The commission, any tax collector in this state, or

6373

any subagent authorized to sell licenses and permits under s.

6374

379.3511 ~~372.574~~ may request and collect donations when selling

6375

a recreational license or permit authorized under s. 379.354

6376

~~372.57~~. All donations collected under this subsection shall be

6377

deposited into the State Game Trust Fund to be used solely for

6378

the purpose of enhancing youth hunting and youth freshwater and

6379

saltwater fishing programs. By January 1, the commission shall

6380

provide a complete and detailed annual report on the status of

6381

its youth programs and activities performed under this

6382

subsection to the Governor, the President of the Senate, and the

6383

Speaker of the House of Representatives.

6384

(14) The commission is authorized to adopt rules pursuant

6385

to ss. 120.536(1) and 120.54 to implement the provisions of this

6386

section.

6387

Section 136. Section 372.562, Florida Statutes, is

6388

renumbered as section 379.353, Florida Statutes, and amended to

6389

read:

6390

379.353 ~~372.562~~ Recreational licenses and permits;

6391

exemptions from fees and requirements.--

6392

(1) Hunting, freshwater fishing, and saltwater fishing

6393

licenses and permits shall be issued without fee to any resident

6394

who is certified or determined:

6395

(a) To be totally and permanently disabled for purposes of

6396

workers' compensation under chapter 440 as verified by an order

6397

of a judge of compensation claims or written confirmation by the

6398

carrier providing workers' compensation benefits, or to be

6399

totally and permanently disabled by the Railroad Retirement

6400

Board, by the United States Department of Veterans Affairs or

6401

its predecessor, or by any branch of the United States Armed

6402

Forces, or who holds a valid identification card issued under

6403

the provisions of s. 295.17, upon proof of same. Any license

6404

issued under this paragraph after January 1, 1997, expires after

6405

5 years and must be reissued, upon request, every 5 years

6406

thereafter.

6407

(b) To be disabled by the United States Social Security

6408

Administration, upon proof of same. Any license issued under

6409

this paragraph after October 1, 1999, expires after 2 years and

6410

must be reissued, upon proof of certification of disability,

6411

every 2 years thereafter.

6412

6413

A disability license issued after July 1, 1997, and before July

6414

1, 2000, retains the rights vested thereunder until the license

6415

has expired.

6416

(2) A hunting, freshwater fishing, or saltwater fishing

6417

license or permit is not required for:

6418

(a) Any child under 16 years of age, except as otherwise

6419

provided in this part ~~chapter~~.

6420

(b) Any person hunting or freshwater fishing on her or his

6421

homestead property, or on the homestead property of the person's

6422

spouse or minor child; or any minor child hunting or freshwater

6423

fishing on the homestead property of her or his parent.

6424

6425

Armed Forces and not stationed in this state, when home on leave

6426

for 30 days or less, upon submission of orders.

6427

(d) Any resident freshwater fishing for recreational

6428

purposes only, within her or his county of residence with live

6429

or natural bait, using poles or lines not equipped with a

6430

fishing line retrieval mechanism. This exemption does not apply

6431

to residents fishing in a legally established fish management

6432

area.

6433

(e) Any person freshwater fishing in a fish pond of 20

6434

acres or less that is located entirely within the private

6435

property of the fish pond owner.

6436

(f) Any person freshwater fishing in a fish pond that is

6437

licensed in accordance with s. 379.356 ~~372.5705~~.

6438

(g) Any person fishing who has been accepted as a client

6439

for developmental disabilities services by the Department of

6440

Children and Family Services, provided the department furnishes

6441

proof thereof.

6442

(h) Any resident saltwater fishing from land or from a

6443

structure fixed to the land.

6444

(i) Any person saltwater fishing from a vessel licensed

6445

pursuant to s. 379.354(7) ~~372.57(7)~~.

6446

(j) Any person saltwater fishing from a vessel the

6447

operator of which is licensed pursuant to s. 379.354(7)

6448

~~372.57(7)~~.

6449

(k) Any person saltwater fishing who holds a valid

6450

saltwater products license issued under s. 379.361(2) ~~370.06(2)~~.

6451

(l) Any person saltwater fishing for recreational purposes

6452

from a pier licensed under s. 379.354 ~~372.57~~.

6453

(m) Any resident fishing for a saltwater species in fresh

6454

water from land or from a structure fixed to land.

6455

(n) Any resident fishing for mullet in fresh water who has

6456

a valid Florida freshwater fishing license.

6457

(o) Any resident 65 years of age or older who has in her

6458

or his possession proof of age and residency. A no-cost license

6459

under this paragraph may be obtained from any tax collector's

6460

office upon proof of age and residency and must be in the

6461

possession of the resident during hunting, freshwater fishing,

6462

and saltwater fishing activities.

6463

(p) Any employee of the commission who takes freshwater

6464

fish, saltwater fish, or game as part of employment with the

6465

commission, or any other person authorized by commission permit

6466

to take freshwater fish, saltwater fish, or game for scientific

6467

or educational purposes.

6468

(q) Any resident recreationally freshwater fishing who

6469

holds a valid commercial fishing license issued under s.

6470

379.3625(1)(a) ~~372.65(1)(a)~~.

6471

Section 137. Section 372.57, Florida Statutes, is

6472

renumbered as section 379.354, Florida Statutes, and amended to

6473

read:

6474

379.354 ~~372.57~~ Recreational licenses, permits, and

6475

authorization numbers; fees established.--

6476

(1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER

6477

REQUIRED.--Except as provided in s. 379.353 ~~372.562~~, no person

6478

shall take game, freshwater or saltwater fish, or fur-bearing

6479

animals within this state without having first obtained a

6480

license, permit, or authorization number and paid the fees set

6481

forth in this chapter. Such license, permit, or authorization

6482

number shall authorize the person to whom it is issued to take

6483

game, freshwater or saltwater fish, or fur-bearing animals, and

6484

participate in outdoor recreational activities in accordance

6485

with the laws of the state and rules of the commission.

6486

(2) NONTRANSFERABILITY; INFORMATION AND DOCUMENTATION.--

6487

(a) Licenses, permits, and authorization numbers issued

6488

under this part ~~chapter~~ are not transferable. Each license and

6489

permit must bear on its face in indelible ink the name of the

6490

person to whom it is issued and other information as deemed

6491

necessary by the commission. Licenses issued to the owner,

6492

operator, or custodian of a vessel that directly or indirectly

6493

collects fees for taking or attempting to take or possess

6494

saltwater fish for noncommercial purposes must include the

6495

vessel registration number or federal documentation number.

6496

(b) The lifetime licenses and 5-year licenses authorized

6497

in this section shall be embossed with the name, date of birth,

6498

date of issuance, and other pertinent information as deemed

6499

necessary by the commission. A certified copy of the applicant's

6500

birth certificate shall accompany each application for a

6501

lifetime license for a resident 12 years of age or younger.

6502

6503

using a free license, a lifetime license, a 5-year license, or

6504

an authorization number issued under this chapter, or when

6505

otherwise required by a license or permit.

6506

(3) PERSONAL POSSESSION REQUIRED.--Each license, permit,

6507

or authorization number must be in the personal possession of

6508

the person to whom it is issued while such person is taking,

6509

attempting to take, or possessing game, freshwater or saltwater

6510

fish, or fur-bearing animals. Any person taking, attempting to

6511

take, or possessing game, freshwater or saltwater fish, or fur-

6512

bearing animals who fails to produce a license, permit, or

6513

authorization number at the request of a commission law

6514

enforcement officer commits a violation of the law.

6515

(4) RESIDENT HUNTING AND FISHING LICENSES.--The licenses

6516

and fees for residents participating in hunting and fishing

6517

activities in this state are as follows:

6518

(a) Annual freshwater fishing license, $15.50.

6519

(b) Annual saltwater fishing license, $15.50.

6520

6521

(d) Annual combination hunting and freshwater fishing

6522

license, $31.

6523

(e) Annual combination freshwater fishing and saltwater

6524

fishing license, $31.

6525

(f) Annual combination hunting, freshwater fishing, and

6526

saltwater fishing license, $46.50.

6527

(g) Annual license to take fur-bearing animals, $25.

6528

However, a resident with a valid hunting license or a no-cost

6529

license who is taking fur-bearing animals for noncommercial

6530

purposes using guns or dogs only, and not traps or other

6531

devices, is not required to purchase this license. Also, a

6532

resident 65 years of age or older is not required to purchase

6533

this license.

6534

(h) Annual sportsman's license, $79, except that an annual

6535

sportsman's license for a resident 64 years of age or older is

6536

$12. A sportsman's license authorizes the person to whom it is

6537

issued to take game and freshwater fish, subject to the state

6538

and federal laws, rules, and regulations, including rules of the

6539

commission, in effect at the time of the taking. Other

6540

authorized activities include activities authorized by a

6541

management area permit, a muzzle-loading gun season permit, a

6542

crossbow season permit, a turkey permit, a Florida waterfowl

6543

permit, and an archery season permit.

6544

(i) Annual gold sportsman's license, $98.50. The gold

6545

sportsman's license authorizes the person to whom it is issued

6546

to take freshwater fish, saltwater fish, and game, subject to

6547

the state and federal laws, rules, and regulations, including

6548

rules of the commission, in effect at the time of taking. Other

6549

authorized activities include activities authorized by a

6550

management area permit, a muzzle-loading gun season permit, a

6551

crossbow season permit, a turkey permit, a Florida waterfowl

6552

permit, an archery season permit, a snook permit, and a spiny

6553

lobster permit.

6554

(j) Annual military gold sportsman's license, $18.50. The

6555

gold sportsman's license authorizes the person to whom it is

6556

issued to take freshwater fish, saltwater fish, and game,

6557

subject to the state and federal laws, rules, and regulations,

6558

including rules of the commission, in effect at the time of

6559

taking. Other authorized activities include activities

6560

authorized by a management area permit, a muzzle-loading gun

6561

season permit, a crossbow season permit, a turkey permit, a

6562

Florida waterfowl permit, an archery season permit, a snook

6563

permit, and a spiny lobster permit. Any resident who is an

6564

active or retired member of the United States Armed Forces, the

6565

United States Armed Forces Reserve, the National Guard, the

6566

United States Coast Guard, or the United States Coast Guard

6567

Reserve is eligible to purchase the military gold sportsman's

6568

license upon submission of a current military identification

6569

card.

6570

(5) NONRESIDENT HUNTING AND FISHING LICENSES.--The

6571

licenses and fees for nonresidents participating in hunting and

6572

fishing activities in the state are as follows:

6573

(a) Freshwater fishing license to take freshwater fish for

6574

3 consecutive days, $15.50.

6575

(b) Freshwater fishing license to take freshwater fish for

6576

7 consecutive days, $28.50.

6577

6578

consecutive days, $15.50.

6579

(d) Saltwater fishing license to take saltwater fish for 7

6580

consecutive days, $28.50.

6581

(e) Annual freshwater fishing license, $45.50.

6582

(f) Annual saltwater fishing license, $45.50.

6583

(g) Hunting license to take game for 10 consecutive days,

6584

$45.

6585

(h) Annual hunting license to take game, $150.

6586

(i) Annual license to take fur-bearing animals, $25.

6587

However, a nonresident with a valid Florida hunting license who

6588

is taking fur-bearing animals for noncommercial purposes using

6589

guns or dogs only, and not traps or other devices, is not

6590

required to purchase this license.

6591

(6) PIER LICENSE.--A pier license for any pier fixed to

6592

land for the purpose of taking or attempting to take saltwater

6593

fish is $500 per year. The pier license may be purchased at the

6594

option of the owner, operator, or custodian of such pier and

6595

must be available for inspection at all times.

6596

(7) VESSEL LICENSES.--

6597

(a) No person may operate any vessel wherein a fee is

6598

paid, either directly or indirectly, for the purpose of taking,

6599

attempting to take, or possessing any saltwater fish for

6600

noncommercial purposes unless she or he has obtained a license

6601

for each vessel for that purpose, and has paid the license fee

6602

pursuant to paragraphs (b) and (c) for such vessel.

6603

(b) A license for any person who operates any vessel

6604

licensed to carry more than 10 customers, wherein a fee is paid,

6605

either directly or indirectly, for the purpose of taking or

6606

attempting to take saltwater fish, is $800 per year. The license

6607

must be kept aboard the vessel at all times.

6608

6609

licensed to carry no more than 10 customers, or for any person

6610

licensed to operate any vessel carrying 6 or fewer customers,

6611

wherein a fee is paid, either directly or indirectly, for the

6612

purpose of taking or attempting to take saltwater fish, is $400

6613

per year.

6614

2. A license for any person licensed to operate any vessel

6615

carrying 6 or fewer customers but who operates a vessel carrying

6616

4 or fewer customers, wherein a fee is paid, either directly or

6617

indirectly, for the purpose of taking or attempting to take

6618

saltwater fish, is $200 per year. The license must be kept

6619

aboard the vessel at all times.

6620

3. A person who operates a vessel required to be licensed

6621

pursuant to paragraph (b) or this paragraph may obtain a license

6622

in her or his own name, and such license shall be transferable

6623

and apply to any vessel operated by the purchaser, provided that

6624

the purchaser has paid the appropriate license fee.

6625

(d) A license for a recreational vessel not for hire and

6626

for which no fee is paid, either directly or indirectly, by

6627

guests for the purpose of taking or attempting to take saltwater

6628

fish noncommercially is $2,000 per year. The license may be

6629

purchased at the option of the vessel owner and must be kept

6630

aboard the vessel at all times. A log of species taken and the

6631

date the species were taken shall be maintained and a copy of

6632

the log filed with the commission at the time of renewal of the

6633

license.

6634

(e) The owner, operator, or custodian of a vessel the

6635

operator of which has been licensed pursuant to paragraph (a)

6636

must maintain and report such statistical data as required by,

6637

and in a manner set forth in, the rules of the commission.

6638

(8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY

6639

PERMITS.--In addition to any license required under this

6640

chapter, the following permits and fees for specified hunting,

6641

fishing, and recreational uses and activities are required:

6642

(a) An annual Florida waterfowl permit for a resident or

6643

nonresident to take wild ducks or geese within the state or its

6644

coastal waters is $3.

6645

(b)1. An annual Florida turkey permit for a resident to

6646

take wild turkeys within the state is $5.

6647

2. An annual Florida turkey permit for a nonresident to

6648

take wild turkeys within the state is $100.

6649

6650

to take or possess any snook from any waters of the state is $2.

6651

Revenue generated from the sale of snook permits shall be used

6652

exclusively for programs to benefit the snook population.

6653

(d) An annual spiny lobster permit for a resident or

6654

nonresident to take or possess any spiny lobster for

6655

recreational purposes from any waters of the state is $2.

6656

Revenue generated from the sale of spiny lobster permits shall

6657

be used exclusively for programs to benefit the spiny lobster

6658

population.

6659

(e) A $5 fee is imposed for each of the following permits:

6660

1. An annual archery season permit for a resident or

6661

nonresident to hunt within the state during any archery season

6662

authorized by the commission.

6663

2. An annual crossbow season permit for a resident or

6664

nonresident to hunt within the state during any crossbow season

6665

authorized by the commission.

6666

3. An annual muzzle-loading gun season permit for a

6667

resident or nonresident to hunt within the state during any

6668

muzzle-loading gun season authorized by the commission.

6669

(f) A special use permit for a resident or nonresident to

6670

participate in limited entry hunting or fishing activities as

6671

authorized by commission rule shall not exceed $100 per day or

6672

$250 per week. Notwithstanding any other provision of this

6673

chapter, there are no exclusions, exceptions, or exemptions from

6674

this permit fee. In addition to the permit fee, the commission

6675

may charge each special use permit applicant a nonrefundable

6676

application fee not to exceed $10.

6677

(g)1. A management area permit for a resident or

6678

nonresident to hunt on, fish on, or otherwise use for outdoor

6679

recreational purposes land owned, leased, or managed by the

6680

commission, or by the state for the use and benefit of the

6681

commission, shall not exceed $25 per year.

6682

2. Permit fees for short-term use of land that is owned,

6683

leased, or managed by the commission may be established by rule

6684

of the commission for activities on such lands. Such permits may

6685

be in lieu of, or in addition to, the annual management area

6686

permit authorized in subparagraph 1.

6687

3. Other than for hunting or fishing, the provisions of

6688

this paragraph shall not apply on any lands not owned by the

6689

commission, unless the commission has obtained the written

6690

consent of the owner or primary custodian of such lands.

6691

(h)1. A recreational user permit is required to hunt on,

6692

fish on, or otherwise use for outdoor recreational purposes land

6693

leased by the commission from private nongovernmental owners,

6694

except for those lands located directly north of the

6695

Apalachicola National Forest, east of the Ochlocknee River until

6696

the point the river meets the dam forming Lake Talquin, and

6697

south of the closest federal highway. The fee for a recreational

6698

user permit shall be based upon the economic compensation

6699

desired by the landowner, game population levels, desired hunter

6700

density, and administrative costs. The permit fee shall be set

6701

by commission rule on a per-acre basis. The recreational user

6702

permit fee, less administrative costs of up to $25 per permit,

6703

shall be remitted to the landowner as provided in the lease

6704

agreement for each area.

6705

2. One minor dependent under 16 years of age may hunt

6706

under the supervision of the permittee and is exempt from the

6707

recreational user permit requirements. The spouse and dependent

6708

children of a permittee are exempt from the recreational user

6709

permit requirements when engaged in outdoor recreational

6710

activities other than hunting and when accompanied by a

6711

permittee. Notwithstanding any other provision of this chapter,

6712

no other exclusions, exceptions, or exemptions from the

6713

recreational user permit fee are authorized.

6714

(9) RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--

6715

(a) Five-year licenses are available for residents only,

6716

as follows:

6717

1. A 5-year freshwater fishing or saltwater fishing

6718

license is $77.50 for each type of license and authorizes the

6719

person to whom the license is issued to take or attempt to take

6720

or possess freshwater fish or saltwater fish consistent with the

6721

state and federal laws and regulations and rules of the

6722

commission in effect at the time of taking.

6723

2. A 5-year hunting license is $77.50 and authorizes the

6724

person to whom it is issued to take or attempt to take or

6725

possess game consistent with the state and federal laws and

6726

regulations and rules of the commission in effect at the time of

6727

taking.

6728

3. The commission is authorized to sell the hunting,

6729

fishing, and recreational activity permits authorized in

6730

subsection (8) for a 5-year period to match the purchase of 5-

6731

year fishing and hunting licenses. The fee for each permit

6732

issued under this paragraph shall be five times the annual cost

6733

established in subsection (8).

6734

(b) Proceeds from the sale of all 5-year licenses and

6735

permits shall be deposited into the Dedicated License Trust

6736

Fund, to be distributed in accordance with the provisions of s.

6737

379.203 ~~372.106~~.

6738

(10) RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING

6739

LICENSES.--

6740

(a) Lifetime freshwater fishing licenses or saltwater

6741

fishing licenses are available for residents only, as follows,

6742

for:

6743

1. Persons 4 years of age or younger, for a fee of $125.

6744

2. Persons 5 years of age or older, but under 13 years of

6745

age, for a fee of $225.

6746

3. Persons 13 years of age or older, for a fee of $300.

6747

(b) The following activities are authorized by the

6748

purchase of a lifetime freshwater fishing license:

6749

1. Taking, or attempting to take or possess, freshwater

6750

fish consistent with the state and federal laws and regulations

6751

and rules of the commission in effect at the time of the taking.

6752

2. All activities authorized by a management area permit,

6753

excluding hunting.

6754

6755

purchase of a lifetime saltwater fishing license:

6756

1. Taking, or attempting to take or possess, saltwater

6757

fish consistent with the state and federal laws and regulations

6758

and rules of the commission in effect at the time of the taking.

6759

2. All activities authorized by a snook permit and a spiny

6760

lobster permit.

6761

3. All activities for which an additional license, permit,

6762

or fee is required to take or attempt to take or possess

6763

saltwater fish, which additional license, permit, or fee was

6764

imposed subsequent to the date of the purchase of the lifetime

6765

saltwater fishing license.

6766

(11) RESIDENT LIFETIME HUNTING LICENSES.--

6767

(a) Lifetime hunting licenses are available to residents

6768

only, as follows, for:

6769

1. Persons 4 years of age or younger, for a fee of $200.

6770

2. Persons 5 years of age or older, but under 13 years of

6771

age, for a fee of $350.

6772

3. Persons 13 years of age or older, for a fee of $500.

6773

(b) The following activities are authorized by the

6774

purchase of a lifetime hunting license:

6775

1. Taking, or attempting to take or possess, game

6776

consistent with the state and federal laws and regulations and

6777

rules of the commission in effect at the time of the taking.

6778

2. All activities authorized by a muzzle-loading gun

6779

season permit, a crossbow season permit, a turkey permit, an

6780

archery season permit, a Florida waterfowl permit, and a

6781

management area permit, excluding fishing.

6782

(12) RESIDENT LIFETIME SPORTSMAN'S LICENSES.--

6783

(a) Lifetime sportsman's licenses are available to

6784

residents only, as follows, for:

6785

1. Persons 4 years of age or younger, for a fee of $400.

6786

2. Persons 5 years of age or older, but under 13 years of

6787

age, for a fee of $700.

6788

3. Persons 13 years of age or older, for a fee of $1,000.

6789

(b) The following activities are authorized by the

6790

purchase of a lifetime sportsman's license:

6791

1. Taking, or attempting to take or possess, freshwater

6792

and saltwater fish, and game, consistent with the state and

6793

federal laws and regulations and rules of the commission in

6794

effect at the time of taking.

6795

2. All activities authorized by a management area permit,

6796

a muzzle-loading gun season permit, a crossbow season permit, a

6797

turkey permit, an archery season permit, a Florida waterfowl

6798

permit, a snook permit, and a spiny lobster permit.

6799

(13) PROCEEDS FROM THE SALE OF LIFETIME LICENSES.--The

6800

proceeds from the sale of all lifetime licenses authorized in

6801

this section shall be deposited into the Lifetime Fish and

6802

Wildlife Trust Fund, to be distributed as provided in s. 379.207

6803

~~372.105~~.

6804

(14) RECIPROCAL FEE AGREEMENTS.--The commission is

6805

authorized to reduce the fees for licenses and permits under

6806

this section for residents of those states with which the

6807

commission has entered into reciprocal agreements with respect

6808

to such fees.

6809

(15) FREE FISHING DAYS.--The commission may designate by

6810

rule no more than 2 consecutive or nonconsecutive days in each

6811

year as free freshwater fishing days and no more than 2

6812

consecutive or nonconsecutive days in each year as free

6813

saltwater fishing days. Notwithstanding any other provision of

6814

this chapter, any person may take freshwater fish for

6815

noncommercial purposes on a free freshwater fishing day and may

6816

take saltwater fish for noncommercial purposes on a free

6817

saltwater fishing day, without obtaining or possessing a license

6818

or permit or paying a license or permit fee as prescribed in

6819

this section. A person who takes freshwater or saltwater fish on

6820

a free fishing day must comply with all laws, rules, and

6821

regulations governing the holders of a fishing license or permit

6822

and all other conditions and limitations regulating the taking

6823

of freshwater or saltwater fish as are imposed by law or rule.

6824

(16) PROHIBITED LICENSES OR PERMITS.--A person may not

6825

make, forge, counterfeit, or reproduce a license or permit

6826

required under this section, except for those persons authorized

6827

by the commission to make or reproduce such a license or permit.

6828

A person may not knowingly possess a forgery, counterfeit, or

6829

unauthorized reproduction of such a license or permit. A person

6830

who violates this subsection commits a Level Four violation

6831

under s. 379.401 ~~372.83~~.

6832

(17) SUSPENDED OR REVOKED LICENSES.--A person may not take

6833

game, freshwater fish, saltwater fish, or fur-bearing animals

6834

within this state if a license issued to such person as required

6835

under this section or a privilege granted to such person under

6836

s. 379.353 ~~372.562~~ is suspended or revoked. A person who

6837

violates this subsection commits a Level Three violation under

6838

s. 379.401 ~~372.83~~.

6839

Section 138. Section 370.063, Florida Statutes, is

6840

renumbered as section 379.355, Florida Statutes, and amended to

6841

read:

6842

379.355 ~~370.063~~ Special recreational spiny lobster

6843

license.--There is created a special recreational spiny lobster

6844

license, to be issued to qualified persons as provided by this

6845

section for the recreational harvest of spiny lobster beginning

6846

August 5, 1994.

6847

(1) The special recreational spiny lobster license shall

6848

be available to any individual spiny lobster trap number holder

6849

who also possesses a saltwater products license during the 1993-

6850

1994 license year. A person issued a special recreational spiny

6851

lobster license may not also possess a trap number.

6852

(2) The special recreational spiny lobster license is

6853

required in order to harvest spiny lobster from state

6854

territorial waters in quantities in excess of the regular

6855

recreational bag limit but not in excess of a special bag limit

6856

as established by the Marine Fisheries Commission for these

6857

harvesters before the 1994-1995 license year. Such special bag

6858

limit does not apply during the 2-day sport season established

6859

by the Fish and Wildlife Conservation Commission.

6860

(3) The holder of a special recreational spiny lobster

6861

license must also possess the recreational spiny lobster permit

6862

required by s. 379.354(8)(d) ~~372.57(8)(d)~~.

6863

~~(4) As a condition precedent to the issuance of a special~~

6864

~~recreational spiny lobster license, the applicant must agree to~~

6865

~~file quarterly reports with the Fish and Wildlife Conservation~~

6866

~~Commission in such form as the commission requires, detailing~~

6867

~~the amount of the licenseholder's spiny lobster harvest in the~~

6868

~~previous quarter, including the harvest of other recreational~~

6869

~~harvesters aboard the licenseholder's vessel.~~

6870

(4)~~(5)~~ The Fish and Wildlife Conservation Commission shall

6871

issue special recreational spiny lobster licenses. The fee for

6872

each such license is $100 per year. Each license issued in any

6873

license year must be renewed by June 30 of each subsequent year

6874

by the initial individual holder thereof. ~~Noncompliance with the~~

6875

~~reporting requirement in subsection (4) or with the special~~

6876

~~recreational bag limit established under subsection (6)~~

6877

~~constitutes grounds for which the commission may refuse to renew~~

6878

~~the license for a subsequent license year.~~ The number of such

6879

licenses outstanding in any one license year may not exceed the

6880

number issued for the 1994-1995 license year. A license is not

6881

transferable by any method. Licenses that are not renewed expire

6882

and may be reissued by the commission in the subsequent license

6883

year to new applicants otherwise qualified under this section.

6884

~~(6) To promote conservation of the spiny lobster resource,~~

6885

~~consistent with equitable distribution and availability of the~~

6886

~~resource, the commission shall establish a spiny lobster~~

6887

~~management plan incorporating the special recreational spiny~~

6888

~~lobster license, including, but not limited to, the~~

6889

~~establishment of a special recreational bag limit for the~~

6890

~~holders of such license as required by subsection (2). Such~~

6891

~~special recreational bag limit must not be less than twice the~~

6892

~~higher of the daily recreational bag limits.~~

6893

(5)~~(7)~~ The proceeds of the fees collected under this

6894

section must be deposited in the Marine Resources Conservation

6895

Trust Fund and used as follows:

6896

(a) Thirty-five percent for research and the development

6897

of reliable recreational catch statistics for the spiny lobster

6898

fishery.

6899

(b) Twenty percent for administration of this section.

6900

6901

section.

6902

(6)~~(8)~~ Any person who violates this section commits a

6903

Level One violation under s. 379.401 ~~372.83~~.

6904

Section 139. Section 372.5705, Florida Statutes, is

6905

renumbered as section 379.356, Florida Statutes, to read:

6906

379.356 ~~372.5705~~ Fish pond license.--The owner of a fish

6907

pond of more than 20 acres which is located entirely within her

6908

or his property may obtain a license from the commission for

6909

such pond at a fee of $3 per surface acre, and no fishing

6910

license shall be required of any person fishing in such licensed

6911

pond.

6912

Section 140. Section 372.5704, Florida Statutes, is

6913

renumbered as section 379.357, Florida Statutes, and amended to

6914

read:

6915

379.357 ~~372.5704~~ Fish and Wildlife Conservation Commission

6916

license program for tarpon; fees; penalties.--

6917

(1) The commission shall establish a license program for

6918

the purpose of issuing tags to individuals desiring to harvest

6919

tarpon (megalops atlantica) from the waters of the state. The

6920

tags shall be nontransferable, except that the commission may

6921

allow for a limited number of tags to be purchased by

6922

professional fishing guides for transfer to individuals, and

6923

issued by the commission in order of receipt of a properly

6924

completed application for a nonrefundable fee of $50 per tag.

6925

The commission and any tax collector may sell the tags and

6926

collect the fees therefor. Tarpon tags are valid from July 1

6927

through June 30. Before August 15 of each year, each tax

6928

collector shall submit to the commission all unissued tags for

6929

the previous fiscal year along with a written audit report, on

6930

forms prescribed or approved by the commission, as to the

6931

numbers of the unissued tags. To defray the cost of issuing any

6932

tag, the issuing tax collector shall collect and retain as his

6933

or her costs, in addition to the tag fee collected, the amount

6934

allowed under s. 379.352(6) ~~372.561(6)~~ for the issuance of

6935

licenses.

6936

~~(2) The number of tags to be issued shall be determined by~~

6937

~~rule of the commission. The commission shall in no way allow the~~

6938

~~issuance of tarpon tags to adversely affect the tarpon~~

6939

~~population.~~

6940

(2)~~(3)~~ Proceeds from the sale of tarpon tags shall be

6941

deposited in the Marine Resources Conservation Trust Fund and

6942

shall be used to gather information directly applicable to

6943

tarpon management.

6944

(3)~~(4)~~ No individual shall take, kill, or possess any fish

6945

of the species megalops atlantica, commonly known as tarpon,

6946

unless such individual has purchased a tarpon tag and securely

6947

attached it through the lower jaw of the fish. Said individual

6948

shall within 5 days after the landing of the fish submit a form

6949

to the commission which indicates the length, weight, and

6950

physical condition of the tarpon when caught; the date and

6951

location of where the fish was caught; and any other pertinent

6952

information which may be required by the commission. The

6953

commission may refuse to issue new tags to individuals or guides

6954

who fail to provide the required information.

6955

(4)~~(5)~~ Any individual including a taxidermist who

6956

possesses a tarpon which does not have a tag securely attached

6957

as required by this section commits a Level Two violation under

6958

s. 379.401 ~~372.83~~. Provided, however, a taxidermist may remove

6959

the tag during the process of mounting a tarpon. The removed tag

6960

shall remain with the fish during any subsequent storage or

6961

shipment.

6962

(5)~~(6)~~ Purchase of a tarpon tag shall not accord the

6963

purchaser any right to harvest or possess tarpon in

6964

contravention of rules adopted by the commission. No individual

6965

may sell, offer for sale, barter, exchange for merchandise,

6966

transport for sale, either within or without the state, offer to

6967

purchase, or purchase any species of fish known as tarpon.

6968

(6)~~(7)~~ The commission shall prescribe and provide suitable

6969

forms and tags necessary to carry out the provisions of this

6970

section.

6971

(7)~~(8)~~ The provisions of this section shall not apply to

6972

anyone who immediately returns a tarpon uninjured to the water

6973

at the place where the fish was caught.

6974

Section 141. Section 372.5717, Florida Statutes, is

6975

renumbered as section 379.3581, Florida Statutes, and amended to

6976

read:

6977

379.3581 ~~372.5717~~ Hunter safety course; requirements;

6978

penalty.--

6979

(1) This section may be cited as the Senator Joe Carlucci

6980

Hunter Safety Act.

6981

(2)(a) Except as provided in paragraph (b), a person born

6982

on or after June 1, 1975, may not be issued a license to take

6983

wild animal life with the use of a firearm, gun, bow, or

6984

crossbow in this state without having first successfully

6985

completed a hunter safety course as provided in this section,

6986

and without having in his or her personal possession a hunter

6987

safety certification card, as provided in this section.

6988

(b) A person born on or after June 1, 1975, who has not

6989

successfully completed a hunter safety course may apply to the

6990

commission for a special authorization to hunt under

6991

supervision. The special authorization for supervised hunting

6992

shall be designated on any license or permit required under this

6993

chapter for a person to take game or fur-bearing animals and

6994

shall be valid for not more than 1 year. A special authorization

6995

for supervised hunting may not be issued more than once to the

6996

person applying for such authorization. A person issued a

6997

license with a special authorization to hunt under supervision

6998

must hunt under the supervision of, and in the presence of, a

6999

person 21 years or age or older who is licensed to hunt pursuant

7000

to s. 379.354 ~~372.57~~ or who is exempt from licensing

7001

requirements or eligible for a free license pursuant to s.

7002

379.353 ~~372.562~~.

7003

(3) The Fish and Wildlife Conservation Commission shall

7004

institute and coordinate a statewide hunter safety course that

7005

must be offered in every county and consist of not more than 16

7006

hours of instruction including, but not limited to, instruction

7007

in the competent and safe handling of firearms, conservation,

7008

and hunting ethics.

7009

(4) The commission shall issue a permanent hunter safety

7010

certification card to each person who successfully completes the

7011

hunter safety course. The commission shall maintain records of

7012

hunter safety certification cards issued and shall establish

7013

procedures for replacing lost or destroyed cards.

7014

(5) A hunter safety certification card issued by a

7015

wildlife agency of another state, or any Canadian province,

7016

which shows that the holder of the card has successfully

7017

completed a hunter safety course approved by the commission is

7018

an acceptable substitute for the hunter safety certification

7019

card issued by the commission.

7020

(6) All persons subject to the requirements of subsection

7021

(2) must have in their personal possession proof of compliance

7022

with this section, while taking or attempting to take wildlife

7023

with the use of a firearm, gun, bow, or crossbow, and must,

7024

unless the requirement to complete a hunter safety course is

7025

deferred pursuant to this section, display a valid hunter safety

7026

certification card in order to purchase a Florida hunting

7027

license. After the issuance of such a license, the license

7028

itself shall serve as proof of compliance with this section. A

7029

holder of a lifetime license whose license does not indicate on

7030

the face of the license that a hunter safety course has been

7031

completed must have in his or her personal possession a hunter

7032

safety certification card, as provided by this section, while

7033

attempting to take wild animal life with the use of a firearm,

7034

gun, bow, or crossbow.

7035

(7) The hunter safety requirements of this section do not

7036

apply to persons for whom licenses are not required under s.

7037

379.353(2) ~~372.562(2)~~.

7038

(8) A person who violates this section commits a Level One

7039

violation under s. 379.401 ~~372.83~~.

7040

Section 142. Section 372.5718, Florida Statutes, is

7041

amended to read:

7042

379.3582 ~~372.5718~~ Hunter safety course for juveniles.--The

7043

Fish and Wildlife Conservation Commission shall develop a hunter

7044

safety course for juveniles who are at least 5 years of age but

7045

less than 16 years of age. The course must include, but is not

7046

limited to, instruction in the competent and safe handling of

7047

firearms, conservation, and hunting ethics. The course must be

7048

appropriate for the ages of the students. The course is

7049

voluntary and must be offered in each county in the state at

7050

least annually. The course is in addition to, and not in lieu

7051

of, the hunter safety course prescribed in s. 379.3581 ~~372.5717~~.

7052

Section 143. Part VII of chapter 379, Florida Statutes,

7053

consisting of sections 379.361, 379.362, 379.363, 379.3635,

7054

379.364, 379.365, 379.366, 379.367, 379.3671, 379.368, 379.369,

7055

379.3711, 379.3712, 379.372, 379.373, 379.374, 379.3751,

7056

379.3752, 379.3761, 379.3762, and 379.377, is created to read:

7057

PART VII

7058

NONRECREATIONAL LICENSES

7059

7060

Section 144. Section 370.06, Florida Statutes, is

7061

renumbered as section 379.361 Florida Statutes, and amended to

7062

read:

7063

379.361 ~~370.06~~ Licenses.--

7064

(1) LICENSE ON PURSE SEINES.--There is levied, in addition

7065

to any other taxes thereon, an annual license tax of $25 upon

7066

each purse seine used in the waters of this state. This license

7067

fee shall be collected in the manner provided in this section.

7068

(2) SALTWATER PRODUCTS LICENSE.--

7069

(a) Every person, firm, or corporation that sells, offers

7070

for sale, barters, or exchanges for merchandise any saltwater

7071

products, or which harvests saltwater products with certain gear

7072

or equipment as specified by law, must have a valid saltwater

7073

products license, except that the holder of an aquaculture

7074

certificate under s. 597.004 is not required to purchase and

7075

possess a saltwater products license in order to possess,

7076

transport, or sell marine aquaculture products. Each saltwater

7077

products license allows the holder to engage in any of the

7078

activities for which the license is required. The license must

7079

be in the possession of the licenseholder or aboard the vessel

7080

and is subject to inspection at any time that harvesting

7081

activities for which a saltwater products license is required

7082

are being conducted.

7083

(b)1. A restricted species endorsement on the saltwater

7084

products license is required to sell to a licensed wholesale

7085

dealer those species which the state, by law or rule, has

7086

designated as "restricted species." This endorsement may be

7087

issued only to a person who is at least 16 years of age, or to a

7088

firm certifying that over 25 percent of its income or $5,000 of

7089

its income, whichever is less, is attributable to the sale of

7090

saltwater products pursuant to a saltwater products license

7091

issued under this paragraph or a similar license from another

7092

state. This endorsement may also be issued to a for-profit

7093

corporation if it certifies that at least $5,000 of its income

7094

is attributable to the sale of saltwater products pursuant to a

7095

saltwater products license issued under this paragraph or a

7096

similar license from another state. However, if at least 50

7097

percent of the annual income of a person, firm, or for-profit

7098

corporation is derived from charter fishing, the person, firm,

7099

or for-profit corporation must certify that at least $2,500 of

7100

the income of the person, firm, or corporation is attributable

7101

to the sale of saltwater products pursuant to a saltwater

7102

products license issued under this paragraph or a similar

7103

license from another state, in order to be issued the

7104

endorsement. Such income attribution must apply to at least 1 of

7105

the last 3 years. For the purpose of this section, "income"

7106

means that income that is attributable to work, employment,

7107

entrepreneurship, pensions, retirement benefits, and social

7108

security benefits.

7109

2. To renew an existing restricted species endorsement, a

7110

marine aquaculture producer possessing a valid saltwater

7111

products license with a restricted species endorsement may apply

7112

income from the sale of marine aquaculture products to licensed

7113

wholesale dealers.

7114

3. The commission is authorized to require verification of

7115

such income for all restricted species endorsements issued

7116

pursuant to this paragraph. Acceptable proof of income earned

7117

from the sale of saltwater products shall be:

7118

a. Copies of trip ticket records generated pursuant to

7119

this subsection (marine fisheries information system),

7120

documenting qualifying sale of saltwater products;

7121

b. Copies of sales records from locales other than Florida

7122

documenting qualifying sale of saltwater products;

7123

c. A copy of the applicable federal income tax return,

7124

including Form 1099 attachments, verifying income earned from

7125

the sale of saltwater products;

7126

d. Crew share statements verifying income earned from the

7127

sale of saltwater products; or

7128

e. A certified public accountant's notarized statement

7129

attesting to qualifying source and amount of income.

7130

7131

Notwithstanding any other provision of law, any person who owns

7132

a retail seafood market or restaurant at a fixed location for at

7133

least 3 years, who has had an occupational license for 3 years

7134

prior to January 1, 1990, who harvests saltwater products to

7135

supply his or her retail store, and who has had a saltwater

7136

products license for 1 of the past 3 license years prior to

7137

January 1, 1990, may provide proof of his or her verification of

7138

income and sales value at the person's retail seafood market or

7139

restaurant and in his or her saltwater products enterprise by

7140

affidavit and shall thereupon be issued a restricted species

7141

endorsement.

7142

4. Exceptions from income requirements shall be as

7143

follows:

7144

a. A permanent restricted species endorsement shall be

7145

available to those persons age 62 and older who have qualified

7146

for such endorsement for at least 3 of the last 5 years.

7147

b. Active military duty time shall be excluded from

7148

consideration of time necessary to qualify and shall not be

7149

counted against the applicant for purposes of qualifying.

7150

c. Upon the sale of a used commercial fishing vessel owned

7151

by a person, firm, or corporation possessing or eligible for a

7152

restricted species endorsement, the purchaser of such vessel

7153

shall be exempted from the qualifying income requirement for the

7154

purpose of obtaining a restricted species endorsement for a

7155

period of 1 year after purchase of the vessel.

7156

d. Upon the death or permanent disablement of a person

7157

possessing a restricted species endorsement, an immediate family

7158

member wishing to carry on the fishing operation shall be

7159

exempted from the qualifying income requirement for the purpose

7160

of obtaining a restricted species endorsement for a period of 1

7161

year after the death or disablement.

7162

e. A restricted species endorsement may be issued on an

7163

individual saltwater products license to a person age 62 or

7164

older who documents that at least $2,500 of such person's income

7165

is attributable to the sale of saltwater products.

7166

f. A permanent restricted species endorsement may also be

7167

issued on an individual saltwater products license to a person

7168

age 70 or older who has held a saltwater products license for at

7169

least 3 of the last 5 license years.

7170

g. Any resident who is certified to be totally and

7171

permanently disabled by the Railroad Retirement Board, by the

7172

United States Department of Veterans Affairs or its predecessor,

7173

or by any branch of the United States Armed Forces, or who holds

7174

a valid identification card issued by the Department of

7175

Veterans' Affairs pursuant to s. 295.17, upon proof of the same,

7176

or any resident certified to be disabled by the United States

7177

Social Security Administration or a licensed physician, upon

7178

proof of the same, shall be exempted from the income

7179

requirements if he or she also has held a saltwater products

7180

license for at least 3 of the last 5 license years prior to the

7181

date of the disability. A restricted species endorsement issued

7182

under this paragraph may be issued only on an individual

7183

saltwater products license.

7184

7185

restricted species endorsement shall be aboard any vessel

7186

harvesting restricted species in excess of any bag limit or when

7187

fishing under a commercial quota or in commercial quantities,

7188

and such vessel shall have a commercial vessel registration.

7189

This subsection does not apply to any person, firm, or

7190

corporation licensed under s. 379.362(1)(a)1. or (b)

7191

~~370.07(1)(a)1. or (b)~~ for activities pursuant to such licenses.

7192

(d) A saltwater products license may be issued in the name

7193

of an individual or a valid commercial vessel registration

7194

number. However, a firm or corporation may only receive a

7195

license issued to a valid commercial vessel registration number.

7196

A saltwater products license may not be transferred by the

7197

licenseholder to another individual, firm, or corporation. A

7198

decal shall be issued with each saltwater products license

7199

issued to a valid commercial vessel registration number. The

7200

saltwater products license decal shall be the same color as the

7201

vessel registration decal issued each year pursuant to s.

7202

328.48(5) and shall indicate the period of time such license is

7203

valid. The saltwater products license decal shall be placed

7204

beside the vessel registration decal and, in the case of an

7205

undocumented vessel, shall be placed so that the vessel

7206

registration decal lies between the commercial vessel

7207

registration number and the saltwater products license decal.

7208

Any saltwater products license decal for a previous year shall

7209

be removed from a vessel operating on the waters of the state.

7210

(e) The annual fee for a saltwater products license is:

7211

1. For a license issued in the name of an individual which

7212

authorizes only that individual to engage in commercial fishing

7213

activities from the shore or a vessel: a resident must pay $50;

7214

a nonresident must pay $200; or an alien must pay $300.

7215

2. For a license issued in the name of an individual which

7216

authorizes that named individual to engage in commercial fishing

7217

activities from the shore or a vessel and also authorizes each

7218

person who is fishing with the named individual aboard a vessel

7219

to engage in such activities: a resident must pay $150; a

7220

nonresident must pay $600; or an alien must pay $900.

7221

3. For a license issued to a valid commercial vessel

7222

registration number which authorizes each person aboard such

7223

registered vessel to engage in commercial fishing activities: a

7224

resident, or a resident firm or corporation, must pay $100; a

7225

nonresident, or a nonresident firm or corporation, must pay

7226

$400; or an alien, or an alien firm or corporation, must pay

7227

$600. For purposes of this subparagraph, a resident firm or

7228

corporation means a firm or corporation formed under the laws of

7229

this state; a nonresident firm or corporation means a firm or

7230

corporation formed under the laws of any state other than

7231

Florida; and an alien firm or corporation means a firm or

7232

corporation organized under any laws other than laws of the

7233

United States, any United States territory or possession, or any

7234

state of the United States.

7235

(f) Any person who sells saltwater products pursuant to a

7236

saltwater products license may sell only to a licensed wholesale

7237

dealer. A saltwater products license must be presented to the

7238

licensed wholesale dealer each time saltwater products are sold,

7239

and an imprint made thereof. The wholesale dealer shall keep

7240

records of each transaction in such detail as may be required by

7241

rule of the commission not in conflict with s. 379.362(6)

7242

~~370.07(6)~~, and shall provide the holder of the saltwater

7243

products license with a copy of the record. It is unlawful for

7244

any licensed wholesale dealer to buy saltwater products from any

7245

unlicensed person under the provisions of this section, except

7246

that a licensed wholesale dealer may buy from another licensed

7247

wholesale dealer. It is unlawful for any licensed wholesale

7248

dealer to buy saltwater products designated as "restricted

7249

species" from any person, firm, or corporation not possessing a

7250

restricted species endorsement on his or her saltwater products

7251

license under the provisions of this section, except that a

7252

licensed wholesale dealer may buy from another licensed

7253

wholesale dealer. For purposes of this subsection, any saltwater

7254

products received by a wholesale dealer are presumed to have

7255

been purchased.

7256

(g) The commission shall be the licensing agency, may

7257

contract with private persons or entities to implement aspects

7258

of the licensing program, and shall establish by rule a marine

7259

fisheries information system in conjunction with the licensing

7260

program to gather fisheries data.

7261

(h) Any person who sells, offers for sale, barters, or

7262

exchanges for merchandise saltwater products must have a method

7263

of catch preservation which meets the requirements and standards

7264

of the seafood quality control code promulgated by the

7265

commission.

7266

(i) A saltwater products license is required to harvest

7267

commercial quantities of saltwater products. Any vessel from

7268

which commercial quantities of saltwater products are harvested

7269

must have a commercial vessel registration. Commercial

7270

quantities of saltwater products shall be defined as:

7271

1. With respect to those species for which no bag limit

7272

has been established, more than 100 pounds per person per day,

7273

provided that the harvesting of two fish or less per person per

7274

day shall not be considered commercial quantities regardless of

7275

aggregate weight; and

7276

2. With respect to those species for which a bag limit has

7277

been established, more than the bag limit allowed by law or

7278

rule.

7279

(j)1. In addition to the saltwater products license, a

7280

marine life fishing endorsement is required for the harvest of

7281

marine life species as defined by rule of the Fish and Wildlife

7282

Conservation Commission. This endorsement may be issued only to

7283

a person who is at least 16 years of age or older or to a

7284

corporation holding a valid restricted species endorsement.

7285

2.a. Effective July 1, 1998, and until July 1, 2002, a

7286

marine life endorsement may not be issued under this paragraph,

7287

except that those endorsements that are active during the 1997-

7288

1998 fiscal year may be renewed.

7289

b. In 1998 persons or corporations holding a marine life

7290

endorsement that was active in the 1997-1998 fiscal year or an

7291

immediate family member of that person must request renewal of

7292

the marine life endorsement before December 31, 1998.

7293

c. In subsequent years and until July 1, 2002, a marine

7294

life endorsement holder or member of his or her immediate family

7295

must request renewal of the marine life endorsement before

7296

September 30 of each year.

7297

d. If a person or corporation holding an active marine

7298

life fishing endorsement or a member of that person's immediate

7299

family does not request renewal of the endorsement before the

7300

applicable dates specified in this paragraph, the commission

7301

shall deactivate that marine life fishing endorsement.

7302

e. In the event of the death or disability of a person

7303

holding an active marine life fishing endorsement, the

7304

endorsement may be transferred by the person to a member of his

7305

or her immediate family or may be renewed by any person so

7306

designated by the executor of the person's estate.

7307

f. Persons or corporations who hold saltwater product

7308

licenses with marine life fishing endorsements issued to their

7309

vessel registration numbers and who subsequently replace their

7310

existing vessels with new vessels may transfer the existing

7311

marine life fishing endorsement to the new boat registration

7312

numbers.

7313

g. Persons or corporations who hold saltwater product

7314

licenses with marine life fishing endorsements issued to their

7315

name and who subsequently incorporate or unincorporate may

7316

transfer the existing marine life fishing endorsement to the new

7317

corporation or person.

7318

3. The fee for a marine life fishery endorsement on a

7319

saltwater products license shall be $75. These license fees

7320

shall be collected and deposited in the Marine Resources

7321

Conservation Trust Fund and used for the purchase and

7322

installation of vessel mooring buoys at coral reef sites and for

7323

research related to marine fisheries.

7324

(3) NET LICENSES.--Except for cast nets and bait seines

7325

which are 100 feet in length or less and which have a mesh that

7326

is 3/8 inch or less, all nets used to take finfish, including,

7327

but not limited to, gill nets, trammel nets, and beach seines,

7328

must be licensed or registered. Each net used to take finfish

7329

for commercial purposes, or by a nonresident, must be licensed

7330

under a saltwater products license issued pursuant to subsection

7331

(2) and must bear the number of such license.

7332

(4) SPECIAL ACTIVITY LICENSES.--

7333

(a) A special activity license is required for any person

7334

to use gear or equipment not authorized in this chapter or rule

7335

of the Fish and Wildlife Conservation Commission for harvesting

7336

saltwater species. In accordance with this chapter, s. 16, Art.

7337

X of the State Constitution, and rules of the commission, the

7338

commission may issue special activity licenses for the use of

7339

nonconforming gear or equipment, including, but not limited to,

7340

trawls, seines and entangling nets, traps, and hook and line

7341

gear, to be used in harvesting saltwater species for scientific

7342

and governmental purposes, and, where allowable, for innovative

7343

fisheries. The commission may prescribe by rule application

7344

requirements and terms, conditions, and restrictions to be

7345

incorporated into each special activity license. This subsection

7346

does not apply to gear or equipment used by certified marine

7347

aquaculturists as provided for in s. 597.004 to harvest marine

7348

aquaculture products.

7349

(b) The Fish and Wildlife Conservation Commission is

7350

authorized to issue special activity licenses in accordance with

7351

this section and s. 379.2524 ~~370.31~~, to permit the importation

7352

and possession of wild anadromous sturgeon. The commission is

7353

also authorized to issue special activity licenses, in

7354

accordance with this section and s. 379.2524 ~~370.31~~, to permit

7355

the importation, possession, and aquaculture of native and

7356

nonnative anadromous sturgeon until best-management practices

7357

are implemented for the cultivation of anadromous sturgeon

7358

pursuant to s. 597.004. The special activity license shall

7359

provide for specific management practices to protect indigenous

7360

populations of saltwater species.

7361

7362

established in this section shall be incorporated into permits

7363

and authorizations issued pursuant to chapter 253, ~~chapter 373,~~

7364

chapter 403, or this chapter, when incorporating such provisions

7365

is in accordance with the aquaculture permit consolidation

7366

procedures. No separate issuance of a special activity license

7367

is required when conditions and specific management practices

7368

are incorporated into permits or authorizations under this

7369

paragraph. Implementation of this section to consolidate

7370

permitting actions does not constitute rules within the meaning

7371

of s. 120.52.

7372

(d) The commission is authorized to issue special activity

7373

licenses in accordance with s. 379.2411 ~~370.101~~ and this

7374

section; aquaculture permit consolidation procedures in s.

7375

379.2523(2) ~~370.26(2)~~; and rules of the commission to permit the

7376

capture and possession of saltwater species protected by law and

7377

used as stock for artificial cultivation and propagation.

7378

(e) The commission is authorized to adopt rules to govern

7379

the administration of special activities licenses as provided in

7380

this chapter and rules of the commission. Such rules may

7381

prescribe application requirements and terms, conditions, and

7382

restrictions for any such special activity license requested

7383

pursuant to this section.

7384

(5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.--

7385

(a) For purposes of this section, the following

7386

definitions shall apply:

7387

1. "Person" means an individual.

7388

2. "Resident" means any person who has:

7389

a. Continuously resided in this state for 6 months

7390

immediately preceding the making of his or her application for

7391

an Apalachicola Bay oyster harvesting license; or

7392

b. Established a domicile in this state and evidenced that

7393

domicile as provided in s. 222.17.

7394

(b) No person shall harvest oysters from the Apalachicola

7395

Bay without a valid Apalachicola Bay oyster harvesting license

7396

issued by the Department of Agriculture and Consumer Services.

7397

This requirement shall not apply to anyone harvesting

7398

noncommercial quantities of oysters in accordance with

7399

commission rules ~~chapter 46-27, Florida Administrative Code~~, or

7400

to any person less than 18 years old.

7401

7402

oyster harvesting license shall submit an annual fee for the

7403

license during a 45-day period from May 17 to June 30 of each

7404

year preceding the license year for which the license is valid.

7405

Failure to pay the annual fee within the required time period

7406

shall result in a $500 late fee being imposed before issuance of

7407

the license.

7408

(d) The Department of Agriculture and Consumer Services

7409

shall collect an annual fee of $100 from residents and $500 from

7410

nonresidents for the issuance of an Apalachicola Bay oyster

7411

harvesting license. The license year shall begin on July 1 of

7412

each year and end on June 30 of the following year. The license

7413

shall be valid only for the licensee. Only bona fide residents

7414

of Florida may obtain a resident license pursuant to this

7415

subsection.

7416

(e) Each person who applies for an Apalachicola Bay oyster

7417

harvesting license shall, before receiving the license for the

7418

first time, attend an educational seminar of not more than 16

7419

hours length, developed and conducted jointly by the Department

7420

of Environmental Protection's Apalachicola National Estuarine

7421

Research Reserve, the Division of Law Enforcement of the Fish

7422

and Wildlife Conservation Commission, and the Department of

7423

Agriculture and Consumer Services' Apalachicola District

7424

Shellfish Environmental Assessment Laboratory. The seminar shall

7425

address, among other things, oyster biology, conservation of the

7426

Apalachicola Bay, sanitary care of oysters, small business

7427

management, and water safety. The seminar shall be offered five

7428

times per year, and each person attending shall receive a

7429

certificate of participation to present when obtaining an

7430

Apalachicola Bay oyster harvesting license. The educational

7431

seminar is not required for renewal of an Apalachicola Bay

7432

oyster harvesting license.

7433

(f) Each person, while harvesting oysters in Apalachicola

7434

Bay, shall have in possession a valid Apalachicola Bay oyster

7435

harvesting license, or proof of having applied for a license

7436

within the required time period, and shall produce such license

7437

or proof of application upon request of any law enforcement

7438

officer.

7439

(g) Each person who obtains an Apalachicola Bay oyster

7440

harvesting license shall prominently display the license number

7441

upon any vessel the person owns which is used for the taking of

7442

oysters, in numbers which are at least 10 inches high and 1 inch

7443

wide, so that the permit number is readily identifiable from the

7444

air and water. Only one vessel displaying a given number may be

7445

used at any time. A licensee may harvest oysters from the vessel

7446

of another licensee.

7447

(h) Any person holding an Apalachicola Bay oyster

7448

harvesting license shall receive credit for the license fee

7449

against the saltwater products license fee.

7450

(i) The proceeds from Apalachicola Bay oyster harvesting

7451

license fees shall be deposited in the General Inspection Trust

7452

Fund and, less reasonable administrative costs, shall be used or

7453

distributed by the Department of Agriculture and Consumer

7454

Services for the following purposes in Apalachicola Bay:

7455

1. Relaying and transplanting live oysters.

7456

2. Shell planting to construct or rehabilitate oyster

7457

bars.

7458

3. Education programs for licensed oyster harvesters on

7459

oyster biology, aquaculture, boating and water safety,

7460

sanitation, resource conservation, small business management,

7461

marketing, and other relevant subjects.

7462

4. Research directed toward the enhancement of oyster

7463

production in the bay and the water management needs of the bay.

7464

(j) Any person who violates any of the provisions of

7465

paragraphs (b) and (d)-(g) commits a misdemeanor of the second

7466

degree, punishable as provided in ss. 775.082 and 775.083.

7467

Nothing in this subsection shall limit the application of

7468

existing penalties.

7469

(k) Any oyster harvesting license issued pursuant to this

7470

subsection must be in compliance with the rules of the Fish and

7471

Wildlife Conservation Commission regulating gear or equipment,

7472

harvest seasons, size and bag limits, and the taking of

7473

saltwater species.

7474

(6) LICENSE YEAR.--The license year on all licenses

7475

relating to saltwater products dealers, seafood dealers, aliens,

7476

residents, and nonresidents, unless otherwise provided, shall

7477

begin on July 1 of each year and end on June 30 of the next

7478

succeeding year. All licenses shall be so dated. However, if the

7479

commission determines that it is in the best interest of the

7480

state to issue a license required under this chapter to an

7481

individual on the birthday of the applicant, the commission may

7482

establish by rule a procedure to do so. This section does not

7483

apply to licenses and permits when their use is confined to an

7484

open season.

7485

(7) LICENSES SUBJECT TO INSPECTION; NONTRANSFERABLE;

7486

EXCEPTION.--Licenses of every kind and nature granted under the

7487

provisions of the fish and game laws of this state are at all

7488

times subject to inspection by the police officers of this state

7489

and the officers of the Fish and Wildlife Conservation

7490

Commission. Such licenses are not transferable unless otherwise

7491

provided by law.

7492

(8) COLLECTION OF LICENSES, FEES.--Unless otherwise

7493

provided by law, all license taxes or fees provided for in this

7494

part ~~chapter~~ shall be collected by the commission or its duly

7495

authorized agents or deputies to be deposited by the Chief

7496

Financial Officer in the Marine Resources Conservation Trust

7497

Fund. The commission may by rule establish a reasonable

7498

processing fee for any free license or permit required under

7499

this part ~~chapter~~. The commission is authorized to accept

7500

payment by credit card for fees, fines, and civil penalties

7501

levied pursuant to this part ~~chapter~~.

7502

(9) DENIAL OF LICENSE RENEWAL OR ISSUANCE.--The commission

7503

shall deny the renewal or issuance of any saltwater products

7504

license, wholesale dealer license, or retail dealer license to

7505

anyone that has unpaid fees, civil assessments, or fines owed to

7506

the commission.

7507

Section 145. Section 370.07, Florida Statutes, is

7508

renumbered as section 379.362, Florida Statutes, and amended to

7509

read:

7510

379.362 ~~370.07~~ Wholesale and retail saltwater products

7511

dealers; regulation.--

7512

(1) DEFINITIONS; LICENSES AUTHORIZED.--Annual license or

7513

privilege taxes are hereby levied and imposed upon dealers in

7514

the state in saltwater products. It is unlawful for any person,

7515

firm, or corporation to deal in any such products without first

7516

paying for and procuring the license required by this section.

7517

Application for all licenses shall be made to the Fish and

7518

Wildlife Conservation Commission on blanks to be furnished by

7519

it. All licenses shall be issued by the commission upon payment

7520

to it of the license tax. The licenses are defined as:

7521

(a)1. "Wholesale county dealer" is any person, firm, or

7522

corporation which sells saltwater products to any person, firm,

7523

or corporation except to the consumer and who may buy saltwater

7524

products in the county designated on the wholesale license from

7525

any person licensed pursuant to s. 379.361(2) ~~370.06(2)~~ or from

7526

any licensed wholesale dealer.

7527

2. "Wholesale state dealer" is a person, firm, or

7528

corporation which sells saltwater products to any person, firm,

7529

or corporation except to the consumer and who may buy saltwater

7530

products in any county of the state from any person licensed

7531

pursuant to s. 379.361(2) ~~370.06(2)~~ or from any licensed

7532

wholesale dealer.

7533

3. "Wholesale dealer" is either a county or a state

7534

dealer.

7535

(b) A "retail dealer" is any person, firm, or corporation

7536

which sells saltwater products directly to the consumer, but no

7537

license is required of a dealer in merchandise who deals in or

7538

sells saltwater products consumed on the premises or prepared

7539

for immediate consumption and sold to be taken out of any

7540

restaurant licensed by the Division of Hotels and Restaurants of

7541

the Department of Business and Professional Regulation.

7542

7543

Any person, firm, or corporation which is both a wholesale

7544

dealer and a retail dealer shall obtain both a wholesale

7545

dealer's license and a retail dealer's license. If a wholesale

7546

dealer has more than one place of business, the annual license

7547

tax shall be effective for all places of business, provided that

7548

the wholesale dealer supplies to the commission a complete list

7549

of additional places of business upon application for the annual

7550

license tax.

7551

(2) LICENSES; AMOUNT, TRUST FUND.--

7552

(a) A resident wholesale county seafood dealer is required

7553

to pay an annual license tax of $300.

7554

(b) A resident wholesale state dealer is required to pay

7555

an annual license tax of $450.

7556

7557

pay an annual license tax of $500.

7558

(d) A nonresident wholesale state dealer is required to

7559

pay an annual license tax of $1,000.

7560

(e) An alien wholesale county dealer is required to pay an

7561

annual license tax of $1,000.

7562

(f) An alien wholesale state dealer is required to pay an

7563

annual license tax of $1,500.

7564

(g) A resident retail dealer is required to pay an annual

7565

license tax of $25; however, if such a dealer has more than one

7566

place of business, the dealer shall designate one place of

7567

business as a central place of business, shall pay an annual

7568

license tax of $25 for such place of business, and shall pay an

7569

annual license tax of $10 for each other place of business.

7570

(h) A nonresident retail dealer is required to pay an

7571

annual license tax of $200; however, if such a dealer has more

7572

than one place of business, the dealer shall designate one place

7573

of business as a central place of business, shall pay an annual

7574

license tax of $200 for such place of business, and shall pay an

7575

annual license tax of $25 for each other place of business.

7576

(i) An alien retail dealer is required to pay an annual

7577

license tax of $250; however, if such a dealer has more than one

7578

place of business, the dealer shall designate one place of

7579

business as a central place of business, shall pay an annual

7580

license tax of $250 for such place of business, and shall pay an

7581

annual license tax of $50 for each other place of business.

7582

(j) License or privilege taxes, together with any other

7583

funds derived from the Federal Government or from any other

7584

source, shall be deposited in a Florida Saltwater Products

7585

Promotion Trust Fund to be administered by the Department of

7586

Agriculture and Consumer Services for the sole purpose of

7587

promoting all fish and saltwater products produced in this

7588

state, except that 4 percent of the total wholesale and retail

7589

saltwater products dealer's license fees collected shall be

7590

deposited into the Marine Resources Conservation Trust Fund

7591

administered by the Fish and Wildlife Conservation Commission

7592

for the purpose of processing wholesale and retail saltwater

7593

products dealer's licenses.

7594

(3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.--The

7595

Department of Agriculture and Consumer Services shall use or

7596

distribute funds paid into the State Treasury to the credit of

7597

the General Inspection Trust Fund pursuant to s. 201.15(11),

7598

less reasonable costs of administration, to fund the following

7599

oyster management and restoration programs in Apalachicola Bay

7600

and other oyster harvest areas in the state:

7601

(a) The relaying and transplanting of live oysters.

7602

(b) Shell planting to construct or rehabilitate oyster

7603

bars.

7604

7605

oyster biology, aquaculture, boating and water safety,

7606

sanitation, resource conservation, small business management,

7607

and other relevant subjects.

7608

(d) Research directed toward the enhancement of oyster

7609

production in the bay and the water management needs of the bay.

7610

(4) TRANSPORTATION OF SALTWATER PRODUCTS.--

7611

(a) A person transporting in this state saltwater products

7612

that were produced in this state, regardless of destination,

7613

shall have in his or her possession invoices, bills of lading,

7614

or other similar instruments showing the number of packages,

7615

boxes, or containers and the number of pounds of each species

7616

and the name, physical address, and the Florida wholesale dealer

7617

number of the dealer of origin.

7618

(b) A person transporting in this state saltwater products

7619

that were produced outside this state to be delivered to a

7620

destination in this state shall have in his or her possession

7621

invoices, bills of lading, or other similar instruments showing

7622

the number of packages, boxes, or containers and the number of

7623

pounds of each species, the name and physical address of the

7624

dealer of origin, and the name, physical address, and Florida

7625

wholesale dealer number of the Florida dealer to whom the

7626

shipment is to be delivered.

7627

7628

that were produced outside this state which are to be delivered

7629

to a destination outside this state shall have in his or her

7630

possession invoices, bills of lading, or other similar

7631

instruments showing the number of packages, boxes, or containers

7632

and the number of pounds of each species, the name and physical

7633

address of the dealer of origin, and the name and physical

7634

address of the dealer to whom the shipment is to be delivered.

7635

(d) If the saltwater products in transit come from more

7636

than one dealer, distributor, or producer, each lot from each

7637

dealer shall be covered by invoices, bills of lading, and other

7638

similar instruments showing the number of boxes or containers

7639

and the number of pounds of each species. Each invoice, bill of

7640

lading, and other similar instrument shall display the wholesale

7641

dealer license number and the name and physical address of the

7642

dealer, distributor, or producer of the lot covered by the

7643

instrument.

7644

(e) It is unlawful to sell, deliver, ship, or transport,

7645

or to possess for the purpose of selling, delivering, shipping,

7646

or transporting, any saltwater products without all invoices

7647

concerning the products having thereon the wholesale dealer

7648

license number in the form prescribed under this subsection and

7649

the rules of the commission. Any saltwater products found in the

7650

possession of any person who is in violation of this paragraph

7651

may be seized by the commission and disposed of in the manner

7652

provided by law.

7653

(f) Nothing contained in this subsection may be construed

7654

to apply to the sale and delivery to a consumer of saltwater

7655

products in an ordinary retail transaction by a licensed retail

7656

dealer who has purchased such products from a licensed wholesale

7657

dealer, or to the sale and delivery of the catch or products of

7658

a saltwater products licensee to a Florida-licensed wholesale

7659

dealer.

7660

(g) Wholesale dealers' licenses shall be issued only to

7661

applicants who furnish to the commission satisfactory evidence

7662

of law-abiding reputation and who pledge themselves to

7663

faithfully observe all of the laws, rules, and regulations of

7664

this state relating to the conservation of, dealing in, or

7665

taking, selling, transporting, or possession of saltwater

7666

products, and to cooperate in the enforcement of all such laws

7667

to every reasonable extent. This pledge may be included in the

7668

application for license.

7669

(h) A wholesale dealer, retail dealer, or restaurant

7670

facility shall not purchase or sell for public consumption any

7671

saltwater products known to be taken illegally, or known to be

7672

taken in violation of s. 16, Art. X of the State Constitution,

7673

or any rule or statute implementing its provisions.

7674

(i) Any person who violates the provisions of this

7675

subsection commits a misdemeanor of the first degree, punishable

7676

as provided in s. 775.082 or s. 775.083.

7677

(5) LICENSE DENIAL, SUSPENSION, OR REVOCATION.--

7678

(a) A license issued to a wholesale or retail dealer is

7679

good only to the person to whom issued and named therein and is

7680

not transferable. The commission may revoke, suspend, or deny

7681

the renewal of the license of any licensee:

7682

1. Upon the conviction of the licensee of any violation of

7683

the laws or regulations designed for the conservation of

7684

saltwater products;

7685

2. Upon conviction of the licensee of knowingly dealing

7686

in, buying, selling, transporting, possessing, or taking any

7687

saltwater product, at any time and from any waters, in violation

7688

of the laws of this state; or

7689

3. Upon satisfactory evidence of any violation of the laws

7690

or any regulations of this state designed for the conservation

7691

of saltwater products or of any of the laws of this state

7692

relating to dealing in, buying, selling, transporting,

7693

possession, or taking of saltwater products.

7694

(b) Upon revocation of such license, no other or further

7695

license may be issued to the dealer within 3 years from the date

7696

of revocation except upon special order of the commission. After

7697

revocation, it is unlawful for such dealer to exercise any of

7698

the privileges of a licensed wholesale or retail dealer.

7699

7700

pursuant to this subsection, the commission may impose penalties

7701

pursuant to s. 379.407 ~~370.021~~.

7702

(6) RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--

7703

~~(a)~~ Wholesale dealers shall be required by the commission

7704

to make and preserve a record of the names and addresses of

7705

persons from whom or to whom saltwater products are purchased or

7706

sold, the quantity so purchased or sold from or to each vendor

7707

or purchaser, and the date of each such transaction. Retail

7708

dealers shall be required to make and preserve a record from

7709

whom all saltwater products are purchased. Such record shall be

7710

open to inspection at all times by the commission. A report

7711

covering the sale of saltwater products shall be made monthly or

7712

as often as required by rule to the commission by each wholesale

7713

dealer. All reports required under this subsection are

7714

confidential and shall be exempt from the provisions of s.

7715

119.07(1) except that, pursuant to authority related to

7716

interstate fishery compacts as provided by ss. 379.2253(3) and

7717

379.2254(3) ~~370.19(3) and 370.20(3)~~, reports may be shared with

7718

another state if that state is a member of an interstate

7719

fisheries compact, and if that state has signed a Memorandum of

7720

Agreement or a similar instrument agreeing to preserve

7721

confidentiality as established by Florida law.

7722

~~(b) The commission may revoke, suspend, or deny the~~

7723

~~renewal of the license of any dealer for failure to make and~~

7724

~~keep required records, for failure to make required reports, for~~

7725

~~failure or refusal to permit the examination of required~~

7726

~~records, or for falsifying any such record. In addition to, or~~

7727

~~in lieu of, the penalties imposed pursuant to this paragraph and~~

7728

~~s. 370.021, the commission may impose against any person, firm,~~

7729

~~or corporation who is determined to have violated any provision~~

7730

~~of this paragraph or any provisions of any commission rules~~

7731

~~adopted pursuant to s. 370.0607, the following additional~~

7732

~~penalties:~~

7733

~~1. For the first violation, a civil penalty of up to~~

7734

~~$1,000;~~

7735

~~2. For a second violation committed within 24 months of~~

7736

~~any previous violation, a civil penalty of up to $2,500; and~~

7737

~~3. For a third or subsequent violation committed within 36~~

7738

~~months of any previous two violations, a civil penalty of up to~~

7739

~~$5,000.~~

7740

7741

~~The proceeds of all civil penalties collected pursuant to this~~

7742

~~subsection shall be deposited into the Marine Resources~~

7743

~~Conservation Trust Fund and shall be used for administration,~~

7744

~~auditing, and law enforcement purposes.~~

7745

(7) PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY

7746

LOCATION.--Wholesale dealers purchasing saltwater products

7747

pursuant to s. 379.361(2) ~~370.06(2)~~ at any site other than a

7748

site located in a county where the dealer has a permanent

7749

address must notify the Fish and Wildlife Conservation

7750

Commission of the location of the temporary site of business for

7751

each day business is to be conducted at such site.

7752

(8) UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

7753

unlawful for any licensed retail dealer or any restaurant

7754

licensed by the Division of Hotels and Restaurants of the

7755

Department of Business and Professional Regulation to buy

7756

saltwater products from any person other than a licensed

7757

wholesale or retail dealer. For purposes of this subsection, any

7758

saltwater products received by a retail dealer or a restaurant

7759

are presumed to have been purchased.

7760

Section 146. Section 372.65, Florida Statutes, is

7761

renumbered as section 379.363, Florida Statutes, and amended to

7762

read:

7763

379.363 ~~372.65~~ Freshwater fish dealer's license.--

7764

(1) No person shall engage in the business of taking for

7765

sale or selling any frogs or freshwater fish, including live

7766

bait, of any species or size, or importing any exotic or

7767

nonindigenous fish, until such person has obtained a license and

7768

paid the fee therefor as set forth herein. The license issued

7769

shall be in the possession of the person to whom issued while

7770

such person is engaging in the business of taking for sale or

7771

selling freshwater fish or frogs, is not transferable, shall

7772

bear on its face in indelible ink the name of the person to whom

7773

it is issued, and shall be affixed to a license identification

7774

card issued by the commission. Such license is not valid unless

7775

it bears the name of the person to whom it is issued and is so

7776

affixed. The failure of such person to exhibit such license to

7777

the commission or any of its wildlife officers when such person

7778

is found engaging in such business is a violation of law. The

7779

license fees and activities permitted under particular licenses

7780

are as follows:

7781

(a) The fee for a resident commercial fishing license,

7782

which permits a resident to take freshwater fish or frogs by any

7783

lawful method prescribed by the commission and to sell such fish

7784

or frogs, shall be $25. The license provided for in this

7785

paragraph shall also allow noncommercial fishing as provided by

7786

law and commission rules, and the license in s. 379.354(4)(a)

7787

~~372.57(4)(a)~~ shall not be required.

7788

(b) The fee for a resident freshwater fish dealer's

7789

license, which permits a resident to import, export, or sell

7790

freshwater fish or frogs, including live bait, shall be $40.

7791

7792

which permits a nonresident to take freshwater fish or frogs as

7793

provided in paragraph (a), shall be $100.

7794

(d) The fee for a nonresident retail fish dealer's

7795

license, which permits a nonresident to sell freshwater fish or

7796

frogs to a consumer, shall be $100.

7797

(e) The fee for a nonresident wholesale fish dealer's

7798

license, which permits a nonresident to sell freshwater fish or

7799

frogs within the state, and to buy freshwater fish or frogs for

7800

resale, shall be $500.

7801

(f) The fee for a nonresident wholesale fish buyer's

7802

license, which permits a nonresident who does not sell

7803

freshwater fish or frogs in Florida to buy freshwater fish or

7804

frogs from resident fish dealers for resale outside the state,

7805

shall be $50.

7806

(g) Any individual or business issued an aquaculture

7807

certificate, pursuant to s. 597.004, shall be exempt from the

7808

requirements of this part ~~chapter~~ with respect to aquaculture

7809

products authorized under such certificate.

7810

(h) There is levied, in addition to any other license fee

7811

thereon, an annual gear license fee of $50 upon each person

7812

fishing with trawl seines used in the fresh waters of the state.

7813

(i) There is levied, in addition to any other license fee

7814

thereon, an annual gear license fee of $100 upon each person

7815

fishing with haul seines used in the fresh waters of the state.

7816

(2) Each boat engaged in commercial fishing shall have at

7817

least one licensed commercial fisher on board.

7818

(3) It shall be unlawful for any resident freshwater fish

7819

dealer, or any nonresident wholesale or nonresident retail fish

7820

dealer, or any nonresident wholesale fish buyer to buy

7821

freshwater fish or frogs from any unlicensed person.

7822

Section 147. Section 372.651, Florida Statutes, is

7823

renumbered as section 379.3635, Florida Statutes, and amended to

7824

read:

7825

379.3635 ~~372.651~~ Haul seine and trawl permits; Lake

7826

Okeechobee ~~freshwater lakes in excess of 500 square miles~~;

7827

fees.--

7828

(1) The Fish and Wildlife Conservation Commission is

7829

authorized to issue permits for each haul seine or trawl used in

7830

Lake Okeechobee ~~freshwater lakes in the state having an area in~~

7831

~~excess of 500 square miles~~.

7832

(2) The commission may charge an annual fee for the

7833

issuance of such permits which shall not exceed:

7834

(a) For a resident trawl permit, $50.

7835

(b) For a resident haul seine permit, $100.

7836

7837

$500.

7838

Section 148. Section 372.66, Florida Statutes, is

7839

renumbered as section 379.364, Florida Statutes, to read:

7840

379.364 ~~372.66~~ License required for fur and hide

7841

dealers.--

7842

(1) It is unlawful for any person to engage in the

7843

business of a dealer or buyer in alligator skins or green or

7844

dried furs in the state or purchase such skins within the state

7845

until such person has been licensed as herein provided.

7846

(2) Any resident dealer or buyer who solicits business

7847

through the mails, or by advertising, or who travels to buy or

7848

employs or has other agents or buyers, shall be deemed a

7849

resident state dealer and must pay a license fee of $100 per

7850

annum.

7851

(3) A nonresident dealer or buyer must pay a license fee

7852

of $500 per annum.

7853

(4) All dealers and buyers shall forward to the Fish and

7854

Wildlife Conservation Commission each 2 weeks during open season

7855

a report showing number and kind of hides bought and name of

7856

trapper from whom bought and the trapper's license number, or if

7857

trapper is exempt from license under any of the provisions of

7858

this chapter, such report shall show the nature of such

7859

exemption. A common carrier may not knowingly ship or transport

7860

or receive for transportation any hides or furs unless such

7861

shipments have marked thereon name of shipper and the number of

7862

her or his fur-animal license or fur dealer's license.

7863

Section 149. Section 370.13, Florida Statutes, is

7864

renumbered as section 379.365, Florida Statutes, and amended to

7865

read:

7866

379.365 ~~370.13~~ Stone crab; regulation.--

7867

(1) FEES AND EQUITABLE RENT.--

7868

(a) Endorsement fee.--The fee for a stone crab endorsement

7869

for the taking of stone crabs, as required by rule of the Fish

7870

and Wildlife Conservation Commission, is $125, $25 of which must

7871

be used solely for trap retrieval under s. 379.2424 ~~370.143~~.

7872

(b) Certificate fees.--

7873

1. For each trap certificate issued by the commission

7874

under the requirements of the stone crab trap limitation program

7875

established by commission rule, there is an annual fee of 50

7876

cents per certificate. Replacement tags for lost or damaged tags

7877

cost 50 cents each plus the cost of shipping. In the event of a

7878

major natural disaster, such as a hurricane or major storm, that

7879

causes massive trap losses within an area declared by the

7880

Governor to be a disaster emergency area, the commission may

7881

temporarily defer or waive replacement tag fees.

7882

2. The fee for transferring trap certificates is $1 per

7883

certificate transferred, except that the fee for eligible crew

7884

members is 50 cents per certificate transferred. Eligible crew

7885

members shall be determined according to criteria established by

7886

rule of the commission. Payment must be made by money order or

7887

cashier's check, submitted with the certificate transfer form

7888

developed by the commission.

7889

3. In addition to the transfer fee, a surcharge of $1 per

7890

certificate transferred, or 25 percent of the actual value of

7891

the transferred certificate, whichever is greater, will be

7892

assessed the first time a certificate is transferred outside the

7893

original holder's immediate family.

7894

4. Transfer fees and surcharges only apply to the actual

7895

number of certificates received by the purchaser. A transfer of

7896

a certificate is not effective until the commission receives a

7897

notarized copy of the bill of sale as proof of the actual value

7898

of the transferred certificate or certificates, which must also

7899

be submitted with the transfer form and payment.

7900

5. A transfer fee will not be assessed or required when

7901

the transfer is within a family as a result of the death or

7902

disability of the certificate owner. A surcharge will not be

7903

assessed for any transfer within an individual's immediate

7904

family.

7905

7906

incidental take endorsement, as established by commission rule,

7907

is $25.

7908

(d) Equitable rent.--The commission may establish by rule

7909

an amount of equitable rent per trap certificate that may be

7910

recovered as partial compensation to the state for the enhanced

7911

access to its natural resources. In determining whether to

7912

establish such a rent and the amount thereof, the commission may

7913

consider the amount of revenues annually generated by

7914

endorsement fees, trap certificate fees, transfer fees,

7915

surcharges, replacement trap tag fees, trap retrieval fees,

7916

incidental take endorsement fees, and the continued economic

7917

viability of the commercial stone crab industry. A rule

7918

establishing an amount of equitable rent shall become effective

7919

only after approval by the Legislature.

7920

(e) Disposition of fees, surcharges, civil penalties and

7921

fines, and equitable rent.--Endorsement fees, trap certificate

7922

fees, transfer fees, civil penalties and fines, surcharges,

7923

replacement trap tag fees, trap retrieval fees, incidental take

7924

endorsement fees, and equitable rent, if any, must be deposited

7925

in the Marine Resources Conservation Trust Fund. Up to 50

7926

percent of the revenues generated under this section may be used

7927

for operation and administration of the stone crab trap

7928

limitation program. All remaining revenues so generated must be

7929

used for trap retrieval, management of the stone crab fishery,

7930

public education activities, evaluation of the impact of trap

7931

reductions on the stone crab fishery, and enforcement activities

7932

in support of the stone crab trap limitation program.

7933

(f) Program to be self-supporting.--The stone crab trap

7934

limitation program is intended to be a self-supporting program

7935

funded from proceeds generated under this section.

7936

(g) No vested rights.--The stone crab trap limitation

7937

program does not create any vested rights for endorsement or

7938

certificateholders and may be altered or terminated by the

7939

commission as necessary to protect the stone crab resource, the

7940

participants in the fishery, or the public interest.

7941

(2) PENALTIES.--For purposes of this subsection,

7942

conviction is any disposition other than acquittal or dismissal,

7943

regardless of whether the violation was adjudicated under any

7944

state or federal law.

7945

(a) It is unlawful to violate commission rules regulating

7946

stone crab trap certificates and trap tags. No person may use an

7947

expired tag or a stone crab trap tag not issued by the

7948

commission or possess or use a stone crab trap in or on state

7949

waters or adjacent federal waters without having a trap tag

7950

required by the commission firmly attached thereto.

7951

1. In addition to any other penalties provided in s.

7952

379.407 ~~370.021~~, for any commercial harvester who violates this

7953

paragraph, the following administrative penalties apply.

7954

a. For a first violation, the commission shall assess an

7955

administrative penalty of up to $1,000.

7956

b. For a second violation that occurs within 24 months of

7957

any previous such violation, the commission shall assess an

7958

administrative penalty of up to $2,000 and the stone crab

7959

endorsement under which the violation was committed may be

7960

suspended for 12 calendar months.

7961

c. For a third violation that occurs within 36 months of

7962

any previous two such violations, the commission shall assess an

7963

administrative penalty of up to $5,000 and the stone crab

7964

endorsement under which the violation was committed may be

7965

suspended for 24 calendar months.

7966

d. A fourth violation that occurs within 48 months of any

7967

three previous such violations, shall result in permanent

7968

revocation of all of the violator's saltwater fishing

7969

privileges, including having the commission proceed against the

7970

endorsement holder's saltwater products license in accordance

7971

with s. 379.407 ~~370.021~~.

7972

2. Any other person who violates the provisions of this

7973

paragraph commits a Level Two violation under s. 379.401 ~~372.83~~.

7974

7975

Any commercial harvester assessed an administrative penalty

7976

under this paragraph shall, within 30 calendar days after

7977

notification, pay the administrative penalty to the commission,

7978

or request an administrative hearing under ss. 120.569 and

7979

120.57. The proceeds of all administrative penalties collected

7980

under this paragraph shall be deposited in the Marine Resources

7981

Conservation Trust Fund.

7982

(b) It is unlawful for any commercial harvester to remove

7983

the contents of another harvester's stone crab trap or take

7984

possession of such without the express written consent of the

7985

trap owner available for immediate inspection. Unauthorized

7986

possession of another's trap gear or removal of trap contents

7987

constitutes theft.

7988

1. Any commercial harvester convicted of theft of or from

7989

a trap pursuant to this subsection or s. 379.402 ~~370.1107~~ shall,

7990

in addition to the penalties specified in s. 379.407 ~~370.021~~ and

7991

the provisions of this section, permanently lose all saltwater

7992

fishing privileges, including saltwater products licenses, stone

7993

crab or incidental take endorsements, and all trap certificates

7994

allotted to such commercial harvester by the commission. In such

7995

cases, trap certificates and endorsements are nontransferable.

7996

2. In addition, any commercial harvester convicted of

7997

violating the prohibitions referenced in this paragraph shall

7998

also be assessed an administrative penalty of up to $5,000.

7999

Immediately upon receiving a citation for a violation involving

8000

theft of or from a trap and until adjudicated for such a

8001

violation, or, upon receipt of a judicial disposition other than

8002

dismissal or acquittal on such a violation, the violator is

8003

prohibited from transferring any stone crab or spiny lobster

8004

certificates.

8005

3. Any other person who violates the provisions of this

8006

paragraph commits a Level Two violation under s. 379.401 ~~372.83~~.

8007

8008

prohibit any of the following:

8009

a. The willful molestation of any stone crab trap, line,

8010

or buoy that is the property of any licenseholder, without the

8011

permission of that licenseholder.

8012

b. The bartering, trading, or sale, or conspiring or

8013

aiding in such barter, trade, or sale, or supplying, agreeing to

8014

supply, aiding in supplying, or giving away stone crab trap tags

8015

or certificates unless the action is duly authorized by the

8016

commission as provided by commission rules.

8017

c. The making, altering, forging, counterfeiting, or

8018

reproducing of stone crab trap tags.

8019

d. Possession of forged, counterfeit, or imitation stone

8020

crab trap tags.

8021

e. Engaging in the commercial harvest of stone crabs

8022

during the time either of the endorsements is under suspension

8023

or revocation.

8024

2. Any commercial harvester who violates this paragraph

8025

commits a felony of the third degree, punishable as provided in

8026

s. 775.082, s. 775.083, or s. 775.084.

8027

3. Any other person who violates this paragraph commits a

8028

Level Four violation under s. 379.401 ~~372.83~~.

8029

8030

In addition, any commercial harvester convicted of violating

8031

this paragraph shall also be assessed an administrative penalty

8032

of up to $5,000, and the incidental take endorsement and/or the

8033

stone crab endorsement under which the violation was committed

8034

may be suspended for up to 24 calendar months. Immediately upon

8035

receiving a citation involving a violation of this paragraph and

8036

until adjudicated for such a violation, or if convicted of such

8037

a violation, the person, firm, or corporation committing the

8038

violation is prohibited from transferring any stone crab

8039

certificates or endorsements.

8040

(d) For any commercial harvester convicted of fraudulently

8041

reporting the actual value of transferred stone crab

8042

certificates, the commission may automatically suspend or

8043

permanently revoke the seller's or the purchaser's stone crab

8044

endorsements. If the endorsement is permanently revoked, the

8045

commission shall also permanently deactivate the endorsement

8046

holder's stone crab certificate accounts. Whether an endorsement

8047

is suspended or revoked, the commission may also levy a fine

8048

against the holder of the endorsement of up to twice the

8049

appropriate surcharge to be paid based on the fair market value

8050

of the transferred certificates.

8051

(e) During any period of suspension or revocation of an

8052

endorsement holder's endorsement, he or she shall remove all

8053

traps subject to that endorsement from the water within 15 days

8054

after notice provided by the commission. Failure to do so will

8055

extend the period of suspension or revocation for an additional

8056

6 calendar months.

8057

(f) An endorsement will not be renewed until all fees and

8058

administrative penalties imposed under this section are paid.

8059

(3) DEPREDATION PERMITS.--The Fish and Wildlife

8060

Conservation Commission shall issue a depredation permit upon

8061

request to any marine aquaculture producer, as defined in s.

8062

379.2523 ~~370.26~~, engaged in the culture of shellfish, which

8063

shall entitle the aquaculture producer to possess and use up to

8064

75 stone crab traps and up to 75 blue crab traps for the sole

8065

purpose of taking destructive or nuisance stone crabs or blue

8066

crabs within 1 mile of the producer's aquaculture shellfish

8067

beds. Stone crabs or blue crabs taken under this subsection may

8068

not be sold, bartered, exchanged, or offered for sale, barter,

8069

or exchange.

8070

~~(4) For the 2006-2007 fiscal year only, the trap tag fees~~

8071

~~required by this section shall be waived by the commission. This~~

8072

~~subsection expires July 1, 2007.~~

8073

Section 150. Section 370.135, Florida Statutes, is

8074

renumbered as section 379.366, Florida Statutes, and amended to

8075

read:

8076

379.366 ~~370.135~~ Blue crab; regulation.--

8077

(1) No commercial harvester shall transport on the water,

8078

fish with or cause to be fished with, set, or place any trap

8079

designed for taking blue crabs unless such commercial harvester

8080

holds a valid saltwater products license and restricted species

8081

endorsement issued under s. 379.361 ~~370.06~~ and a blue crab

8082

endorsement issued under this section. Each trap shall have the

8083

harvester's blue crab endorsement number permanently affixed to

8084

it. Each buoy attached to such a trap shall also have the

8085

harvester's blue crab endorsement number permanently attached to

8086

the buoy. The blue crab endorsement number shall be affixed in

8087

legible figures at least 2 inches high on each buoy used. The

8088

saltwater products license must be on board the boat, and both

8089

the license and the crabs shall be subject to inspection at all

8090

times. This subsection shall not apply to an individual fishing

8091

with no more than five traps.

8092

(2) No person shall harvest blue crabs with more than five

8093

traps, harvest blue crabs in commercial quantities, or sell blue

8094

crabs unless such person holds a valid saltwater products

8095

license with a restricted species endorsement issued under s.

8096

379.361 ~~370.06~~ and a blue crab endorsement issued under this

8097

section.

8098

(a) In the event of the death or disability of a person

8099

holding an active blue crab endorsement, the endorsement may be

8100

transferred by the person to a member of his or her immediate

8101

family or may be renewed by any person so designated by the

8102

executor of the person's estate.

8103

(b) A commercial harvester who holds a saltwater products

8104

license and a blue crab endorsement that is issued to the

8105

commercial harvester's vessel registration number and who

8106

replaces an existing vessel with a new vessel may transfer the

8107

existing blue crab endorsement to the saltwater products license

8108

of the new vessel.

8109

(3)(a) Endorsement fees.--

8110

1. The fee for a hard-shell blue crab endorsement for the

8111

taking of hard-shell blue crabs, as authorized by rule of the

8112

commission, is $125, $25 of which must be used solely for the

8113

trap retrieval program authorized under s. 379.2424 ~~370.143~~ and

8114

in commission rules.

8115

2. The fee for a soft-shell blue crab endorsement for the

8116

taking of soft-shell blue crabs, as authorized by rule of the

8117

commission, is $250, $25 of which must be used solely for the

8118

trap retrieval program authorized under s. 379.2424 ~~370.143~~ and

8119

in commission rules.

8120

3. The fee for a nontransferable hard-shell blue crab

8121

endorsement for the taking of hard-shell blue crabs, as

8122

authorized by rule of the commission, is $125, $25 of which must

8123

be used solely for the trap retrieval program authorized under

8124

s. 379.2424 ~~370.143~~ and in commission rules.

8125

4. The fee for an incidental take blue crab endorsement

8126

for the taking of blue crabs as bycatch in shrimp trawls and

8127

stone crab traps is $25, as authorized in commission rules.

8128

(b) Trap tag fees.--The annual fee for each trap tag

8129

issued by the commission under the requirements of the blue crab

8130

effort management program established by rule of the commission

8131

is 50 cents per tag. The fee for replacement tags for lost or

8132

damaged tags is 50 cents per tag plus the cost of shipping. In

8133

the event of a major natural disaster, such as a hurricane or

8134

major storm, that causes massive trap losses within an area

8135

declared by the Governor to be a disaster emergency area, the

8136

commission may temporarily defer or waive replacement tag fees.

8137

8138

an amount of equitable rent that may be recovered as partial

8139

compensation to the state for the enhanced access to its natural

8140

resources. In determining whether to establish such a rent and

8141

the amount thereof, the commission may consider the amount of

8142

revenues annually generated by endorsement fees, trap tag fees,

8143

replacement trap tag fees, trap retrieval fees, and the

8144

continued economic viability of the commercial blue crab

8145

industry. A rule establishing an amount of equitable rent shall

8146

become effective only upon approval by act of the Legislature.

8147

(d) Disposition of moneys generated from fees and

8148

administrative penalties.--Moneys generated from the sale of

8149

blue crab endorsements, trap tags, and replacement trap tags or

8150

from the assessment of administrative penalties by the

8151

commission under this section shall be deposited into the Marine

8152

Resources Conservation Trust Fund. Up to 50 percent of the

8153

moneys generated from the sale of endorsements and trap tags and

8154

the assessment of administrative penalties may be used for the

8155

operation and administration of the blue crab effort management

8156

program. The remaining moneys generated from the sale of

8157

endorsements and trap tags and the assessment of administrative

8158

penalties may be used for trap retrieval; management of the blue

8159

crab fishery; and public education activities, research, and

8160

enforcement activities in support of the blue crab effort

8161

management program.

8162

(e) Waiver of fees.--For the 2007-2008 license year, the

8163

commission shall waive all fees under this subsection for all

8164

persons who qualify by September 30, 2007, to participate in the

8165

blue crab effort management program established by commission

8166

rule.

8167

(4)(a) Untagged trap penalties.--By July 1, 2008, the

8168

commission shall adopt by rule the administrative penalties

8169

authorized by this subsection. In addition to any other

8170

penalties provided in s. 379.407 ~~370.021~~ for any blue crab

8171

endorsement holder who violates commission rules requiring the

8172

placement of trap tags for traps used for the directed harvest

8173

of blue crabs, the following administrative penalties apply:

8174

1. For a first violation, the commission shall assess an

8175

administrative penalty of up to $1,000.

8176

2. For a second violation that occurs within 24 months

8177

after any previous such violation, the commission shall assess

8178

an administrative penalty of up to $2,000, and the blue crab

8179

endorsement holder's blue crab fishing privileges may be

8180

suspended for 12 calendar months.

8181

3. For a third violation that occurs within 36 months

8182

after any two previous such violations, the commission shall

8183

assess an administrative penalty of up to $5,000, and the blue

8184

crab endorsement holder's blue crab fishing privileges may be

8185

suspended for 24 calendar months.

8186

4. A fourth violation that occurs within 48 months after

8187

any three previous such violations shall result in permanent

8188

revocation of all of the violator's saltwater fishing

8189

privileges, including having the commission proceed against the

8190

endorsement holder's saltwater products license in accordance

8191

with s. 379.407 ~~370.021~~.

8192

8193

Any blue crab endorsement holder assessed an administrative

8194

penalty under this paragraph shall, within 30 calendar days

8195

after notification, pay the administrative penalty to the

8196

commission or request an administrative hearing under ss.

8197

120.569 and 120.57.

8198

(b) Trap theft; prohibitions and penalties.--It is

8199

unlawful for any person to remove or take possession of the

8200

contents of another harvester's blue crab trap without the

8201

express written consent of the trap owner, which must be

8202

available for immediate inspection. Unauthorized possession of

8203

another harvester's blue crab trap gear or removal of trap

8204

contents constitutes theft.

8205

1. Any commercial harvester receiving a judicial

8206

disposition other than dismissal or acquittal on a charge of

8207

theft of or from a trap as prohibited by this paragraph shall,

8208

in addition to the penalties specified in s. 379.407 ~~370.021~~ and

8209

this section, permanently lose all saltwater fishing privileges,

8210

including any saltwater products licenses, blue crab

8211

endorsements, and blue crab trap tags allotted to him or her by

8212

the commission. In such cases, endorsements are nontransferable.

8213

2. In addition, any commercial harvester receiving a

8214

judicial disposition other than dismissal or acquittal for

8215

violating this paragraph shall also be assessed an

8216

administrative penalty of up to $5,000. Immediately upon receipt

8217

of a citation for a violation involving theft of or from a trap

8218

and until adjudicated for such a violation, or upon receipt of a

8219

judicial disposition other than dismissal or acquittal for such

8220

a violation, the commercial harvester committing the violation

8221

is prohibited from transferring any blue crab endorsements.

8222

3. A commercial harvester who violates this paragraph

8223

shall be punished under s. 379.407 ~~370.021~~. Any other person who

8224

violates this paragraph commits a Level Two violation under s.

8225

379.401 ~~372.83~~.

8226

8227

1. It is unlawful for any commercial harvester or any

8228

other person to:

8229

a. Willfully molest any blue crab trap, line, or buoy that

8230

is the property of any licenseholder without the permission of

8231

that licenseholder.

8232

b. Barter, trade, lease, or sell a blue crab trap tag or

8233

conspire or aid in such barter, trade, lease, or sale unless

8234

duly authorized by commission rules.

8235

c. Supply, agree to supply, aid in supplying, or give away

8236

a blue crab trap tag unless duly authorized by commission rules.

8237

d. Make, alter, forge, counterfeit, or reproduce a blue

8238

crab trap tag.

8239

e. Possess an altered, forged, counterfeit, or imitation

8240

blue crab trap tag.

8241

f. Possess a number of original trap tags or replacement

8242

trap tags, the sum of which exceeds by 1 percent the number of

8243

traps allowed by commission rules.

8244

g. Engage in the commercial harvest of blue crabs while

8245

the blue crab endorsements of the licenseholder are under

8246

suspension or revocation.

8247

2. Immediately upon receiving a citation involving a

8248

violation of this paragraph and until adjudicated for such a

8249

violation, a commercial harvester is prohibited from

8250

transferring any blue crab endorsement.

8251

3. A commercial harvester convicted of violating this

8252

paragraph commits a felony of the third degree, punishable as

8253

provided in s. 775.082, s. 775.083, or s. 775.084, shall also be

8254

assessed an administrative penalty of up to $5,000, and is

8255

immediately prohibited from transferring any blue crab

8256

endorsement. All blue crab endorsements issued to a commercial

8257

harvester convicted of violating this paragraph may be suspended

8258

for up to 24 calendar months.

8259

4. Any other person convicted of violating this paragraph

8260

commits a Level Four violation under s. 379.401 ~~372.83~~.

8261

(d) Endorsement transfers; fraudulent reports;

8262

penalties.--For a commercial harvester convicted of fraudulently

8263

reporting the actual value of transferred blue crab

8264

endorsements, the commission may automatically suspend or

8265

permanently revoke the seller's or the purchaser's blue crab

8266

endorsements. If the endorsement is permanently revoked, the

8267

commission shall also permanently deactivate the endorsement

8268

holder's blue crab trap tag accounts.

8269

(e) Prohibitions during endorsement suspension and

8270

revocation.--During any period of suspension or after revocation

8271

of a blue crab endorsement holder's endorsements, he or she

8272

shall, within 15 days after notice provided by the commission,

8273

remove from the water all traps subject to that endorsement.

8274

Failure to do so shall extend the period of suspension for an

8275

additional 6 calendar months.

8276

(5) For purposes of this section, a conviction is any

8277

disposition other than acquittal or dismissal.

8278

(6) A blue crab endorsement may not be renewed until all

8279

fees and administrative penalties imposed under this section are

8280

paid.

8281

(7) Subsections (3), (4), (5), and (6) shall expire on

8282

July 1, 2009, unless reenacted by the Legislature during the

8283

2009 Regular Session.

8284

Section 151. Section 370.14, Florida Statutes, is

8285

renumbered as section 379.367, Florida Statutes, and amended to

8286

read:

8287

379.367 ~~370.14~~ Spiny lobster; regulation.--

8288

(1) It is the intent of the Legislature to maintain the

8289

spiny lobster industry for the economy of the state and to

8290

conserve the stocks supplying this industry. The provisions of

8291

this act regulating the taking of spiny lobster are for the

8292

purposes of ensuring and maintaining the highest possible

8293

production of spiny lobster.

8294

(2)(a)1. Each commercial harvester taking or attempting to

8295

take spiny lobster with a trap in commercial quantities or for

8296

commercial purposes shall obtain and exhibit a spiny lobster

8297

endorsement number, as required by the Fish and Wildlife

8298

Conservation Commission. The annual fee for a spiny lobster

8299

endorsement is $125. This endorsement may be issued by the

8300

commission upon the receipt of application by the commercial

8301

harvester when accompanied by the payment of the fee. The design

8302

of the applications and of the trap tag shall be determined by

8303

the commission. Any trap or device used in taking or attempting

8304

to take spiny lobster, other than a trap with the endorsement

8305

number, shall be seized and destroyed by the commission. The

8306

proceeds of the fees imposed by this paragraph shall be

8307

deposited and used as provided in paragraph (b). The commission

8308

may adopt rules to carry out the intent of this section.

8309

2. Each commercial harvester taking or attempting to take

8310

spiny lobster in commercial quantities or for commercial

8311

purposes by any method, other than with a trap having a spiny

8312

lobster endorsement number issued by the commission, must pay an

8313

annual fee of $100.

8314

(b) Twenty-five dollars of the $125 fee for a spiny

8315

lobster endorsement required under subparagraph (a)1. must be

8316

used only for trap retrieval as provided in s. 379.2424 ~~370.143~~.

8317

The remainder of the fees collected under paragraph (a) shall be

8318

deposited as follows:

8319

1. Fifty percent of the fees collected shall be deposited

8320

in the Marine Resources Conservation Trust Fund for use in

8321

enforcing the provisions of paragraph (a) through aerial and

8322

other surveillance and trap retrieval.

8323

2. Fifty percent of the fees collected shall be deposited

8324

as provided in s. 379.3671(5) ~~370.142(5)~~.

8325

(3) The spiny lobster endorsement must be on board the

8326

boat, and both the endorsement and the harvested spiny lobster

8327

shall be subject to inspection at all times. Only one

8328

endorsement shall be issued for each boat. The spiny lobster

8329

endorsement number must be prominently displayed above the

8330

topmost portion of the boat so as to be easily and readily

8331

identified.

8332

(4)(a) It is unlawful for any person willfully to molest

8333

any spiny lobster traps, lines, or buoys belonging to another

8334

without permission of the licenseholder.

8335

(b) A commercial harvester who violates this subsection

8336

commits a felony of the third degree, punishable as provided in

8337

s. 775.082 or s. 775.083. Any other person who violates this

8338

subsection commits a Level Four violation under s. 379.401

8339

~~372.83~~.

8340

(5) Any spiny lobster licenseholder, upon selling licensed

8341

spiny lobster traps, shall furnish the commission notice of such

8342

sale of all or part of his or her interest within 15 days

8343

thereof. Any holder of said license shall also notify the

8344

commission within 15 days if his or her address no longer

8345

conforms to the address appearing on the license and shall, as a

8346

part of such notification, furnish the commission with his or

8347

her new address.

8348

(6)(a) By a special permit granted by the commission, a

8349

Florida-licensed seafood dealer may lawfully import, process,

8350

and package spiny lobster or uncooked tails of the species

8351

Panulirus argus during the closed season. However, spiny lobster

8352

landed under special permit shall not be sold in the state.

8353

(b) The licensed seafood dealer importing any such spiny

8354

lobster under the permit shall, 12 hours prior to the time the

8355

seagoing vessel or airplane delivering such imported spiny

8356

lobster enters the state, notify the commission as to the

8357

seagoing vessel's name or the airplane's registration number and

8358

its captain, location, and point of destination.

8359

8360

the permitholder's place of business, the spiny lobster cargo

8361

shall be weighed and shall be available for inspection by the

8362

commission. A signed receipt of such quantity in pounds shall be

8363

forwarded to the commission within 48 hours after shipment

8364

weigh-in completion. If requested by the commission, the weigh-

8365

in process will be delayed up to 4 hours to allow for a

8366

commission representative to be present during the process.

8367

(d) Within 48 hours after shipment weigh-in completion,

8368

the permitholder shall submit to the commission, on forms

8369

provided by the commission, a sworn report of the quantity in

8370

pounds of the spiny lobster received, which report shall include

8371

the location of said spiny lobster and a sworn statement that

8372

said spiny lobster were taken at least 50 miles from Florida's

8373

shoreline. The landing of spiny lobster or spiny lobster tails

8374

from which the eggs, swimmerettes, or pleopods have been

8375

removed; the falsification of information as to area from which

8376

spiny lobster were obtained; or the failure to file the report

8377

called for in this section shall be grounds to revoke the

8378

permit.

8379

(e) Each permitholder shall keep throughout the period of

8380

the closed season copies of the bill of sale or invoices

8381

covering each transaction involving spiny lobster imported under

8382

this permit. Such invoices and bills shall be kept available at

8383

all times for inspection by the commission.

8384

(7)(a) A Florida-licensed seafood dealer may obtain a

8385

special permit to import, process, and package uncooked tails of

8386

spiny lobster upon the payment of the sum of $100 to the

8387

commission.

8388

(b) A special permit must be obtained by any airplane or

8389

seagoing vessel other than a common carrier used to transport

8390

spiny lobster or spiny lobster tails for purchase by licensed

8391

seafood dealers for purposes as provided herein upon the payment

8392

of $50.

8393

8394

nontransferable.

8395

(8) No common carrier or employee of said carrier may

8396

carry, knowingly receive for carriage, or permit the carriage of

8397

any spiny lobster of the species Panulirus argus, regardless of

8398

where taken, during the closed season, except of the species

8399

Panulirus argus lawfully imported from a foreign country for

8400

reshipment outside of the territorial limits of the state under

8401

United States Customs bond or in accordance with paragraph

8402

(7)(a).

8403

Section 152. Section 370.142, Florida Statutes, is

8404

renumbered as section 379.3671, Florida Statutes, and amended to

8405

read:

8406

379.3671 ~~370.142~~ Spiny lobster trap certificate program.--

8407

(1) INTENT.--Due to rapid growth, the spiny lobster

8408

fishery is experiencing increased congestion and conflict on the

8409

water, excessive mortality of undersized lobsters, a declining

8410

yield per trap, and public concern over petroleum and debris

8411

pollution from existing traps. In an effort to solve these and

8412

related problems, the Legislature intends to develop pursuant to

8413

the provisions of this section a spiny lobster trap certificate

8414

program, the principal goal of which is to stabilize the fishery

8415

by reducing the total number of traps, which should increase the

8416

yield per trap and therefore maintain or increase overall catch

8417

levels. The Legislature seeks to preserve as much flexibility in

8418

the program as possible for the fishery's various constituents

8419

and ensure that any reduction in total trap numbers will be

8420

proportioned equally on a percentage basis among all users of

8421

traps in the fishery.

8422

(2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

8423

PENALTIES.--The Fish and Wildlife Conservation Commission shall

8424

establish a trap certificate program for the spiny lobster

8425

fishery of this state and shall be responsible for its

8426

administration and enforcement as follows:

8427

(a) Transferable trap certificates.--Each holder of a

8428

saltwater products license who uses traps for taking or

8429

attempting to take spiny lobsters shall be required to have a

8430

certificate on record for each trap possessed or used therefor,

8431

except as otherwise provided in this section.

8432

1. Trap certificates are transferable on a market basis

8433

and may be transferred from one licenseholder to another for a

8434

fair market value agreed upon between the transferor and

8435

transferee. Each such transfer shall, within 72 hours thereof,

8436

be recorded on a notarized form provided for that purpose by the

8437

Fish and Wildlife Conservation Commission and hand delivered or

8438

sent by certified mail, return receipt requested, to the

8439

commission for recordkeeping purposes. In order to cover the

8440

added administrative costs of the program and to recover an

8441

equitable natural resource rent for the people of the state, a

8442

transfer fee of $2 per certificate transferred shall be assessed

8443

against the purchasing licenseholder and sent by money order or

8444

cashier's check with the certificate transfer form. Also, in

8445

addition to the transfer fee, a surcharge of $5 per certificate

8446

transferred or 25 percent of the actual market value, whichever

8447

is greater, given to the transferor shall be assessed the first

8448

time a certificate is transferred outside the original

8449

transferor's immediate family. No transfer of a certificate

8450

shall be effective until the commission receives the notarized

8451

transfer form and the transfer fee, including any surcharge, is

8452

paid. The commission may establish by rule an amount of

8453

equitable rent per trap certificate that shall be recovered as

8454

partial compensation to the state for the enhanced access to its

8455

natural resources. A rule establishing an amount of equitable

8456

rent shall become effective only after approval by the

8457

Legislature. In determining whether to establish such a rent

8458

and, if so, the amount thereof, the commission shall consider

8459

the amount of revenues annually generated by certificate fees,

8460

transfer fees, surcharges, trap license fees, and sales taxes,

8461

the demonstrated fair market value of transferred certificates,

8462

and the continued economic viability of the commercial lobster

8463

industry. All proceeds of equitable rent recovered shall be

8464

deposited in the Marine Resources Conservation Trust Fund and

8465

used by the commission for research, management, and protection

8466

of the spiny lobster fishery and habitat. A transfer fee may not

8467

be assessed or required when the transfer is within a family as

8468

a result of the death or disability of the certificate owner. A

8469

surcharge will not be assessed for any transfer within an

8470

individual's immediate family.

8471

2. No person, firm, corporation, or other business entity

8472

may control, directly or indirectly, more than 1.5 percent of

8473

the total available certificates in any license year.

8474

3. The commission shall maintain records of all

8475

certificates and their transfers and shall annually provide each

8476

licenseholder with a statement of certificates held.

8477

4. The number of trap tags issued annually to each

8478

licenseholder shall not exceed the number of certificates held

8479

by the licenseholder at the time of issuance, and such tags and

8480

a statement of certificates held shall be issued simultaneously.

8481

5. It is unlawful for any person to lease spiny lobster

8482

trap tags or certificates.

8483

(b) Trap tags.--Each trap used to take or attempt to take

8484

spiny lobsters in state waters or adjacent federal waters shall,

8485

in addition to the spiny lobster endorsement number required by

8486

s. 379.367(2) ~~370.14(2)~~, have affixed thereto an annual trap tag

8487

issued by the commission. Each such tag shall be made of durable

8488

plastic or similar material and shall, based on the number of

8489

certificates held, have stamped thereon the owner's license

8490

number. To facilitate enforcement and recordkeeping, such tags

8491

shall be issued each year in a color different from that of each

8492

of the previous 3 years. The annual certificate fee shall be $1

8493

per certificate. Replacement tags for lost or damaged tags may

8494

be obtained as provided by rule of the commission. In the event

8495

of a major natural disaster, such as a hurricane or major storm,

8496

that causes massive trap losses within an area declared by the

8497

Governor to be a disaster emergency area, the commission may

8498

temporarily defer or waive replacement tag fees.

8499

8500

1. It is unlawful for a person to possess or use a spiny

8501

lobster trap in or on state waters or adjacent federal waters

8502

without having affixed thereto the trap tag required by this

8503

section. It is unlawful for a person to possess or use any other

8504

gear or device designed to attract and enclose or otherwise aid

8505

in the taking of spiny lobster by trapping that is not a trap as

8506

defined by commission rule.

8507

2. It is unlawful for a person to possess or use spiny

8508

lobster trap tags without having the necessary number of

8509

certificates on record as required by this section.

8510

3. It is unlawful for any person to willfully molest, take

8511

possession of, or remove the contents of another harvester's

8512

spiny lobster trap without the express written consent of the

8513

trap owner available for immediate inspection. Unauthorized

8514

possession of another's trap gear or removal of trap contents

8515

constitutes theft.

8516

a. A commercial harvester who violates this subparagraph

8517

shall be punished under ss. 379.367 and 379.407 ~~370.021 and~~

8518

~~370.14~~. Any commercial harvester receiving a judicial

8519

disposition other than dismissal or acquittal on a charge of

8520

theft of or from a trap pursuant to this subparagraph or s.

8521

379.402 ~~370.1107~~ shall, in addition to the penalties specified

8522

in ss. 379.367 and 379.407 ~~370.021 and 370.14~~ and the provisions

8523

of this section, permanently lose all his or her saltwater

8524

fishing privileges, including his or her saltwater products

8525

license, spiny lobster endorsement, and all trap certificates

8526

allotted to him or her through this program. In such cases, trap

8527

certificates and endorsements are nontransferable.

8528

b. Any commercial harvester receiving a judicial

8529

disposition other than dismissal or acquittal on a charge of

8530

willful molestation of a trap, in addition to the penalties

8531

specified in ss. 379.367 and 379.407 ~~370.021 and 370.14~~, shall

8532

lose all saltwater fishing privileges for a period of 24

8533

calendar months.

8534

c. In addition, any commercial harvester charged with

8535

violating this subparagraph and receiving a judicial disposition

8536

other than dismissal or acquittal for violating this

8537

subparagraph or s. 379.402 ~~370.1107~~ shall also be assessed an

8538

administrative penalty of up to $5,000.

8539

8540

Immediately upon receiving a citation for a violation involving

8541

theft of or from a trap, or molestation of a trap, and until

8542

adjudicated for such a violation or, upon receipt of a judicial

8543

disposition other than dismissal or acquittal of such a

8544

violation, the commercial harvester committing the violation is

8545

prohibited from transferring any spiny lobster trap certificates

8546

and endorsements.

8547

4. In addition to any other penalties provided in s.

8548

379.407 ~~370.021~~, a commercial harvester who violates the

8549

provisions of this section or commission rules relating to spiny

8550

lobster traps shall be punished as follows:

8551

a. If the first violation is for violation of subparagraph

8552

1. or subparagraph 2., the commission shall assess an additional

8553

administrative penalty of up to $1,000. For all other first

8554

violations, the commission shall assess an additional

8555

administrative penalty of up to $500.

8556

b. For a second violation of subparagraph 1. or

8557

subparagraph 2. which occurs within 24 months of any previous

8558

such violation, the commission shall assess an additional

8559

administrative penalty of up to $2,000 and the spiny lobster

8560

endorsement issued under s. 379.367(2) or (6) ~~370.14(2) or (6)~~

8561

may be suspended for the remainder of the current license year.

8562

c. For a third or subsequent violation of subparagraph 1.,

8563

subparagraph 2., or subparagraph 3. which occurs within 36

8564

months of any previous two such violations, the commission shall

8565

assess an additional administrative penalty of up to $5,000 and

8566

may suspend the spiny lobster endorsement issued under s.

8567

379.367(2) or (6) ~~370.14(2) or (6)~~ for a period of up to 24

8568

months or may revoke the spiny lobster endorsement and, if

8569

revoking the spiny lobster endorsement, may also proceed against

8570

the licenseholder's saltwater products license in accordance

8571

with the provisions of s. 379.407(2)(h) ~~370.021(2)(h)~~.

8572

d. Any person assessed an additional administrative

8573

penalty pursuant to this section shall within 30 calendar days

8574

after notification:

8575

(I) Pay the administrative penalty to the commission; or

8576

(II) Request an administrative hearing pursuant to the

8577

provisions of ss. 120.569 and 120.57.

8578

e. The commission shall suspend the spiny lobster

8579

endorsement issued under s. 379.367(2) or (6) ~~370.14(2) or (6)~~

8580

for any person failing to comply with the provisions of sub-

8581

subparagraph d.

8582

5.a. It is unlawful for any person to make, alter, forge,

8583

counterfeit, or reproduce a spiny lobster trap tag or

8584

certificate.

8585

b. It is unlawful for any person to knowingly have in his

8586

or her possession a forged, counterfeit, or imitation spiny

8587

lobster trap tag or certificate.

8588

c. It is unlawful for any person to barter, trade, sell,

8589

supply, agree to supply, aid in supplying, or give away a spiny

8590

lobster trap tag or certificate or to conspire to barter, trade,

8591

sell, supply, aid in supplying, or give away a spiny lobster

8592

trap tag or certificate unless such action is duly authorized by

8593

the commission as provided in this chapter or in the rules of

8594

the commission.

8595

6.a. Any commercial harvester who violates the provisions

8596

of subparagraph 5., or any commercial harvester who engages in

8597

the commercial harvest, trapping, or possession of spiny lobster

8598

without a spiny lobster endorsement as required by s. 379.367(2)

8599

or (6) ~~370.14(2) or (6)~~ or during any period while such spiny

8600

lobster endorsement is under suspension or revocation, commits a

8601

felony of the third degree, punishable as provided in s.

8602

775.082, s. 775.083, or s. 775.084.

8603

b. In addition to any penalty imposed pursuant to sub-

8604

subparagraph a., the commission shall levy a fine of up to twice

8605

the amount of the appropriate surcharge to be paid on the fair

8606

market value of the transferred certificates, as provided in

8607

subparagraph (a)1., on any commercial harvester who violates the

8608

provisions of sub-subparagraph 5.c.

8609

c. In addition to any penalty imposed pursuant to sub-

8610

subparagraph a., any commercial harvester receiving any judicial

8611

disposition other than acquittal or dismissal for a violation of

8612

subparagraph 5. shall be assessed an administrative penalty of

8613

up to $5,000, and the spiny lobster endorsement under which the

8614

violation was committed may be suspended for up to 24 calendar

8615

months. Immediately upon issuance of a citation involving a

8616

violation of subparagraph 5. and until adjudication of such a

8617

violation, and after receipt of any judicial disposition other

8618

than acquittal or dismissal for such a violation, the commercial

8619

harvester holding the spiny lobster endorsement listed on the

8620

citation is prohibited from transferring any spiny lobster trap

8621

certificates.

8622

d. Any other person who violates the provisions of

8623

subparagraph 5. commits a Level Four violation under s. 379.401

8624

~~372.83~~.

8625

7. Any certificates for which the annual certificate fee

8626

is not paid for a period of 3 years shall be considered

8627

abandoned and shall revert to the commission. During any period

8628

of trap reduction, any certificates reverting to the commission

8629

shall become permanently unavailable and be considered in that

8630

amount to be reduced during the next license-year period.

8631

Otherwise, any certificates that revert to the commission are to

8632

be reallotted in such manner as provided by the commission.

8633

8. The proceeds of all administrative penalties collected

8634

pursuant to subparagraph 4. and all fines collected pursuant to

8635

sub-subparagraph 6.b. shall be deposited into the Marine

8636

Resources Conservation Trust Fund.

8637

9. All traps shall be removed from the water during any

8638

period of suspension or revocation.

8639

10. Except as otherwise provided, any person who violates

8640

this paragraph commits a Level Two violation under s. 379.401

8641

~~372.83~~.

8642

(d) No vested rights.--The trap certificate program shall

8643

not create vested rights in licenseholders whatsoever and may be

8644

altered or terminated as necessary to protect the spiny lobster

8645

resource, the participants in the fishery, or the public

8646

interest.

8647

(3) TRAP REDUCTION.--The objective of the overall trap

8648

certificate program is to reduce the number of traps used in the

8649

spiny lobster fishery to the lowest number that will maintain or

8650

increase overall catch levels, promote economic efficiency in

8651

the fishery, and conserve natural resources. Therefore, the

8652

Marine Fisheries Commission shall set an overall trap reduction

8653

goal based on maintaining or maximizing a sustained harvest from

8654

the spiny lobster fishery. To reach that goal, the Marine

8655

Fisheries Commission shall, by July 1, 1992, set an annual trap

8656

reduction schedule, not to exceed 10 percent per year,

8657

applicable to all certificateholders until the overall trap

8658

reduction goal is reached. All certificateholders shall have

8659

their certificate holdings reduced by the same percentage of

8660

certificates each year according to the trap reduction schedule.

8661

Until July 1, 1999, the Department of Environmental Protection

8662

shall issue the number of trap tags authorized by the Marine

8663

Fisheries Commission, as requested, and a revised statement of

8664

certificates held. Beginning July 1, 1999, the Fish and Wildlife

8665

Conservation Commission shall annually issue the number of trap

8666

tags authorized by the commission's schedule, as requested, and

8667

a revised statement of certificates held. Certificateholders may

8668

maintain or increase their total number of certificates held by

8669

purchasing available certificates from within the authorized

8670

total. The Fish and Wildlife Conservation Commission shall

8671

provide for an annual evaluation of the trap reduction process

8672

and shall suspend the annual percentage reductions for any

8673

period deemed necessary by the commission in order to assess the

8674

impact of the trap reduction schedule on the fishery. The Fish

8675

and Wildlife Conservation Commission may then, by rule, resume,

8676

terminate, or reverse the schedule as it deems necessary to

8677

protect the spiny lobster resource and the participants in the

8678

fishery.

8679

(4) TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS

8680

BOARD.--There is hereby established the Trap Certificate

8681

Technical Advisory and Appeals Board. Such board shall consider

8682

and advise the commission on disputes and other problems arising

8683

from the implementation of the spiny lobster trap certificate

8684

program. The board may also provide information to the

8685

commission on the operation of the trap certificate program.

8686

(a) The board shall consist of the executive director of

8687

the commission or designee and nine other members appointed by

8688

the executive director, according to the following criteria:

8689

1. All appointed members shall be certificateholders, but

8690

two shall be holders of fewer than 100 certificates, two shall

8691

be holders of at least 100 but no more than 750 certificates,

8692

three shall be holders of more than 750 but not more than 2,000

8693

certificates, and two shall be holders of more than 2,000

8694

certificates.

8695

2. At least one member each shall come from Broward, Dade,

8696

and Palm Beach Counties; and five members shall come from the

8697

various regions of the Florida Keys.

8698

3. At least one appointed member shall be a person of

8699

Hispanic origin capable of speaking English and Spanish.

8700

(b) The term of each appointed member shall be for 4

8701

years, and any vacancy shall be filled for the balance of the

8702

unexpired term with a person of the qualifications necessary to

8703

maintain the requirements of paragraph (a). There shall be no

8704

limitation on successive appointments to the board.

8705

8706

shall serve as a member and shall call the organizational

8707

meeting of the board. The board shall annually elect a chair and

8708

a vice chair. There shall be no limitation on successive terms

8709

that may be served by a chair or vice chair. The board shall

8710

meet at the call of its chair, at the request of a majority of

8711

its membership, at the request of the commission, or at such

8712

times as may be prescribed by its rules. A majority of the board

8713

shall constitute a quorum, and official action of the board

8714

shall require a majority vote of the total membership of the

8715

board present at the meeting.

8716

(d) The procedural rules adopted by the board shall

8717

conform to the requirements of chapter 120.

8718

(e) Members of the board shall be reimbursed for per diem

8719

and travel expenses as provided in s. 112.061.

8720

(f) Upon reaching a decision on any dispute or problem

8721

brought before it, including any decision involving the

8722

allotment of certificates under paragraph (g), the board shall

8723

submit such decision to the executive director of the commission

8724

for final approval. The executive director of the commission may

8725

alter or disapprove any decision of the board, with notice

8726

thereof given in writing to the board and to each party in the

8727

dispute explaining the reasons for the disapproval. The action

8728

of the executive director of the commission constitutes final

8729

agency action.

8730

(g) In addition to those certificates allotted pursuant to

8731

the provisions of subparagraph (2)(a)1., up to 125,000

8732

certificates may be allotted by the board to settle disputes or

8733

other problems arising from implementation of the trap

8734

certificate program during the 1992-1993 and 1993-1994 license

8735

years. Any certificates not allotted by March 31, 1994, shall

8736

become permanently unavailable and shall be considered as part

8737

of the 1994-1995 reduction schedule. All appeals for additional

8738

certificates or other disputes must be filed with the board

8739

before October 1, 1993.

8740

(h) Any trap certificates issued by the Department of

8741

Environmental Protection and, effective July 1, 1999, the

8742

commission as a result of the appeals process must be added to

8743

the existing number of trap certificates for the purposes of

8744

determining the total number of certificates from which the

8745

subsequent season's trap reduction is calculated.

8746

(i) On and after July 1, 1994, the board shall no longer

8747

consider and advise the Fish and Wildlife Conservation

8748

Commission on disputes and other problems arising from

8749

implementation of the trap certificate program nor allot any

8750

certificates with respect thereto.

8751

(5) DISPOSITION OF FEES AND SURCHARGES.--Transfer fees and

8752

surcharges, annual trap certificate fees, and recreational tag

8753

fees collected pursuant to paragraphs (2)(a) and (b) shall be

8754

deposited in the Marine Resources Conservation Trust Fund and

8755

used for administration of the trap certificate program,

8756

research and monitoring of the spiny lobster fishery, and

8757

enforcement and public education activities in support of the

8758

purposes of this section and shall also be for the use of the

8759

Fish and Wildlife Conservation Commission in evaluating the

8760

impact of the trap reduction schedule on the spiny lobster

8761

fishery; however, at least 15 percent of the fees and surcharges

8762

collected shall be provided to the commission for such

8763

evaluation.

8764

(6) RULEMAKING AUTHORITY.--The Fish and Wildlife

8765

Conservation Commission may adopt rules to implement the

8766

provisions of this section.

8767

~~(7) For the 2006-2007 fiscal year only, the trap tag fees~~

8768

~~required by this section shall be waived by the commission. This~~

8769

~~subsection expires July 1, 2007.~~

8770

Section 153. Subsections (2),(3), and (4) of section

8771

370.143, Florida Statutes, are renumbered as section 379.368,

8772

Florida Statutes, and amended to read:

8773

379.368 ~~370.143~~ Fees for the retrieval of spiny lobster,

8774

stone crab, blue crab, and black sea bass traps during closed

8775

season~~; commission authority; fees~~.--

8776

(1)~~(2)~~ Pursuant to s. 379.2424, the commission shall

8777

assess trap owners, and collect, a retrieval fee of $10 per trap

8778

retrieved ~~shall be assessed trap owners~~. However, for each

8779

person holding a spiny lobster endorsement, a stone crab

8780

endorsement, or a blue crab endorsement issued under rule of the

8781

commission, the retrieval fee shall be waived for the first five

8782

traps retrieved. Traps recovered under this program shall become

8783

the property of the commission or its contract agent, as

8784

determined by the commission, and shall be either destroyed or

8785

resold to the original owner. Revenue from retrieval fees shall

8786

be deposited in the Marine Resources Conservation Trust Fund and

8787

used solely for operation of the trap retrieval program.

8788

(2)~~(3)~~ Payment of all assessed retrieval fees shall be

8789

required prior to renewal of the trap owner's saltwater products

8790

license. Retrieval fees assessed under this program shall stand

8791

in lieu of other penalties imposed for such trap violations.

8792

(3)~~(4)~~ In the event of a major natural disaster, such as a

8793

hurricane or major storm, that causes massive trap losses within

8794

an area declared by the Governor to be a disaster emergency

8795

area, the commission shall waive trap retrieval fees.

8796

Section 154. Section 370.1535, Florida Statutes, is

8797

renumbered as section 379.369, Florida Statutes, and amended to

8798

read:

8799

379.369 ~~370.1535~~ Fees for ~~Regulation of~~ shrimp fishing in

8800

Tampa Bay~~; licensing requirements~~.--

8801

~~(1) No person shall operate as a dead shrimp producer in~~

8802

~~any waters of Tampa Bay unless such person has procured from the~~

8803

~~Fish and Wildlife Conservation Commission a dead shrimp~~

8804

~~production permit.~~

8805

~~(2) The Fish and Wildlife Conservation Commission is~~

8806

~~authorized to issue a dead shrimp production permit to persons~~

8807

~~qualified pursuant to the following criteria:~~

8808

~~(a) The person has submitted an application designed by~~

8809

~~the commission for such permit.~~

8810

~~(b) One permit is required for each vessel used for dead~~

8811

~~shrimp production in the waters of Tampa Bay. A permit shall~~

8812

~~only be issued to an individual who is the principal owner of~~

8813

~~the vessel or of the business entity owning the vessel and~~

8814

~~utilizing the permit. No more than three permits shall be issued~~

8815

~~to any individual.~~

8816

~~(c)~~ Each application for a permit to shrimp fish in the

8817

waters of Tampa Bay shall be accompanied by a fee of $250 for

8818

each resident of the state and $1,000 for each nonresident of

8819

the state. The proceeds of the fees collected pursuant to this

8820

paragraph shall be deposited into the Marine Resources

8821

Conservation Trust Fund to be used by the commission for the

8822

purpose of enforcement of marine resource laws.

8823

~~(d) No person shall be issued a permit or be allowed to~~

8824

~~renew a permit if such person is registered for noncommercial~~

8825

~~trawling pursuant to s. 370.15(4).~~

8826

~~(e) Each applicant shall make application prior to June~~

8827

~~30, 1992, and shall hold any other license or registration~~

8828

~~required to operate a commercial fishing vessel in Tampa Bay on~~

8829

~~the date of application.~~

8830

~~(3) Each permit issued in the base year of 1992 shall be~~

8831

~~renewable by June 30 in each subsequent year upon application~~

8832

~~meeting the requirements for issuance for an initial permit~~

8833

~~pursuant to subsection (2). The number of permits outstanding in~~

8834

~~any one year shall not exceed the number issued for 1992. No~~

8835

~~permit shall be transferable by any method, including devise or~~

8836

~~inheritance, and a permit shall be renewable only by the initial~~

8837

~~holder thereof. All permits not renewed for any reason shall~~

8838

~~expire and shall not be renewable under any circumstances.~~

8839

~~(4) No person harvesting dead shrimp from Tampa Bay shall~~

8840

~~sell such shrimp to any person unless such seller is in~~

8841

~~possession of a dead shrimp production permit issued pursuant to~~

8842

~~this section. Except for purchases from other wholesale dealers,~~

8843

~~no wholesale dealer, as defined in s. 370.07(1)(a)3., shall~~

8844

~~purchase dead shrimp harvested in Tampa Bay, unless the seller~~

8845

~~produces his or her dead shrimp production permit prior to the~~

8846

~~sale of the shrimp.~~

8847

~~(5) The operator of any vessel used in Tampa Bay for dead~~

8848

~~shrimp production shall possess while in or on the waters of the~~

8849

~~bay and produce upon the request of any duly authorized law~~

8850

~~enforcement officer a current dead shrimp production permit~~

8851

~~issued for the vessel pursuant to this section.~~

8852

~~(6) Each person harvesting shrimp in Tampa Bay pursuant to~~

8853

~~the permit required by this section shall comply with all rules~~

8854

~~of the Fish and Wildlife Conservation Commission regulating such~~

8855

~~harvest.~~

8856

~~(7) For purpose of this section, "Tampa Bay" means all the~~

8857

~~waters of the bay east and north of the Sunshine Skyway Bridge~~

8858

~~(U.S. 19 and Interstate 275).~~

8859

Section 155. Section 379.3711, Florida Statutes, is

8860

created to read:

8861

379.3711 License fee for private game preserves and

8862

farms.--The licensee fee for establishing, maintaining, and

8863

operating a private preserve and farm pursuant to s. 379.302 is

8864

$50 per year. The fee is payable to the commission and shall be

8865

deposited in the State Game Trust Fund.

8866

Section 156. Section 372.661, Florida Statutes, is

8867

renumbered as section 379.3712, Florida Statutes, and amended to

8868

read:

8869

379.3712 ~~372.661~~ Private hunting preserve license fees;

8870

exception.--

8871

(1) Any person who operates a private hunting preserve

8872

commercially or otherwise shall be required to pay a license fee

8873

of $70 for each such preserve; provided, however, that during

8874

the open season established for wild game of any species a

8875

private individual may take artificially propagated game of such

8876

species up to the bag limit prescribed for the particular

8877

species without being required to pay the license fee required

8878

by this section; provided further that if any such individual

8879

shall charge a fee for taking such game she or he shall be

8880

required to pay the license fee required by this section and to

8881

comply with the rules of the commission relative to the

8882

operation of private hunting preserves.

8883

(2) A commercial hunting preserve license, which shall

8884

exempt patrons of licensed preserves from the license and permit

8885

requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j)

8886

~~372.57(4)(c), (d), (f), (h), (i), and (j)~~; (5)(g) and (h);

8887

(8)(a), (b), and (e); (9)(a)2.; (11); and (12) while hunting on

8888

the licensed preserve property, shall be $500. Such commercial

8889

hunting preserve license shall be available only to those

8890

private hunting preserves licensed pursuant to this section

8891

which are operated exclusively for commercial purposes, which

8892

are open to the public, and for which a uniform fee is charged

8893

to patrons for hunting privileges.

8894

Section 157. Section 372.86, Florida Statutes, is

8895

renumbered as section 379.372, Florida Statutes, to read:

8896

379.372 ~~372.86~~ Capturing, keeping, possessing,

8897

transporting, or exhibiting venomous reptiles or reptiles of

8898

concern; license required.--

8899

(1) No person, firm, or corporation shall capture, keep,

8900

possess, or exhibit any poisonous or venomous reptile or reptile

8901

of concern without first having obtained a special permit or

8902

license therefor from the Fish and Wildlife Conservation

8903

Commission as provided in this section.

8904

(2) By December 31, 2007, the commission shall establish a

8905

list of reptiles of concern, including venomous, nonvenomous,

8906

native, nonnative, or other reptiles, which require additional

8907

regulation for capture, possession, transportation, or

8908

exhibition due to their nature, habits, status, or potential to

8909

negatively impact the environment, ecology, or humans.

8910

(3) It shall be unlawful for any person, firm, or

8911

corporation, whether licensed hereunder or not, to capture,

8912

keep, possess, or exhibit any venomous reptile or reptile of

8913

concern in any manner not approved as safe, secure, and proper

8914

by the commission. Venomous reptiles or reptiles of concern held

8915

in captivity are subject to inspection by the commission. The

8916

commission shall determine whether the reptiles are securely,

8917

safely, and properly penned. In the event that the reptiles are

8918

not safely penned, the commission shall report the situation in

8919

writing to the person, firm, or corporation owning the reptiles.

8920

Failure of the person, firm, or corporation to correct the

8921

situation within 30 days after such written notice shall be

8922

grounds for revocation of the license or permit of the person,

8923

firm, or corporation.

8924

(4) Venomous reptiles or reptiles of concern shall be

8925

transported in a safe, secure, and proper manner. The commission

8926

shall establish by rule the requirements for the transportation

8927

of venomous reptiles or reptiles of concern.

8928

Section 158. Section 372.87, Florida Statutes, is

8929

renumbered as 379.373, Florida Statutes, to read:

8930

379.373 ~~372.87~~ License fee; renewal, revocation.--

8931

(1)(a) The Fish and Wildlife Conservation Commission is

8932

authorized and empowered to issue a license or permit for the

8933

capturing, keeping, possessing, or exhibiting of venomous

8934

reptiles, upon payment of an annual fee of $100 and upon

8935

assurance that all of the provisions of ss. 379.372-379.305 and

8936

ss. 379.372-379.374 ~~372.86-372.92~~ and such other reasonable

8937

rules and regulations as the commission may prescribe will be

8938

fully complied with in all respects.

8939

(b) The Fish and Wildlife Conservation Commission is

8940

authorized and empowered to issue a license or permit for the

8941

capturing, keeping, possessing, or exhibiting of reptiles of

8942

concern upon payment of an annual fee not to exceed $100 and

8943

upon assurance that all of the provisions of ss. 379.305,

8944

379.372, 379.373, and 379.374 ~~372.86-372.92~~ and such other

8945

reasonable rules and regulations as the commission may prescribe

8946

will be fully complied with in all respects. The annual fee for

8947

issuance or renewal of a license or permit under this paragraph

8948

for reptiles of concern is initially set at $100. However, the

8949

commission may reduce that annual fee by rule if the commission

8950

determines that there is general compliance with ss. 379.305,

8951

379.372, 379.373, and 379.374 ~~372.86-372.92~~ and that such

8952

compliance allows for a reduction in fees to cover the costs of

8953

administering and enforcing the reptiles of concern program. The

8954

commission may issue a license or permit to an applicant who

8955

holds a current and valid license or permit for venomous

8956

reptiles under paragraph (a) and meets all requirements for the

8957

capturing, keeping, possessing, or exhibiting of reptiles of

8958

concern, but shall not require payment of an additional annual

8959

fee.

8960

(2) Such permits or licenses may be revoked by the

8961

commission upon violation of any of the provisions of ss.

8962

379.305, 379.372, 379.373, and 379.374 ~~372.86-372.92~~ or upon

8963

violation of any of the rules and regulations prescribed by the

8964

commission relating to the capturing, keeping, possessing, and

8965

exhibiting of any venomous reptiles or reptiles of concern. Such

8966

permits or licenses shall be for an annual period to be

8967

prescribed by the commission and shall be renewable upon the

8968

payment of said fee and shall be subject to the same conditions,

8969

limitations, and restrictions as set forth in this section. All

8970

moneys received pursuant to this section shall be deposited into

8971

the State Game Trust Fund to be used to implement, administer,

8972

enforce, and educate the public regarding ss. 379.305, 379.372,

8973

379.373, and 379.374 ~~372.86-372.92~~.

8974

Section 159. Section 372.88, Florida Statutes, is

8975

renumbered as section 379.374, Florida Statutes, to read:

8976

379.374 ~~372.88~~ Bond required, amount.--

8977

(1) No person, party, firm, or corporation shall exhibit

8978

to the public either with or without charge or admission fee any

8979

venomous reptile without having first posted a good and

8980

sufficient bond in writing in the penal sum of $10,000 payable

8981

to the commission, conditioned that such exhibitor will

8982

indemnify and save harmless all persons from injury or damage

8983

from such venomous reptiles so exhibited and shall fully comply

8984

with all laws of the state and all rules and regulations of the

8985

commission governing the capturing, keeping, possessing, or

8986

exhibiting of venomous reptiles; provided, however, that the

8987

aggregate liability of the surety for all such injuries or

8988

damages shall, in no event, exceed the penal sum of the bond.

8989

The surety for the bond must be a surety company authorized to

8990

do business under the laws of the state or in lieu of such a

8991

surety, cash in the sum of $10,000 may be posted with the

8992

commission to ensure compliance with the conditions of the bond.

8993

(2) No person, party, firm, or corporation shall exhibit

8994

to the public either with or without charge or admission fee,

8995

any Class I wildlife, as defined in s. 379.303 ~~372.922~~ and

8996

commission rule ~~chapter 68A-6, Florida Administrative Code~~,

8997

without having first guaranteed financial responsibility, in the

8998

sum of $10,000, for any liability which may be incurred in the

8999

exhibition to the public of Class I wildlife. The commission

9000

shall adopt, by rule, the methods of payment that satisfy the

9001

financial responsibility, which may include cash, the

9002

establishment of a trust fund, an irrevocable letter of credit,

9003

casualty insurance, a corporate guarantee, or any combination

9004

thereof, in the sum of $10,000 which shall be posted with the

9005

commission. In lieu of the $10,000 financial responsibility

9006

guarantee required in this subsection, the exhibiter has the

9007

option to maintain comprehensive general liability insurance,

9008

with minimum limits of $2 million per occurrence and $2 million

9009

annual aggregate, as shall protect the exhibiter from claims for

9010

damage for personal injury, including accidental death, as well

9011

as claims for property damage which may arise. Proof of such

9012

insurance shall be submitted to the commission.

9013

Section 160. Section 372.6673, Florida Statutes, is

9014

renumbered as section 379.3751, Florida Statutes, to read:

9015

379.3751 ~~372.6673~~ Taking and possession of alligators;

9016

trapping licenses; fees.--

9017

(1)(a) No person shall take or possess any alligator or

9018

the eggs thereof without having first obtained from the

9019

commission a trapping license and paid the fee provided in this

9020

section. Such license shall be dated when issued and remain

9021

valid for 12 months after the date of issuance and shall

9022

authorize the person to whom it is issued to take or possess

9023

alligators and their eggs, and to sell, possess, and process

9024

alligators and their hides and meat, in accordance with law and

9025

commission rules. Such license shall not be transferable and

9026

shall not be valid unless it bears on its face in indelible ink

9027

the name of the person to whom it is issued. Such license shall

9028

be in the personal possession of the licensee while such person

9029

is taking alligators or their eggs or is selling, possessing, or

9030

processing alligators or their eggs, hides, or meat. The failure

9031

of the licensee to exhibit such license to the commission or its

9032

wildlife officers, when such person is found taking alligators

9033

or their eggs or is found selling, possessing, or processing

9034

alligators or their eggs, hides, or meat, shall be a violation

9035

of law.

9036

(b) In order to assure the optimal utilization of the

9037

estimated available alligator resource and to ensure adequate

9038

control of the alligator management and harvest program, the

9039

commission may by rule limit the number of participants engaged

9040

in the taking of alligators or their eggs from the wild.

9041

9042

s. s. 379.3015 or s.379.409 ~~372.663 or s. 372.664~~ or the rules

9043

of the commission relating to the illegal taking of crocodilian

9044

species shall be eligible for issuance of a license for a period

9045

of 5 years subsequent to such conviction. In the event such

9046

violation involves the unauthorized taking of an endangered

9047

crocodilian species, no license shall be issued for 10 years

9048

subsequent to the conviction.

9049

(2) The license and issuance fee, and the activity

9050

authorized thereby, shall be as follows:

9051

(a) The annual fee for issuance of a resident alligator

9052

trapping license, which permits a resident of the state to take

9053

alligators occurring in the wild other than alligator

9054

hatchlings, to possess and process alligators taken under

9055

authority of such alligator trapping license or otherwise

9056

legally acquired, and to possess, process, and sell their hides

9057

and meat, shall be $250.

9058

(b) The annual fee for issuance of a nonresident alligator

9059

trapping license, which permits a person other than a resident

9060

of the state to take alligators occurring in the wild other than

9061

alligator hatchlings, to possess and process alligators taken

9062

under authority of such alligator trapping license, and to

9063

possess, process, and sell their hides and meat, shall be

9064

$1,000.

9065

9066

agent's license, which permits a person to act as an agent of

9067

any person who has been issued a resident or nonresident

9068

alligator trapping license as provided in paragraph (a) or

9069

paragraph (b) and to take alligators occurring in the wild other

9070

than alligator hatchlings, and to possess and process alligators

9071

taken under authority of such agency relationship, shall be $50.

9072

Such alligator trapping agent's license shall be issued only in

9073

conjunction with an alligator trapping license and shall bear on

9074

its face in indelible ink the name and license number of the

9075

alligator trapping licenseholder for whom the holder of this

9076

license is acting as an agent.

9077

(d) The annual fee for issuance of an alligator farming

9078

license, which permits a person to operate a facility for

9079

captive propagation of alligators, to possess alligators for

9080

captive propagation, to take alligator hatchlings and alligator

9081

eggs occurring in the wild, to rear such alligators, alligator

9082

hatchlings, and alligator eggs in captivity, to process

9083

alligators taken or possessed under authority of such alligator

9084

farming license or otherwise legally acquired, and to sell their

9085

hides and meat, shall be $250.

9086

(e) The annual fee for issuance of an alligator farming

9087

agent's license, which permits a person to act as an agent of

9088

any person who has been issued an alligator farming license as

9089

provided in paragraph (d) and to take alligator hatchlings and

9090

alligator eggs occurring in the wild, and to possess and process

9091

alligators taken under authority of such agency relationship,

9092

shall be $50. Such license shall be issued only in conjunction

9093

with an alligator farming license, and shall bear on its face in

9094

indelible ink the name and license number of the alligator

9095

farming licenseholder for whom the holder of this license is

9096

acting as an agent.

9097

(f) The annual fee for issuance of an alligator

9098

processor's license, which permits a person to buy and process

9099

alligators lawfully taken by alligator trapping licenseholders

9100

and taken or possessed by alligator farming licenseholders and

9101

to sell alligator meat, hides, and other parts, shall be $250.

9102

(3) For the purpose of this section, "process" shall mean

9103

the possession and skinning or butchering of an alligator by

9104

someone other than the holder of the alligator trapping license,

9105

alligator trapping agent's license, alligator farming license,

9106

or alligator farming agent's license who has authorized the

9107

taking and possession of such alligator.

9108

(4) No person shall take any alligator egg occurring in

9109

the wild or possess any such egg unless such person has

9110

obtained, or is a licensed agent of another person who has

9111

obtained, an alligator egg collection permit. The alligator egg

9112

collection permit shall be required in addition to the alligator

9113

farming license provided in paragraph (2)(d). The commission is

9114

authorized to assess a fee for issuance of the alligator egg

9115

collection permit of up to $5 per egg authorized to be taken or

9116

possessed pursuant to such permit. Irrespective of whether a fee

9117

is assessed, $1 per egg collected and retained, excluding eggs

9118

collected on private wetland management areas, shall be

9119

transferred from the alligator management program to the General

9120

Inspection Trust Fund, to be administered by the Department of

9121

Agriculture and Consumer Services for the purpose of providing

9122

marketing and education services with respect to alligator

9123

products produced in this state, notwithstanding other

9124

provisions in this chapter.

9125

(5) The commission shall adopt criteria by rule to

9126

establish appropriate qualifications for alligator collectors

9127

who may receive permits pursuant to this section.

9128

Section 161. Section 372.6674, Florida Statutes, is

9129

renumbered as section 379.3752, Florida Statutes, and amended to

9130

read:

9131

379.3752 ~~372.6674~~ Required tagging of alligators and

9132

hides; fees; revenues.--The tags provided in this section shall

9133

be required in addition to any license required under s.

9134

379.3751 ~~372.6673~~.

9135

(1) No person shall take any alligator occurring in the

9136

wild or possess any such alligator unless such alligator is

9137

subsequently tagged in the manner required by commission rule.

9138

For the tag required for an alligator hatchling, the commission

9139

is authorized to assess a fee of not more than $15 for each

9140

alligator hatchling tag issued. The commission shall expend one-

9141

third of the revenue generated from the issuance of the

9142

alligator hatchling tag for alligator husbandry research.

9143

(2) The commission may require that an alligator hide

9144

validation tag (CITES tag) be affixed to the hide of any

9145

alligator taken from the wild and that such hide be possessed,

9146

purchased, sold, offered for sale, or transported in accordance

9147

with commission rule. The commission is authorized to assess a

9148

fee of up to $30 for each alligator hide validation tag issued.

9149

Irrespective of whether a fee is assessed, $5 per validated

9150

hide, excluding those validated from public hunt programs and

9151

alligator farms, shall be transferred from the alligator

9152

management program to the General Inspection Trust Fund, to be

9153

administered by the Department of Agriculture and Consumer

9154

Services for the purpose of providing marketing and education

9155

services with respect to alligator products produced in this

9156

state, notwithstanding other provisions in this chapter.

9157

(3) The number of tags available for alligators taken

9158

pursuant to a collection permit shall be limited to the number

9159

of tags determined by the commission to equal the safe yield of

9160

alligators as determined pursuant to s. 379.3013 ~~372.6678~~.

9161

Section 162. Subsections (1), (2), (3), (7) and (8) of

9162

section 372.921, Florida Statutes, are renumbered as section

9163

379.3761, Florida Statutes, and amended to read:

9164

379.3761 Exhibition or sale of wildlife; fees;

9165

classifications.--

9166

(1) In order to provide humane treatment and sanitary

9167

surroundings for wild animals kept in captivity, no person,

9168

firm, corporation, or association shall have, or be in

9169

possession of, in captivity for the purpose of public display

9170

with or without charge or for public sale any wildlife,

9171

specifically birds, mammals, amphibians, and reptiles, whether

9172

indigenous to Florida or not, without having first secured a

9173

permit from the commission authorizing such person, firm, or

9174

corporation to have in its possession in captivity the species

9175

and number of wildlife specified within such permit; however,

9176

this section does not apply to any wildlife not protected by law

9177

and the rules of the commission.

9178

(2) The fees to be paid for the issuance of permits

9179

required by subsection (1) shall be as follows:

9180

(a) For not more than 25 Class I or Class II individual

9181

specimens in the aggregate of all species, the sum of $150 per

9182

annum.

9183

(b) For over 25 Class I or Class II individual specimens

9184

in the aggregate of all species, the sum of $250 per annum.

9185

9186

the aggregate of all species, the sum of $50 per annum.

9187

9188

The fees prescribed by this subsection shall be submitted to the

9189

commission with the application for permit required by

9190

subsection (1) and shall be deposited in the State Game Trust

9191

Fund.

9192

(3) An applicant for a permit shall be required to include

9193

in her or his application a statement showing the place, number,

9194

and species of wildlife to be held in captivity by the applicant

9195

and shall be required upon request by the Fish and Wildlife

9196

Conservation Commission to show when, where, and in what manner

9197

she or he came into possession of any wildlife acquired

9198

subsequent to the effective date of this act. The source of

9199

acquisition of such wildlife shall not be divulged by the

9200

commission except in connection with a violation of this section

9201

or a regulation of the commission in which information as to

9202

source of wildlife is required as evidence in the prosecution of

9203

such violation.

9204

(4) ~~(7)~~ The provisions of this section relative to

9205

licensing do not apply to any municipal, county, state, or other

9206

publicly owned wildlife exhibit. The provisions of this section

9207

do not apply to any traveling zoo, circus, or exhibit licensed

9208

as provided by chapter 205.

9209

(5) ~~(8)~~ This section shall not apply to the possession,

9210

control, care, and maintenance of ostriches, emus, rheas, and

9211

bison domesticated and confined for commercial farming purposes,

9212

except those kept and maintained on hunting preserves or game

9213

farms or primarily for exhibition purposes in zoos, carnivals,

9214

circuses, and other such establishments where such species are

9215

kept primarily for display to the public.

9216

Section 163. Subsections (1),(2),(5),(6), and (7) of

9217

section 372.922, Florida Statutes, are renumbered as section

9218

379.3762, Florida Statutes, and amended to read:

9219

379.3762 ~~372.922~~ Personal possession of wildlife.--

9220

(1) It is unlawful for any person or persons to possess

9221

any wildlife as defined in this act, whether indigenous to

9222

Florida or not, until she or he has obtained a permit as

9223

provided by this section from the Fish and Wildlife Conservation

9224

Commission.

9225

(2) The classifications of types of wildlife and fees to

9226

be paid for permits for the personal possession of wildlife

9227

shall be as follows:

9228

(a) Class I--Wildlife which, because of its nature,

9229

habits, or status, shall not be possessed as a personal pet.

9230

(b) Class II--Wildlife considered to present a real or

9231

potential threat to human safety, the sum of $140 per annum.

9232

9233

or Class II, for which a no-cost permit must be obtained from

9234

the commission.

9235

(3)~~(5)~~ Any person, firm, corporation, or association

9236

exhibiting or selling wildlife and being duly permitted as

9237

provided by s. 379.304 ~~372.921~~ shall be exempt from the fee

9238

requirement to receive a permit under this section.

9239

(4)~~(6)~~ This section shall not apply to the possession,

9240

control, care, and maintenance of ostriches, emus, rheas, and

9241

bison domesticated and confined for commercial farming purposes,

9242

except those kept and maintained on hunting preserves or game

9243

farms or primarily for exhibition purposes in zoos, carnivals,

9244

circuses, and other such establishments where such species are

9245

kept primarily for display to the public.

9246

(5)~~(7)~~ Persons in violation of this section shall be

9247

punishable as provided in s. 379.401 ~~372.83~~.

9248

Section 164. Section 372.653, Florida Statutes, is

9249

renumbered as section 379.377, Florida Statutes, and amended to

9250

read:

9251

379.377 ~~372.653~~ Tag fees for sale of Lake Okeechobee game

9252

fish ~~Required tagging of fish; lakes in excess of 500 square~~

9253

~~miles; tag fee; game fish taken in lakes of 500 square miles or~~

9254

~~less~~.--The commission is authorized to assess a fee of not more

9255

than 5 cents per tag, payable at the time of delivery of the

9256

tag, for the purpose of allowing the sale of game fish taken

9257

commercially from Lake Okeechobee, as may be allowed by the

9258

commission.

9259

~~(1)(a) No game fish taken from, or caught in, a lake in~~

9260

~~this state the area of which is in excess of 500 square miles~~

9261

~~shall be sold for consumption in this state unless it is tagged~~

9262

~~in the manner required by the Fish and Wildlife Conservation~~

9263

~~Commission. Bass or pickerel taken by any method other than hook~~

9264

~~and line shall be returned immediately to the water. Trawls and~~

9265

~~haul seines shall not be operated within 1 mile of rooted~~

9266

~~aquatic vegetation.~~

9267

~~(b) In order that such program of tagging be self-~~

9268

~~sufficient, the Fish and Wildlife Conservation Commission is~~

9269

~~authorized to assess a fee of not more than 5 cents per tag,~~

9270

~~payable at the time of delivery of the tag.~~

9271

~~(2) No freshwater game fish shall be taken from a lake in~~

9272

~~this state the area of which is 500 square miles or less other~~

9273

~~than with pole and line; rod and reel; or plug, bob, spinner,~~

9274

~~spoon, or other artificial bait or lure.~~

9275

~~(3) No freshwater game fish taken from a lake in this~~

9276

~~state the area of which is 500 square miles or less shall be~~

9277

~~offered for sale or sold.~~

9278

Section 165. Part VIII of chapter 379, Florida Statutes,

9279

consisting of sections 379.401, 379.4015, 379.402, 379.403,

9280

379.404, 379.405, 379.406, 379.407, 379.408, 379.409, 379.411,

9281

379.4115, 379.412, 379.413, and 379.414, is created to read:

9282

PART VIII

9283

PENALTIES

9284

9285

Section 166. Section 372.83, Florida Statutes, is

9286

renumbered as section 379.401, Florida Statutes, and amended to

9287

read:

9288

379.401 ~~372.83~~ Penalties and violations; civil penalties

9289

for noncriminal infractions; criminal penalties; suspension and

9290

forfeiture of licenses and permits.--

9291

(1)(a) LEVEL ONE VIOLATIONS.--A person commits a Level One

9292

violation if he or she violates any of the following provisions:

9293

1. Rules or orders of the commission relating to the

9294

filing of reports or other documents required to be filed by

9295

persons who hold recreational licenses and permits issued by the

9296

commission.

9297

2. Rules or orders of the commission relating to quota

9298

hunt permits, daily use permits, hunting zone assignments,

9299

camping, alcoholic beverages, vehicles, and check stations

9300

within wildlife management areas or other areas managed by the

9301

commission.

9302

3. Rules or orders of the commission relating to daily use

9303

permits, alcoholic beverages, swimming, possession of firearms,

9304

operation of vehicles, and watercraft speed within fish

9305

management areas managed by the commission.

9306

4. Rules or orders of the commission relating to vessel

9307

size or specifying motor restrictions on specified water bodies.

9308

5. Section 379.355 ~~370.063~~, providing for special

9309

recreational spiny lobster licenses.

9310

6. Section 379.354(1)-(15) ~~372.57(1)-(15)~~, providing for

9311

recreational licenses to hunt, fish, and trap.

9312

7. Section 379.3581 ~~372.5717~~, providing hunter safety

9313

course requirements.

9314

8. Section 379.3003 ~~372.988~~, prohibiting deer hunting

9315

unless required clothing is worn.

9316

(b) A person who commits a Level One violation commits a

9317

noncriminal infraction and shall be cited to appear before the

9318

county court.

9319

9320

violation involving the license and permit requirements of s.

9321

379.354 ~~372.57~~ is $50 plus the cost of the license or permit,

9322

unless subparagraph 2. applies.

9323

2. The civil penalty for committing a Level One violation

9324

involving the license and permit requirements of s. 379.354

9325

~~372.57~~ is $100 plus the cost of the license or permit if the

9326

person cited has previously committed the same Level One

9327

violation within the preceding 36 months.

9328

(d)1. The civil penalty for any other Level One violation

9329

is $50 unless subparagraph 2. applies.

9330

2. The civil penalty for any other Level One violation is

9331

$100 if the person cited has previously committed the same Level

9332

One violation within the preceding 36 months.

9333

(e) A person cited for a Level One violation shall sign

9334

and accept a citation to appear before the county court. The

9335

issuing officer may indicate on the citation the time and

9336

location of the scheduled hearing and shall indicate the

9337

applicable civil penalty.

9338

(f) A person cited for a Level One violation may pay the

9339

civil penalty by mail or in person within 30 days after receipt

9340

of the citation. If the civil penalty is paid, the person shall

9341

be deemed to have admitted committing the Level One violation

9342

and to have waived his or her right to a hearing before the

9343

county court. Such admission may not be used as evidence in any

9344

other proceedings except to determine the appropriate fine for

9345

any subsequent violations.

9346

(g) A person who refuses to accept a citation, who fails

9347

to pay the civil penalty for a Level One violation, or who fails

9348

to appear before a county court as required commits a

9349

misdemeanor of the second degree, punishable as provided in s.

9350

775.082 or s. 775.083.

9351

(h) A person who elects to appear before the county court

9352

or who is required to appear before the county court shall be

9353

deemed to have waived the limitations on civil penalties

9354

provided under paragraphs (c) and (d). After a hearing, the

9355

county court shall determine if a Level One violation has been

9356

committed, and if so, may impose a civil penalty of not less

9357

than $50 for a first-time violation, and not more than $500 for

9358

subsequent violations. A person found guilty of committing a

9359

Level One violation may appeal that finding to the circuit

9360

court. The commission of a violation must be proved beyond a

9361

reasonable doubt.

9362

(i) A person cited for violating the requirements of s.

9363

379.354 ~~372.57~~ relating to personal possession of a license or

9364

permit may not be convicted if, prior to or at the time of a

9365

county court hearing, the person produces the required license

9366

or permit for verification by the hearing officer or the court

9367

clerk. The license or permit must have been valid at the time

9368

the person was cited. The clerk or hearing officer may assess a

9369

$5 fee for costs under this paragraph.

9370

(2)(a) LEVEL TWO VIOLATIONS.--A person commits a Level Two

9371

violation if he or she violates any of the following provisions:

9372

1. Rules or orders of the commission relating to seasons

9373

or time periods for the taking of wildlife, freshwater fish, or

9374

saltwater fish.

9375

2. Rules or orders of the commission establishing bag,

9376

possession, or size limits or restricting methods of taking

9377

wildlife, freshwater fish, or saltwater fish.

9378

3. Rules or orders of the commission prohibiting access or

9379

otherwise relating to access to wildlife management areas or

9380

other areas managed by the commission.

9381

4. Rules or orders of the commission relating to the

9382

feeding of wildlife, freshwater fish, or saltwater fish.

9383

5. Rules or orders of the commission relating to landing

9384

requirements for freshwater fish or saltwater fish.

9385

6. Rules or orders of the commission relating to

9386

restricted hunting areas, critical wildlife areas, or bird

9387

sanctuaries.

9388

7. Rules or orders of the commission relating to tagging

9389

requirements for game and fur-bearing animals.

9390

8. Rules or orders of the commission relating to the use

9391

of dogs for the taking of game.

9392

9. Rules or orders of the commission which are not

9393

otherwise classified.

9394

10. Rules or orders of the commission prohibiting the

9395

unlawful use of finfish traps.

9396

11. ~~10.~~ All prohibitions in chapter 370 which are not

9397

otherwise classified.

9398

12. ~~11.~~ Section 379.33 ~~370.028~~, prohibiting the violation

9399

of or noncompliance with commission rules.

9400

13. ~~12.~~ Section 379.407(6) ~~370.021(6)~~ prohibiting the

9401

sale, purchase, harvest, or attempted harvest of any saltwater

9402

product with intent to sell.

9403

14. ~~13.~~ Section 379.2421 ~~370.08~~, prohibiting the

9404

obstruction of waterways with net gear.

9405

~~14. Section 370.1105, prohibiting the unlawful use of~~

9406

~~finfish traps.~~

9407

15. Section 379.413 ~~370.1121~~, prohibiting the unlawful

9408

taking of bonefish.

9409

16. Section 379.365(2)(a) and (b) ~~370.13(2)(a) and (b)~~,

9410

prohibiting the possession or use of stone crab traps without

9411

trap tags and theft of trap contents or gear.

9412

17. Section 379.366 (4)(b) ~~370.135(4)(b)~~, prohibiting the

9413

theft of blue crab trap contents or trap gear.

9414

18. Section 379.3671(2)(c) ~~370.142 (2)(c)~~, prohibiting the

9415

possession or use of spiny lobster traps without trap tags or

9416

certificates and theft of trap contents or trap gear.

9417

19. Section 379.357 ~~372.5704~~, prohibiting the possession

9418

of tarpon without purchasing a tarpon tag.

9419

20. Section 379.409 ~~372.667~~, prohibiting the feeding or

9420

enticement of alligators or crocodiles.

9421

21. Section 379.105 ~~372.705~~, prohibiting the intentional

9422

harassment of hunters, fishers, or trappers.

9423

(b)1. A person who commits a Level Two violation but who

9424

has not been convicted of a Level Two or higher violation within

9425

the past 3 years commits a misdemeanor of the second degree,

9426

punishable as provided in s. 775.082 or s. 775.083.

9427

2. Unless the stricter penalties in subparagraph 3. or

9428

subparagraph 4. apply, a person who commits a Level Two

9429

violation within 3 years after a previous conviction for a Level

9430

Two or higher violation commits a misdemeanor of the first

9431

degree, punishable as provided in s. 775.082 or s. 775.083, with

9432

a minimum mandatory fine of $250.

9433

3. Unless the stricter penalties in subparagraph 4. apply,

9434

a person who commits a Level Two violation within 5 years after

9435

two previous convictions for a Level Two or higher violation,

9436

commits a misdemeanor of the first degree, punishable as

9437

provided in s. 775.082 or s. 775.083, with a minimum mandatory

9438

fine of $500 and a suspension of any recreational license or

9439

permit issued under s. 379.354 ~~372.57~~ for 1 year. Such

9440

suspension shall include the suspension of the privilege to

9441

obtain such license or permit and the suspension of the ability

9442

to exercise any privilege granted under any exemption in s.

9443

379.353 ~~372.562~~.

9444

4. A person who commits a Level Two violation within 10

9445

years after three previous convictions for a Level Two or higher

9446

violation commits a misdemeanor of the first degree, punishable

9447

as provided in s. 775.082 or s. 775.083, with a minimum

9448

mandatory fine of $750 and a suspension of any recreational

9449

license or permit issued under s. 379.354 ~~372.57~~ for 3 years.

9450

Such suspension shall include the suspension of the privilege to

9451

obtain such license or permit and the suspension of the ability

9452

to exercise any privilege granted under s. 379.353 ~~372.562~~. If

9453

the recreational license or permit being suspended was an annual

9454

license or permit, any privileges under ss. 379.353 and 379.354

9455

~~372.562 and 372.57~~ may not be acquired for a 3-year period

9456

following the date of the violation.

9457

(3)(a) LEVEL THREE VIOLATIONS.--A person commits a Level

9458

Three violation if he or she violates any of the following

9459

provisions:

9460

1. Rules or orders of the commission prohibiting the sale

9461

of saltwater fish.

9462

2. Rules or orders of the commission prohibiting the

9463

illegal importation or possession of exotic marine plants or

9464

animals.

9465

3. 2. Section 379.407(2) ~~370.021(2)~~, establishing major

9466

violations.

9467

4. 3. Section 379.407(4) ~~370.021(4)~~, prohibiting the

9468

possession of certain finfish in excess of recreational daily

9469

bag limits.

9470

~~4. Section 370.081, prohibiting the illegal importation or~~

9471

~~possession of exotic marine plants or animals.~~

9472

5. Section 379.28 ~~372.26~~, prohibiting the importation of

9473

freshwater fish.

9474

6. Section 379.231 ~~372.265~~, prohibiting the importation of

9475

nonindigenous species of the animal kingdom without a permit

9476

issued by the commission.

9477

7. Section 379.354(17) ~~372.57(17)~~, prohibiting the taking

9478

of game, freshwater fish, or saltwater fish while a required

9479

license is suspended or revoked.

9480

8. Section 379.3014 ~~372.662~~, prohibiting the illegal sale

9481

or possession of alligators.

9482

9. Section 379.404(1), (3), and (6) ~~372.99(1), (3), and~~

9483

~~(6)~~, prohibiting the illegal taking and possession of deer and

9484

wild turkey.

9485

10. Section 379.406 ~~372.9903~~, prohibiting the possession

9486

and transportation of commercial quantities of freshwater game

9487

fish.

9488

(b)1. A person who commits a Level Three violation but who

9489

has not been convicted of a Level Three or higher violation

9490

within the past 10 years commits a misdemeanor of the first

9491

degree, punishable as provided in s. 775.082 or s. 775.083.

9492

2. A person who commits a Level Three violation within 10

9493

years after a previous conviction for a Level Three or higher

9494

violation commits a misdemeanor of the first degree, punishable

9495

as provided in s. 775.082 or s. 775.083, with a minimum

9496

mandatory fine of $750 and a suspension of any recreational

9497

license or permit issued under s. 379.354 ~~372.57~~ for the

9498

remainder of the period for which the license or permit was

9499

issued up to 3 years. Such suspension shall include the

9500

suspension of the privilege to obtain such license or permit and

9501

the ability to exercise any privilege granted under s. 379.353

9502

~~372.562~~. If the recreational license or permit being suspended

9503

was an annual license or permit, any privileges under ss.

9504

379.353 and 379.354 ~~372.562 and 372.57~~ may not be acquired for a

9505

3-year period following the date of the violation.

9506

3. A person who commits a violation of s. 379.354(17)

9507

~~372.57(17)~~ shall receive a mandatory fine of $1,000. Any

9508

privileges under ss. 379.353 and 379.354 ~~372.562 and 372.57~~ may

9509

not be acquired for a 5-year period following the date of the

9510

violation.

9511

(4)(a) LEVEL FOUR VIOLATIONS.--A person commits a Level

9512

Four violation if he or she violates any of the following

9513

provisions:

9514

1. Section 379.365(2)(c) ~~370.13(2)(c)~~, prohibiting

9515

criminal activities relating to the taking of stone crabs.

9516

2. Section 379.366(4)(c) ~~370.135(4)(c)~~, prohibiting

9517

criminal activities relating to the taking and harvesting of

9518

blue crabs.

9519

3. Section 379.367(4) ~~370.14(4)~~, prohibiting the willful

9520

molestation of spiny lobster gear.

9521

4. Section 379.3671(2)(c)5. ~~370.142(2)(c)5.~~, prohibiting

9522

the unlawful reproduction, possession, sale, trade, or barter of

9523

spiny lobster trap tags or certificates.

9524

5. Section 379.354(16) ~~372.57(16)~~, prohibiting the making,

9525

forging, counterfeiting, or reproduction of a recreational

9526

license or possession of same without authorization from the

9527

commission.

9528

6. Section 379.404(5) ~~372.99(5)~~, prohibiting the sale of

9529

illegally-taken deer or wild turkey.

9530

7. Section 379.405 ~~372.99022~~, prohibiting the molestation

9531

or theft of freshwater fishing gear.

9532

(b) A person who commits a Level Four violation commits a

9533

felony of the third degree, punishable as provided in s. 775.082

9534

or s. 775.083.

9535

(5) VIOLATIONS OF CHAPTER.--Except as provided in this

9536

chapter:

9537

(a) A person who commits a violation of any provision of

9538

this chapter commits, for the first offense, a misdemeanor of

9539

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

9540

775.083.

9541

(b) A person who is convicted of a second or subsequent

9542

violation of any provision of this chapter commits a misdemeanor

9543

of the first degree, punishable as provided in s. 775.082 or s.

9544

775.083.

9545

(6) SUSPENSION OR FORFEITURE OF LICENSE.--The court may

9546

order the suspension or forfeiture of any license or permit

9547

issued under this chapter to a person who is found guilty of

9548

committing a violation of this chapter.

9549

(7) CONVICTION DEFINED.--As used in this section, the term

9550

"conviction" means any judicial disposition other than acquittal

9551

or dismissal.

9552

Section 167. Section 372.935, Florida Statutes, is

9553

renumbered as section 379.4015, Florida Statutes, and amended to

9554

read:

9555

379.4015 ~~372.935~~ Captive wildlife penalties.--

9556

(1) LEVEL ONE.--Unless otherwise provided by law, the

9557

following classifications and penalties apply:

9558

(a) A person commits a Level One violation if he or she

9559

violates any of the following provisions:

9560

1. Rules or orders of the commission requiring free

9561

permits or other authorizations to possess captive wildlife.

9562

2. Rules or orders of the commission relating to the

9563

filing of reports or other documents required of persons who are

9564

licensed to possess captive wildlife.

9565

3. Rules or orders of the commission requiring permits to

9566

possess captive wildlife for which a fee is charged, when the

9567

person being charged was issued the permit and the permit has

9568

expired less than 1 year prior to the violation.

9569

(b) Any person cited for committing any offense classified

9570

as a Level One violation commits a noncriminal infraction,

9571

punishable as provided in this section.

9572

9573

infraction specified in paragraph (a) shall be cited to appear

9574

before the county court. The civil penalty for any noncriminal

9575

infraction is $50 if the person cited has not previously been

9576

found guilty of a Level One violation and $250 if the person

9577

cited has previously been found guilty of a Level One violation,

9578

except as otherwise provided in this subsection. Any person

9579

cited for failing to have a required permit or license shall pay

9580

an additional civil penalty in the amount of the license fee

9581

required.

9582

(d) Any person cited for an infraction under this

9583

subsection may:

9584

1. Post a bond, which shall be equal in amount to the

9585

applicable civil penalty; or

9586

2. Sign and accept a citation indicating a promise to

9587

appear before the county court. The officer may indicate on the

9588

citation the time and location of the scheduled hearing and

9589

shall indicate the applicable civil penalty.

9590

(e) Any person charged with a noncriminal infraction under

9591

this subsection may:

9592

1. Pay the civil penalty, either by mail or in person,

9593

within 30 days after the date of receiving the citation; or

9594

2. If the person has posted bond, forfeit bond by not

9595

appearing at the designated time and location.

9596

(f) If the person cited follows either of the procedures

9597

in subparagraph (e)1. or subparagraph (e)2., he or she shall be

9598

deemed to have admitted the infraction and to have waived his or

9599

her right to a hearing on the issue of commission of the

9600

infraction. Such admission shall not be used as evidence in any

9601

other proceedings except to determine the appropriate fine for

9602

any subsequent violations.

9603

(g) Any person who willfully refuses to post bond or

9604

accept and sign a summons commits a misdemeanor of the second

9605

degree, punishable as provided in s. 775.082 or s. 775.083. Any

9606

person who fails to pay the civil penalty specified in this

9607

subsection within 30 days after being cited for a noncriminal

9608

infraction or to appear before the court pursuant to this

9609

subsection commits a misdemeanor of the second degree,

9610

punishable as provided in s. 775.082 or s. 775.083.

9611

(h) Any person electing to appear before the county court

9612

or who is required to appear shall be deemed to have waived the

9613

limitations on the civil penalty specified in paragraph (c). The

9614

court, after a hearing, shall make a determination as to whether

9615

an infraction has been committed. If the commission of an

9616

infraction has been proven, the court may impose a civil penalty

9617

not less than those amounts in paragraph (c) and not to exceed

9618

$500.

9619

(i) At a hearing under this chapter, the commission of a

9620

charged infraction must be proved beyond a reasonable doubt.

9621

(j) If a person is found by the hearing official to have

9622

committed an infraction, she or he may appeal that finding to

9623

the circuit court.

9624

(2) LEVEL TWO.--Unless otherwise provided by law, the

9625

following classifications and penalties apply:

9626

(a) A person commits a Level Two violation if he or she

9627

violates any of the following provisions:

9628

1. Unless otherwise stated in subsection (1), rules or

9629

orders of the commission that require a person to pay a fee to

9630

obtain a permit to possess captive wildlife or that require the

9631

maintenance of records relating to captive wildlife.

9632

2. Rules or orders of the commission relating to captive

9633

wildlife not specified in subsection (1) or subsection (3).

9634

3. Rules or orders of the commission that require housing

9635

of wildlife in a safe manner when a violation results in an

9636

escape of wildlife other than Class I wildlife.

9637

4. Section 379.372 ~~372.86~~, relating to capturing, keeping,

9638

possessing, transporting, or exhibiting venomous reptiles or

9639

reptiles of concern.

9640

5. Section 379.373 ~~372.87~~, relating to requiring a license

9641

or permit for the capturing, keeping, possessing, or exhibiting

9642

of venomous reptiles or reptiles of concern.

9643

6. Section 379.374 ~~372.88~~, relating to bonding

9644

requirements for public exhibits of venomous reptiles.

9645

7. Section 379.305 ~~372.92~~, relating to commission rules

9646

and regulations to prevent the escape of venomous reptiles or

9647

reptiles of concern.

9648

8. Section 379.304 ~~372.921~~, relating to exhibition or sale

9649

of wildlife.

9650

9. Section 379.3762 ~~372.922~~, relating to personal

9651

possession of wildlife.

9652

(b) A person who commits any offense classified as a Level

9653

Two violation and who has not been convicted of a Level Two or

9654

higher violation within the past 3 years commits a misdemeanor

9655

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

9656

775.083.

9657

9658

who commits any offense classified as a Level Two violation

9659

within a 3-year period of any previous conviction of a Level Two

9660

or higher violation commits a misdemeanor of the first degree,

9661

punishable as provided in s. 775.082 or s. 775.083 with a

9662

minimum mandatory fine of $250.

9663

(d) Unless otherwise stated in this subsection, a person

9664

who commits any offense classified as a Level Two violation

9665

within a 5-year period of any two previous convictions of Level

9666

Two or higher violations commits a misdemeanor of the first

9667

degree, punishable as provided in s. 775.082 or s. 775.083, with

9668

a minimum mandatory fine of $500 and a suspension of all

9669

licenses issued under this chapter related to captive wildlife

9670

for 1 year.

9671

(e) A person who commits any offense classified as a Level

9672

Two violation within a 10-year period of any three previous

9673

convictions of Level Two or higher violations commits a

9674

misdemeanor of the first degree, punishable as provided in s.

9675

775.082 or s. 775.083, with a minimum mandatory fine of $750 and

9676

a suspension of all licenses issued under this chapter related

9677

to captive wildlife for 3 years.

9678

(3) LEVEL THREE.--Unless otherwise provided by law, the

9679

following classifications and penalties apply:

9680

(a) A person commits a Level Three violation if he or she

9681

violates any of the following provisions:

9682

1. Rules or orders of the commission that require housing

9683

of wildlife in a safe manner when a violation results in an

9684

escape of Class I wildlife.

9685

2. Rules or orders of the commission related to captive

9686

wildlife when the violation results in serious bodily injury to

9687

another person by captive wildlife that consists of a physical

9688

condition that creates a substantial risk of death, serious

9689

personal disfigurement, or protracted loss or impairment of the

9690

function of any bodily member or organ.

9691

3. Rules or orders of the commission relating to the use

9692

of gasoline or other chemical or gaseous substances on wildlife.

9693

4. Rules or orders of the commission prohibiting the

9694

release of wildlife for which only conditional possession is

9695

allowed.

9696

5. Rules or orders of the commission prohibiting knowingly

9697

entering false information on an application for a license or

9698

permit when the license or permit is to possess wildlife in

9699

captivity.

9700

6. Rules or orders of the commission, relating to the

9701

illegal importation and possession of nonindigenous marine

9702

plants and animals.

9703

7. Rules or orders of the commission relating to the

9704

importation, possession, or release of fish and wildlife for

9705

which possession is prohibited.

9706

8. 6. Section 379.231 ~~372.265~~, relating to illegal

9707

importation or introduction of foreign wildlife.

9708

~~7. Section 370.081, relating to the illegal importation~~

9709

~~and possession of nonindigenous marine plants and animals.~~

9710

9. 8. Section 379.305 ~~372.92~~, relating to release or

9711

escape of nonnative venomous reptiles or reptiles of concern.

9712

~~9. Rules or orders of the commission relating to the~~

9713

~~importation, possession, or release of fish and wildlife for~~

9714

~~which possession is prohibited.~~

9715

(b)1. A person who commits any offense classified as a

9716

Level Three violation and who has not been convicted of a Level

9717

Three or higher violation within the past 10 years commits a

9718

misdemeanor of the first degree, punishable as provided in s.

9719

775.082 or s. 775.083.

9720

2. A person who commits any offense classified as a Level

9721

Three violation within a 10-year period of any previous

9722

conviction of a Level Three or higher violation commits a

9723

misdemeanor of the first degree, punishable as provided in s.

9724

775.082 or s. 775.083, with a minimum mandatory fine of $750 and

9725

permanent revocation of all licenses or permits to possess

9726

captive wildlife issued under this chapter.

9727

(4) LEVEL FOUR.--Unless otherwise provided by law, the

9728

following classifications and penalties apply:

9729

(a) A person commits a Level Four violation if he or she

9730

violates any Level Three provision after the permanent

9731

revocation of a license or permit.

9732

(b) A person who commits any offense classified as a Level

9733

Four violation commits a felony of the third degree, punishable

9734

as provided in s. 775.082 or s. 775.083.

9735

(5) SUSPENSION OR REVOCATION OF LICENSE.--The court may

9736

order the suspension or revocation of any license or permit

9737

issued to a person to possess captive wildlife pursuant to this

9738

chapter if that person commits a criminal offense or a

9739

noncriminal infraction as specified under this section.

9740

(6) CONVICTION DEFINED.--For purposes of this section, the

9741

term "conviction" means any judicial disposition other than

9742

acquittal or dismissal.

9743

(7) COMMISSION LIMITATIONS.--Nothing in this section shall

9744

limit the commission from suspending or revoking any license to

9745

possess wildlife in captivity by administrative action in

9746

accordance with chapter 120. For purposes of administrative

9747

action, a conviction of a criminal offense shall mean any

9748

judicial disposition other than acquittal or dismissal.

9749

Section 168. Section 370.1107, Florida Statutes, is

9750

renumbered as section 379.402, Florida Statutes, to read:

9751

379.402 ~~370.1107~~ Definition; possession of certain

9752

licensed traps prohibited; penalties; exceptions; consent.--

9753

(1) As used in this section, the term "licensed saltwater

9754

fisheries trap" means any trap required to be licensed by the

9755

Fish and Wildlife Conservation Commission and authorized by the

9756

commission for the taking of saltwater products.

9757

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

9758

association to be in actual or constructive possession of a

9759

licensed saltwater fisheries trap registered with the Fish and

9760

Wildlife Conservation Commission in another person's, firm's,

9761

corporation's, or association's name.

9762

(a) Unlawful possession of less than three licensed

9763

saltwater fisheries traps is a misdemeanor of the first degree,

9764

punishable as provided in s. 775.082 or s. 775.083.

9765

(b) Unlawful possession of three or more licensed

9766

saltwater fisheries traps is a felony of the third degree,

9767

punishable as provided in s. 775.082 or s. 775.083.

9768

9769

dismissal or acquittal on a charge of violating this section or

9770

any provision of law or rule making unlawful the possession of

9771

another's saltwater fishing trap, a person shall permanently

9772

lose all saltwater fishing privileges, including licenses, trap

9773

certificates, and the ability to transfer trap certificates.

9774

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

9775

association to possess, attempt to possess, interfere with,

9776

attempt to interfere with, or remove live bait from a live bait

9777

trap or cage of another person, firm, corporation, or

9778

association. Unlawful possession of one or more live bait traps

9779

or cages is a misdemeanor of the first degree, punishable as

9780

provided in s. 775.082 or s. 775.083.

9781

(4) This section shall not apply to the agents or

9782

employees of the registered owner of the licensed saltwater

9783

fisheries trap or to a person, firm, corporation, or association

9784

who has the written consent from the owner of the licensed

9785

saltwater fisheries trap, to possess such licensed saltwater

9786

fisheries trap, or to agents or employees of the Fish and

9787

Wildlife Conservation Commission who are engaged in the removal

9788

of traps during the closed season.

9789

(5) The registered owner of the licensed saltwater

9790

fisheries trap shall provide the Fish and Wildlife Conservation

9791

Commission with the names of any agents, employees, or any other

9792

person, firm, company, or association to whom the registered

9793

owner has given consent to possess said licensed saltwater

9794

fisheries trap.

9795

Section 169. Section 372.7015, Florida Statutes, is

9796

renumbered as section 379.403, Florida Statutes, and amended to

9797

read:

9798

379.403 ~~372.7015~~ Illegal killing, taking, possessing, or

9799

selling wildlife or game; fines; disposition of fines.--In

9800

addition to any other penalty provided by law, any person who

9801

violates the criminal provisions of this chapter and rules

9802

adopted pursuant to this chapter by illegally killing, taking,

9803

possessing, or selling game or fur-bearing animals as defined in

9804

s. 379.101 (19) or (20) ~~372.001(10) or (11)~~ in or out of season

9805

while violating chapter 810 shall pay a fine of $250 for each

9806

such violation, plus court costs and any restitution ordered by

9807

the court. All fines collected under this section shall be

9808

remitted by the clerk of the court to the Department of Revenue

9809

to be deposited into the Fish and Wildlife Conservation

9810

Commission's State Game Trust Fund.

9811

Section 170. Section 372.99, Florida Statutes, is

9812

renumbered as section 379.404, Florida Statutes, and amended to

9813

read:

9814

379.404 ~~372.99~~ Illegal taking and possession of deer and

9815

wild turkey; evidence; penalty.--

9816

(1) Whoever takes or kills any deer or wild turkey, or

9817

possesses a freshly killed deer or wild turkey, during the

9818

closed season prescribed by law or by the rules and regulations

9819

of the Fish and Wildlife Conservation Commission, or whoever

9820

takes or attempts to take any deer or wild turkey by the use of

9821

gun and light in or out of closed season, commits a Level Three

9822

violation under s. 379.401 ~~372.83~~ and shall forfeit any license

9823

or permit issued to her or him under the provisions of this

9824

chapter. No license shall be issued to such person for a period

9825

of 3 years following any such violation on the first offense.

9826

Any person guilty of a second or subsequent violation shall be

9827

permanently ineligible for issuance of a license or permit

9828

thereafter.

9829

(2) The display or use of a light in a place where deer

9830

might be found and in a manner capable of disclosing the

9831

presence of deer, together with the possession of firearms or

9832

other weapons customarily used for the taking of deer, between 1

9833

hour after sunset and 1 hour before sunrise, shall be prima

9834

facie evidence of an intent to violate the provisions of

9835

subsection (1). This subsection does not apply to an owner or

9836

her or his employee when patrolling or inspecting the land of

9837

the owner, provided the employee has satisfactory proof of

9838

employment on her or his person.

9839

(3) Whoever takes or kills any doe deer; fawn or baby

9840

deer; or deer, whether male or female, which does not have one

9841

or more antlers at least 5 inches in length, except as provided

9842

by law or the rules of the Fish and Wildlife Conservation

9843

Commission, during the open season prescribed by the rules of

9844

the commission, commits a Level Three violation under s. 379.401

9845

~~372.83~~ and may be required to forfeit any license or permit

9846

issued to such person for a period of 3 years following any such

9847

violation on the first offense. Any person guilty of a second or

9848

subsequent violation shall be permanently ineligible for

9849

issuance of a license or permit thereafter.

9850

(4) Any person who cultivates agricultural crops may apply

9851

to the Fish and Wildlife Conservation Commission for a permit to

9852

take or kill deer on land which that person is currently

9853

cultivating. When said person can show, to the satisfaction of

9854

the Fish and Wildlife Conservation Commission, that such taking

9855

or killing of deer is justified because of damage to the

9856

person's crops caused by deer, the Fish and Wildlife

9857

Conservation Commission may issue a limited permit to the

9858

applicant to take or kill deer without being in violation of

9859

subsection (1) or subsection (3).

9860

(5) Whoever possesses for sale or sells deer or wild

9861

turkey taken in violation of this chapter or the rules and

9862

regulations of the commission commits a Level Four violation

9863

under s. 379.401 ~~372.83~~.

9864

(6) Any person who enters upon private property and shines

9865

lights upon such property, without the express permission of the

9866

owner of the property and with the intent to take deer by

9867

utilizing such shining lights, commits a Level Three violation

9868

under s. 379.401 ~~372.83~~.

9869

Section 171. Section 372.99022, Florida Statutes, is

9870

renumbered as section 379.405, Florida Statutes, and amended to

9871

read:

9872

379.405 ~~372.99022~~ Illegal molestation of or theft from

9873

freshwater fishing gear.--

9874

(1)(a) Any person, firm, or corporation that willfully

9875

molests any authorized and lawfully permitted freshwater fishing

9876

gear belonging to another without the express written consent of

9877

the owner commits a Level Four violation under s. 379.401

9878

~~372.83~~. Any written consent must be available for immediate

9879

inspection.

9880

(b) Any person, firm, or corporation that willfully

9881

removes the contents of any authorized and lawfully permitted

9882

freshwater fishing gear belonging to another without the express

9883

written consent of the owner commits a Level Four violation

9884

under s. 379.401 ~~372.83~~. Any written consent must be available

9885

for immediate inspection.

9886

9887

A person, firm, or corporation that receives a citation for a

9888

violation of this subsection is prohibited, immediately upon

9889

receipt of such citation and until adjudicated or convicted of a

9890

felony under this subsection, from transferring any

9891

endorsements.

9892

(2) Any person, firm, or corporation convicted pursuant to

9893

subsection (1) of removing the contents of freshwater fishing

9894

gear without the express written consent of the owner shall

9895

permanently lose all of his or her freshwater and saltwater

9896

fishing privileges, including his or her recreational and

9897

commercial licenses and endorsements, and shall be assessed an

9898

administrative penalty of not more than $5,000. The endorsements

9899

of such person, firm, or corporation are not transferable.

9900

(3) For purposes of this section, the term "freshwater

9901

fishing gear" means haul seines, slat baskets, wire traps, hoop

9902

nets, or pound nets, and includes the lines or buoys attached

9903

thereto.

9904

Section 172. Section 372.9903, Florida Statutes, is

9905

renumbered as section 379.406, Florida Statutes, and amended to

9906

read:

9907

379.406 ~~372.9903~~ Illegal possession or transportation of

9908

freshwater game fish in commercial quantities; penalty.--

9909

(1) Whoever possesses, moves, or transports any black

9910

bass, bream, speckled perch, or other freshwater game fish in

9911

commercial quantities in violation of law or the rules of the

9912

Fish and Wildlife Conservation Commission commits a Level Three

9913

violation under s. 379.401 ~~372.83~~.

9914

(2) For the purposes of this section "commercial

9915

quantities" shall be deemed to be a quantity of freshwater game

9916

fish of 150 or more pounds, and the possession, movement, or

9917

transportation of freshwater game fish in excess of such weight

9918

shall constitute prima facie evidence of possession or

9919

transportation for commercial purposes.

9920

Section 173. Subsections (1), (2), (3), (4), (5), (6),

9921

(11), and (12) of section 370.021, Florida Statutes, are

9922

renumbered as section 379.407, Florida Statutes, and amended to

9923

read:

9924

379.407 ~~370.021~~ Administration; rules, publications,

9925

records; penalties; injunctions.--

9926

(1) BASE PENALTIES.--Unless otherwise provided by law, any

9927

person, firm, or corporation who violates any provision of this

9928

chapter, or any rule of the Fish and Wildlife Conservation

9929

Commission relating to the conservation of marine resources,

9930

shall be punished:

9931

(a) Upon a first conviction, by imprisonment for a period

9932

of not more than 60 days or by a fine of not less than $100 nor

9933

more than $500, or by both such fine and imprisonment.

9934

(b) On a second or subsequent conviction within 12 months,

9935

by imprisonment for not more than 6 months or by a fine of not

9936

less than $250 nor more than $1,000, or by both such fine and

9937

imprisonment.

9938

9939

Upon final disposition of any alleged offense for which a

9940

citation for any violation of this chapter or the rules of the

9941

commission has been issued, the court shall, within 10 days,

9942

certify the disposition to the commission.

9943

(2) MAJOR VIOLATIONS.--In addition to the penalties

9944

provided in paragraphs (1)(a) and (b), the court shall assess

9945

additional penalties against any commercial harvester convicted

9946

of major violations as follows:

9947

(a) For a violation involving more than 100 illegal blue

9948

crabs, spiny lobster, or stone crabs, an additional penalty of

9949

$10 for each illegal blue crab, spiny lobster, stone crab, or

9950

part thereof.

9951

(b)1. For a violation involving the taking or harvesting

9952

of shrimp from a nursery or other prohibited area, or any two

9953

violations within a 12-month period involving shrimping gear,

9954

minimum size (count), or season, an additional penalty of $10

9955

for each pound of illegal shrimp or part thereof.

9956

2. For violations involving the taking of shrimp in

9957

certain closed areas:

9958

a. Any person convicted of taking shrimp in Santa Rosa

9959

Sound in violation of commission rule designating a closed area

9960

shall have his or her saltwater products license and the

9961

saltwater products license of the boat involved in the violation

9962

revoked. If the person holds such a license, he or she shall be

9963

ineligible to make application for such a license for a period

9964

of 2 years from the date of such conviction. If a person not

9965

having a license is convicted hereunder, that person and the

9966

boat involved in the violation shall not be eligible for such a

9967

license for 5 years.

9968

b. A third or subsequent violation by any person of the

9969

designated closure to shrimping in Santa Rosa Sound within a 3-

9970

year period is a felony of the third degree, punishable as

9971

provided in s. 775.082, s. 775.083, or s. 775.084.

9972

c. A second or any subsequent violation by any person for

9973

taking shrimp in a food shrimp production closed area in a

9974

portion of Monroe County designated by the commission is a

9975

felony of the third degree, punishable as provided in s. 775.082

9976

or s. 775.083.

9977

d. A third or any subsequent violation by the owner or

9978

master of any vessel engaged in food shrimp production in the

9979

Tortugas Shrimp Beds closed area designated by the commission

9980

within a 3-year period shall be a felony of the third degree,

9981

punishable as provided in ss. 775.082 and 775.083.

9982

9983

oysters from nonapproved areas or the taking or possession of

9984

unculled oysters, an additional penalty of $10 for each bushel

9985

of illegal oysters.

9986

(d) For a violation involving the taking or harvesting of

9987

clams from nonapproved areas, an additional penalty of $100 for

9988

each 500 count bag of illegal clams.

9989

(e) For a violation involving the taking, harvesting, or

9990

possession of any of the following species, which are

9991

endangered, threatened, or of special concern:

9992

1. Shortnose sturgeon (Acipenser brevirostrum);

9993

2. Atlantic sturgeon (Acipenser oxyrhynchus);

9994

3. Common snook (Centropomus undecimalis);

9995

4. Atlantic loggerhead turtle (Caretta caretta caretta);

9996

5. Atlantic green turtle (Chelonia mydas mydas);

9997

6. Leatherback turtle (Dermochelys coriacea);

9998

7. Atlantic hawksbill turtle (Eretmochelys imbricata

9999

imbracata);

10000

8. Atlantic ridley turtle (Lepidochelys kempi); or

10001

9. West Indian manatee (Trichechus manatus latirostris),

10002

10003

an additional penalty of $100 for each unit of marine life or

10004

part thereof.

10005

(f) For a second or subsequent conviction within 24 months

10006

for any violation of the same law or rule involving the taking

10007

or harvesting of more than 100 pounds of any finfish, an

10008

additional penalty of $5 for each pound of illegal finfish.

10009

(g) For any violation involving the taking, harvesting, or

10010

possession of more than 1,000 pounds of any illegal finfish, an

10011

additional penalty equivalent to the wholesale value of the

10012

illegal finfish.

10013

(h) Permits issued to any commercial harvester by the

10014

commission to take or harvest saltwater products, or any license

10015

issued pursuant to s. 379.361 ~~370.06~~ or s. 379.362 ~~370.07~~ may be

10016

suspended or revoked by the commission, pursuant to the

10017

provisions and procedures of s. 120.60, for any major violation

10018

prescribed in this subsection:

10019

1. Upon a first conviction, for up to 30 calendar days.

10020

2. Upon a second conviction which occurs within 12 months

10021

after a prior violation, for up to 90 calendar days.

10022

3. Upon a third conviction which occurs within 24 months

10023

after a prior conviction, for up to 180 calendar days.

10024

4. Upon a fourth conviction which occurs within 36 months

10025

after a prior conviction, for a period of 6 months to 3 years.

10026

(i) Upon the arrest and conviction for a major violation

10027

involving stone crabs, the licenseholder must show just cause

10028

why his or her license should not be suspended or revoked. For

10029

the purposes of this paragraph, a "major violation" means a

10030

major violation as prescribed for illegal stone crabs; any

10031

single violation involving possession of more than 25 stone

10032

crabs during the closed season or possession of 25 or more

10033

whole-bodied or egg-bearing stone crabs; any violation for trap

10034

molestation, trap robbing, or pulling traps at night; or any

10035

combination of violations in any 3-consecutive-year period

10036

wherein more than 75 illegal stone crabs in the aggregate are

10037

involved.

10038

(j) Upon the arrest and conviction for a major violation

10039

involving spiny lobster, the licenseholder must show just cause

10040

why his or her license should not be suspended or revoked. For

10041

the purposes of this paragraph, a "major violation" means a

10042

major violation as prescribed for illegal spiny lobster; any

10043

single violation involving possession of more than 25 spiny

10044

lobster during the closed season or possession of more than 25

10045

wrung spiny lobster tails or more than 25 egg-bearing or

10046

stripped spiny lobster; any violation for trap molestation, trap

10047

robbing, or pulling traps at night; or any combination of

10048

violations in any 3-consecutive-year period wherein more than 75

10049

illegal spiny lobster in the aggregate are involved.

10050

(k) Upon the arrest and conviction for a major violation

10051

involving blue crabs, the licenseholder shall show just cause

10052

why his or her saltwater products license should not be

10053

suspended or revoked. This paragraph shall not apply to an

10054

individual fishing with no more than five traps. For the

10055

purposes of this paragraph, a "major violation" means a major

10056

violation as prescribed for illegal blue crabs, any single

10057

violation wherein 50 or more illegal blue crabs are involved;

10058

any violation for trap molestation, trap robbing, or pulling

10059

traps at night; or any combination of violations in any 3-

10060

consecutive-year period wherein more than 100 illegal blue crabs

10061

in the aggregate are involved.

10062

(l) Upon the conviction for a major violation involving

10063

finfish, the licenseholder must show just cause why his or her

10064

saltwater products license should not be suspended or revoked.

10065

For the purposes of this paragraph, a major violation is

10066

prescribed for the taking and harvesting of illegal finfish, any

10067

single violation involving the possession of more than 100

10068

pounds of illegal finfish, or any combination of violations in

10069

any 3-consecutive-year period wherein more than 200 pounds of

10070

illegal finfish in the aggregate are involved.

10071

(m) For a violation involving the taking or harvesting of

10072

any marine life species, as those species are defined by rule of

10073

the commission, the harvest of which is prohibited, or the

10074

taking or harvesting of such a species out of season, or with an

10075

illegal gear or chemical, or any violation involving the

10076

possession of 25 or more individual specimens of marine life

10077

species, or any combination of violations in any 3-year period

10078

involving more than 70 such specimens in the aggregate, the

10079

suspension or revocation of the licenseholder's marine life

10080

endorsement as provided in paragraph (h).

10081

10082

The penalty provisions of this subsection apply to commercial

10083

harvesters and wholesale and retail dealers as defined in s.

10084

379.362 ~~370.07~~. Any other person who commits a major violation

10085

under this subsection commits a Level Three violation under s.

10086

379.401 ~~372.83~~. Notwithstanding the provisions of s. 948.01, no

10087

court may suspend, defer, or withhold adjudication of guilt or

10088

imposition of sentence for any major violation prescribed in

10089

this subsection. The proceeds from the penalties assessed

10090

pursuant to this subsection shall be deposited into the Marine

10091

Resources Conservation Trust Fund to be used for marine

10092

fisheries research ~~or into the commission's Federal Law~~

10093

~~Enforcement Trust Fund as provided in s. 372.107, as applicable~~.

10094

(3) PENALTIES FOR USE OF ILLEGAL NETS.--

10095

(a) It is a major violation pursuant to this section,

10096

punishable as provided in paragraph (b) for any person, firm, or

10097

corporation to be simultaneously in possession of any species of

10098

mullet in excess of the recreational daily bag limit and any

10099

gill or other entangling net as defined in s. 16(c), Art. X of

10100

the State Constitution. Simultaneous possession under this

10101

provision shall include possession of mullet and gill or other

10102

entangling nets on separate vessels or vehicles where such

10103

vessels or vehicles are operated in coordination with one

10104

another including vessels towed behind a main vessel. This

10105

subsection does not prohibit a resident of this state from

10106

transporting on land, from Alabama to this state, a commercial

10107

quantity of mullet together with a gill net if:

10108

1. The person possesses a valid commercial fishing license

10109

that is issued by the State of Alabama and that allows the

10110

person to use a gill net to legally harvest mullet in commercial

10111

quantities from Alabama waters.

10112

2. The person possesses a trip ticket issued in Alabama

10113

and filled out to match the quantity of mullet being

10114

transported, and the person is able to present such trip ticket

10115

immediately upon entering this state.

10116

3. The mullet are to be sold to a wholesale saltwater

10117

products dealer located in Escambia County or Santa Rosa County,

10118

which dealer also possesses a valid seafood dealer's license

10119

issued by the State of Alabama. The dealer's name must be

10120

clearly indicated on the trip ticket.

10121

4. The mullet being transported are totally removed from

10122

any net also being transported.

10123

(b)1. A flagrant violation of any rule or statute which

10124

implements s. 16(b), Art. X of the State Constitution shall be

10125

considered a felony of the third degree, punishable as provided

10126

in s. 775.082 or s. 775.083. For purposes of this paragraph, a

10127

flagrant violation shall be the illegal possession or use of a

10128

monofilament net or a net with a mesh area larger than 2,000

10129

square feet. A violation means any judicial disposition other

10130

than acquittal or dismissal.

10131

2. In addition to being subject to the other penalties

10132

provided in this chapter, any violation of s. 16(b), Art. X of

10133

the State Constitution, or any statute or rule of the commission

10134

which implements the gear prohibitions and restrictions

10135

specified therein shall be considered a major violation; and any

10136

person, firm, or corporation receiving any judicial disposition

10137

other than acquittal or dismissal of such violation shall be

10138

subject to the following additional penalties:

10139

a. For a first major violation within a 7-year period, a

10140

civil penalty of $2,500 and suspension of all saltwater products

10141

license privileges for 90 calendar days following final

10142

disposition shall be imposed.

10143

b. For a second major violation under this subparagraph

10144

charged within 7 years of a previous judicial disposition, which

10145

results in a second judicial disposition other than acquittal or

10146

dismissal, a civil penalty of $5,000 and suspension of all

10147

saltwater products license privileges for 12 months shall be

10148

imposed.

10149

c. For a third or subsequent major violation under this

10150

subparagraph, charged within a 7-year period, resulting in a

10151

third or subsequent judicial disposition other than acquittal or

10152

dismissal, a civil penalty of $5,000, lifetime revocation of the

10153

saltwater products license, and forfeiture of all gear and

10154

equipment used in the violation shall be imposed.

10155

d. For a first flagrant violation under this subparagraph,

10156

a civil penalty of $5,000 and a suspension of all saltwater

10157

license privileges for 12 months shall be imposed. For a second

10158

or subsequent flagrant violation under this subparagraph, a

10159

civil penalty of $5,000, a lifetime revocation of the saltwater

10160

products license, and the forfeiture of all gear and equipment

10161

used in the violation shall be imposed.

10162

10163

A court may suspend, defer, or withhold adjudication of guilt or

10164

imposition of sentence only for any first violation of s. 16,

10165

Art. X of the State Constitution, or any rule or statute

10166

implementing its restrictions, determined by a court only after

10167

consideration of competent evidence of mitigating circumstances

10168

to be a nonflagrant or minor violation of those restrictions

10169

upon the use of nets. Any violation of s. 16, Art. X of the

10170

State Constitution, or any rule or statute implementing its

10171

restrictions, occurring within a 7-year period commencing upon

10172

the conclusion of any judicial proceeding resulting in any

10173

outcome other than acquittal shall be punished as a second,

10174

third, or subsequent violation accordingly.

10175

10176

saltwater license privileges under this subsection, the licensee

10177

shall not participate in the taking or harvesting, or attempt

10178

the taking or harvesting, of saltwater products from any vessel

10179

within the waters of the state; be aboard any vessel on which a

10180

commercial quantity of saltwater products is possessed through

10181

an activity requiring a license pursuant to this section; or

10182

engage in any other activity requiring a license, permit, or

10183

certificate issued pursuant to this chapter. Any person who is

10184

convicted of violating this paragraph:

10185

1. Upon a first or second conviction, is guilty of a

10186

misdemeanor of the first degree, punishable as provided in s.

10187

775.082 or s. 775.083.

10188

2. Upon a third or subsequent conviction, is guilty of a

10189

felony of the third degree, punishable as provided in s.

10190

775.082, s. 775.083, or s. 775.084.

10191

(d) Upon reinstatement of saltwater license privileges

10192

suspended pursuant to a violation of this subsection, a licensee

10193

owning or operating a vessel containing or otherwise

10194

transporting in or on Florida waters any gill net or other

10195

entangling net, or containing or otherwise transporting in

10196

nearshore and inshore Florida waters any net containing more

10197

than 500 square feet of mesh area shall remain restricted for a

10198

period of 12 months following reinstatement, to operating under

10199

the following conditions:

10200

1. Vessels subject to this reinstatement period shall be

10201

restricted to the corridors established by commission rule.

10202

2. A violation of the reinstatement period provisions

10203

shall be punishable pursuant to paragraphs (1)(a) and (b).

10204

(4) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING

10205

CERTAIN FINFISH.--

10206

(a) It is a major violation under this section for any

10207

person to be in possession of any species of trout, snook, or

10208

redfish which is three fish in excess of the recreational or

10209

commercial daily bag limit.

10210

(b) A commercial harvester who violates this subsection

10211

shall be punished as provided under paragraph (3)(b). Any other

10212

person who violates this subsection commits a Level Three

10213

violation under s. 379.401 ~~372.83~~.

10214

(5) SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY

10215

HARVESTED PRODUCTS.--In addition to other penalties authorized

10216

in this chapter, any violation of s. 379.361 ~~370.06~~ or s.

10217

379.362 ~~370.07~~, or rules of the commission implementing s.

10218

379.361 ~~370.06~~ or s. 379.362 ~~370.07~~, involving the purchase of

10219

saltwater products by a commercial wholesale dealer, retail

10220

dealer, or restaurant facility for public consumption from an

10221

unlicensed person, firm, or corporation, or the purchase or sale

10222

of any saltwater product known to be taken in violation of s.

10223

16, Art. X of the State Constitution, or rule or statute

10224

implementing the provisions thereof, by a commercial wholesale

10225

dealer, retail dealer, or restaurant facility, for public

10226

consumption, is a major violation, and the commission may assess

10227

the following penalties:

10228

(a) For a first violation, the commission may assess a

10229

civil penalty of up to $2,500 and may suspend the wholesale or

10230

retail dealer's license privileges for up to 90 calendar days.

10231

(b) For a second violation occurring within 12 months of a

10232

prior violation, the commission may assess a civil penalty of up

10233

to $5,000 and may suspend the wholesale or retail dealer's

10234

license privileges for up to 180 calendar days.

10235

10236

24-month period, the commission shall assess a civil penalty of

10237

$5,000 and shall suspend the wholesale or retail dealer's

10238

license privileges for up to 24 months.

10239

10240

Any proceeds from the civil penalties assessed pursuant to this

10241

subsection shall be deposited into the Marine Resources

10242

Conservation Trust Fund and shall be used as follows: 40 percent

10243

for administration and processing purposes and 60 percent for

10244

law enforcement purposes.

10245

(6) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR

10246

HARVEST.--It is a major violation and punishable as provided in

10247

this subsection for any unlicensed person, firm, or corporation

10248

who is required to be licensed under this chapter as a

10249

commercial harvester or a wholesale or retail dealer to sell or

10250

purchase any saltwater product or to harvest or attempt to

10251

harvest any saltwater product with intent to sell the saltwater

10252

product.

10253

(a) Any person, firm, or corporation who sells or

10254

purchases any saltwater product without having purchased the

10255

licenses required by this chapter for such sale is subject to

10256

penalties as follows:

10257

1. A first violation is a misdemeanor of the second

10258

degree, punishable as provided in s. 775.082 or s. 775.083.

10259

2. A second violation is a misdemeanor of the first

10260

degree, punishable as provided in s. 775.082 or s. 775.083, and

10261

such person may also be assessed a civil penalty of up to $2,500

10262

and is subject to a suspension of all license privileges under

10263

this chapter ~~and chapter 372~~ for a period not exceeding 90 days.

10264

3. A third violation is a misdemeanor of the first degree,

10265

punishable as provided in s. 775.082 or s. 775.083, with a

10266

mandatory minimum term of imprisonment of 6 months, and such

10267

person may also be assessed a civil penalty of up to $5,000 and

10268

is subject to a suspension of all license privileges under this

10269

chapter ~~and chapter 372~~ for a period not exceeding 6 months.

10270

4. A third violation within 1 year after a second

10271

violation is a felony of the third degree, punishable as

10272

provided in s. 775.082 or s. 775.083, with a mandatory minimum

10273

term of imprisonment of 1 year, and such person shall be

10274

assessed a civil penalty of $5,000 and all license privileges

10275

under this chapter ~~and chapter 372~~ shall be permanently revoked.

10276

5. A fourth or subsequent violation is a felony of the

10277

third degree, punishable as provided in s. 775.082 or s.

10278

775.083, with a mandatory minimum term of imprisonment of 1

10279

year, and such person shall be assessed a civil penalty of

10280

$5,000 and all license privileges under this chapter ~~and chapter~~

10281

~~372~~ shall be permanently revoked.

10282

(b) Any person whose license privileges under this chapter

10283

have been permanently revoked and who thereafter sells or

10284

purchases or who attempts to sell or purchase any saltwater

10285

product commits a felony of the third degree, punishable as

10286

provided in s. 775.082 or s. 775.083, with a mandatory minimum

10287

term of imprisonment of 1 year, and such person shall also be

10288

assessed a civil penalty of $5,000. All property involved in

10289

such offense shall be forfeited pursuant to s. 379.337 ~~370.061~~.

10290

10291

whose license privileges under this chapter are under suspension

10292

and who during such period of suspension sells or purchases or

10293

attempts to sell or purchase any saltwater product shall be

10294

assessed the following penalties:

10295

1. A first violation, or a second violation occurring more

10296

than 12 months after a first violation, is a first degree

10297

misdemeanor, punishable as provided in ss. 775.082 and 775.083,

10298

and such commercial harvester or wholesale or retail dealer may

10299

be assessed a civil penalty of up to $2,500 and an additional

10300

suspension of all license privileges under this chapter ~~and~~

10301

~~chapter 372~~ for a period not exceeding 90 days.

10302

2. A second violation occurring within 12 months of a

10303

first violation is a third degree felony, punishable as provided

10304

in ss. 775.082 and 775.083, with a mandatory minimum term of

10305

imprisonment of 1 year, and such commercial harvester or

10306

wholesale or retail dealer may be assessed a civil penalty of up

10307

to $5,000 and an additional suspension of all license privileges

10308

under this chapter ~~and chapter 372~~ for a period not exceeding

10309

180 days. All property involved in such offense shall be

10310

forfeited pursuant to s. 379.337 ~~370.061~~.

10311

3. A third violation within 24 months of the second

10312

violation or subsequent violation is a third degree felony,

10313

punishable as provided in ss. 775.082 and 775.083, with a

10314

mandatory minimum term of imprisonment of 1 year, and such

10315

commercial harvester or wholesale or retail dealer shall be

10316

assessed a mandatory civil penalty of up to $5,000 and an

10317

additional suspension of all license privileges under this

10318

chapter ~~and chapter 372~~ for a period not exceeding 24 months.

10319

All property involved in such offense shall be forfeited

10320

pursuant to s. 379.337 ~~370.061~~.

10321

(d) Any commercial harvester who harvests or attempts to

10322

harvest any saltwater product with intent to sell the saltwater

10323

product without having purchased a saltwater products license

10324

with the requisite endorsements is subject to penalties as

10325

follows:

10326

1. A first violation is a misdemeanor of the second

10327

degree, punishable as provided in s. 775.082 or s. 775.083.

10328

2. A second violation is a misdemeanor of the first

10329

degree, punishable as provided in s. 775.082 or s. 775.083, and

10330

such commercial harvester may also be assessed a civil penalty

10331

of up to $2,500 and is subject to a suspension of all license

10332

privileges under this chapter ~~and chapter 372~~ for a period not

10333

exceeding 90 days.

10334

3. A third violation is a misdemeanor of the first degree,

10335

punishable as provided in s. 775.082 or s. 775.083, with a

10336

mandatory minimum term of imprisonment of 6 months, and such

10337

commercial harvester may also be assessed a civil penalty of up

10338

to $5,000 and is subject to a suspension of all license

10339

privileges under this chapter ~~and chapter 372~~ for a period not

10340

exceeding 6 months.

10341

4. A third violation within 1 year after a second

10342

violation is a felony of the third degree, punishable as

10343

provided in s. 775.082 or s. 775.083, with a mandatory minimum

10344

term of imprisonment of 1 year, and such commercial harvester

10345

shall also be assessed a civil penalty of $5,000 and all license

10346

privileges under this chapter ~~and chapter 372~~ shall be

10347

permanently revoked.

10348

5. A fourth or subsequent violation is a felony of the

10349

third degree, punishable as provided in s. 775.082 or s.

10350

775.083, with a mandatory minimum term of imprisonment of 1

10351

year, and such commercial harvester shall also be assessed a

10352

mandatory civil penalty of $5,000 and all license privileges

10353

under this chapter ~~and chapter 372~~ shall be permanently revoked.

10354

10355

For purposes of this subsection, a violation means any judicial

10356

disposition other than acquittal or dismissal.

10357

(7)~~(11)~~ REVOCATION OF LICENSES.--Any person licensed under

10358

this chapter who has been convicted of taking aquaculture

10359

species raised at a certified facility shall have his or her

10360

license revoked for 5 years by the commission pursuant to the

10361

provisions and procedures of s. 120.60.

10362

(8)~~(12)~~ LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For

10363

purposes of imposing license or permit suspensions or

10364

revocations authorized by this chapter, the license or permit

10365

under which the violation was committed is subject to suspension

10366

or revocation by the commission. For purposes of assessing

10367

monetary civil or administrative penalties authorized by this

10368

chapter, the commercial harvester cited and subsequently

10369

receiving a judicial disposition of other than dismissal or

10370

acquittal in a court of law is subject to the monetary penalty

10371

assessment by the commission. However, if the license or

10372

permitholder of record is not the commercial harvester receiving

10373

the citation and judicial disposition, the license or permit may

10374

be suspended or revoked only after the license or permitholder

10375

has been notified by the commission that the license or permit

10376

has been cited in a major violation and is now subject to

10377

suspension or revocation should the license or permit be cited

10378

for subsequent major violations.

10379

Section 174. Section 372.84, Florida Statutes, is

10380

renumbered as section 379.408, Florida Statutes, to read:

10381

379.408 ~~372.84~~ Forfeiture or denial of licenses and

10382

permits.--Any person convicted as aforesaid shall forfeit to the

10383

state any license or permit that may have been issued to her or

10384

him under the provisions of this law, or other law of this state

10385

relating to game shall forthwith surrender the same to the

10386

court. If such violation occurs in the open season, relating to

10387

game, no license or permit shall be issued under the provisions

10388

of this law to such person at any time during the remainder of

10389

such open season, or if such violation occurs during the closed

10390

season no license shall be issued to such person for the open

10391

season on game next following.

10392

Section 175. Section 372.663, Florida Statutes, is

10393

renumbered as section 379.409, Florida Statutes, to read:

10394

379.409 ~~372.663~~ Illegal killing, possessing, or capturing

10395

of alligators or other crocodilia or eggs; confiscation of

10396

equipment.--

10397

(1) It is unlawful to intentionally kill, injure, possess,

10398

or capture, or attempt to kill, injure, possess, or capture, an

10399

alligator or other crocodilian, or the eggs of an alligator or

10400

other crocodilian, unless authorized by the rules of the Fish

10401

and Wildlife Conservation Commission. Any person who violates

10402

this section is guilty of a felony of the third degree,

10403

punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

10404

in addition to such other punishment as may be provided by law.

10405

Any equipment, including but not limited to weapons, vehicles,

10406

boats, and lines, used by a person in the commission of a

10407

violation of any law, rule, regulation, or order relating to

10408

alligators or other crocodilia or the eggs of alligators or

10409

other crocodilia shall, upon conviction of such person, be

10410

confiscated by the Fish and Wildlife Conservation Commission and

10411

disposed of according to rules and regulations of the

10412

commission. The arresting officer shall promptly make a return

10413

of the seizure, describing in detail the property seized and the

10414

facts and circumstances under which it was seized, including the

10415

names of all persons known to the officer who have an interest

10416

in the property.

10417

(2) The commission shall promptly fix the value of the

10418

property and make return to the clerk of the circuit court of

10419

the county wherein same was seized. Upon proper showing that any

10420

such property is owned by, or titled in the name of, any

10421

innocent party, such property shall be promptly returned to such

10422

owner.

10423

(3) The provisions of this section shall not vitiate any

10424

valid lien, retain title contract, or chattel mortgage on such

10425

property in effect as of the time of such seizure.

10426

Section 176. Section 372.0725, Florida Statutes, is

10427

renumbered as section 379.411, Florida Statutes, to read:

10428

379.411 ~~372.0725~~ Killing or wounding of any species

10429

designated as endangered, threatened, or of special concern;

10430

criminal penalties.--It is unlawful for a person to

10431

intentionally kill or wound any fish or wildlife of a species

10432

designated by the Fish and Wildlife Conservation Commission as

10433

endangered, threatened, or of special concern, or to

10434

intentionally destroy the eggs or nest of any such fish or

10435

wildlife, except as provided for in the rules of the commission.

10436

Any person who violates this provision with regard to an

10437

endangered or threatened species is guilty of a felony of the

10438

third degree, punishable as provided in s. 775.082, s. 775.083,

10439

or s. 775.084.

10440

Section 177. Section 372.671, Florida Statutes, is

10441

renumbered as section 379.4115, Florida Statutes, and amended to

10442

read:

10443

379.4115 ~~372.671~~ Florida or wild panther; killing

10444

prohibited; penalty.--

10445

(1) It is unlawful for a person to kill a member of the

10446

Florida "endangered species," as defined in s. 379.2291(3)

10447

~~372.072(3)~~, known as the Florida panther (Felis concolor coryi).

10448

(2) It is unlawful for a person to kill any member of the

10449

species of panther (Felis concolor) occurring in the wild.

10450

(3) A person convicted of unlawfully killing a Florida

10451

panther, or unlawfully killing any member of the species of

10452

panther occurring in the wild, is guilty of a felony of the

10453

third degree, punishable as provided in s. 775.082, s. 775.083,

10454

or s. 775.084.

10455

Section 178. Section 370.1121, Florida Statutes, is

10456

renumbered as section 379.413, Florida Statutes, and amended to

10457

read:

10458

379.413 ~~370.1121~~ Bonefish; penalties ~~regulation~~.--

10459

~~(1) It is unlawful to take or attempt to take any bonefish~~

10460

~~(Albula vulpes) from any of the waters of the state for the~~

10461

~~purpose of sale or exchange while fishing with any net, seine,~~

10462

~~or similar device.~~

10463

~~(2) It is unlawful for any wholesale or retail fish dealer~~

10464

~~to possess, buy, sell, or store any bonefish or permit any~~

10465

~~bonefish to be possessed, sold, or stored on, in, or about the~~

10466

~~premises where such wholesale or retail fish business is carried~~

10467

~~on or conducted. It shall be unlawful for any person, firm, or~~

10468

~~corporation to buy or sell bonefish in any form.~~

10469

~~(3)~~ A commercial harvester or wholesale or retail

10470

saltwater products dealer who violates commission rules

10471

pertaining to bonefish s.370.1121 ~~this section~~ shall be punished

10472

under s. 379.407 ~~370.021~~. Any other person who violates this

10473

section commits a Level Two violation under s. 379.401 ~~372.83~~.

10474

Section 179. Section 379.414, Florida Statutes, is created

10475

to read:

10476

379.414 Additional penalties for saltwater products

10477

dealers violating records requirements.--

10478

(1) The commission may revoke, suspend, or deny the

10479

renewal of the license of any saltwater products dealer for

10480

failure to make and keep records as required by s. 379.362, for

10481

failure to make required reports, for failure or refusal to

10482

permit the examination of required records, or for falsifying

10483

any such record. In addition to other applicable penalties, the

10484

commission may impose against any person, firm, or corporation

10485

who is determined to have violated any provision of s. 379.362

10486

or any provisions of any commission rules adopted pursuant to s.

10487

379.407, the following additional penalties:

10488

(a) For the first violation, a civil penalty of up to

10489

$1,000;

10490

(b) For a second violation committed within 24 months of

10491

any previous violation, a civil penalty of up to $2,500; and

10492

10493

36 months of any previous two violations, a civil penalty of up

10494

to $5,000.

10495

(2) The proceeds of all civil penalties collected pursuant

10496

to this section shall be deposited into the Marine Resources

10497

Conservation Trust Fund and shall be used for administration,

10498

auditing, and law enforcement purposes.

10499

Section 180. Paragraph (a) of subsection (1) of section

10500

72.011, Florida Statutes, is amended to read:

10501

72.011 Jurisdiction of circuit courts in specific tax

10502

matters; administrative hearings and appeals; time for

10503

commencing action; parties; deposits.--

10504

(1)(a) A taxpayer may contest the legality of any

10505

assessment or denial of refund of tax, fee, surcharge, permit,

10506

interest, or penalty provided for under s. 125.0104, s.

10507

125.0108, chapter 198, chapter 199, chapter 201, chapter 202,

10508

chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,

10509

chapter 212, chapter 213, chapter 220, chapter 221, s.

10510

379.362(3) ~~370.07(3)~~, chapter 376, s. 403.717, s. 403.718, s.

10511

403.7185, s. 538.09, s. 538.25, chapter 550, chapter 561,

10512

chapter 562, chapter 563, chapter 564, chapter 565, chapter 624,

10513

or s. 681.117 by filing an action in circuit court; or,

10514

alternatively, the taxpayer may file a petition under the

10515

applicable provisions of chapter 120. However, once an action

10516

has been initiated under s. 120.56, s. 120.565, s. 120.569, s.

10517

120.57, or s. 120.80(14)(b), no action relating to the same

10518

subject matter may be filed by the taxpayer in circuit court,

10519

and judicial review shall be exclusively limited to appellate

10520

review pursuant to s. 120.68; and once an action has been

10521

initiated in circuit court, no action may be brought under

10522

chapter 120.

10523

Section 181. Section 97.05831, Florida Statutes, is

10524

amended to read:

10525

97.05831 Voter registration applications made available to

10526

the Fish and Wildlife Conservation Commission.--As required in

10527

s. 379.352 ~~372.561~~, each supervisor of elections shall supply

10528

voter registration applications to the Fish and Wildlife

10529

Conservation Commission and its subagents, as needed.

10530

Section 182. Subsection (4) of section 125.01, Florida

10531

Statutes, is amended to read:

10532

125.01 Powers and duties.--

10533

(4) The legislative and governing body of a county shall

10534

not have the power to regulate the taking or possession of

10535

saltwater fish, as defined in s. 379.101 ~~370.01~~, with respect to

10536

the method of taking, size, number, season, or species. However,

10537

this subsection does not prohibit a county from prohibiting, for

10538

reasons of protecting the public health, safety, or welfare,

10539

saltwater fishing from real property owned by that county, nor

10540

does it prohibit the imposition of excise taxes by county

10541

ordinance.

10542

Section 183. Subsections (1) and (4) of section 142.01,

10543

Florida Statutes, are amended to read:

10544

142.01 Fine and forfeiture fund; clerk of the circuit

10545

court.--There shall be established by the clerk of the circuit

10546

court in each county of this state a separate fund to be known

10547

as the fine and forfeiture fund for use by the clerk of the

10548

circuit court in performing court-related functions. The fund

10549

shall consist of the following:

10550

(1) Fines and penalties pursuant to ss. 28.2402(2),

10551

34.045(2), 316.193, 327.35, 327.72, 379.2203(1) ~~372.72(1)~~, and

10552

775.083(1).

10553

(4) Proceeds from forfeited bail bonds, unclaimed bonds,

10554

unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),

10555

379.2203(1) ~~372.72(1)~~, and 903.26(3)(a).

10556

10557

Notwithstanding the provisions of this section, all fines and

10558

forfeitures arising from operation of the provisions of s.

10559

318.1215 shall be disbursed in accordance with that section.

10560

Section 184. Paragraph (c) of subsection (5) of section

10561

161.053, Florida Statutes, is amended to read:

10562

161.053 Coastal construction and excavation; regulation on

10563

county basis.--

10564

(5) Except in those areas where local zoning and building

10565

codes have been established pursuant to subsection (4), a permit

10566

to alter, excavate, or construct on property seaward of

10567

established coastal construction control lines may be granted by

10568

the department as follows:

10569

10570

sequence of construction of permitted activities to provide

10571

protection to nesting sea turtles and hatchlings and their

10572

habitat, pursuant to s. 379.2431 ~~370.12~~, and to native salt-

10573

resistant vegetation and endangered plant communities.

10574

Section 185. Subsection (11) of section 201.15, Florida

10575

Statutes, is amended to read:

10576

201.15 Distribution of taxes collected.--All taxes

10577

collected under this chapter shall be distributed as follows and

10578

shall be subject to the service charge imposed in s. 215.20(1),

10579

except that such service charge shall not be levied against any

10580

portion of taxes pledged to debt service on bonds to the extent

10581

that the amount of the service charge is required to pay any

10582

amounts relating to the bonds:

10583

(11) From the moneys specified in paragraphs (1)(e) and

10584

(2)(a) and prior to deposit of any moneys into the General

10585

Revenue Fund, $30 million shall be paid into the State Treasury

10586

to the credit of the Ecosystem Management and Restoration Trust

10587

Fund in fiscal year 2000-2001 and each fiscal year thereafter,

10588

to be used for the preservation and repair of the state's

10589

beaches as provided in ss. 161.091-161.212, $2 million shall be

10590

paid into the State Treasury to the credit of the Marine

10591

Resources Conservation Trust Fund to be used for marine mammal

10592

care as provided in s. 379.208(3) ~~370.0603(3)~~, and $300,000

10593

shall be paid into the State Treasury to the credit of the

10594

General Inspection Trust Fund in fiscal year 2006-2007 and each

10595

fiscal year thereafter, to be used to fund oyster management and

10596

restoration programs as provided in s. 379.362(3) ~~370.07(3)~~.

10597

Section 186. Paragraph (b) of subsection (8) of section

10598

212.06, Florida Statutes, is amended to read:

10599

212.06 Sales, storage, use tax; collectible from dealers;

10600

"dealer" defined; dealers to collect from purchasers;

10601

legislative intent as to scope of tax.--

10602

(8)

10603

(b) The presumption that tangible personal property used

10604

in another state, territory of the United States, or the

10605

District of Columbia for 6 months or longer before being

10606

imported into this state was not purchased for use in this state

10607

does not apply to any boat for which a saltwater fishing license

10608

fee is required to be paid pursuant to s. 379.354(7) ~~372.57(7)~~,

10609

either directly or indirectly, for the purpose of taking,

10610

attempting to take, or possessing any saltwater fish for

10611

noncommercial purposes. Use tax shall apply and be due on such a

10612

boat as provided in this paragraph, and proof of payment of such

10613

tax must be presented prior to the first such licensure of the

10614

boat, registration of the boat pursuant to chapter 328, and

10615

titling of the boat pursuant to chapter 328. A boat that is

10616

first licensed within 1 year after purchase shall be subject to

10617

use tax on the full amount of the purchase price; a boat that is

10618

first licensed in the second year after purchase shall be

10619

subject to use tax on 90 percent of the purchase price; a boat

10620

that is first licensed in the third year after purchase shall be

10621

subject to use tax on 80 percent of the purchase price; a boat

10622

that is first licensed in the fourth year after purchase shall

10623

be subject to use tax on 70 percent of the purchase price; a

10624

boat that is first licensed in the fifth year after purchase

10625

shall be subject to use tax on 60 percent of the purchase price;

10626

and a boat that is first licensed in the sixth year after

10627

purchase, or later, shall be subject to use tax on 50 percent of

10628

the purchase price. If the purchaser fails to provide the

10629

purchase invoice on such boat, the fair market value of the boat

10630

at the time of importation into this state shall be used to

10631

compute the tax.

10632

Section 187. Paragraph (h) of subsection (5) of section

10633

212.08, Florida Statutes, is amended to read:

10634

212.08 Sales, rental, use, consumption, distribution, and

10635

storage tax; specified exemptions.--The sale at retail, the

10636

rental, the use, the consumption, the distribution, and the

10637

storage to be used or consumed in this state of the following

10638

are hereby specifically exempt from the tax imposed by this

10639

chapter.

10640

(5) EXEMPTIONS; ACCOUNT OF USE.--

10641

(h) Business property used in an enterprise zone.--

10642

1. Business property purchased for use by businesses

10643

located in an enterprise zone which is subsequently used in an

10644

enterprise zone shall be exempt from the tax imposed by this

10645

chapter. This exemption inures to the business only through a

10646

refund of previously paid taxes. A refund shall be authorized

10647

upon an affirmative showing by the taxpayer to the satisfaction

10648

of the department that the requirements of this paragraph have

10649

been met.

10650

2. To receive a refund, the business must file under oath

10651

with the governing body or enterprise zone development agency

10652

having jurisdiction over the enterprise zone where the business

10653

is located, as applicable, an application which includes:

10654

a. The name and address of the business claiming the

10655

refund.

10656

b. The identifying number assigned pursuant to s. 290.0065

10657

to the enterprise zone in which the business is located.

10658

c. A specific description of the property for which a

10659

refund is sought, including its serial number or other permanent

10660

identification number.

10661

d. The location of the property.

10662

e. The sales invoice or other proof of purchase of the

10663

property, showing the amount of sales tax paid, the date of

10664

purchase, and the name and address of the sales tax dealer from

10665

whom the property was purchased.

10666

f. Whether the business is a small business as defined by

10667

s. 288.703(1).

10668

g. If applicable, the name and address of each permanent

10669

employee of the business, including, for each employee who is a

10670

resident of an enterprise zone, the identifying number assigned

10671

pursuant to s. 290.0065 to the enterprise zone in which the

10672

employee resides.

10673

3. Within 10 working days after receipt of an application,

10674

the governing body or enterprise zone development agency shall

10675

review the application to determine if it contains all the

10676

information required pursuant to subparagraph 2. and meets the

10677

criteria set out in this paragraph. The governing body or agency

10678

shall certify all applications that contain the information

10679

required pursuant to subparagraph 2. and meet the criteria set

10680

out in this paragraph as eligible to receive a refund. If

10681

applicable, the governing body or agency shall also certify if

10682

20 percent of the employees of the business are residents of an

10683

enterprise zone, excluding temporary and part-time employees.

10684

The certification shall be in writing, and a copy of the

10685

certification shall be transmitted to the executive director of

10686

the Department of Revenue. The business shall be responsible for

10687

forwarding a certified application to the department within the

10688

time specified in subparagraph 4.

10689

4. An application for a refund pursuant to this paragraph

10690

must be submitted to the department within 6 months after the

10691

tax is due on the business property that is purchased.

10692

5. The amount refunded on purchases of business property

10693

under this paragraph shall be the lesser of 97 percent of the

10694

sales tax paid on such business property or $5,000, or, if no

10695

less than 20 percent of the employees of the business are

10696

residents of an enterprise zone, excluding temporary and part-

10697

time employees, the amount refunded on purchases of business

10698

property under this paragraph shall be the lesser of 97 percent

10699

of the sales tax paid on such business property or $10,000. A

10700

refund approved pursuant to this paragraph shall be made within

10701

30 days of formal approval by the department of the application

10702

for the refund. No refund shall be granted under this paragraph

10703

unless the amount to be refunded exceeds $100 in sales tax paid

10704

on purchases made within a 60-day time period.

10705

6. The department shall adopt rules governing the manner

10706

and form of refund applications and may establish guidelines as

10707

to the requisites for an affirmative showing of qualification

10708

for exemption under this paragraph.

10709

7. If the department determines that the business property

10710

is used outside an enterprise zone within 3 years from the date

10711

of purchase, the amount of taxes refunded to the business

10712

purchasing such business property shall immediately be due and

10713

payable to the department by the business, together with the

10714

appropriate interest and penalty, computed from the date of

10715

purchase, in the manner provided by this chapter.

10716

Notwithstanding this subparagraph, business property used

10717

exclusively in:

10718

a. Licensed commercial fishing vessels,

10719

b. Fishing guide boats, or

10720

c. Ecotourism guide boats

10721

10722

that leave and return to a fixed location within an area

10723

designated under s. 379.2353 ~~370.28~~ are eligible for the

10724

exemption provided under this paragraph if all requirements of

10725

this paragraph are met. Such vessels and boats must be owned by

10726

a business that is eligible to receive the exemption provided

10727

under this paragraph. This exemption does not apply to the

10728

purchase of a vessel or boat.

10729

8. The department shall deduct an amount equal to 10

10730

percent of each refund granted under the provisions of this

10731

paragraph from the amount transferred into the Local Government

10732

Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20

10733

for the county area in which the business property is located

10734

and shall transfer that amount to the General Revenue Fund.

10735

9. For the purposes of this exemption, "business property"

10736

means new or used property defined as "recovery property" in s.

10737

168(c) of the Internal Revenue Code of 1954, as amended, except:

10738

a. Property classified as 3-year property under s.

10739

168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

10740

b. Industrial machinery and equipment as defined in sub-

10741

subparagraph (b)6.a. and eligible for exemption under paragraph

10742

(b);

10743

c. Building materials as defined in sub-subparagraph

10744

(g)8.a.; and

10745

d. Business property having a sales price of under $5,000

10746

per unit.

10747

10. This paragraph expires on the date specified in s.

10748

290.016 for the expiration of the Florida Enterprise Zone Act.

10749

Section 188. Paragraph (o) of subsection (1) of section

10750

213.053, Florida Statutes, is amended to read:

10751

213.053 Confidentiality and information sharing.--

10752

(1) This section applies to:

10753

(o) Section 379.362(3) ~~370.07(3)~~, Apalachicola Bay oyster

10754

surcharge;

10755

Section 189. Paragraph (u) of subsection (4) of section

10756

215.20, Florida Statutes, is amended to read:

10757

215.20 Certain income and certain trust funds to

10758

contribute to the General Revenue Fund.--

10759

(4) The income of a revenue nature deposited in the

10760

following described trust funds, by whatever name designated, is

10761

that from which the appropriations authorized by subsection (3)

10762

shall be made:

10763

(u) Within the Fish and Wildlife Conservation Commission:

10764

1. The Conservation and Recreation Lands Program Trust

10765

Fund.

10766

2. The Florida Panther Research and Management Trust Fund.

10767

3. The Land Acquisition Trust Fund.

10768

4. The Marine Resources Conservation Trust Fund, with the

10769

exception of those fees collected for recreational saltwater

10770

fishing licenses as provided in s. 379.354 ~~372.57~~.

10771

10772

The enumeration of the foregoing moneys or trust funds shall not

10773

prohibit the applicability thereto of s. 215.24 should the

10774

Governor determine that for the reasons mentioned in s. 215.24

10775

the money or trust funds should be exempt herefrom, as it is the

10776

purpose of this law to exempt income from its force and effect

10777

when, by the operation of this law, federal matching funds or

10778

contributions or private grants to any trust fund would be lost

10779

to the state.

10780

Section 190. Subsection (6) of section 290.004, Florida

10781

Statutes, is amended to read:

10782

290.004 Definitions relating to Florida Enterprise Zone

10783

Act.--As used in ss. 290.001-290.016:

10784

(6) "Rural enterprise zone" means an enterprise zone that

10785

is nominated by a county having a population of 75,000 or fewer,

10786

or a county having a population of 100,000 or fewer which is

10787

contiguous to a county having a population of 75,000 or fewer,

10788

or by a municipality in such a county, or by such a county and

10789

one or more municipalities. An enterprise zone designated in

10790

accordance with s. 290.0065(5)(b) or s. 379.2353 ~~370.28~~ is

10791

considered to be a rural enterprise zone.

10792

Section 191. Paragraph (b) of subsection (1) and paragraph

10793

(b) of subsection (24) and of section 320.08058, Florida

10794

Statutes, are amended to read:

10795

320.08058 Specialty license plates.--

10796

(1) MANATEE LICENSE PLATES.--

10797

(b) The manatee license plate annual use fee must be

10798

deposited into the Save the Manatee Trust Fund, created within

10799

the Fish and Wildlife Conservation Commission, and shall be used

10800

only for the purposes specified in s. 379.2431(4) ~~370.12(4)~~.

10801

(24) CONSERVE WILDLIFE LICENSE PLATES.--

10802

(b) The proceeds of the Conserve Wildlife license plate

10803

annual use fee shall be forwarded to the Wildlife Foundation of

10804

Florida, Inc., a citizen support organization created pursuant

10805

to s. 379.223 ~~372.0215~~.

10806

1. Notwithstanding s. 320.08062, up to 10 percent of the

10807

proceeds from the annual use fee may be used for marketing the

10808

Conserve Wildlife license plate and administrative costs

10809

directly related to the management and distribution of the

10810

proceeds.

10811

2. The remaining proceeds from the annual use fee shall be

10812

used for programs and activities of the Fish and Wildlife

10813

Conservation Commission that contribute to the health and well-

10814

being of Florida black bears and other wildlife diversity.

10815

Section 192. Paragraph (a) of subsection (5) of section

10816

327.02, Florida Statutes, is amended to read:

10817

327.02 Definitions of terms used in this chapter and in

10818

chapter 328.--As used in this chapter and in chapter 328, unless

10819

the context clearly requires a different meaning, the term:

10820

(5) "Commercial vessel" means:

10821

(a) Any vessel primarily engaged in the taking or landing

10822

of saltwater fish or saltwater products or freshwater fish or

10823

freshwater products, or any vessel licensed pursuant to s.

10824

379.361 ~~370.06~~ from which commercial quantities of saltwater

10825

products are harvested, from within and without the waters of

10826

this state for sale either to the consumer, retail dealer, or

10827

wholesale dealer.

10828

Section 193. Subsection (2) of section 327.41, Florida

10829

Statutes, is amended to read:

10830

327.41 Uniform waterway regulatory markers.--

10831

(2) Any county or municipality which has been granted a

10832

restricted area designation, pursuant to s. 327.46, for a

10833

portion of the Florida Intracoastal Waterway within its

10834

jurisdiction or which has adopted a restricted area by ordinance

10835

pursuant to s. 327.22, s. 327.60, or s. 379.2431(2)(p)

10836

~~370.12(2)(p)~~, or any other governmental entity which has legally

10837

established a restricted area, may apply to the commission for

10838

permission to place regulatory markers within the restricted

10839

area.

10840

Section 194. Paragraph (k) of subsection (1) of section

10841

327.73, Florida Statutes, is amended to read:

10842

327.73 Noncriminal infractions.--

10843

(1) Violations of the following provisions of the vessel

10844

laws of this state are noncriminal infractions:

10845

(k) Violations relating to restricted areas and speed

10846

limits:

10847

1. Established by the commission pursuant to s. 327.46.

10848

2. Established by local governmental authorities pursuant

10849

to s. 327.22 or s. 327.60.

10850

3. Speed limits established pursuant to s. 379.2431(2)

10851

~~370.12(2)~~.

10852

10853

Any person cited for a violation of any such provision shall be

10854

deemed to be charged with a noncriminal infraction, shall be

10855

cited for such an infraction, and shall be cited to appear

10856

before the county court. The civil penalty for any such

10857

infraction is $50, except as otherwise provided in this section.

10858

Any person who fails to appear or otherwise properly respond to

10859

a uniform boating citation shall, in addition to the charge

10860

relating to the violation of the boating laws of this state, be

10861

charged with the offense of failing to respond to such citation

10862

and, upon conviction, be guilty of a misdemeanor of the second

10863

degree, punishable as provided in s. 775.082 or s. 775.083. A

10864

written warning to this effect shall be provided at the time

10865

such uniform boating citation is issued.

10866

Section 195. Subsection (1) of section 328.66, Florida

10867

Statutes, is amended to read:

10868

328.66 County and municipality optional registration

10869

fee.--

10870

(1) Any county may impose an annual registration fee on

10871

vessels registered, operated, or stored in the water within its

10872

jurisdiction. This fee shall be 50 percent of the applicable

10873

state registration fee. However, the first $1 of every

10874

registration imposed under this subsection shall be remitted to

10875

the state for deposit in the Save the Manatee Trust Fund created

10876

within the Fish and Wildlife Conservation Commission, and shall

10877

be used only for the purposes specified in s. 379.2431(4)

10878

~~370.12(4)~~. All other moneys received from such fee shall be

10879

expended for the patrol, regulation, and maintenance of the

10880

lakes, rivers, and waters and for other boating-related

10881

activities of such municipality or county. A municipality that

10882

was imposing a registration fee before April 1, 1984, may

10883

continue to levy such fee, notwithstanding the provisions of

10884

this section.

10885

Section 196. Subsections (11) and (16) of section 328.72,

10886

Florida Statutes, are amended to read:

10887

328.72 Classification; registration; fees and charges;

10888

surcharge; disposition of fees; fines; marine turtle stickers.--

10889

(11) VOLUNTARY CONTRIBUTIONS.--The application form for

10890

boat registration shall include a provision to allow each

10891

applicant to indicate a desire to pay an additional voluntary

10892

contribution to the Save the Manatee Trust Fund to be used for

10893

the purposes specified in s. 379.2431(4) ~~370.12(4)~~. This

10894

contribution shall be in addition to all other fees and charges.

10895

The amount of the request for a voluntary contribution solicited

10896

shall be $2 or $5 per registrant. A registrant who provides a

10897

voluntary contribution of $5 or more shall be given a sticker or

10898

emblem by the tax collector to display, which signifies support

10899

for the Save the Manatee Trust Fund. All voluntary contributions

10900

shall be deposited in the Save the Manatee Trust Fund and shall

10901

be used for the purposes specified in s. 379.2431(4) ~~370.12(4)~~.

10902

The form shall also include language permitting a voluntary

10903

contribution of $5 per applicant, which contribution shall be

10904

transferred into the Election Campaign Financing Trust Fund. A

10905

statement providing an explanation of the purpose of the trust

10906

fund shall also be included.

10907

(16) MARINE TURTLE STICKER.--The Department of Highway

10908

Safety and Motor Vehicles shall offer for sale with vessel

10909

registrations a waterproof sticker in the shape of a marine

10910

turtle at an additional cost of $5, the proceeds of which shall

10911

be deposited in the Marine Resources Conservation Trust Fund to

10912

be used for marine turtle protection, research, and recovery

10913

efforts pursuant to the provisions of s. 379.2431(1) ~~370.12(1)~~.

10914

Section 197. Paragraph (a) of subsection (1) and

10915

subsection (2) of section 328.76, Florida Statutes, are amended

10916

to read:

10917

328.76 Marine Resources Conservation Trust Fund; vessel

10918

registration funds; appropriation and distribution.--

10919

(1) Except as otherwise specified in this subsection and

10920

less $1.4 million for any administrative costs which shall be

10921

deposited in the Highway Safety Operating Trust Fund, in each

10922

fiscal year beginning on or after July 1, 2001, all funds

10923

collected from the registration of vessels through the

10924

Department of Highway Safety and Motor Vehicles and the tax

10925

collectors of the state, except for those funds designated as

10926

the county portion pursuant to s. 328.72(1), shall be deposited

10927

in the Marine Resources Conservation Trust Fund for recreational

10928

channel marking; public launching facilities; law enforcement

10929

and quality control programs; aquatic weed control; manatee

10930

protection, recovery, rescue, rehabilitation, and release; and

10931

marine mammal protection and recovery. The funds collected

10932

pursuant to s. 328.72(1) shall be transferred as follows:

10933

(a) In each fiscal year, an amount equal to $1.50 for each

10934

commercial and recreational vessel registered in this state

10935

shall be transferred by the Department of Highway Safety and

10936

Motor Vehicles to the Save the Manatee Trust Fund and shall be

10937

used only for the purposes specified in s. 379.2431(4)

10938

~~370.12(4)~~.

10939

(2) All funds collected pursuant to s. 379.361(2)

10940

~~370.06(2)~~ shall be deposited in the Marine Resources

10941

Conservation Trust Fund. Such funds shall be used to pay the

10942

cost of implementing the saltwater products license program.

10943

Additional proceeds from the licensing revenue shall be

10944

distributed among the following program functions:

10945

(a) No more than 15 percent shall go to marine law

10946

enforcement;

10947

(b) Twenty-five percent shall go to the Florida Saltwater

10948

Products Promotion Trust Fund within the Department of

10949

Agriculture and Consumer Services, on a monthly basis, for the

10950

purpose of providing marketing and extension services including

10951

industry information and education; and

10952

10953

Conservation Commission, for use in marine research and

10954

statistics development, including quota management.

10955

Section 198. Subsection (5) of section 373.046, Florida

10956

Statutes, is amended to read:

10957

373.046 Interagency agreements.--

10958

(5) Notwithstanding the provisions of s. 403.927, when any

10959

operating agreement is developed pursuant to subsection (4), the

10960

department shall have regulatory responsibility under part IV of

10961

this chapter for aquaculture activities that meet or exceed the

10962

thresholds for aquaculture general permits authorized pursuant

10963

to ss. 379.2523 ~~370.26~~ and 403.814.

10964

Section 199. Paragraph (h) of subsection (2) of section

10965

403.41315, Florida Statutes, is amended to read:

10966

403.41315 Comprehensive illegal dumping, litter, and

10967

marine debris control and prevention.--

10968

(2) The comprehensive illegal dumping, litter, and marine

10969

debris control and prevention program at a minimum must include

10970

the following:

10971

(h) The prohibition of balloon releases as authorized

10972

under s. 379.233 ~~372.995~~.

10973

Section 200. Paragraph (f) of subsection (2) of section

10974

403.813, Florida Statutes, is amended to read:

10975

403.813 Permits issued at district centers; exceptions.--

10976

(2) A permit is not required under this chapter, chapter

10977

373, chapter 61-691, Laws of Florida, or chapter 25214 or

10978

chapter 25270, 1949, Laws of Florida, for activities associated

10979

with the following types of projects; however, except as

10980

otherwise provided in this subsection, nothing in this

10981

subsection relieves an applicant from any requirement to obtain

10982

permission to use or occupy lands owned by the Board of Trustees

10983

of the Internal Improvement Trust Fund or any water management

10984

district in its governmental or proprietary capacity or from

10985

complying with applicable local pollution control programs

10986

authorized under this chapter or other requirements of county

10987

and municipal governments:

10988

(f) The performance of maintenance dredging of existing

10989

manmade canals, channels, intake and discharge structures, and

10990

previously dredged portions of natural water bodies within

10991

drainage rights-of-way or drainage easements which have been

10992

recorded in the public records of the county, where the spoil

10993

material is to be removed and deposited on a self-contained,

10994

upland spoil site which will prevent the escape of the spoil

10995

material into the waters of the state, provided that no more

10996

dredging is to be performed than is necessary to restore the

10997

canals, channels, and intake and discharge structures, and

10998

previously dredged portions of natural water bodies, to original

10999

design specifications or configurations, provided that the work

11000

is conducted in compliance with s. 379.2431(2)(d) ~~370.12(2)(d)~~,

11001

provided that no significant impacts occur to previously

11002

undisturbed natural areas, and provided that control devices for

11003

return flow and best management practices for erosion and

11004

sediment control are utilized to prevent bank erosion and

11005

scouring and to prevent turbidity, dredged material, and toxic

11006

or deleterious substances from discharging into adjacent waters

11007

during maintenance dredging. Further, for maintenance dredging

11008

of previously dredged portions of natural water bodies within

11009

recorded drainage rights-of-way or drainage easements, an entity

11010

that seeks an exemption must notify the department or water

11011

management district, as applicable, at least 30 days prior to

11012

dredging and provide documentation of original design

11013

specifications or configurations where such exist. This

11014

exemption applies to all canals and previously dredged portions

11015

of natural water bodies within recorded drainage rights-of-way

11016

or drainage easements constructed prior to April 3, 1970, and to

11017

those canals and previously dredged portions of natural water

11018

bodies constructed on or after April 3, 1970, pursuant to all

11019

necessary state permits. This exemption does not apply to the

11020

removal of a natural or manmade barrier separating a canal or

11021

canal system from adjacent waters. When no previous permit has

11022

been issued by the Board of Trustees of the Internal Improvement

11023

Trust Fund or the United States Army Corps of Engineers for

11024

construction or maintenance dredging of the existing manmade

11025

canal or intake or discharge structure, such maintenance

11026

dredging shall be limited to a depth of no more than 5 feet

11027

below mean low water. The Board of Trustees of the Internal

11028

Improvement Trust Fund may fix and recover from the permittee an

11029

amount equal to the difference between the fair market value and

11030

the actual cost of the maintenance dredging for material removed

11031

during such maintenance dredging. However, no charge shall be

11032

exacted by the state for material removed during such

11033

maintenance dredging by a public port authority. The removing

11034

party may subsequently sell such material; however, proceeds

11035

from such sale that exceed the costs of maintenance dredging

11036

shall be remitted to the state and deposited in the Internal

11037

Improvement Trust Fund.

11038

Section 201. Paragraph (a) of subsection (5) and paragraph

11039

(a) of subsection (18) of section 597.010, Florida Statutes, are

11040

amended to read:

11041

597.010 Shellfish regulation; leases.--

11042

(5) LEASES IN PERPETUITY; RENT.--

11043

(a) All leases issued previously under the provisions of

11044

s. 379.2525 ~~370.16~~ shall be enforced under the authority of this

11045

chapter, notwithstanding any other law to the contrary, and

11046

shall continue in perpetuity under such restrictions as stated

11047

in the lease agreement. The annual rental fee charged for all

11048

leases shall consist of the minimum rate of $15 per acre, or any

11049

fraction of an acre, per year and shall be adjusted on January

11050

1, 1995, and every 5 years thereafter, based on the 5-year

11051

average change in the Consumer Price Index. Rent shall be paid

11052

in advance of January 1 of each year or in the case of a new

11053

lease at the time of signing, regardless of who holds the lease.

11054

(18) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL

11055

REEFS; LICENSES, ETC.; PENALTY.--

11056

(a) It is unlawful to use a dredge or any means or

11057

implement other than hand tongs in removing oysters from the

11058

natural or artificial state reefs or beds. This restriction

11059

shall apply to all areas of Apalachicola Bay for all shellfish

11060

harvesting, excluding private grounds leased or granted by the

11061

state prior to July 1, 1989, if the lease or grant specifically

11062

authorizes the use of implements other than hand tongs for

11063

harvesting. Except in Apalachicola Bay, upon the payment of $25

11064

annually, for each vessel or boat using a dredge or machinery in

11065

the gathering of clams or mussels, a special activity license

11066

may be issued by the Fish and Wildlife Conservation Commission

11067

pursuant to subsection (15) or s. 379.361 ~~370.06~~ for such use to

11068

such person.

11069

Section 202. Paragraphs (a), (d), and (e) of subsection

11070

(4) of section 777.04, Florida Statutes, are amended to read:

11071

777.04 Attempts, solicitation, and conspiracy.--

11072

(4)(a) Except as otherwise provided in ss. 104.091(2),

11073

379.2431(1) ~~370.12(1)~~, 828.125(2), 849.25(4), 893.135(5), and

11074

921.0022, the offense of criminal attempt, criminal

11075

solicitation, or criminal conspiracy is ranked for purposes of

11076

sentencing under chapter 921 and determining incentive gain-time

11077

eligibility under chapter 944 one level below the ranking under

11078

s. 921.0022 or s. 921.0023 of the offense attempted, solicited,

11079

or conspired to. If the criminal attempt, criminal solicitation,

11080

or criminal conspiracy is of an offense ranked in level 1 or

11081

level 2 under s. 921.0022 or s. 921.0023, such offense is a

11082

misdemeanor of the first degree, punishable as provided in s.

11083

775.082 or s. 775.083.

11084

(d) Except as otherwise provided in s. 104.091(2), s.

11085

379.2431(1) ~~370.12(1)~~, s. 828.125(2), or s. 849.25(4), if the

11086

offense attempted, solicited, or conspired to is a:

11087

1. Felony of the second degree;

11088

2. Burglary that is a felony of the third degree; or

11089

3. Felony of the third degree ranked in level 3, 4, 5, 6,

11090

7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

11091

11092

the offense of criminal attempt, criminal solicitation, or

11093

criminal conspiracy is a felony of the third degree, punishable

11094

as provided in s. 775.082, s. 775.083, or s. 775.084.

11095

(e) Except as otherwise provided in s. 104.091(2), s.

11096

379.2431(1) ~~370.12(1)~~, s. 849.25(4), or paragraph (d), if the

11097

offense attempted, solicited, or conspired to is a felony of the

11098

third degree, the offense of criminal attempt, criminal

11099

solicitation, or criminal conspiracy is a misdemeanor of the

11100

first degree, punishable as provided in s. 775.082 or s.

11101

775.083.

11102

Section 203. Paragraph (h) of subsection (2) of section

11103

810.09, Florida Statutes, is amended to read:

11104

810.09 Trespass on property other than structure or

11105

conveyance.--

11106

(2)

11107

(h) Any person who in taking or attempting to take any

11108

animal described in s. 379.101(19) or (20) ~~372.001(10) or (11)~~,

11109

or in killing, attempting to kill, or endangering any animal

11110

described in s. 585.01(13) knowingly propels or causes to be

11111

propelled any potentially lethal projectile over or across

11112

private land without authorization commits trespass, a felony of

11113

the third degree, punishable as provided in s. 775.082, s.

11114

775.083, or s. 775.084. For purposes of this paragraph, the term

11115

"potentially lethal projectile" includes any projectile launched

11116

from any firearm, bow, crossbow, or similar tensile device. This

11117

section does not apply to any governmental agent or employee

11118

acting within the scope of his or her official duties.

11119

Section 204. Paragraphs (b) and (c) of subsection (3) of

11120

section 921.0022, Florida Statutes, are amended to read:

11121

921.0022 Criminal Punishment Code; offense severity

11122

ranking chart.--

11123

(3) OFFENSE SEVERITY RANKING CHART

11124

(b) LEVEL 2

11125

FloridaStatute

FelonyDegree

Description

11126

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.

11127

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.

11128

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.

11129

517.07

3rd

Registration of securities and furnishing of prospectus required.

11130

590.28(1)

3rd

Willful, malicious, or intentional burning.

11131

784.05(3)

3rd

Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.

11132

787.04(1)

3rd

In violation of court order, take, entice, etc., minor beyond state limits.

11133

806.13(1)(b)3.

3rd

Criminal mischief; damage $1,000 or more to public communication or any other public service.

11134

810.061(2)

3rd

Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.

11135

810.09(2)(e)

3rd

Trespassing on posted commercial horticulture property.

11136

812.014(2)(c)1.

3rd

Grand theft, 3rd degree; $300 or more but less than $5,000.

11137

812.014(2)(d)

3rd

Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.

11138

812.015(7)

3rd

Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.

11139

817.234(1)(a)2.

3rd

False statement in support of insurance claim.

11140

817.481(3)(a)

3rd

Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.

11141

817.52(3)

3rd

Failure to redeliver hired vehicle.

11142

817.54

3rd

With intent to defraud, obtain mortgage note, etc., by false representation.

11143

817.60(5)

3rd

Dealing in credit cards of another.

11144

817.60(6)(a)

3rd

Forgery; purchase goods, services with false card.

11145

817.61

3rd

Fraudulent use of credit cards over $100 or more within 6 months.

11146

826.04

3rd

Knowingly marries or has sexual intercourse with person to whom related.

11147

831.01

3rd

Forgery.

11148

831.02

3rd

Uttering forged instrument; utters or publishes alteration with intent to defraud.

11149

831.07

3rd

Forging bank bills, checks, drafts, or promissory notes.

11150

831.08

3rd

Possessing 10 or more forged notes, bills, checks, or drafts.

11151

831.09

3rd

Uttering forged notes, bills, checks, drafts, or promissory notes.

11152

831.11

3rd

Bringing into the state forged bank bills, checks, drafts, or notes.

11153

832.05(3)(a)

3rd

Cashing or depositing item with intent to defraud.

11154

843.08

3rd

Falsely impersonating an officer.

11155

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.

11156

893.147(2)

3rd

Manufacture or delivery of drug paraphernalia.

11157

11158

11159

FloridaStatute

FelonyDegree

Description

11160

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

11161

316.066(6)(b)-(d)

3rd

Unlawfully obtaining or using confidential crash reports.

11162

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

11163

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

11164

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

11165

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

11166

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

11167

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

11168

327.35(2)(b)

3rd

Felony BUI.

11169

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

11170

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

11171

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.

11172

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.

11173

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

11174

400.903(3)

3rd

Operating a clinic without a license or filing false license application or other required information.

11175

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

11176

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

11177

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

11178

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

11179

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

11180

697.08

3rd

Equity skimming.

11181

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

11182

796.05(1)

3rd

Live on earnings of a prostitute.

11183

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

11184

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

11185

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

11186

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

11187

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

11188

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

11189

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

11190

817.233

3rd

Burning to defraud insurer.

11191

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

11192

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

11193

817.236

3rd

Filing a false motor vehicle insurance application.

11194

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

11195

817.413(2)

3rd

Sale of used goods as new.

11196

817.505(4)

3rd

Patient brokering.

11197

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

11198

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

11199

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

11200

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

11201

843.19

3rd

Injure, disable, or kill police dog or horse.

11202

860.15(3)

3rd

Overcharging for repairs and parts.

11203

870.01(2)

3rd

Riot; inciting or encouraging.

11204

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).

11205

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.

11206

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.

11207

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

11208

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

11209

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

11210

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

11211

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

11212

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.

11213

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.

11214

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

11215

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.

11216

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

11217

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

11218

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

11219

985.721

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

11220

11221

Section 205. Paragraph (e) of subsection (6) of section

11222

932.7055, Florida Statutes, is amended to read:

11223

932.7055 Disposition of liens and forfeited property.--

11224

(6) If the seizing agency is a state agency, all remaining

11225

proceeds shall be deposited into the General Revenue Fund.

11226

However, if the seizing agency is:

11227

(e) The Fish and Wildlife Conservation Commission, the

11228

proceeds accrued pursuant to the provisions of the Florida

11229

Contraband Forfeiture Act shall be deposited into the State Game

11230

Trust Fund as provided in ss. 379.338, 379.339, and 379.3395

11231

~~372.73, 372.9901, and 372.9904~~, into the Marine Resources

11232

Conservation Trust Fund as provided in s. 379.337 ~~370.061, or~~

11233

~~into the commission's Federal Law Enforcement Trust Fund as~~

11234

~~provided in s. 372.107, as applicable~~.

11235

Section 206. Sections 370.081, 370.0821, 370.09, 370.1105,

11236

370.15, 370.154, 370.155, 372.001, 372.0225, 372.107, 372.27,

11237

372.667, 372.85, 372.98, 372.981, and 372.993, Florida Statutes,

11238

are repealed.

11239

Section 207. This act shall take effect July 1, 2008.

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