HB 7091

1	A bill to be entitled
2	An act relating to fish and wildlife conservation;
3	consolidating chapters 370 and 372, F.S., to create
4	chapter 379, F.S., entitled "Fish and Wildlife
5	Conservation"; creating part I of chapter 379, F.S.,
6	relating to general provisions; creating part II of
7	chapter 379, F.S., relating to marine life; creating part
8	III of chapter 379, F.S., relating to freshwater aquatic
9	life; creating part IV of chapter 379, F.S., relating to
10	wild animal life; creating part V of chapter 379, F.S.,
11	relating to law enforcement; creating part VI of chapter
12	379, F.S., relating to licenses for recreation activities;
13	creating part VII of chapter 379, F.S., relating to
14	nonrecreational licenses; creating part VIII of chapter
15	379, F.S., relating to penalties; renumbering, amending,
16	creating, and repealing various statutory provisions to
17	conform; renumbering and amending ss. 370.021, 370.06,
18	370.061, 370.063, 370.16, 370.22, 370.26, 370.028, 370.07,
19	370.08, 370.081, 370.11, 370.1107, 370.1121, 370.135,
20	370.14, 370.143, 370.1535, 370.1603, 370.31, 370.73,
21	372.07, 372.071, 372.0715, 372.0025, 372.023, 372.0725,
22	372.16, 372.26, 372.551, 372.561, 372.562, 372.65, 372.57,
23	372.5704, 372.5705, 372.571, 372.5711, 372.5714, 372.5717,
24	372.5718, 372.574, 372.58, 372.581, 372.59, 372.651,
25	372.653, 372.66, 372.661, 372.662, 372.663, 372.664,
26	372.6645, 372.665, 372.6671, 372.6672, 372.6673, 372.6674,
27	372.6678, 372.671, 372.673, 372.70, 372.701, 372.7015,
28	372.7016, 372.76, 372.761, 372.83, 372.84, 372.85, 372.86,
29	372.87, 372.88, 372.921, 372.922, 372.935, 372.988,
30	372.99, 372.9901, 372.99021, 372.99022, 372.9903,
31	372.9904, 372.9905, and 372.992, F.S.; correcting cross-
32	references; conforming provisions to changes made by this
33	act; renumbering and amending s. 370.12, F.S.; deleting an
34	obsolete provision relating to certain annual use fees;
35	correcting cross-references; renumbering and amending s.
36	370.13, F.S.; deleting an obsolete provision relating to
37	stone crab trap tag fees; correcting cross-references;
38	renumbering and amending s. 370.142, F.S.; deleting an
39	obsolete provision relating to spiny lobster trap tag
40	fees; correcting cross-references; renumbering and
41	amending s. 370.151, F.S.; deleting legislative intent
42	relating to shrimp beds; conforming provisions relating to
43	shrimping license violations; renumbering and amending s.
44	372.5701, F.S.; deleting provisions requiring an annual
45	legislative appropriation for specified activities and
46	programs; correcting cross-references; creating s.
47	379.3711, F.S.; establishing an annual license fee for
48	private game preserves and farms; providing for payment of
49	such fees to the commission; requiring proceeds to be
50	deposited in the State Game Trust Fund; creating 379.414,
51	F.S.; providing additional civil penalties for violations
52	of record requirements by saltwater products dealers;
53	requiring fees collected for such violations are deposited
54	in the Marine Resources Conservation Trust Fund;
55	specifying the use of such funds; amending ss. 72.011,
56	97.05831, 125.01, 142.01, 161.053, 201.15, 212.06, 212.08,
57	213.053, 215.20, 290.004, 320.08058, 327.02, 327.41,
58	327.73, 328.66, 328.72, 328.76, 373.046, 403.41315,
59	403.813, 597.010, 777.04, 810.09, 921.0022, and 932.7055,
60	F.S.; correcting cross-references to conform to changes
61	made by this act; repealing s. 370.0821, F.S., relating to
62	use of nets in St. Johns County to conform to changes made
63	by this act; repealing s. 370.09, F.S., relating to
64	industrial hazards and prohibited oil deposits discharge
65	to conform to changes made by this act; repealing s.
66	370.1105, F.S., relating to saltwater finfish trap
67	regulation to conform to changes made by this act;
68	repealing ss. 370.15 and 370.154, F.S., relating to shrimp
69	regulations to conform to changes made by this act;
70	repealing s. 370.155, F.S., relating to shrimp fishing to
71	conform to changes made by this act; repealing 372.001,
72	F.S., relating to wildlife definitions to conform to
73	changes made by this act; repealing s. 372.0225, F.S.,
74	relating to freshwater organisms to conform to changes
75	made by this act; repealing s. 372.107, F.S., relating to
76	the Fish and Wildlife Conservation Commission Federal Law
77	Enforcement Trust Fund to conform to changes made by this
78	act; repealing s. 372.27, F.S., relating to the
79	prohibition of fishing in Silver Springs and Rainbow
80	Springs to conform to changes made by this act; repealing
81	s. 372.667, F.S., relating to the unlawful feeding or
82	enticement of alligators or crocodiles to conform to
83	changes made by this act; repealing s. 372.98, F.S.,
84	relating to the possession of nutria to conform to changes
85	made by this act; repealing s. 372.981, F.S., relating to
86	the regulation of importation of caiman to conform to
87	changes made by this act; repealing s. 372.993, F.S.,
88	relating to land-based commercial and recreational fishing
89	activities to conform to changes made by this act;
90	providing an effective date.
91
92	WHEREAS, it is the intent of the Legislature that the
93	consolidation of chapters 370 and 372, Florida Statutes, into a
94	new chapter 379, Florida Statutes, shall not be construed as
95	creating, establishing, or implementing any substantive changes
96	to current law in either of the two chapters consolidated, and
97	WHEREAS, it is the intent of the Legislature that the
98	consolidation of chapters 370 and 372, Florida Statutes, into a
99	new chapter 379, Florida Statutes, shall not be construed as
100	expanding any constitutional authority of the Fish and Wildlife
101	Conservation Commission or as granting any additional
102	legislative authority to the Fish and Wildlife Conservation
103	Commission,  NOW, THEREFORE,
104
105	Be It Enacted by the Legislature of the State of Florida:
106
107	Section 1.  Chapter 379, Florida Statutes, is created and
108	entitled "Fish and Wildlife Conservation."
109	Section 2.  Part I of chapter 379, Florida Statutes,
110	consisting of sections 379.101, 379.102, 379.1025, 379.10255,
111	379.103, 379.104, 379.105, 379.106, 379.201, 379.202, 379.202,
112	379.203, 379.204, 379.205, 379.206, 379.207, 379.208, 379.209,
113	379.211, 379.2201, 379.2202, 379.2203, 379.2211, 379.2212,
114	379.2213, 379.2221, 379.2222, 379.2223, 379.2224, 379.2225,
115	379.223, 379.224, 379.2251, 379.2252, 379.2253, 379.2254,
116	379.2255, 379.2256, 379.2257, 379.2258, 379.2259, 379.226,
117	379.2271, 379.2272, 379.2281, 379.2282, 379.2291, 379.2292,
118	379.230, 379.231, 379.232, 379.233, 379.2341, 379.2342,
119	379.2351, 379.2352, 379.2353, 379.236, and 379.237, is created
120	to read:
121	PART I
122	GENERAL PROVISIONS
123
124	Section 3.  Section 370.01, Florida Statutes, is renumbered
125	as section 379.101, Florida Statutes, and amended to read:
126	379.101 370.01  Definitions.--In construing these statutes,
127	where the context does not clearly indicate otherwise, the word,
128	phrase, or term:
129	(1)  "Authorization" means a number issued by the Fish and
130	Wildlife Conservation Commission, or its authorized agent, which
131	serves in lieu of a license or permits and affords the privilege
132	purchased for a specified period of time.
133	(2)  "Beaches" and "shores" shall mean the coastal and
134	intracoastal shoreline of this state bordering upon the waters
135	of the Atlantic Ocean, the Gulf of Mexico, the Straits of
136	Florida, and any part thereof, and any other bodies of water
137	under the jurisdiction of the State of Florida, between the mean
138	high-water line and as far seaward as may be necessary to
139	effectively carry out the purposes of this act.
140	(3)  "Closed season" shall be that portion of the year
141	wherein the laws or rules of Florida forbid the taking of
142	particular species of game or varieties of fish.
143	(4)  "Coastal construction" includes any work or activity
144	which is likely to have a material physical effect on existing
145	coastal conditions or natural shore processes.
146	(5)  "Commercial harvester" means any person, firm, or
147	corporation that takes, harvests, or attempts to take or harvest
148	saltwater products for sale or with intent to sell; that is
149	operating under or is required to operate under a license or
150	permit or authorization issued pursuant to this chapter; that is
151	using gear that is prohibited for use in the harvest of
152	recreational amounts of any saltwater product being taken or
153	harvested; or that is harvesting any saltwater product in an
154	amount that is at least two times the recreational bag limit for
155	the saltwater product being taken or harvested.
156	(6)  "Commission" shall mean the Fish and Wildlife
157	Conservation Commission.
158	(7)  "Common carrier" shall include any person, firm, or
159	corporation, who undertakes for hire, as a regular business, to
160	transport persons or commodities from place to place offering
161	his or her services to all such as may choose to employ the
162	common carrier and pay his or her charges.
163	(8)  "Coon oysters" are oysters found growing in bunches
164	along the shore between high-water mark and low-water mark.
165	(9)  "Department" shall mean the Department of
166	Environmental Protection.
167	(10)  "Erosion control," "beach preservation," and
168	"hurricane protection" shall include any activity, work,
169	program, project, or other thing deemed necessary by the
170	Department of Environmental Protection to effectively preserve,
171	protect, restore, rehabilitate, stabilize, and improve the
172	beaches and shores of this state, as defined above.
173	(11)  "Exhibit" means to present or display upon request.
174	(12)  "Finfish" means any member of the classes Agnatha,
175	Chondrichthyes, or Osteichthyes.
176	(13)  "Fish and game" means all fresh and saltwater fish,
177	shellfish, crustacea, sponges, wild birds, and wild animals.
178	(14)  "Fish management area" means a pond, lake, or other
179	water within a county, or within several counties, designated to
180	improve fishing for public use, and established and specifically
181	circumscribed for authorized management by the commission and
182	the board of county commissioners of the county in which such
183	waters lie, under agreement between the commission and an owner
184	with approval by the board of county commissioners or under
185	agreement with the board of county commissioners for use of
186	public waters in the county in which such waters lie.
187	(15)  "Fish pond" means a body of water that does not occur
188	naturally and that has been constructed and is maintained
189	primarily for the purpose of fishing.
190	(16)(13)  "Food fish" shall include mullet, trout, redfish,
191	sheepshead, pompano, mackerel, bluefish, red snapper, grouper,
192	black drum, jack crevalle, and all other fish generally used for
193	human consumption.
194	(17)  "Fresh water," except where otherwise provided by
195	law, means all lakes, rivers, canals, and other waterways of
196	Florida, to such point or points where the fresh and salt waters
197	commingle to such an extent as to become unpalatable and unfit
198	for human consumption because of the saline content, or to such
199	point or points as may be fixed by order of the commission by
200	and with the consent of the board of county commissioners of the
201	county or counties to be affected by such order. The
202	Steinhatchee River shall be considered fresh water from its
203	source to mouth.
204	(18)  "Freshwater fish" means all classes of pisces that
205	are indigenous to fresh water.
206	(19)  "Fur-bearing animals" means muskrat, mink, raccoon,
207	otter, civet cat, skunk, red and gray fox, and opossum.
208	(20)  "Game" means deer, bear, squirrel, rabbits, and,
209	where designated by commission rules, wild hogs, ducks, geese,
210	rails, coots, gallinules, snipe, woodcock, wild turkeys, grouse,
211	pheasants, quail, and doves.
212	(21)(14)  "Guide" shall include any person engaged in the
213	business of guiding hunters or hunting parties, fishers or
214	fishing parties, for compensation.
215	(22)(15)  "Marine fish" means any saltwater species of
216	finfish of the classes Agnatha, Chondrichthyes, and
217	Osteichthyes, and marine invertebrates in the classes
218	Gastropoda, Bivalvia, and Crustacea, or the phylum
219	Echinodermata, but does not include nonliving shells or
220	Echinoderms.
221	(23)(16)  "Molest," in connection with any fishing trap or
222	its buoy or buoy line, means to touch, bother, disturb, or
223	interfere or tamper with, in any manner.
224	(24)(17)  A "natural oyster or clam reef" or "bed" or "bar"
225	shall be considered and defined as an area containing not less
226	than 100 square yards of the bottom where oysters or clams are
227	found in a stratum.
228	(25)  "Nongame" means all species and populations of
229	indigenous wild vertebrates and invertebrates in the state that
230	are not defined as game.
231	(26)(18)  "Nonresident alien" shall mean those individuals
232	from other nations who can provide documentation from the Bureau
233	of Citizenship and Immigration Services evidencing permanent
234	residency status in the United States. For the purposes of this
235	chapter, a "nonresident alien" shall be considered a
236	"nonresident."
237	(27)(19)  "Open season" shall be that portion of the year
238	wherein the laws of Florida for the preservation of fish and
239	game permit the taking of particular species of game or
240	varieties of fish.
241	(28)  "Private hunting preserve" includes any area set
242	aside by a private individual or concern on which artificially
243	propagated game or birds are taken.
244	(29)(20)  "Reef bunch oysters" are oysters found growing on
245	the bars or reefs in the open bay and exposed to the air between
246	high and low tide.
247	(30)(21)"Resident" or "resident of Florida" means includes:
248	(a)  For purposes of part VII of this chapter, with the
249	exception of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712,
250	379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761,
251	379.3762, and 379.377, and for purposes of s. 379.355, citizens
252	of the United States who have continuously resided in this
253	state, next preceding the making of their application for
254	hunting, fishing, or other license, for the following period of
255	time, to wit: For 1 year in the state and 6 months in the county
256	when applied to all fish and game laws not related to freshwater
257	fish and game.
258	(b)  For purposes of part VI of this chapter, with the
259	exception of s. 379.355, and for purposes of ss. 379.363,
260	379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373,
261	379.374, 379.3751, 379.3752, 379.3761, 379.3762, and 379.377,
262	any person who has continually resided in the state for 6 months
263	or any member of the United States Armed Forces who is stationed
264	in the state.
265	(31)(22)  "Resident alien" shall mean those persons who
266	have continuously resided in this state for at least 1 year and
267	6 months in the county and can provide documentation from the
268	Bureau of Citizenship and Immigration Services evidencing
269	permanent residency status in the United States. For the
270	purposes of this chapter, a "resident alien" shall be considered
271	a "resident."
272	(32)(23)  "Restricted species" means any species of
273	saltwater products which the state by law, or the Fish and
274	Wildlife Conservation Commission by rule, has found it necessary
275	to so designate. The term includes a species of saltwater
276	products designated by the commission as restricted within a
277	geographical area or during a particular time period of each
278	year. Designation as a restricted species does not confer the
279	authority to sell a species pursuant to s. 379.361 370.06 if the
280	law or rule prohibits the sale of the species.
281	(33)(24)  "Salt water," except where otherwise provided by
282	law, shall be all of the territorial waters of Florida excluding
283	all lakes, rivers, canals, and other waterways of Florida from
284	such point or points where the fresh and salt waters commingle
285	to such an extent as to become unpalatable because of the saline
286	content, or from such point or points as may be fixed for
287	conservation purposes by the Department of Environmental
288	Protection and the Fish and Wildlife Conservation Commission,
289	with the consent and advice of the board of county commissioners
290	of the county or counties to be affected.
291	(34)(25)  "Saltwater fish" means:
292	(a)  Any saltwater species of finfish of the classes
293	Agnatha, Chondrichthyes, or Osteichthyes and marine
294	invertebrates of the classes Gastropoda, Bivalvia, or Crustacea,
295	or of the phylum Echinodermata, but does not include nonliving
296	shells or echinoderms; and
297	(b)  Shall include All classes of pisces, shellfish,
298	sponges, and crustacea indigenous to salt water.
299	(35)(26)  "Saltwater license privileges," except where
300	otherwise provided by law, means any license, endorsement,
301	certificate, or permit issued pursuant to this chapter.
302	(36)(27)  "Saltwater products" means any species of
303	saltwater fish, marine plant, or echinoderm, except shells, and
304	salted, cured, canned, or smoked seafood.
305	(37)(28)  "Shellfish" shall include oysters, clams, and
306	whelks.
307	(38)  "Take" means taking, attempting to take, pursuing,
308	hunting, molesting, capturing, or killing any wildlife or
309	freshwater or saltwater fish, or their nests or eggs, by any
310	means, whether or not such actions result in obtaining
311	possession of such wildlife or freshwater or saltwater fish or
312	their nests or eggs.
313	(39)(29)  "Transport" shall include shipping, transporting,
314	carrying, importing, exporting, receiving or delivering for
315	shipment, transportation or carriage or export.
316	Section 4.  Section 372.01, Florida Statutes, is renumbered
317	as section 379.102, Florida Statutes, to read:
318	379.102 372.01  Fish and Wildlife Conservation
319	Commission.--
320	(1)  The Fish and Wildlife Conservation Commission shall
321	consist of seven members who shall be appointed by the Governor,
322	subject to confirmation by the Senate, for staggered terms of 5
323	years.
324	(2)  Members so appointed shall annually select one of
325	their members as chair. Such chair may be removed at any time
326	for sufficient cause, by the affirmative vote of the majority of
327	the members of the commission. In case the said office of chair
328	becomes vacant by removal or otherwise, the same may be filled
329	for the unexpired term at any time by the commission from its
330	members.
331	(3)  Commission members shall receive no compensation for
332	their services as such, but shall be reimbursed for travel
333	expenses as provided in s. 112.061.
334	Section 5.  Section 372.021, Florida Statutes, is
335	renumbered as section 379.1025, Florida Statutes, to read:
336	379.1025 372.021  Powers, duties, and authority of
337	commission; rules, regulations, and orders.--The Fish and
338	Wildlife Conservation Commission may exercise the powers,
339	duties, and authority granted by s. 9, Art. IV of the
340	Constitution of Florida, and as otherwise authorized by the
341	Legislature by the adoption of rules, regulations, and orders in
342	accordance with chapter 120.
343	Section 6.  Section 372.03, Florida Statutes, is renumbered
344	as section 379.10255, Florida Statutes, to read:
345	379.10255 372.03  Headquarters of commission.--The Fish and
346	Wildlife Conservation Commission is located at the state
347	capital, and, when suitable adequate office space cannot be
348	provided in the State Capitol Building, or other buildings owned
349	by the state, the commission may rent or lease suitable office
350	space in Tallahassee. Said commission may also rent or lease
351	suitable and adequate space in other cities and towns of the
352	state for branch or division offices and headquarters and
353	storerooms for equipment and supplies, as the business of the
354	commission may require or necessitate, payment for said rented
355	or leased premises to be made from the State Game Trust Fund.
356	Section 7.  Section 372.05, Florida Statutes, is renumbered
357	as section 379.103, Florida Statutes, to read:
358	379.103 372.05  Duties of executive director.--The
359	executive director of the Fish and Wildlife Conservation
360	Commission shall:
361	(1)  Keep full and correct minutes of the proceedings of
362	said commission at its meetings, which minutes shall be open for
363	public inspection.
364	(2)  Purchase such supplies and employ such help and
365	assistants as may be reasonably necessary in the performance of
366	the executive director's duties.
367	(3)  Have full authority to represent the commission in its
368	dealings with other state departments, county commissioners, and
369	the federal government.
370	(4)  Appoint, fix salaries of, and at pleasure remove,
371	subject to the approval of the commission, assistants and other
372	employees who shall have such powers and duties as may be
373	assigned to them by the commission or executive director.
374	(5)  Have such other powers and duties as may be prescribed
375	by the commission in pursuance of its duties under s. 9, Art. IV
376	of the State Constitution.
377	Section 8.  Section 372.002, Florida Statutes, is
378	renumbered as section 379.104, Florida Statutes, to read:
379	379.104 372.002  Right to hunt and fish.--The Legislature
380	recognizes that hunting, fishing, and the taking of game are a
381	valued part of the cultural heritage of Florida and should be
382	forever preserved for Floridians. The Legislature further
383	recognizes that these activities play an important part in the
384	state's economy and in the conservation, preservation, and
385	management of the state's natural areas and resources.
386	Therefore, the Legislature intends that the citizens of Florida
387	have a right to hunt, fish, and take game, subject to the
388	regulations and restrictions prescribed by general law and by s.
389	9, Art. IV of the State Constitution.
390	Section 9.  Section 372.705, Florida Statutes, is
391	renumbered as section 379.105, Florida Statutes, and amended to
392	read:
393	379.105 372.705  Harassment of hunters, trappers, or
394	fishers.--
395	(1)  A person may not intentionally, within a publicly or
396	privately owned wildlife management or fish management area or
397	on any state-owned water body:
398	(a)  Interfere with or attempt to prevent the lawful taking
399	of fish, game, or nongame animals by another.
400	(b)  Attempt to disturb fish, game, or nongame animals or
401	attempt to affect their behavior with the intent to prevent
402	their lawful taking by another.
403	(2)  Any person who violates this section commits a Level
404	Two violation under s. 379.401 372.83.
405	Section 10.  Section 370.023, Florida Statutes, is
406	renumbered as section 379.106, Florida Statutes, to read:
407	379.106 370.023  Administration of commission grant
408	programs.--
409	(1)  The Fish and Wildlife Conservation Commission is
410	authorized to establish grant programs that are consistent with
411	statutory authority and legislative appropriations. The
412	commission is further authorized to receive funds from any legal
413	source for purposes of matching state dollars or for passing
414	through the agency as grants to other entities whether or not
415	matching funds or in-kind matches are required.
416	(2)  For any grant program established by the commission,
417	the commission shall adopt rules, pursuant to the requirements
418	of chapter 120, for each grant program which shall include, but
419	are not limited to: the method or methods of payment; the
420	supporting documents required before payment will be made; when
421	matching funds or in-kind matches are allowed; what moneys,
422	services, or other sources and amounts of matching funds or in-
423	kind matches will be eligible for use for matching the grant by
424	the commission; who is eligible to participate in the program;
425	and other provisions that the commission finds necessary to
426	achieve program objectives and an accounting for state funds in
427	accordance with law and generally accepted accounting
428	principles.
429	(3)  The commission is authorized to preaudit or postaudit
430	account books and other documentation of a grant recipient to
431	assure that grant funds have been used in accordance with the
432	terms of the grant and state rules and statutes. When such audit
433	reveals that moneys have not been spent in accordance with grant
434	requirements, the commission may withhold moneys or recover
435	moneys previously paid. A grant recipient will be allowed a
436	maximum of 60 days to submit any additional pertinent
437	documentation to offset the amount identified as being due the
438	commission.
439	Section 11.  Section 372.101, Florida Statutes, is
440	renumbered as section 379.201, Florida Statutes, to read:
441	379.201 372.101  Administrative Trust Fund.--
442	(1)  The Administrative Trust Fund is created within the
443	Fish and Wildlife Conservation Commission.
444	(2)  The fund is established for use as a depository for
445	funds to be used for management activities that are
446	commissionwide in nature and funded by indirect cost earnings or
447	assessments against trust funds. Moneys to be credited to the
448	trust fund include indirect cost reimbursements from grantors,
449	administrative assessments against trust funds, interest
450	earnings, and other appropriate administrative fees.
451	(3)  In accordance with s. 19(f)(2), Art. III of the State
452	Constitution, the Administrative Trust Fund shall, unless
453	terminated sooner, be terminated on July 1, 2009. Before its
454	scheduled termination, the trust fund shall be reviewed as
455	provided in s. 215.3206(1) and (2).
456	Section 12.  Section 372.127, Florida Statutes, is
457	renumbered as section 379.202, Florida Statutes, to read:
458	379.202 372.127  Conservation and Recreation Lands Program
459	Trust Fund of the Fish and Wildlife Conservation Commission.--
460	(1)  There is created a Conservation and Recreation Lands
461	Program Trust Fund within the Fish and Wildlife Conservation
462	Commission. The purpose of the trust fund is to provide for the
463	management of conservation and recreation lands by the
464	commission. Funds may be appropriated to the trust fund from the
465	Conservation and Recreation Lands Trust Fund in the Department
466	of Environmental Protection, as created by s. 259.032(2), or
467	from such other sources as the Legislature may determine.
468	(2)  Notwithstanding the provisions of s. 216.301 and
469	pursuant to s. 216.351, any balance in the trust fund at the end
470	of any fiscal year shall remain in the trust fund at the end of
471	the year and shall be available for carrying out the purposes of
472	the trust fund.
473	Section 13.  Section 372.106, Florida Statutes, is
474	renumbered as section 379.203, Florida Statutes, and amended to
475	read:
476	379.203 372.106  Dedicated License Trust Fund.--
477	(1)  There is established within the Fish and Wildlife
478	Conservation Commission the Dedicated License Trust Fund. The
479	fund shall be credited with moneys collected pursuant to s.
480	379.354 372.57 for 5-year licenses and permits and replacement
481	5-year licenses.
482	(2)(a)  One-fifth of the total proceeds from the sale of 5-
483	year hunting and freshwater fishing licenses, permits, and
484	replacement licenses, and all interest derived therefrom, shall
485	be appropriated annually to the State Game Trust Fund.
486	(b)  One-fifth of the total proceeds from the sale of 5-
487	year saltwater fishing licenses, permits, and replacement
488	licenses, and all interest derived therefrom, shall be
489	appropriated annually to the Marine Resources Conservation Trust
490	Fund.
491	(3)  The fund shall be exempt from the provisions of s.
492	215.20.
493	Section 14.  Section 372.102, Florida Statutes, is
494	renumbered as section 379.204, Florida Statutes, to read:
495	379.204 372.102  Federal Grants Trust Fund.--
496	(1)  The Federal Grants Trust Fund is created within the
497	Fish and Wildlife Conservation Commission.
498	(2)  The fund is established for use as a depository for
499	funds to be used for allowable grant activities funded by
500	restricted program revenues. Moneys to be credited to the trust
501	fund shall consist of grants and funding from the Federal
502	Government, interest earnings, and cash advances from other
503	trust funds.
504	(3)  In accordance with s. 19(f)(2), Art. III of the State
505	Constitution, the Federal Grants Trust Fund shall, unless
506	terminated sooner, be terminated on July 1, 2009. Before its
507	scheduled termination, the trust fund shall be reviewed as
508	provided in s. 215.3206(1) and (2).
509	Section 15.  Section 372.672, Florida Statutes, is
510	renumbered as section 379.205, Florida Statutes, to read:
511	379.205 372.672  Florida Panther Research and Management
512	Trust Fund.--
513	(1)  There is established within the Fish and Wildlife
514	Conservation Commission the Florida Panther Research and
515	Management Trust Fund to be used exclusively for the purposes of
516	this section.
517	(2)  Money from the fund shall be spent only for the
518	following purposes:
519	(a)  To manage and protect existing Florida panther
520	populations by increasing panther food sources where food is a
521	limiting factor, determining conflicts between public use and
522	panther survival, maintaining sufficient genetic variability in
523	existing populations, and undertaking management and enforcement
524	activities that protect panther habitat.
525	(b)  To educate the public concerning the value of the
526	panther and the necessity for panther management.
527	(c)  To reestablish Florida panthers into areas of suitable
528	habitat, where feasible, by assessing the necessity of a captive
529	breeding program for purposes of reintroduction of the panthers
530	into the suitable habitat; selecting potential sites for
531	reintroduction and investigating associated human sociological
532	aspects; and assessing the potential for panther habitat
533	acquisition.
534	(d)  To promote and market the Florida panther license
535	plate authorized under s. 320.08058.
536	(3)  The Fish and Wildlife Conservation Commission is
537	authorized to receive donations for deposit into the Florida
538	Panther Research and Management Trust Fund.
539	Section 16.  Section 372.103, Florida Statutes, is
540	renumbered as section 379.206, Florida Statutes, to read:
541	379.206 372.103  Grants and Donations Trust Fund.--
542	(1)  The Grants and Donations Trust Fund is created within
543	the Fish and Wildlife Conservation Commission.
544	(2)  The fund is established for use as a depository for
545	funds to be used for allowable grant and donor agreement
546	activities funded by restricted contractual revenue. Moneys to
547	be credited to the trust fund shall consist of grants and
548	donations from private and public nonfederal sources, interest
549	earnings, and cash advances from other trust funds.
550	(3)  In accordance with s. 19(f)(2), Art. III of the State
551	Constitution, the Grants and Donations Trust Fund shall, unless
552	terminated sooner, be terminated on July 1, 2009. Before its
553	scheduled termination, the trust fund shall be reviewed as
554	provided in s. 215.3206(1) and (2).
555	Section 17.  Section 372.105, Florida Statutes, is
556	renumbered as section 379.207, Florida Statutes, and amended to
557	read:
558	379.207 372.105  Lifetime Fish and Wildlife Trust Fund.--
559	(1)  There is established within the Fish and Wildlife
560	Conservation Commission the Lifetime Fish and Wildlife Trust
561	Fund to be used for the purpose of supporting fish and wildlife
562	conservation programs of the state in accordance with this
563	section.
564	(2)  The principal of the fund shall be derived from the
565	following:
566	(a)  Proceeds of any gifts, grants, and contributions to
567	the state which are specifically designated for inclusion in the
568	fund.
569	(b)  Proceeds from the sale of lifetime licenses issued in
570	accordance with s. 379.354 372.57.
571	(3)  The fund is declared to constitute a special trust
572	derived from a contractual relationship between the state and
573	the members of the public whose investments contribute to the
574	fund. In recognition of such special trust, the following
575	limitations and restrictions are placed on expenditures from the
576	funds:
577	(a)  No expenditure or disbursement shall be made from the
578	principal of the fund.
579	(b)  The interest income received and accruing from the
580	investments of proceeds from the sale of lifetime freshwater
581	fishing licenses and lifetime hunting licenses shall be spent in
582	furtherance of the commission's management, protection, and
583	conservation of wild animal life and freshwater aquatic life as
584	set forth in s. 9, Art. IV of the State Constitution and this
585	chapter and as otherwise authorized by the Legislature.
586	(c)  The interest income received and accruing from the
587	investments of proceeds from the sale of lifetime saltwater
588	fishing licenses shall be expended for marine law enforcement,
589	marine research, and marine fishery enhancement.
590	(d)  No expenditures or disbursements from the interest
591	income derived from the sale of lifetime licenses shall be made
592	for any purpose until the respective holders of such licenses
593	attain the age of 16 years. The Fish and Wildlife Conservation
594	Commission as administrator of the fund shall determine
595	actuarially on an annual basis the amounts of interest income
596	within the fund which may be disbursed pursuant to this
597	paragraph. The director shall cause deposits of proceeds from
598	the sale of lifetime licenses to be identifiable by the ages of
599	the license recipients.
600	(e)  Any limitations or restrictions specified by the
601	donors on the uses of the interest income derived from gifts,
602	grants, and voluntary contributions shall be respected but shall
603	not be binding.
604	(f)  The fund shall be exempt from the provisions of s.
605	215.20.
606	(4)  In the event of a future dissolution or reorganization
607	of the Fish and Wildlife Conservation Commission, any state
608	agency which succeeds the commission or assumes its
609	constitutional or statutory responsibilities shall, through its
610	agency head acting ex officio, assume the trusteeship of the
611	fund and shall be bound by all the limitations and restrictions
612	placed by this section on expenditures from the fund. No repeal
613	or modification of this chapter or s. 9, Art. IV of the State
614	Constitution shall alter the fundamental purposes to which the
615	fund may be applied. No dissolution or reorganization of the
616	Fish and Wildlife Conservation Commission shall invalidate any
617	lifetime license issued in accordance with this section.
618	Section 18.  Section 370.0603, Florida Statutes, is
619	renumbered as section 379.208, Florida Statutes, and amended to
620	read:
621	379.208 370.0603  Marine Resources Conservation Trust Fund;
622	purposes.--
623	(1)  The Marine Resources Conservation Trust Fund within
624	the Fish and Wildlife Conservation Commission shall serve as a
625	broad-based depository for funds from various marine-related and
626	boating-related activities and shall be administered by the
627	commission for the purposes of:
628	(a)  Funding for marine research.
629	(b)  Funding for fishery enhancement, including, but not
630	limited to, fishery statistics development, artificial reefs,
631	and fish hatcheries.
632	(c)  Funding for marine law enforcement.
633	(d)  Funding for administration of licensing programs for
634	recreational fishing, saltwater products sales, and related
635	information and education activities.
636	(e)  Funding for the operations of the Fish and Wildlife
637	Conservation Commission.
638	(f)  Funding for titling and registration of vessels.
639	(g)  Funding for marine turtle protection, research, and
640	recovery activities from revenues that are specifically credited
641	to the trust fund for these purposes.
642	(h)  Funding activities for rehabilitation of oyster
643	harvesting areas from which special oyster surcharge fees are
644	collected, including relaying and transplanting live oysters.
645	(i)  Funding for boating research, boating-related programs
646	and activities, and for law enforcement on state waters.
647	(j)  Funding for the stone crab trap reduction program
648	under s. 379.365 370.13, the blue crab effort management program
649	under s. 379.366 370.135, the spiny lobster trap certificate
650	program under s. 379.3671 370.142, and the trap retrieval
651	program under s. 379.2424 370.143.
652	(2)  The Marine Resources Conservation Trust Fund shall
653	receive the proceeds from:
654	(a)  All license fees collected pursuant to ss. 379.361 and
655	379.362 370.06 and 370.07.
656	(b)  All funds collected from the registration of vessels
657	and other fees pursuant to s. 328.72.
658	(c)  All fees collected under ss. 379.2424, 379.355,
659	379.357, 379.365, 379.3671, and 379.366 370.063, 370.13,
660	370.135, 370.142, 370.143, and 372.5704.
661	(d)  All fines and penalties under ss. 379.365, 379.366
662	379.3671, and 379.407 370.021, 370.13, 370.135, and 370.142.
663	(e)  Other revenues as provided by law.
664	(3)  Funds provided to the Marine Resources Conservation
665	Trust Fund from taxes distributed under s. 201.15(11) shall be
666	used for the following purposes:
667	(a)  To reimburse the cost of activities authorized
668	pursuant to the Fish and Wildlife Service of the United States
669	Department of the Interior. Such facilities must be involved in
670	the actual rescue and full-time acute care veterinarian-based
671	rehabilitation of manatees. The cost of activities includes, but
672	is not limited to, costs associated with expansion, capital
673	outlay, repair, maintenance, and operation related to the
674	rescue, treatment, stabilization, maintenance, release, and
675	monitoring of manatees. Moneys distributed through the
676	contractual agreement to each facility for manatee
677	rehabilitation must be proportionate to the number of manatees
678	under acute care rehabilitation; the number of maintenance days
679	medically necessary in the facility; and the number released
680	during the previous fiscal year. The commission may set a cap on
681	the total amount reimbursed per manatee per year.
682	(b)  For training on the care, treatment, and
683	rehabilitation of marine mammals at the Whitney Laboratory and
684	the College of Veterinary Medicine at the University of Florida.
685	(c)  For program administration costs of the agency.
686	(d)  Funds not distributed in any 1 fiscal year must be
687	carried over for distribution in subsequent years.
688	(4)  Funds transferred to the Marine Resources Conservation
689	Trust Fund from the Fuel Tax Collection Trust Fund pursuant to
690	s. 206.606 shall be used for the following purposes:
691	(a)  To provide additional water-related law enforcement
692	positions within the Fish and Wildlife Conservation Commission
693	primarily for the purpose of enforcing laws designed to protect
694	manatee populations. Law enforcement positions funded under this
695	provision shall be assigned to counties having the highest
696	incidence of manatee deaths and injuries.
697	(b)  For the placement of uniform waterway markers on state
698	waters.
699	(c)  To provide funding for construction and maintenance of
700	publicly owned boat ramps, piers, and docks, directly and
701	through grants to counties and municipalities.
702	(d)  To implement and administer programs related to
703	boating safety and education, manatee technical avoidance
704	technology, and economic development initiatives to promote
705	boating in the state, including competitive grants programs as
706	provided in s. 327.47.
707	(e)  For other activities of the Boating and Waterways
708	Section such as coordinating the submission of state comments on
709	boating-related events.
710
711	Funds not used in one fiscal year must be carried over for use
712	in subsequent years.
713	Section 19.  Section 372.991, Florida Statutes, is
714	renumbered as section 379.209, Florida Statutes, to read:
715	379.209 372.991  Nongame Wildlife Trust Fund.--
716	(1)  The Legislature recognizes the value of maintaining
717	ecologically healthy and stable populations of a wide diversity
718	of fish and wildlife species and recognizes the need for
719	monitoring, research, management, and public awareness of all
720	wildlife species in order to guarantee that self-sustaining
721	populations be conserved. The Legislature further recognizes
722	that research and management for game species traditionally have
723	been supported by licenses and fees collected by the Fish and
724	Wildlife Conservation Commission for consumptive uses of
725	wildlife and that no such support mechanism is available for
726	species not commonly pursued for sport or profit. It is the
727	intent of the Legislature that the funds provided herein be
728	spent to identify and meet the needs of nongame wildlife as a
729	first priority with the ultimate goal of establishing an
730	integrated approach to the management and conservation of all
731	native fish, wildlife, and plants.
732	(2)(a)  There is established within the Fish and Wildlife
733	Conservation Commission the Nongame Wildlife Trust Fund. The
734	fund shall be credited with moneys collected pursuant to ss.
735	319.32(3) and 320.02(8). Additional funds may be provided from
736	legislative appropriations and by donations from interested
737	individuals and organizations. The commission shall designate an
738	identifiable unit to administer the trust fund.
739	(b)  Proceeds from the trust fund shall be used for the
740	following purposes:
741	1.  Documentation of population trends of nongame wildlife
742	and assessment of wildlife habitat, in coordination with the
743	database of Florida natural areas inventory.
744	2.  Establishment of effective conservation, management,
745	and regulatory programs for nongame wildlife of the state.
746	3.  Public education programs.
747	(3)  The commission may enter into cooperative agreements
748	or memoranda of understanding with related agencies to
749	coordinate nongame programs.
750	Section 20.  Section 372.09, Florida Statutes, is
751	renumbered as section 379.211, Florida Statutes, to read:
752	379.211 372.09  State Game Trust Fund.--The funds resulting
753	from the operation of the commission and from the administration
754	of the laws and regulations pertaining to birds, game, fur-
755	bearing animals, freshwater fish, reptiles, and amphibians,
756	together with any other funds specifically provided for such
757	purposes shall constitute the State Game Trust Fund and shall be
758	used by the commission as it shall deem fit in carrying out the
759	provisions hereof and for no other purposes, except that annual
760	use fees deposited into the trust fund from the sale of the
761	Largemouth Bass license plate may be expended for the purposes
762	provided under s. 320.08058(18). The commission may not obligate
763	itself beyond the current resources of the State Game Trust Fund
764	unless specifically so authorized by the Legislature.
765	Section 21.  Section 372.074, Florida Statutes, is
766	renumbered as section 379.212, Florida Statutes, to read:
767	379.212 372.074  Fish and Wildlife Habitat Program.--
768	(1)(a)  There is established within the Fish and Wildlife
769	Conservation Commission the Fish and Wildlife Habitat Program
770	for the purpose of acquiring, assisting other agencies or local
771	governments in acquiring, or managing lands important to the
772	conservation of fish and wildlife.
773	(b)  The Fish and Wildlife Conservation Commission or its
774	designee shall manage such lands for the primary purpose of
775	maintaining and enhancing their habitat value for fish and
776	wildlife. Other uses may be allowed that are not contrary to
777	this purpose.
778	(c)  Where acquisition pursuant to this section will result
779	in state ownership of land, title shall be vested in the Board
780	of Trustees of the Internal Improvement Trust Fund as required
781	in chapter 253. Land acquisition pursuant to this section shall
782	be voluntary, negotiated acquisition and, where title is to be
783	vested in the Board of Trustees of the Internal Improvement
784	Trust Fund, is subject to the acquisition procedures of s.
785	253.025.
786	(d)  Acquisition costs shall include purchase prices and
787	costs and fees associated with title work, surveys, and
788	appraisals required to complete an acquisition.
789	(2)  Moneys which may be deposited into the Land
790	Acquisition Trust Fund for the purposes of this section may
791	include, but not be limited to, donations, grants, development-
792	of-regional-impact wildlife mitigation contributions, or
793	legislative appropriations. Preservation 2000 acquisition moneys
794	and Conservation and Recreation Lands management moneys shall
795	not be deposited into this fund.
796	Section 22.  Section 372.5701, Florida Statutes, is
797	renumbered as section 379.2201, Florida Statutes, and amended to
798	read:
799	379.2201 372.5701  Deposit of license fees; allocation of
800	federal funds.--
801	(1)  Except as provided in ss. 379.203 and 379.207 372.105
802	and 372.106, all saltwater license and permit fees collected
803	pursuant to s. 379.354 372.57 shall be deposited into the Marine
804	Resources Conservation Trust Fund, to be used as follows:
805	(a)  Not more than 7.5 percent of the total fees collected
806	shall be used for administration of the licensing program and
807	for information and education.
808	(b)  Not less than 30 percent of the total fees collected
809	shall be used for law enforcement.
810	(c)  Not less than 32.5 percent of the total fees collected
811	shall be used for marine research and management.
812	(d)  Not less than 30 percent of the total fees collected,
813	for fishery enhancement, including, but not limited to, fishery
814	statistics development, artificial reefs, and fish hatcheries.
815	(2)  The proceeds from recreational saltwater fishing
816	license fees paid by fishers shall only be appropriated to the
817	commission.
818	(3)  Funds available from the Wallop-Breaux Aquatic
819	Resources Trust Fund shall be distributed by the commission
820	between freshwater fisheries management and research and marine
821	fisheries management and research in proportion to the numbers
822	of resident fresh and saltwater anglers as determined by the
823	most current data on license sales. Unless otherwise provided by
824	federal law, the commission, at a minimum, shall provide the
825	following:
826	(a)  Not less than 5 percent or more than 10 percent of the
827	funds allocated to the commission shall be expended for an
828	aquatic resources education program; and
829	(b)  Not less than 10 percent of the funds allocated to the
830	commission shall be expended for acquisition, development,
831	renovation, or improvement of boating facilities.
832	Section 23.  Section 372.5702, Florida Statutes, is
833	renumbered as section 379.2202, Florida Statutes, and amended to
834	read:
835	379.2202 372.5702  Expenditure of funds.--Any moneys
836	available pursuant to s. 379.2201(1)(c) 372.5701(1)(c) may be
837	expended by the commission within Florida through grants and
838	contracts for research with research institutions including but
839	not limited to: Florida Sea Grant; Florida Marine Resources
840	Council; Harbour Branch Oceanographic Institute; Technological
841	Research and Development Authority; Fish and Wildlife Research
842	Institute of the Fish and Wildlife Conservation Commission; Mote
843	Marine Laboratory; Marine Resources Development Foundation;
844	Florida Institute of Oceanography; Rosentiel School of Marine
845	and Atmospheric Science; and Smithsonian Marine Station at Ft.
846	Pierce.
847	Section 24.  Section 372.72, Florida Statutes, is
848	renumbered as section 379.2203, Florida Statutes, and amended to
849	read:
850	379.2203 372.72  Disposition of fines, penalties, and
851	forfeitures.--
852	(1)  All moneys collected from fines, penalties, proceeds
853	from unclaimed bonds, or forfeitures of bail of persons
854	convicted under this chapter shall be deposited in the fine and
855	forfeiture fund established pursuant to s. 142.01 where such
856	convictions are had, except for the disposition of moneys as
857	provided in subsection (2).
858	(2)  All moneys collected from fines, penalties, or
859	forfeitures of bail of persons convicted of violations of rules,
860	regulations, or orders of the Fish and Wildlife Conservation
861	Commission concerning endangered or threatened species or of
862	violation of s. 379.3014, s. 379.409, or s. 379.4115 s. 372.662,
863	s. 372.663, s. 372.667, or s. 372.671 shall be remitted by the
864	clerk of the court to the Department of Revenue to be deposited
865	in the Nongame Wildlife Trust Fund.
866	Section 25.  Section 372.5712, Florida Statutes, is
867	renumbered as section 379.2211, Florida Statutes, and amended to
868	read:
869	379.2211 372.5712  Florida waterfowl permit revenues.--
870	(1)  The commission shall expend the revenues generated
871	from the sale of the Florida waterfowl permit as provided in s.
872	379.354(8)(a) 372.57(8)(a) or that pro rata portion of any
873	license that includes waterfowl hunting privileges, as provided
874	in s. 379.354(4)(h), (i), and (j) and (9)(a)3. 372.57(4)(h),
875	(i), and (j) and (9)(a)3. as follows: A maximum of 5 percent of
876	the gross revenues shall be expended for administrative costs; a
877	maximum of 25 percent of the gross revenues shall be expended
878	for waterfowl research approved by the commission; and a maximum
879	of 70 percent of the gross revenues shall be expended for
880	projects approved by the commission, in consultation with the
881	Waterfowl Advisory Council, for the purpose of protecting and
882	propagating migratory waterfowl and for the development,
883	restoration, maintenance, and preservation of wetlands within
884	the state.
885	(2)  The intent of this section is to expand waterfowl
886	research and management and increase waterfowl populations in
887	the state without detracting from other programs. The commission
888	shall prepare an annual report documenting the use of funds
889	generated under the provisions of this section, to be submitted
890	to the Governor, the Speaker of the House of Representatives,
891	and the President of the Senate on or before September 1 of each
892	year.
893	Section 26.  Section 372.5715, Florida Statutes, is
894	renumbered as section 379.2212, Florida Statutes, and amended to
895	read:
896	379.2212 372.5715  Florida wild turkey permit revenues.--
897	(1)  The commission shall expend the revenues generated
898	from the sale of the turkey permit as provided for in s.
899	379.354(8)(b) 372.57(8)(b) or that pro rata portion of any
900	license that includes turkey hunting privileges as provided for
901	in s. 379.354(4)(h), (i), and (j) 372.57(4)(h), (i), and (j) for
902	research and management of wild turkeys.
903	(2)  The intent of this section is to expand wild turkey
904	research and management and to increase wild turkey populations
905	in the state without detracting from other programs. The
906	commission shall prepare an annual report documenting the use of
907	funds generated under the provisions of this section, to be
908	submitted to the Governor, the Speaker of the House of
909	Representatives, and the President of the Senate on or before
910	September 1 of each year.
911	Section 27.  Section 372.573, Florida Statutes, is
912	renumbered as section 379.2213, Florida Statutes, and amended to
913	read:
914	379.2213 372.573  Management area permit revenues.--The
915	commission shall expend the revenue generated from the sale of
916	the management area permit as provided for in s. 379.354(8)(g)
917	372.57(8)(g) or that pro rata portion of any license that
918	includes management area privileges as provided for in s.
919	379.354(4)(h), (i), and (j) 372.57(4)(h), (i), and (j) for the
920	lease, management, and protection of lands for public hunting,
921	fishing, and other outdoor recreation.
922	Section 28.  Section 372.12, Florida Statutes, is
923	renumbered as section 379.2222, Florida Statutes, to read:
924	379.2222 372.12  Acquisition of state game lands.--The Fish
925	and Wildlife Conservation Commission, with the approval of the
926	Governor, may acquire, in the name of the state, lands and
927	waters suitable for the protection and propagation of game,
928	fish, nongame birds, or fur-bearing animals, or for hunting
929	purposes, game farms, by purchase, lease, gift or otherwise to
930	be known as state game lands. The said commission may erect such
931	buildings and fences as may be deemed necessary to properly
932	maintain and protect such lands, or for propagation of game,
933	nongame birds, freshwater fish, or fur-bearing animals. The
934	title of land acquired by purchase, lease, gift or otherwise,
935	shall be approved by the Department of Legal Affairs. The deed
936	to such lands shall be deposited as are deeds to other state
937	lands. No property acquired under this section shall be exempt
938	from state, county, or district taxation.
939	Section 29.  Section 372.121, Florida Statutes, is
940	renumbered as section 379.2223, Florida Statutes, to read:
941	379.2223 372.121  Control and management of state game
942	lands.--
943	(1)  The Fish and Wildlife Conservation Commission is
944	authorized to make, adopt, promulgate, amend, repeal, and
945	enforce all reasonable rules and regulations necessary for the
946	protection, control, operation, management, or development of
947	lands or waters owned by, leased by, or otherwise assigned to,
948	the commission for fish or wildlife management purposes,
949	including but not being limited to the right of ingress and
950	egress. Before any such rule or regulation is adopted, other
951	than one relating to wild animal life, marine life, or
952	freshwater aquatic life, the commission shall obtain the consent
953	and agreement, in writing, of the owner, in the case of
954	privately owned lands or waters, or the owner or primary
955	custodian, in the case of public lands or waters.
956	(2)  Any person violating or otherwise failing to comply
957	with any rule or regulation so adopted commits a misdemeanor of
958	the second degree, punishable as provided in s. 775.082 or s.
959	775.083.
960	Section 30.  Section 372.19, Florida Statutes, is
961	renumbered as section 379.2224, Florida Statutes, to read:
962	379.2224 372.19  Preserves, refuges, etc., not tax-
963	exempt.--No property acquired by purchase, lease, gift, contract
964	to purchase or lease, or otherwise, under the provisions of this
965	chapter, as state game lands, or any private lands used as game
966	refuges, shooting grounds, privileges, hatcheries or breeding
967	grounds for fish, game, birds or fur-bearing animals, except
968	state-owned lands being used for the protection of game, fish or
969	fur-bearing animals under the provisions of this chapter, shall
970	be exempt from state, county or district taxation. Any contract,
971	lease, gift or purchase of land for such purposes which attempts
972	to exempt or partially exempt such property from taxation shall
973	be null and void and of no effect.
974	Section 31.  Section 372.025, Florida Statutes, is
975	renumbered as section 379.2225, Florida Statutes, to read:
976	379.2225 372.025  Everglades recreational sites;
977	definitions.--
978	(1)  PURPOSE.--It is the intent of the Legislature to
979	provide for the development and management of recreational sites
980	in the water conservation areas of the Florida Everglades when
981	such development:
982	(a)  Can be accomplished without endangering the water
983	quality and quantity of supply and where environmental impact
984	will be minimal.
985	(b)  Is located on the exterior fringes of the Everglades
986	to discourage extensive uncontrolled use of the interior
987	regions.
988	(c)  Is located where convenient access is possible for the
989	millions of Floridians living in urban areas.
990	(d)  Offers recreational potential for nature trails, bird
991	study, picnic areas, boating, fishing, hunting, and target
992	shooting.
993	(e)  Is located where proper management and law enforcement
994	can be provided.
995	(2)  DEFINITIONS.--As used in this section:
996	(a)  "Commission" means the Fish and Wildlife Conservation
997	Commission.
998	(b)  "Indian reservations" means lands as designated by
999	chapter 285.
1000	(c)  "Development of recreational sites" means any
1001	improvements to existing facilities or sites and also such new
1002	selection and improvements as are needed for the various
1003	recreational activities as herein provided.
1004	(3)  RECREATIONAL SITES.--The Fish and Wildlife
1005	Conservation Commission is directed to develop, manage, and
1006	enforce laws on certain recreational sites in the water
1007	conservation areas of the Everglades from funds to be
1008	appropriated by the Legislature.
1009	(4)  No recreational site will be developed on any Indian
1010	reservations as created by chapter 285 without first obtaining
1011	written approval for such development from the Indians of the
1012	particular reservation lands affected.
1013	Section 32.  Section 372.0215, Florida Statutes, is
1014	renumbered as section 379.223, Florida Statutes, to read:
1015	379.223 372.0215  Citizen support organizations; use of
1016	state property; audit.--
1017	(1)  The Fish and Wildlife Conservation Commission may
1018	authorize the establishment of citizen support organizations to
1019	provide assistance, funding, and promotional support for the
1020	programs of the commission. For purposes of this section, the
1021	term "citizen support organization" means an organization which:
1022	(a)  Is a corporation not for profit incorporated pursuant
1023	to the provisions of chapter 617 and approved by the Department
1024	of State.
1025	(b)  Is organized and operated to conduct programs and
1026	activities; raise funds; request and receive grants, gifts, and
1027	bequests of money; acquire, receive, hold, invest, and
1028	administer in its own name securities, funds, or real or
1029	personal property; and make expenditures for the benefit of the
1030	commission or an individual program unit of the commission;
1031	except that such organization may not receive funds from the
1032	commission or the Fish and Wildlife Research Institute by grant,
1033	gift, or contract unless specifically authorized by the
1034	Legislature.
1035	(c)  The commission has determined acts in a manner that is
1036	consistent with the goals of the commission and the best
1037	interests of the state.
1038	(d)  Is approved in writing by the commission to operate
1039	for the benefit of the commission. Such approval must be stated
1040	in a letter of agreement from the executive director of the
1041	commission.
1042	(2)(a)  The Fish and Wildlife Conservation Commission may
1043	permit a citizen support organization to use commission
1044	property, facilities, and personnel free of charge. A citizen
1045	support organization may use commission property, facilities,
1046	and personnel if such use is consistent with the approved
1047	purpose of that citizen support organization and if such use
1048	does not unreasonably interfere with the general public's use of
1049	commission property, facilities, and personnel for established
1050	purposes.
1051	(b)  The commission may prescribe conditions upon the use
1052	by a citizen support organization of commission property,
1053	facilities, or personnel.
1054	(c)  The commission may not permit the use of any property,
1055	facilities, or personnel of the state by a citizen support
1056	organization that does not provide equal membership and
1057	employment opportunities to all persons regardless of race,
1058	color, national origin, religion, sex, or age.
1059	(3)  Each citizen support organization shall provide for an
1060	annual financial audit in accordance with s. 215.981. The
1061	identity of a donor or prospective donor to a citizen support
1062	organization who desires to remain anonymous and all information
1063	identifying such donor or prospective donor are confidential and
1064	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
1065	of the State Constitution. Such anonymity shall be maintained in
1066	the auditor's report.
1067	Section 33.  Section 370.06091, Florida Statutes, is
1068	renumbered as section 379.224, Florida Statutes, to read:
1069	379.224 370.06091  Memorandum of agreement relating to Fish
1070	and Wildlife Research Institute.--A memorandum of agreement will
1071	be developed between the Department of Environmental Protection
1072	and the Fish and Wildlife Conservation Commission which will
1073	detail the responsibilities of the Fish and Wildlife Research
1074	Institute to the department, to include, at a minimum, the
1075	following services:
1076	(1)  Environmental monitoring and assessment.
1077	(2)  Restoration research and development of restoration
1078	technology.
1079	(3)  Technical support and response for oil spills, ship
1080	groundings, major marine species die-offs, hazardous spills, and
1081	natural disasters.
1082	Section 34.  Section 370.103, Florida Statutes, is
1083	renumbered as section 379.2251, Florida Statutes, to read:
1084	379.2251 370.103  Agreements with Federal Government for
1085	the preservation of saltwater fisheries; authority of
1086	commission.--The Fish and Wildlife Conservation Commission is
1087	authorized and empowered to enter into cooperative agreements
1088	with the Federal Government or agencies thereof for the purpose
1089	of preserving saltwater fisheries within and without state
1090	waters and for the purpose of protecting against overfishing,
1091	waste, depletion, or any abuse whatsoever. Such authority
1092	includes the authority to enter into cooperative agreements
1093	whereby officers of the Fish and Wildlife Conservation
1094	Commission are empowered to enforce federal statutes and rules
1095	pertaining to fisheries management. When differences between
1096	state and federal laws occur, state laws shall take precedence.
1097	Section 35.  Section 370.18, Florida Statutes, is
1098	renumbered as section 379.2252, Florida Statutes, to read:
1099	379.2252 370.18  Compacts and agreements; generally.--The
1100	Fish and Wildlife Conservation Commission may enter into
1101	agreements of reciprocity with the fish commissioners or other
1102	departments or other proper officials of other states, whereby
1103	the citizens of the state may be permitted to take or catch
1104	shrimp or prawn from the waters under the jurisdiction of such
1105	other states, upon similar agreements to allow such nonresidents
1106	or aliens to fish for or catch seafood products within the
1107	jurisdiction of the state regardless of residence.
1108	Section 36.  Section 370.19, Florida Statutes, is
1109	renumbered as section 379.2253, Florida Statutes, to read:
1110	379.2253 370.19  Atlantic States Marine Fisheries Compact;
1111	implementing legislation.--
1112	(1)  FORM.--The Governor of this state is hereby authorized
1113	and directed to execute a compact on behalf of the State of
1114	Florida with any one or more of the States of Maine, New
1115	Hampshire, Massachusetts, Rhode Island, Connecticut, New York,
1116	New Jersey, Delaware, Maryland, Virginia, North Carolina, South
1117	Carolina, and Georgia, and with such other states as may enter
1118	into the compact, legally joining therein in the form
1119	substantially as follows:
1120
1121	ATLANTIC STATES MARINE FISHERIES
1122	COMPACT
1123
1124	The contracting states solemnly agree:
1125
1126	ARTICLE I
1127
1128	The purpose of this compact is to promote the better
1129	utilization of the fisheries, marine, shell, and anadromous, of
1130	the Atlantic seaboard by the development of a joint program for
1131	the promotion and protection of such fisheries, and by the
1132	prevention of the physical waste of the fisheries from any
1133	cause. It is not the purpose of this compact to authorize the
1134	states joining herein to limit the production of fish or fish
1135	products for the purpose of establishing or fixing the price
1136	thereof, or creating and perpetuating a monopoly.
1137
1138	ARTICLE II
1139
1140	This agreement shall become operative immediately as to
1141	those states executing it whenever any two or more of the States
1142	of Maine, New Hampshire, Massachusetts, Rhode Island,
1143	Connecticut, New York, New Jersey, Delaware, Maryland, Virginia,
1144	North Carolina, South Carolina, Georgia and Florida have
1145	executed it in the form that is in accordance with the laws of
1146	the executing state and the Congress has given its consent. Any
1147	state contiguous with any of the aforementioned states and
1148	riparian upon waters frequented by anadromous fish, flowing into
1149	waters under the jurisdiction of any of the aforementioned
1150	states, may become a party hereto as hereinafter provided.
1151
1152	ARTICLE III
1153
1154	Each state joining herein shall appoint three
1155	representatives to a commission hereby constituted and
1156	designated as the Atlantic States Marine Fisheries Commission.
1157	One shall be the executive officer of the administrative agency
1158	of such state charged with the conservation of the fisheries
1159	resources to which this compact pertains or, if there be more
1160	than one officer or agency, the official of that state named by
1161	the governor thereof. The second shall be a member of the
1162	legislature of such state designated by such legislature or, in
1163	the absence of such designation, such legislator shall be
1164	designated by the governor thereof, provided that if it is
1165	constitutionally impossible to appoint a legislator as a
1166	commissioner from such state, the second member shall be
1167	appointed in such manner as is established by law. The third
1168	shall be a citizen who shall have a knowledge of and interest in
1169	the marine fisheries problem to be appointed by the governor.
1170	This commission shall be a body corporate with the powers and
1171	duties set forth herein.
1172
1173	ARTICLE IV
1174
1175	The duty of the said commission shall be to make inquiry
1176	and ascertain from time to time such methods, practices,
1177	circumstances and conditions as may be disclosed for bringing
1178	about the conservation and the prevention of the depletion and
1179	physical waste of the fisheries, marine, shell and anadromous,
1180	of the Atlantic seaboard. The commission shall have power to
1181	recommend the coordination of the exercise of the police powers
1182	of the several states within their respective jurisdictions to
1183	promote the preservation of those fisheries and their protection
1184	against overfishing, waste, depletion or any abuse whatsoever
1185	and to assure a continuing yield from the fisheries resources of
1186	the aforementioned states.
1187	To that end the commission shall draft and, after
1188	consultation with the advisory committee hereinafter authorized,
1189	recommend to the governors and legislatures of the various
1190	signatory states legislation dealing with the conservation of
1191	the marine, shell and anadromous fisheries of the Atlantic
1192	seaboard. The commission shall, more than one month prior to any
1193	regular meeting of the legislature in any signatory state,
1194	present to the governor of the state its recommendations
1195	relating to enactments to be made by the legislature of that
1196	state in furthering the intents and purposes of this compact.
1197	The commission shall consult with and advise the pertinent
1198	administrative agencies in the states party hereto with regard
1199	to problems connected with the fisheries and recommend the
1200	adoption of such regulations as it deems advisable.
1201	The commission shall have power to recommend to the states
1202	party hereto the stocking of the waters of such states with fish
1203	and fish eggs or joint stocking by some or all of the states
1204	party hereto and when two or more of the states shall jointly
1205	stock waters the commission shall act as the coordinating agency
1206	for such stocking.
1207
1208	ARTICLE V
1209
1210	The commission shall elect from its number a chair and a
1211	vice chair and shall appoint and at its pleasure remove or
1212	discharge such officers and employees as may be required to
1213	carry the provisions of this compact into effect and shall fix
1214	and determine their duties, qualifications and compensation.
1215	Said commission shall adopt rules and regulations for the
1216	conduct of its business. It may establish and maintain one or
1217	more offices for the transaction of its business and may meet at
1218	any time or place but must meet at least once a year.
1219
1220	ARTICLE VI
1221
1222	No action shall be taken by the commission in regard to its
1223	general affairs except by the affirmative vote of a majority of
1224	the whole number of compacting states present at any meeting. No
1225	recommendation shall be made by the commission in regard to any
1226	species of fish except by the affirmative vote of a majority of
1227	the compacting states which have an interest in such species.
1228	The commission shall define what shall be an interest.
1229
1230	ARTICLE VII
1231
1232	The Fish and Wildlife Service of the Department of the
1233	Interior of the Government of the United States shall act as the
1234	primary research agency of the Atlantic States Marine Fisheries
1235	Commission cooperating with the research agencies in each state
1236	for that purpose. Representatives of the said Fish and Wildlife
1237	Service shall attend the meetings of the commission.
1238	An advisory committee to be representative of the
1239	commercial fishers and the saltwater anglers and such other
1240	interests of each state as the commission deems advisable shall
1241	be established by the commission as soon as practicable for the
1242	purpose of advising the commission upon such recommendations as
1243	it may desire to make.
1244
1245	ARTICLE VIII
1246
1247	When any state other than those named specifically in
1248	Article II of this compact shall become a party thereto for the
1249	purpose of conserving its anadromous fish in accordance with the
1250	provisions of Article II the participation of such state in the
1251	action of the commission shall be limited to such species of
1252	anadromous fish.
1253
1254	ARTICLE IX
1255
1256	Nothing in this compact shall be construed to limit the
1257	powers of any signatory state or to repeal or prevent the
1258	enactment of any legislation or the enforcement of any
1259	requirement by any signatory state imposing additional
1260	conditions to conserve its fisheries.
1261
1262	ARTICLE X
1263
1264	Continued absence of representation or of any
1265	representative on the commission from any state party hereto
1266	shall be brought to the attention of the governor thereof.
1267
1268	ARTICLE XI
1269
1270	The states party hereto agree to make annual appropriations
1271	to the support of the commission in proportion to the primary
1272	market value of the products of their fisheries, exclusive of
1273	cod and haddock, as recorded in the most recent published
1274	reports of the Fish and Wildlife Service of the United States
1275	Department of the Interior, provided no state shall contribute
1276	less than $200 per annum and the annual contribution of each
1277	state above the minimum shall be figured to the nearest $100.
1278	The compacting states agree to appropriate initially the
1279	annual amounts scheduled below, which amounts are calculated in
1280	the manner set forth herein, on the basis of the catch record of
1281	1938. Subsequent budgets shall be recommended by a majority of
1282	the commission and the cost thereof allocated equitably among
1283	the states in accordance with their respective interests and
1284	submitted to the compacting states.
1285
1286	Schedule of Initial Annual
1287	State Contributions
1288	Maine..................................................$700
1289	New Hampshire...........................................200
1290	Massachusetts.........................................2,300
1291	Rhode Island............................................300
1292	Connecticut.............................................400
1293	New York..............................................1,300
1294	New Jersey..............................................800
1295	Delaware................................................200
1296	Maryland................................................700
1297	Virginia..............................................1,300
1298	North Carolina..........................................600
1299	South Carolina..........................................200
1300	Georgia.................................................200
1301	Florida...............................................1,500
1302
1303	ARTICLE XII
1304
1305	This compact shall continue in force and remain binding
1306	upon each compacting state until renounced by it. Renunciation
1307	of this compact must be preceded by sending 6 months' notice in
1308	writing of intention to withdraw from the compact to the other
1309	states party hereto.
1310	(2)  COMMISSIONERS; APPOINTMENT AND REMOVAL.--In pursuance
1311	of Article III of said compact there shall be three members
1312	(hereinafter called commissioners) of the Atlantic States Marine
1313	Fisheries Commission (hereinafter called commission) from this
1314	state. The first commissioner from this state shall be the
1315	Executive Director of the Fish and Wildlife Conservation
1316	Commission, ex officio, and the term of any such ex officio
1317	commissioner shall terminate at the time he or she ceases to
1318	hold said office of Executive Director of the Fish and Wildlife
1319	Conservation Commission, and his or her successor as
1320	commissioner shall be his or her successor as executive
1321	director. The second commissioner from this state shall be a
1322	legislator appointed on a rotating basis by the President of the
1323	Senate or the Speaker of the House of Representatives, beginning
1324	with the appointment of a member of the Senate, and the term of
1325	any such commissioner shall terminate at the time he or she
1326	ceases to hold said legislative office. The Governor (subject to
1327	confirmation by the Senate), shall appoint a citizen as a third
1328	commissioner who shall have a knowledge of, and interest in, the
1329	marine fisheries problem. The term of said commissioner shall be
1330	3 years and the commissioner shall hold office until a successor
1331	shall be appointed and qualified. Vacancies occurring in the
1332	office of such commissioner from any reason or cause shall be
1333	filled by appointment by the Governor (subject to confirmation
1334	by the Senate), for the unexpired term. The Executive Director
1335	of the Fish and Wildlife Conservation Commission as ex officio
1336	commissioner may delegate, from time to time, to any deputy or
1337	other subordinate in his or her department or office, the power
1338	to be present and participate, including voting, as his or her
1339	representative or substitute at any meeting of or hearing by or
1340	other proceeding of the commission. The terms of each of the
1341	initial three members shall begin at the date of the appointment
1342	of the appointive commissioner, provided the said compact shall
1343	then have gone into effect in accordance with Article II of the
1344	compact; otherwise, they shall begin upon the date upon which
1345	said compact shall become effective in accordance with said
1346	Article II. Any commissioner may be removed from office by the
1347	Governor upon charges and after a hearing.
1348	(3)  POWERS OF COMMISSION AND COMMISSIONERS.--There is
1349	hereby granted to the commission and the commissioners thereof
1350	all the powers provided for in the said compact and all the
1351	powers necessary or incidental to the carrying out of said
1352	compact in every particular. All officers of the State of
1353	Florida are hereby authorized and directed to do all things
1354	falling within their respective provinces and jurisdiction
1355	necessary or incidental to the carrying out of said compact in
1356	every particular; it being hereby declared to be the policy of
1357	the State of Florida to perform and carry out the said compact
1358	and to accomplish the purposes thereof. All officers, bureaus,
1359	departments and persons of and in the state government or
1360	administration of the State of Florida are hereby authorized and
1361	directed at convenient times and upon request of the said
1362	commission to furnish the said commission with information and
1363	data possessed by them or any of them and to aid said commission
1364	by loan of personnel or other means lying within their legal
1365	rights respectively.
1366	(4)  POWERS OF COMMISSION SUPPLEMENTAL.--Any powers herein
1367	granted to the commission shall be regarded as in aid of and
1368	supplemental to and in no case a limitation upon any of the
1369	powers vested in said commission by other laws of the State of
1370	Florida or by the laws of the States of Maine, New Hampshire,
1371	Massachusetts, Connecticut, Rhode Island, New York, New Jersey,
1372	Delaware, Maryland, Virginia, North Carolina, South Carolina,
1373	Georgia and Florida or by the Congress or the terms of said
1374	compact.
1375	(5)  ACCOUNTS TO BE KEPT BY COMMISSION; EXAMINATION.--
1376	(a)  The commission shall keep accurate accounts of all
1377	receipts and disbursements and shall report to the Governor and
1378	the Legislature of the State of Florida on or before the 10th
1379	day of December in each year, setting forth in detail the
1380	transactions conducted by it during the 12 months preceding
1381	December 1 of that year and shall make recommendations for any
1382	legislative action deemed by it advisable, including amendments
1383	to the statutes of the State of Florida which may be necessary
1384	to carry out the intent and purposes of the compact between the
1385	signatory states.
1386	(b)  The Department of Financial Services is authorized and
1387	empowered from time to time to examine the accounts and books of
1388	the commission, including its receipts, disbursements and such
1389	other items referring to its financial standing as such
1390	department deems proper and to report the results of such
1391	examination to the governor of such state.
1392	(6)  APPROPRIATION FOR EXPENSES OF COMMISSION.--The sum of
1393	$600, annually, or so much thereof as may be necessary, is
1394	hereby appropriated out of any moneys in the State Treasury not
1395	otherwise appropriated, for the expenses of the commission
1396	created by the compact authorized by this law. The moneys hereby
1397	appropriated shall be paid out of the State Treasury on the
1398	audit and warrant of the Chief Financial Officer upon vouchers
1399	certified by the chair of the commission in the manner
1400	prescribed by law.
1401	Section 37.  Section 370.20, Florida Statutes, is
1402	renumbered as section 379.2254, Florida Statutes, to read:
1403	379.2254 370.20  Gulf States Marine Fisheries Compact;
1404	implementing legislation.--
1405	(1)  FORM.--The Governor of this state is hereby authorized
1406	and directed to execute the compact on behalf of the State of
1407	Florida with any one or more of the States of Alabama,
1408	Mississippi, Louisiana and Texas, and with such other state as
1409	may enter into a compact, legal joining therein in the form
1410	substantially as follows:
1411
1412	GULF STATES MARINE FISHERIES
1413	COMPACT
1414
1415	The contracting states solemnly agree:
1416
1417	ARTICLE I
1418
1419	Whereas the gulf coast states have the proprietary interest
1420	in and jurisdiction over fisheries in the waters within their
1421	respective boundaries, it is the purpose of this compact to
1422	promote the better utilization of the fisheries, marine, shell
1423	and anadromous, of the seaboard of the Gulf of Mexico, by the
1424	development of a joint program for the promotion and protection
1425	of such fisheries and the prevention of the physical waste of
1426	the fisheries from any cause.
1427
1428	ARTICLE II
1429
1430	This compact shall become operative immediately as to those
1431	states ratifying it whenever any two or more of the States of
1432	Florida, Alabama, Mississippi, Louisiana and Texas have ratified
1433	it and the Congress has given its consent subject to article I,
1434	s. 10 of the Constitution of the United States. Any state
1435	contiguous to any of the aforementioned states or riparian upon
1436	waters which flow into waters under the jurisdiction of any of
1437	the aforementioned states and which are frequented by anadromous
1438	fish or marine species may become a party hereto as hereinafter
1439	provided.
1440
1441	ARTICLE III
1442
1443	Each state joining herein shall appoint three
1444	representatives to a commission hereby constituted and
1445	designated as the Gulf States Marine Fisheries Commission. One
1446	shall be the head of the administrative agency of such state
1447	charged with the conservation of the fishery resources to which
1448	this compact pertains or, if there be more than one officer or
1449	agency, the official of that state named by the governor
1450	thereof. The second shall be a member of the legislature of such
1451	state designated by such legislature or in the absence of such
1452	designation, such legislator shall be designated by the governor
1453	thereof, provided that if it is constitutionally impossible to
1454	appoint a legislator as a commissioner from such state, the
1455	second member shall be appointed in such manner as may be
1456	established by law. The third shall be a citizen who shall have
1457	a knowledge of and interest in the marine fisheries, to be
1458	appointed by the governor. This commission shall be a body
1459	corporate with the powers and duties set forth herein.
1460
1461	ARTICLE IV
1462
1463	The duty of the said commission shall be to make inquiry
1464	and ascertain from time to time such methods, practices,
1465	circumstances and conditions as may be disclosed for bringing
1466	about the conservation and the prevention of the depletion and
1467	physical waste of the fisheries, marine, shell and anadromous,
1468	of the gulf coast. The commission shall have power to recommend
1469	the coordination of the exercise of the police powers of the
1470	several states within their respective jurisdiction to promote
1471	the preservation of these fisheries and their protection against
1472	overfishing, waste, depletion or any abuse whatsoever and to
1473	assure a continuing yield from the fishery resources of the
1474	aforementioned states.
1475	To that end the commission shall draft and recommend to the
1476	governors and the legislatures of the various signatory states,
1477	legislation dealing with the conservation of the marine, shell
1478	and anadromous fisheries of the gulf seaboard. The commission
1479	shall from time to time present to the governor of each
1480	compacting state its recommendations relating to enactments to
1481	be presented to the legislature of the state in furthering the
1482	interest and purposes of this compact.
1483	The commission shall consult with and advise the pertinent
1484	administrative agencies in the states party hereto with regard
1485	to problems connected with the fisheries and recommend the
1486	adoption of such regulations as it deems advisable.
1487	The commission shall have power to recommend to the states
1488	party hereto the stocking of the waters of such states with fish
1489	and fish eggs or joint stocking by some or all of the states
1490	party hereto and when two or more states shall jointly stock
1491	waters the commission shall act as the coordinating agency for
1492	such stocking.
1493
1494	ARTICLE V
1495
1496	The commission shall elect from its number a chair and vice
1497	chair and shall appoint and at its pleasure remove or discharge
1498	such officers and employees as may be required to carry the
1499	provisions of this compact into effect and shall fix and
1500	determine their duties, qualifications and compensation. Said
1501	commission shall adopt rules and regulations for the conduct of
1502	its business. It may establish and maintain one or more offices
1503	for the transaction of its business and may meet at any time or
1504	place but must meet at least once a year.
1505
1506	ARTICLE VI
1507
1508	No action shall be taken by the commission in regard to its
1509	general affairs except by the affirmative vote of a majority of
1510	the whole number of compacting states. No recommendation shall
1511	be made by the commission in regard to any species of fish
1512	except by the affirmative vote of a majority of the compacting
1513	states which have an interest in such species. The commission
1514	shall define which shall be an interest.
1515
1516	ARTICLE VII
1517
1518	The Fish and Wildlife Service of the Department of the
1519	Interior of the Government of the United States shall act as the
1520	primary research agency of the Gulf States Marine Fisheries
1521	Commission cooperating with the research agencies in each state
1522	for that purpose. Representatives of the said fish and wildlife
1523	service shall attend the meetings of the commission. An advisory
1524	committee to be representative of the commercial salt water
1525	fishers and the salt water anglers and such other interests of
1526	each state as the commissioners deem advisable may be
1527	established by the commissioners from each state for the purpose
1528	of advising those commissioners upon such recommendations as it
1529	may desire to make.
1530
1531	ARTICLE VIII
1532
1533	When any state other than those named specifically in
1534	article II of this compact shall become a party hereto for the
1535	purpose of conserving its anadromous fish or marine species in
1536	accordance with the provisions of article II, the participation
1537	of such state in the action of the commission shall be limited
1538	to such species of fish.
1539
1540	ARTICLE IX
1541
1542	Nothing in this compact shall be construed to limit the
1543	powers or the proprietary interest of any signatory state or to
1544	repeal or prevent the enactment of any legislation or the
1545	enforcement of any requirement by a signatory state imposing
1546	additional conditions and restrictions to conserve its
1547	fisheries.
1548
1549	ARTICLE X
1550
1551	It is agreed that any two or more states party hereto may
1552	further amend this compact by acts of their respective
1553	legislatures subject to approval of Congress as provided in
1554	article I, s. 10, of the Constitution of the United States, to
1555	designate the Gulf States Marine Fisheries Commission as a joint
1556	regulating authority for the joint regulation of specific
1557	fisheries affecting only such states as shall be compact, and at
1558	their joint expense. The representatives of such states shall
1559	constitute a separate section of the Gulf States Marine
1560	Fisheries Commission for the exercise of the additional powers
1561	so granted but the creation of such section shall not be deemed
1562	to deprive the states so compacting of any of their privileges
1563	or powers in the Gulf States Marine Fisheries Commission as
1564	constituted under the other articles of this compact.
1565
1566	ARTICLE XI
1567
1568	Continued absence of representation or of any
1569	representative on the commission from any state party hereto
1570	shall be brought to the attention of the governor thereof.
1571
1572	ARTICLE XII
1573
1574	The operating expenses of the Gulf States Marine Fisheries
1575	Commission shall be borne by the states party hereto. Such
1576	initial appropriations as are set forth below shall be made
1577	available yearly until modified as hereinafter provided:
1578	Florida..............................................$3,500
1579	Alabama...............................................1,000
1580	Mississippi...........................................1,000
1581	Louisiana.............................................5,000
1582	Texas.................................................2,500
1583	Total...............................................$13,000
1584
1585	The proration and total cost per annum of $13,000, above-
1586	mentioned, is estimated only, for initial operations, and may be
1587	changed when found necessary by the commission and approved by
1588	the legislatures of the respective states. Each state party
1589	hereto agrees to provide in the manner most acceptable to it,
1590	the travel costs and necessary expenses of its commissioners and
1591	other representatives to and from meetings of the commission or
1592	its duly constituted sections or committees.
1593
1594	ARTICLE XIII
1595
1596	This compact shall continue in force and remain binding
1597	upon each compacting state until renounced by act of the
1598	legislature of such state, in such form as it may choose;
1599	provided that such renunciation shall not become effective until
1600	6 months after the effective date of the action taken by the
1601	legislature. Notice of such renunciation shall be given to the
1602	other states party hereto by the secretary of state of the
1603	compacting state so renouncing upon passage of the act.
1604	(2)  MEMBERS OF COMMISSION; TERM OF OFFICE.--In pursuance
1605	of article III of said compact, there shall be three members
1606	(hereinafter called commissioners) of the Gulf States Marine
1607	Fisheries Commission (hereafter called commission) from the
1608	State of Florida. The first commissioner from the State of
1609	Florida shall be the Executive Director of the Fish and Wildlife
1610	Conservation Commission, ex officio, and the term of any such ex
1611	officio commissioner shall terminate at the time he or she
1612	ceases to hold said office of Executive Director of the Fish and
1613	Wildlife Conservation Commission, and his or her successor as
1614	commissioner shall be his or her successor as executive
1615	director. The second commissioner from the State of Florida
1616	shall be a legislator appointed on a rotating basis by the
1617	President of the Senate or the Speaker of the House of
1618	Representatives, beginning with the appointment of a member of
1619	the House of Representatives, and the term of any such
1620	commissioner shall terminate at the time he or she ceases to
1621	hold said legislative office. The Governor (subject to
1622	confirmation by the Senate) shall appoint a citizen as a third
1623	commissioner who shall have a knowledge of and interest in the
1624	marine fisheries problem. The term of said commissioner shall be
1625	3 years and the commissioner shall hold office until a successor
1626	shall be appointed and qualified. Vacancies occurring in the
1627	office of such commissioner from any reason or cause shall be
1628	filled by appointment by the Governor (subject to confirmation
1629	by the Senate) for the unexpired term. The Executive Director of
1630	the Fish and Wildlife Conservation Commission, as ex officio
1631	commissioner, may delegate, from time to time, to any deputy or
1632	other subordinate in his or her department or office, the power
1633	to be present and participate, including voting, as his or her
1634	representative or substitute at any meeting of or hearing by or
1635	other proceeding of the commission. The terms of each of the
1636	initial three members shall begin at the date of the appointment
1637	of the appointive commissioner, provided the said compact shall
1638	then have gone into effect in accordance with article II of the
1639	compact; otherwise they shall begin upon the date upon which
1640	said compact shall become effective in accordance with said
1641	article II.
1642	Any commissioner may be removed from office by the Governor
1643	upon charges and after a hearing.
1644	(3)  COMMISSION; POWERS.--There is hereby granted to the
1645	commission and the commissioners thereof all the powers provided
1646	for in the said compact and all the powers necessary or
1647	incidental to the carrying out of said compact in every
1648	particular. All officers of the State of Florida are hereby
1649	authorized and directed to do all things falling within their
1650	respective provinces and jurisdiction necessary or incidental to
1651	the carrying out of said compact in every particular; it being
1652	hereby declared to be the policy of the State of Florida to
1653	perform and carry out the said compact and to accomplish the
1654	purposes thereof. All officers, bureaus, departments and persons
1655	of and in the state government or administration of the State of
1656	Florida are hereby authorized and directed at convenient times
1657	and upon request of the said commission to furnish the said
1658	commission with information and data possessed by them or any of
1659	them and to aid said commission by loan of personnel or other
1660	means lying within their legal rights respectively.
1661	(4)  POWERS OF COMMISSION SUPPLEMENTAL.--Any powers herein
1662	granted to the commissioner shall be regarded as in aid of and
1663	supplemental to and in no case a limitation upon any of the
1664	powers vested in said commission by other laws of the State of
1665	Florida or by the laws of the States of Alabama, Mississippi,
1666	Louisiana, Texas and Florida or by the Congress or the terms of
1667	said compact.
1668	(5)  ACCOUNTS TO BE KEPT BY COMMISSION; EXAMINATION.--The
1669	commission shall keep accurate accounts of all receipts and
1670	disbursements and shall report to the Governor and the
1671	Legislature of the State of Florida on or before the 10th day of
1672	December in each year, setting forth in detail the transactions
1673	conducted by it during the 12 months preceding December 1 of
1674	that year and shall make recommendations for any legislative
1675	action deemed by it advisable, including amendments to the
1676	statutes of the State of Florida which may be necessary to carry
1677	out the intent and purposes of the compact between the signatory
1678	states.
1679	The Department of Financial Services is authorized and
1680	empowered from time to time to examine the accounts and books of
1681	the commission, including its receipts, disbursements and such
1682	other items referring to its financial standing as such
1683	department deems proper and to report the results of such
1684	examination to the governor of such state.
1685	Section 38.  Section 372.831, Florida Statutes, is
1686	renumbered as section 379.2255, Florida Statutes, and amended to
1687	read:
1688	379.2255 372.831  Wildlife Violator Compact Act.--The
1689	Wildlife Violator Compact is created and entered into with all
1690	other jurisdictions legally joining therein in the form
1691	substantially as follows:
1692
1693	ARTICLE I
1694	Findings and Purpose
1695
1696	(1)  The participating states find that:
1697	(a)  Wildlife resources are managed in trust by the
1698	respective states for the benefit of all residents and visitors.
1699	(b)  The protection of the wildlife resources of a state is
1700	materially affected by the degree of compliance with state
1701	statutes, laws, regulations, ordinances, and administrative
1702	rules relating to the management of such resources.
1703	(c)  The preservation, protection, management, and
1704	restoration of wildlife contributes immeasurably to the
1705	aesthetic, recreational, and economic aspects of such natural
1706	resources.
1707	(d)  Wildlife resources are valuable without regard to
1708	political boundaries; therefore, every person should be required
1709	to comply with wildlife preservation, protection, management,
1710	and restoration laws, ordinances, and administrative rules and
1711	regulations of the participating states as a condition precedent
1712	to the continuance or issuance of any license to hunt, fish,
1713	trap, or possess wildlife.
1714	(e)  Violation of wildlife laws interferes with the
1715	management of wildlife resources and may endanger the safety of
1716	persons and property.
1717	(f)  The mobility of many wildlife law violators
1718	necessitates the maintenance of channels of communication among
1719	the various states.
1720	(g)  In most instances, a person who is cited for a
1721	wildlife violation in a state other than his or her home state
1722	is:
1723	1.  Required to post collateral or a bond to secure
1724	appearance for a trial at a later date;
1725	2.  Taken into custody until the collateral or bond is
1726	posted; or
1727	3.  Taken directly to court for an immediate appearance.
1728	(h)  The purpose of the enforcement practices set forth in
1729	paragraph (g) is to ensure compliance with the terms of a
1730	wildlife citation by the cited person who, if permitted to
1731	continue on his or her way after receiving the citation, could
1732	return to his or her home state and disregard his or her duty
1733	under the terms of the citation.
1734	(i)  In most instances, a person receiving a wildlife
1735	citation in his or her home state is permitted to accept the
1736	citation from the officer at the scene of the violation and
1737	immediately continue on his or her way after agreeing or being
1738	instructed to comply with the terms of the citation.
1739	(j)  The practices described in paragraph (g) cause
1740	unnecessary inconvenience and, at times, a hardship for the
1741	person who is unable at the time to post collateral, furnish a
1742	bond, stand trial, or pay a fine, and thus is compelled to
1743	remain in custody until some alternative arrangement is made.
1744	(k)  The enforcement practices described in paragraph (g)
1745	consume an undue amount of time of law enforcement agencies.
1746	(2)  It is the policy of the participating states to:
1747	(a)  Promote compliance with the statutes, laws,
1748	ordinances, regulations, and administrative rules relating to
1749	the management of wildlife resources in their respective states.
1750	(b)  Recognize a suspension of the wildlife license
1751	privileges of any person whose license privileges have been
1752	suspended by a participating state and treat such suspension as
1753	if it had occurred in each respective state.
1754	(c)  Allow a violator, except as provided in subsection (2)
1755	of Article III, to accept a wildlife citation and, without
1756	delay, proceed on his or her way, whether or not the violator is
1757	a resident of the state in which the citation was issued, if the
1758	violator's home state is party to this compact.
1759	(d)  Report to the appropriate participating state, as
1760	provided in the compact manual, any conviction recorded against
1761	any person whose home state was not the issuing state.
1762	(e)  Allow the home state to recognize and treat
1763	convictions recorded against its residents, which convictions
1764	occurred in a participating state, as though they had occurred
1765	in the home state.
1766	(f)  Extend cooperation to its fullest extent among the
1767	participating states for enforcing compliance with the terms of
1768	a wildlife citation issued in one participating state to a
1769	resident of another participating state.
1770	(g)  Maximize the effective use of law enforcement
1771	personnel and information.
1772	(h)  Assist court systems in the efficient disposition of
1773	wildlife violations.
1774	(3)  The purpose of this compact is to:
1775	(a)  Provide a means through which participating states may
1776	join in a reciprocal program to effectuate the policies
1777	enumerated in subsection (2) in a uniform and orderly manner.
1778	(b)  Provide for the fair and impartial treatment of
1779	wildlife violators operating within participating states in
1780	recognition of the violator's right to due process and the
1781	sovereign status of a participating state.
1782
1783	ARTICLE II
1784	Definitions
1785
1786	As used in this compact, the term:
1787	(1)  "Citation" means any summons, complaint, summons and
1788	complaint, ticket, penalty assessment, or other official
1789	document issued to a person by a wildlife officer or other peace
1790	officer for a wildlife violation which contains an order
1791	requiring the person to respond.
1792	(2)  "Collateral" means any cash or other security
1793	deposited to secure an appearance for trial in connection with
1794	the issuance by a wildlife officer or other peace officer of a
1795	citation for a wildlife violation.
1796	(3)  "Compliance" with respect to a citation means the act
1797	of answering a citation through an appearance in a court or
1798	tribunal, or through the payment of fines, costs, and
1799	surcharges, if any.
1800	(4)  "Conviction" means a conviction that results in
1801	suspension or revocation of a license, including any court
1802	conviction, for any offense related to the preservation,
1803	protection, management, or restoration of wildlife which is
1804	prohibited by state statute, law, regulation, ordinance, or
1805	administrative rule. The term also includes the forfeiture of
1806	any bail, bond, or other security deposited to secure appearance
1807	by a person charged with having committed any such offense, the
1808	payment of a penalty assessment, a plea of nolo contendere, or
1809	the imposition of a deferred or suspended sentence by the court.
1810	(5)  "Court" means a court of law, including magistrate's
1811	court and the justice of the peace court.
1812	(6)  "Home state" means the state of primary residence of a
1813	person.
1814	(7)  "Issuing state" means the participating state that
1815	issues a wildlife citation to the violator.
1816	(8)  "License" means any license, permit, or other public
1817	document that conveys to the person to whom it was issued the
1818	privilege of pursuing, possessing, or taking any wildlife
1819	regulated by statute, law, regulation, ordinance, or
1820	administrative rule of a participating state; any privilege to
1821	obtain such license, permit, or other public document; or any
1822	statutory exemption from the requirement to obtain such license,
1823	permit, or other public document. However, when applied to a
1824	license, permit, or privilege issued or granted by the State of
1825	Florida, only a license or permit issued under s. 379.354
1826	372.57, or a privilege granted under s. 379.353 372.562, shall
1827	be considered a license.
1828	(9)  "Licensing authority" means the department or division
1829	within each participating state which is authorized by law to
1830	issue or approve licenses or permits to hunt, fish, trap, or
1831	possess wildlife.
1832	(10)  "Participating state" means any state that enacts
1833	legislation to become a member of this wildlife compact.
1834	(11)  "Personal recognizance" means an agreement by a
1835	person made at the time of issuance of the wildlife citation
1836	that such person will comply with the terms of the citation.
1837	(12)  "State" means any state, territory, or possession of
1838	the United States, the District of Columbia, the Commonwealth of
1839	Puerto Rico, the Provinces of Canada, and other countries.
1840	(13)  "Suspension" means any revocation, denial, or
1841	withdrawal of any or all license privileges, including the
1842	privilege to apply for, purchase, or exercise the benefits
1843	conferred by any license.
1844	(14)  "Terms of the citation" means those conditions and
1845	options expressly stated upon the citation.
1846	(15)  "Wildlife" means all species of animals, including,
1847	but not limited to, mammals, birds, fish, reptiles, amphibians,
1848	mollusks, and crustaceans, which are defined as "wildlife" and
1849	are protected or otherwise regulated by statute, law,
1850	regulation, ordinance, or administrative rule in a participating
1851	state. Species included in the definition of "wildlife" vary
1852	from state to state and the determination of whether a species
1853	is "wildlife" for the purposes of this compact shall be based on
1854	local law.
1855	(16)  "Wildlife law" means any statute, law, regulation,
1856	ordinance, or administrative rule developed and enacted for the
1857	management of wildlife resources and the uses thereof.
1858	(17)  "Wildlife officer" means any individual authorized by
1859	a participating state to issue a citation for a wildlife
1860	violation.
1861	(18)  "Wildlife violation" means any cited violation of a
1862	statute, law, regulation, ordinance, or administrative rule
1863	developed and enacted for the management of wildlife resources
1864	and the uses thereof.
1865
1866	ARTICLE III
1867	Procedures for Issuing State
1868
1869	(1)  When issuing a citation for a wildlife violation, a
1870	wildlife officer shall issue a citation to any person whose
1871	primary residence is in a participating state in the same manner
1872	as though the person were a resident of the issuing state and
1873	shall not require such person to post collateral to secure
1874	appearance, subject to the exceptions noted in subsection (2),
1875	if the officer receives the recognizance of such person that he
1876	will comply with the terms of the citation.
1877	(2)  Personal recognizance is acceptable if not prohibited
1878	by local law; by policy, procedure, or regulation of the issuing
1879	agency; or by the compact manual and if the violator provides
1880	adequate proof of identification to the wildlife officer.
1881	(3)  Upon conviction or failure of a person to comply with
1882	the terms of a wildlife citation, the appropriate official shall
1883	report the conviction or failure to comply to the licensing
1884	authority of the participating state in which the wildlife
1885	citation was issued. The report shall be made in accordance with
1886	procedures specified by the issuing state and must contain
1887	information as specified in the compact manual as minimum
1888	requirements for effective processing by the home state.
1889	(4)  Upon receipt of the report of conviction or
1890	noncompliance pursuant to subsection (3), the licensing
1891	authority of the issuing state shall transmit to the licensing
1892	authority of the home state of the violator the information in
1893	the form and content prescribed in the compact manual.
1894
1895	ARTICLE IV
1896	Procedure for Home State
1897
1898	(1)  Upon receipt of a report from the licensing authority
1899	of the issuing state reporting the failure of a violator to
1900	comply with the terms of a citation, the licensing authority of
1901	the home state shall notify the violator and shall initiate a
1902	suspension action in accordance with the home state's suspension
1903	procedures and shall suspend the violator's license privileges
1904	until satisfactory evidence of compliance with the terms of the
1905	wildlife citation has been furnished by the issuing state to the
1906	home state licensing authority. Due-process safeguards shall be
1907	accorded.
1908	(2)  Upon receipt of a report of conviction from the
1909	licensing authority of the issuing state, the licensing
1910	authority of the home state shall enter such conviction in its
1911	records and shall treat such conviction as though it occurred in
1912	the home state for purposes of the suspension of license
1913	privileges.
1914	(3)  The licensing authority of the home state shall
1915	maintain a record of actions taken and shall make reports to
1916	issuing states as provided in the compact manual.
1917
1918	ARTICLE V
1919	Reciprocal Recognition of Suspension
1920
1921	(1)  Each participating state may recognize the suspension
1922	of license privileges of any person by any other participating
1923	state as though the violation resulting in the suspension had
1924	occurred in that state and would have been the basis for
1925	suspension of license privileges in that state.
1926	(2)  Each participating state shall communicate suspension
1927	information to other participating states in the form and
1928	content contained in the compact manual.
1929
1930	ARTICLE VI
1931	Applicability of Other Laws
1932
1933	Except as expressly required by provisions of this compact, this
1934	compact does not affect the right of any participating state to
1935	apply any of its laws relating to license privileges to any
1936	person or circumstance or to invalidate or prevent any agreement
1937	or other cooperative arrangement between a participating state
1938	and a nonparticipating state concerning the enforcement of
1939	wildlife laws.
1940
1941	ARTICLE VII
1942	Compact Administrator Procedures
1943
1944	(1)  For the purpose of administering the provisions of
1945	this compact and to serve as a governing body for the resolution
1946	of all matters relating to the operation of this compact, a
1947	board of compact administrators is established. The board shall
1948	be composed of one representative from each of the participating
1949	states to be known as the compact administrator. The compact
1950	administrator shall be appointed by the head of the licensing
1951	authority of each participating state and shall serve and be
1952	subject to removal in accordance with the laws of the state he
1953	or she represents. A compact administrator may provide for the
1954	discharge of his or her duties and the performance of his or her
1955	functions as a board member by an alternate. An alternate is not
1956	entitled to serve unless written notification of his or her
1957	identity has been given to the board.
1958	(2)  Each member of the board of compact administrators
1959	shall be entitled to one vote. No action of the board shall be
1960	binding unless taken at a meeting at which a majority of the
1961	total number of the board's votes are cast in favor thereof.
1962	Action by the board shall be only at a meeting at which a
1963	majority of the participating states are represented.
1964	(3)  The board shall elect annually from its membership a
1965	chairman and vice chairman.
1966	(4)  The board shall adopt bylaws not inconsistent with the
1967	provisions of this compact or the laws of a participating state
1968	for the conduct of its business and shall have the power to
1969	amend and rescind its bylaws.
1970	(5)  The board may accept for any of its purposes and
1971	functions under this compact any and all donations and grants of
1972	moneys, equipment, supplies, materials, and services,
1973	conditional or otherwise, from any state, the United States, or
1974	any governmental agency, and may receive, use, and dispose of
1975	the same.
1976	(6)  The board may contract with, or accept services or
1977	personnel from, any governmental or intergovernmental agency,
1978	individual, firm, corporation, or private nonprofit organization
1979	or institution.
1980	(7)  The board shall formulate all necessary procedures and
1981	develop uniform forms and documents for administering the
1982	provisions of this compact. All procedures and forms adopted
1983	pursuant to board action shall be contained in a compact manual.
1984
1985	ARTICLE VIII
1986	Entry into Compact and Withdrawal
1987
1988	(1)  This compact shall become effective at such time as it
1989	is adopted in substantially similar form by two or more states.
1990	(2)
1991	(a)  Entry into the compact shall be made by resolution of
1992	ratification executed by the authorized officials of the
1993	applying state and submitted to the chairman of the board.
1994	(b)  The resolution shall substantially be in the form and
1995	content as provided in the compact manual and must include the
1996	following:
1997	1.  A citation of the authority from which the state is
1998	empowered to become a party to this compact;
1999	2.  An agreement of compliance with the terms and
2000	provisions of this compact; and
2001	3.  An agreement that compact entry is with all states
2002	participating in the compact and with all additional states
2003	legally becoming a party to the compact.
2004	(c)  The effective date of entry shall be specified by the
2005	applying state, but may not be less than 60 days after notice
2006	has been given by the chairman of the board of the compact
2007	administrators or by the secretariat of the board to each
2008	participating state that the resolution from the applying state
2009	has been received.
2010	(3)  A participating state may withdraw from participation
2011	in this compact by official written notice to each participating
2012	state, but withdrawal shall not become effective until 90 days
2013	after the notice of withdrawal is given. The notice must be
2014	directed to the compact administrator of each member state. The
2015	withdrawal of any state does not affect the validity of this
2016	compact as to the remaining participating states.
2017
2018	ARTICLE IX
2019	Amendments to the Compact
2020
2021	(1)  This compact may be amended from time to time.
2022	Amendments shall be presented in resolution form to the chairman
2023	of the board of compact administrators and shall be initiated by
2024	one or more participating states.
2025	(2)  Adoption of an amendment shall require endorsement by
2026	all participating states and shall become effective 30 days
2027	after the date of the last endorsement.
2028
2029	ARTICLE X
2030	Construction and Severability
2031
2032	This compact shall be liberally construed so as to effectuate
2033	the purposes stated herein. The provisions of this compact are
2034	severable and if any phrase, clause, sentence, or provision of
2035	this compact is declared to be contrary to the constitution of
2036	any participating state or of the United States, or if the
2037	applicability thereof to any government, agency, individual, or
2038	circumstance is held invalid, the validity of the remainder of
2039	this compact shall not be affected thereby. If this compact is
2040	held contrary to the constitution of any participating state,
2041	the compact shall remain in full force and effect as to the
2042	remaining states and in full force and effect as to the
2043	participating state affected as to all severable matters.
2044
2045	ARTICLE XI
2046	Title
2047
2048	This compact shall be known as the "Wildlife Violator
2049	Compact."
2050	Section 39.  Section 372.8311, Florida Statutes, is
2051	renumbered as section 379.2256, Florida Statutes, and amended to
2052	read:
2053	379.2256 372.8311  Compact licensing and enforcement
2054	authority; administrative review.--
2055	(1)  LICENSING AND ENFORCEMENT AUTHORITY.--For purposes of
2056	this act and the interstate Wildlife Violator Compact, the Fish
2057	and Wildlife Conservation Commission is the licensing authority
2058	for the State of Florida and shall enforce the interstate
2059	Wildlife Violator Compact and shall do all things within the
2060	commission's jurisdiction which are necessary to effectuate the
2061	purposes and the intent of the compact. The commission may
2062	execute a resolution of ratification to formalize the State of
2063	Florida's entry into the compact. Upon adoption of the Wildlife
2064	Violator Compact, the commission may adopt rules to administer
2065	the provisions of the compact.
2066	(2)  ADMINISTRATIVE REVIEW.--Any action committed or
2067	omitted by the Fish and Wildlife Conservation Commission under
2068	or in the enforcement of the Wildlife Violator Compact created
2069	in s. 379.2255 372.831 is subject to review under chapter 120.
2070	Section 40.  Section 372.74, Florida Statutes, is
2071	renumbered as section 379.2257, Florida Statutes, to read:
2072	379.2257 372.74  Cooperative agreements with U. S. Forest
2073	Service; penalty.--The Fish and Wildlife Conservation Commission
2074	is authorized and empowered:
2075	(1)  To enter into cooperative agreements with the United
2076	States Forest Service for the development of game, bird, fish,
2077	reptile, or fur-bearing animal management and demonstration
2078	projects on and in the Osceola National Forest in Columbia and
2079	Baker Counties, and in the Ocala National Forest in Marion,
2080	Lake, and Putnam Counties and in the Apalachicola National
2081	Forest in Liberty County. Provided, however, that no such
2082	cooperative agreements shall become effective in any county
2083	concerned until confirmed by the board of county commissioners
2084	of such county expressed through appropriate resolution.
2085	(2)  In cooperation with the United States Forest Service,
2086	to make, adopt, promulgate, amend, and repeal rules and
2087	regulations, consistent with law, for the further or better
2088	control of hunting, fishing, and control of wildlife in the
2089	above National Forests or parts thereof; to shorten seasons and
2090	reduce bag limits, or shorten or close seasons on any species of
2091	game, bird, fish, reptile, or fur-bearing animal within the
2092	limits prescribed by the Florida law, in the above enumerated
2093	National Forests or parts thereof, when it shall find after
2094	investigation that such action is necessary to assure the
2095	maintenance of an adequate supply of wildlife.
2096	(3)  To fix a charge not to exceed $5, for persons 18 years
2097	of age and over, and not to exceed $2 for persons under the age
2098	of 18 years, over and above the license fee for hunting now
2099	required by law. This additional fee is to apply only on areas
2100	covered by above cooperative agreements. The proceeds from this
2101	additional license fee shall be used in the development,
2102	propagation of wildlife, and protection of the areas covered by
2103	the cooperative agreements as the commission and the United
2104	States Forest Service may deem proper. Nothing in this section
2105	shall be construed as authorizing the commission to change any
2106	penalty prescribed by law or to change the amount of general
2107	license fees or the general authority conferred by licenses
2108	prescribed by law.
2109	(4)  In addition to the requirements of chapter 120, notice
2110	of the making, adoption, and promulgation of the above rules and
2111	regulations shall be given by posting said notices, or copies of
2112	the rules and regulations, in the offices of the county judges
2113	and in the post offices within the area to be affected and
2114	within 10 miles thereof. In addition to the posting of said
2115	notices, as aforesaid, copies of said notices or of said rules
2116	and regulations shall also be published in newspapers published
2117	at the county seats of Baker, Columbia, Marion, Lake, Putnam,
2118	and Liberty Counties, or so many thereof as have newspapers,
2119	once not more than 35 nor less than 28 days and once not more
2120	than 21 nor less than 14 days prior to the opening of the state
2121	hunting season in said areas. Any person violating any rules or
2122	regulations promulgated by the commission to cover these areas
2123	under cooperative agreements between the Fish and Wildlife
2124	Conservation Commission and the United States Forest Service,
2125	none of which shall be in conflict with the laws of Florida,
2126	shall be guilty of a misdemeanor of the second degree,
2127	punishable as provided in s. 775.082 or s. 775.083.
2128	Section 41.  Section 372.77, Florida Statutes, is
2129	renumbered as section 379.2258, Florida Statutes, to read:
2130	379.2258 372.77  Assent to provisions of Act of Congress of
2131	September 2, 1937.--
2132	(1)  The state hereby assents to the provisions of the Act
2133	of Congress entitled "An Act to provide that the United States
2134	shall aid the States in Wildlife Restoration Projects, and for
2135	other purposes," approved September 2, 1937 (Pub. L. No. 415,
2136	75th Congress), and the Fish and Wildlife Conservation
2137	Commission is hereby authorized, empowered, and directed to
2138	perform such acts as may be necessary to the conduct and
2139	establishment of cooperative wildlife restoration projects, as
2140	defined in said Act of Congress, in compliance with said act and
2141	rules and regulations promulgated by the Secretary of
2142	Agriculture thereunder.
2143	(2)  From and after the passage of this section it shall be
2144	unlawful to divert any funds accruing to the state from license
2145	fees paid by hunters for any purpose other than the
2146	administration of the Fish and Wildlife Conservation Commission
2147	of the state.
2148	Section 42.  Section 372.7701, Florida Statutes, is
2149	renumbered as section 379.2259, Florida Statutes, and amended to
2150	read:
2151	379.2259 372.7701  Assent to federal acts.--
2152	(1)  The state hereby assents to the provisions of the
2153	Federal Aid in Fish Restoration Act of August 9, 1950, as
2154	amended. The Fish and Wildlife Conservation Commission shall
2155	perform such activities as are necessary to conduct wildlife and
2156	sportfish restoration projects, as defined in such Act of
2157	Congress and in compliance with the act and rules adopted
2158	thereunder by the United States Department of the Interior.
2159	Furthermore, the commission shall develop and implement programs
2160	to manage, protect, restore, and conserve marine mammals and the
2161	marine fishery and shall develop and implement similar programs
2162	for wild animal life and freshwater aquatic life.
2163	(2)  Revenues from fees paid by hunters and sport fishers
2164	may not be diverted to purposes other than the administration of
2165	fish and wildlife programs by the Fish and Wildlife Conservation
2166	Commission. Administration of the state fish and wildlife
2167	programs includes only those functions of fish and wildlife
2168	management as are the responsibility of and under the authority
2169	of the Fish and Wildlife Conservation Commission.
2170	(3)  This section shall be construed in harmony with s.
2171	379.2258 372.77.
2172	Section 43.  Section 370.21, Florida Statutes, is
2173	renumbered as section 379.226, Florida Statutes, and amended to
2174	read:
2175	379.226 370.21  Florida Territorial Waters Act; alien-owned
2176	commercial fishing vessels; prohibited acts; enforcement.--
2177	(1)  This act may be known and cited as the "Florida
2178	Territorial Waters Act."
2179	(2)  It is the purpose of this act to exercise and exert
2180	full sovereignty and control of the territorial waters of the
2181	state.
2182	(3)  No license shall be issued by the Fish and Wildlife
2183	Conservation Commission under s. 379.361 370.06, to any vessel
2184	owned in whole or in part by any alien power, which subscribes
2185	to the doctrine of international communism, or any subject or
2186	national thereof, who subscribes to the doctrine of
2187	international communism, or any individual who subscribes to the
2188	doctrine of international communism, or who shall have signed a
2189	treaty of trade, friendship and alliance or a nonaggression pact
2190	with any communist power. The commission shall grant or withhold
2191	said licenses where other alien vessels are involved on the
2192	basis of reciprocity and retorsion, unless the nation concerned
2193	shall be designated as a friendly ally or neutral by a formal
2194	suggestion transmitted to the Governor of Florida by the
2195	Secretary of State of the United States. Upon the receipt of
2196	such suggestion licenses shall be granted under s. 379.361
2197	370.06, without regard to reciprocity and retorsion, to vessels
2198	of such nations.
2199	(4)  It is unlawful for any unlicensed alien vessel to take
2200	by any means whatsoever, attempt to take, or having so taken to
2201	possess, any natural resource of the state's territorial waters,
2202	as such waters are described by Art. II of the State
2203	Constitution.
2204	(5)  It is the duty of all harbormasters of the state to
2205	prevent the use of any port facility in a manner which they
2206	reasonably suspect may assist in the violation of this act.
2207	Harbormasters shall endeavor by all reasonable means, which may
2208	include the inspection of nautical logs, to ascertain from
2209	masters of newly arrived vessels of all types other than
2210	warships of the United States, the presence of alien commercial
2211	fishing vessels within the territorial waters of the state, and
2212	shall transmit such information promptly to the Fish and
2213	Wildlife Conservation Commission and such law enforcement
2214	agencies of the state as the situation may indicate.
2215	Harbormasters shall request assistance from the United States
2216	Coast Guard in appropriate cases to prevent unauthorized
2217	departure from any port facility.
2218	(6)  All licensed harbor pilots are required to promptly
2219	transmit any knowledge coming to their attention regarding
2220	possible violations of this act to the harbormaster of the port
2221	or the appropriate law enforcement officials.
2222	(7)  All law enforcement agencies of the state, including
2223	but not limited to sheriffs and officers of the Fish and
2224	Wildlife Conservation Commission, are empowered and directed to
2225	arrest the masters and crews of vessels who are reasonably
2226	believed to be in violation of this law, and to seize and detain
2227	such vessels, their equipment and catch. Such arresting officers
2228	shall take the offending crews or property before the court
2229	having jurisdiction of such offenses. All such agencies are
2230	directed to request assistance from the United States Coast
2231	Guard in the enforcement of this act when having knowledge of
2232	vessels operating in violation or probable violation of this act
2233	within their jurisdictions when such agencies are without means
2234	to effectuate arrest and restraint of vessels and their crews.
2235	(8)  The fine or imprisonment of persons and confiscation
2236	proceedings against vessels, gear and catch prescribed for
2237	violations of this chapter, shall be imposed for violation of
2238	this act; provided that nothing herein shall authorize the
2239	repurchase of property for a nominal sum by the owner upon proof
2240	of lack of complicity in the violation or undertaking.
2241	(9)  No crew member or master seeking bona fide political
2242	asylum shall be fined or imprisoned hereunder.
2243	(10)  Harbormasters and law enforcement agencies are
2244	authorized to request assistance from the Civil Air Patrol in
2245	the surveillance of suspect vessels. Aircraft of the Division of
2246	Forestry of the Department of Agriculture and Consumer Services
2247	or other state or county agencies which are conveniently located
2248	and not otherwise occupied may be similarly utilized.
2249	Section 44.  Section 370.06092, Florida Statutes, is
2250	renumbered as section 379.2271, Florida Statutes, to read:
2251	379.2271 370.06092  Harmful-Algal-Bloom Task Force.--
2252	(1)  There is established a Harmful-Algal-Bloom Task Force
2253	for the purpose of determining research, monitoring, control,
2254	and mitigation strategies for red tide and other harmful algal
2255	blooms in Florida waters. The Fish and Wildlife Research
2256	Institute shall appoint to the task force scientists, engineers,
2257	economists, members of citizen groups, and members of
2258	government. The task force shall determine research and
2259	monitoring priorities and control and mitigation strategies and
2260	make recommendations to the Fish and Wildlife Research Institute
2261	for using funds as provided in this act.
2262	(2)  The Harmful-Algal-Bloom Task Force shall:
2263	(a)  Review the status and adequacy of information for
2264	monitoring physical, chemical, biological, economic, and public
2265	health factors affecting harmful algal blooms in Florida;
2266	(b)  Develop research and monitoring priorities for harmful
2267	algal blooms in Florida, including detection, prediction,
2268	mitigation, and control;
2269	(c)  Develop recommendations that can be implemented by
2270	state and local governments to develop a response plan and to
2271	predict, mitigate, and control the effects of harmful algal
2272	blooms; and
2273	(d)  Make recommendations to the Fish and Wildlife Research
2274	Institute for research, detection, monitoring, prediction,
2275	mitigation, and control of harmful algal blooms in Florida.
2276	Section 45.  Section 370.06093, Florida Statutes, is
2277	renumbered as section 379.2272, Florida Statutes, to read:
2278	379.2272 370.06093  Harmful-algal-bloom program;
2279	implementation; goals; funding.--
2280	(1)(a)  The Fish and Wildlife Research Institute shall
2281	implement a program designed to increase the knowledge of
2282	factors that control harmful algal blooms, including red tide,
2283	and to gain knowledge to be used for the early detection of
2284	factors precipitating harmful algal blooms for accurate
2285	prediction of the extent and seriousness of harmful algal blooms
2286	and for undertaking successful efforts to control and mitigate
2287	the effects of harmful algal blooms.
2288	(b)  The Legislature intends that this program enhance and
2289	address areas that are not adequately covered in the cooperative
2290	federal-state program known as Ecology and Oceanography of
2291	Harmful Algal Blooms (ECOHAB-Florida), which includes the
2292	University of South Florida, the Mote Marine Laboratory, and the
2293	Fish and Wildlife Research Institute.
2294	(c)  The goal of this program is to enable resource
2295	managers to assess the potential for public health damage and
2296	economic damage from a given bloom and to undertake control and
2297	mitigation efforts through the development and application of an
2298	integrated detection and prediction network for monitoring and
2299	responding to the development and movement of harmful algal
2300	blooms in Florida marine and estuarine waters.
2301	(2)  A financial disbursement program is created within the
2302	Fish and Wildlife Research Institute to implement the provisions
2303	of this act. Under the program, the institute shall provide
2304	funding and technical assistance to government agencies,
2305	research universities, coastal local governments, and
2306	organizations with scientific and technical expertise for the
2307	purposes of harmful-algal-bloom research, economic impact study,
2308	monitoring, detection, control, and mitigation. The program may
2309	be funded from state, federal, and private contributions.
2310	Section 46.  Section 372.97, Florida Statutes, is
2311	renumbered as section 379.2281, Florida Statutes, to read:
2312	379.2281 372.97  Jim Woodruff Dam; reciprocity
2313	agreements.--The Fish and Wildlife Conservation Commission of
2314	the state is hereby authorized to enter into an agreement of the
2315	reciprocity with the game and fish commissioners or the
2316	appropriate officials or departments of the State of Georgia and
2317	the State of Alabama relative to the taking of game and
2318	freshwater fish from the waters of the lake created by the Jim
2319	Woodruff Dam by permitting reciprocal license privileges.
2320	Section 47.  Section 372.971, Florida Statutes, is
2321	renumbered as section 379.2282, Florida Statutes, to read:
2322	379.2282 372.971  St. Marys River; reciprocity
2323	agreements.--The Fish and Wildlife Conservation Commission of
2324	the state is hereby authorized to enter into an agreement of
2325	reciprocity with the game and fish commissioner or the
2326	appropriate officials or departments of the State of Georgia
2327	relative to the taking of game and freshwater fish from the
2328	waters of the St. Marys River by permitting reciprocal agreement
2329	license privileges.
2330	Section 48.  Section 372.072, Florida Statutes, is
2331	renumbered as 379.2291, Florida Statutes, to read:
2332	379.2291 372.072  Endangered and Threatened Species Act.--
2333	(1)  SHORT TITLE.--This section may be cited as the
2334	"Florida Endangered and Threatened Species Act."
2335	(2)  DECLARATION OF POLICY.--The Legislature recognizes
2336	that the State of Florida harbors a wide diversity of fish and
2337	wildlife and that it is the policy of this state to conserve and
2338	wisely manage these resources, with particular attention to
2339	those species defined by the Fish and Wildlife Conservation
2340	Commission, the Department of Environmental Protection, or the
2341	United States Department of Interior, or successor agencies, as
2342	being endangered or threatened. As Florida has more endangered
2343	and threatened species than any other continental state, it is
2344	the intent of the Legislature to provide for research and
2345	management to conserve and protect these species as a natural
2346	resource.
2347	(3)  DEFINITIONS.--As used in this section:
2348	(a)  "Fish and wildlife" means any member of the animal
2349	kingdom, including, but not limited to, any mammal, fish, bird,
2350	amphibian, reptile, mollusk, crustacean, arthropod, or other
2351	invertebrate.
2352	(b)  "Endangered species" means any species of fish and
2353	wildlife naturally occurring in Florida, whose prospects of
2354	survival are in jeopardy due to modification or loss of habitat;
2355	overutilization for commercial, sporting, scientific, or
2356	educational purposes; disease; predation; inadequacy of
2357	regulatory mechanisms; or other natural or manmade factors
2358	affecting its continued existence.
2359	(c)  "Threatened species" means any species of fish and
2360	wildlife naturally occurring in Florida which may not be in
2361	immediate danger of extinction, but which exists in such small
2362	populations as to become endangered if it is subjected to
2363	increased stress as a result of further modification of its
2364	environment.
2365	(4)  INTERAGENCY COORDINATION.--
2366	(a)  The commission shall be responsible for research and
2367	management of freshwater and upland species and for research and
2368	management of marine species.
2369	(b)  Recognizing that citizen awareness is a key element in
2370	the success of this plan, the commission and the Department of
2371	Education are encouraged to work together to develop a public
2372	education program with emphasis on, but not limited to, both
2373	public and private schools.
2374	(c)  The commission, in consultation with the Department of
2375	Agriculture and Consumer Services, the Department of Community
2376	Affairs, or the Department of Transportation, may establish
2377	reduced speed zones along roads, streets, and highways to
2378	protect endangered species or threatened species.
2379	(5)  ANNUAL REPORT.--The director of the commission shall,
2380	at least 30 days prior to each annual session of the
2381	Legislature, transmit to the Governor and Cabinet, the President
2382	of the Senate, the Speaker of the House of Representatives, and
2383	the chairs of the appropriate Senate and House committees, a
2384	revised and updated plan for management and conservation of
2385	endangered and threatened species, including criteria for
2386	research and management priorities; a description of the
2387	educational program; statewide policies pertaining to protection
2388	of endangered and threatened species; additional legislation
2389	which may be required; and the recommended level of funding for
2390	the following year, along with a progress report and budget
2391	request.
2392	(6)  MEASURABLE BIOLOGICAL GOALS.--Measurable biological
2393	goals that define manatee recovery developed by the commission,
2394	working in conjunction with the United States Fish and Wildlife
2395	Service, shall be used by the commission in its development of
2396	management plans or work plans. In addition to other criteria,
2397	these measurable biological goals shall be used by the
2398	commission when evaluating existing and proposed protection
2399	rules, and in determining progress in achieving manatee
2400	recovery. Not later than July 1, 2005, the commission shall
2401	develop rules to define how measurable biological goals will be
2402	used by the commission when evaluating the need for additional
2403	manatee protection rules.
2404	Section 49.  Section 372.073, Florida Statutes, is
2405	renumbered as section 379.2292, Florida Statutes, and amended to
2406	read:
2407	379.2292 372.073  Endangered and Threatened Species Reward
2408	Program.--
2409	(1)  There is established within the Fish and Wildlife
2410	Conservation Commission the Endangered and Threatened Species
2411	Reward Program, to be funded from the Nongame Wildlife Trust
2412	Fund. The commission may post rewards to persons responsible for
2413	providing information leading to the arrest and conviction of
2414	persons illegally killing or wounding or wrongfully possessing
2415	any of the endangered and threatened species listed on the
2416	official Florida list of such species maintained by the
2417	commission or the arrest and conviction of persons who violate
2418	s. 379.4115 s. 372.667 or s. 372.671. Additional funds may be
2419	provided by donations from interested individuals and
2420	organizations. The reward program is to be administered by the
2421	commission. The commission shall establish a schedule of
2422	rewards.
2423	(2)  The commission may expend funds only for the following
2424	purposes:
2425	(a)  The payment of rewards to persons, other than law
2426	enforcement officers, commission personnel, and members of their
2427	immediate families, for information as specified in subsection
2428	(1); or
2429	(b)  The promotion of public recognition and awareness of
2430	the Endangered and Threatened Species Reward Program.
2431	Section 50.  Section 372.771, Florida Statutes, is
2432	renumbered as section 379.23, Florida Statutes, to read:
2433	379.23 372.771  Federal conservation of fish and wildlife;
2434	limited jurisdiction.--
2435	(1)  Consent of the State of Florida is hereby given, to
2436	the United States for acquisition of lands, waters, or lands and
2437	waters or interests therein, for the purpose of managing,
2438	protecting and propagating fish and wildlife and for other
2439	conservation uses in the state, providing prior notice has been
2440	given by the Federal Government to the Board of Trustees of the
2441	Internal Improvement Trust Fund, the board of county
2442	commissioners of the county where the lands proposed for
2443	purchase are located, of such proposed action stating the
2444	specific use to be made of and the specific location and
2445	description of such lands desired by the Federal Government for
2446	any such conservation use, and that such plans for acquisition
2447	and use of said lands be approved by the Board of Trustees of
2448	the Internal Improvement Trust Fund, the board of county
2449	commissioners of the county where the lands proposed for
2450	purchase are located; provided further that nothing herein
2451	contained shall be construed to give the consent of the State of
2452	Florida to the acquisition by the United States of lands,
2453	waters, or lands and waters, or interests therein, through
2454	exercise of the power of eminent domain; provided further that
2455	the provisions of this act shall not apply to lands owned by the
2456	several counties or by public corporations.
2457	(2)  The United States may exercise concurrent jurisdiction
2458	over lands so acquired and carry out the intent and purpose of
2459	the authority except that the existing laws of Florida relating
2460	to the Department of Environmental Protection or the Fish and
2461	Wildlife Conservation Commission shall prevail relating to any
2462	area under their supervision.
2463	Section 51.  Section 372.265, Florida Statutes, is
2464	renumbered as section 379.231, Florida Statutes, and amended to
2465	read:
2466	379.231 372.265  Regulation of foreign animals.--
2467	(1)  It is unlawful to import for sale or use, or to
2468	release within this state, any species of the animal kingdom not
2469	indigenous to Florida without having obtained a permit to do so
2470	from the Fish and Wildlife Conservation Commission.
2471	(2)  The Fish and Wildlife Conservation Commission is
2472	authorized to issue or deny such a permit upon the completion of
2473	studies of the species made by it to determine any detrimental
2474	effect the species might have on the ecology of the state.
2475	(3)  A person in violation of this section commits a Level
2476	Three violation under s. 379.401 372.83.
2477	Section 52.  Section 370.03, Florida Statutes, is
2478	renumbered as section 379.232, Florida Statutes, to read:
2479	379.232 370.03  Water bottoms.--
2480	(1)  OWNERSHIP.--All beds and bottoms of navigable rivers,
2481	bayous, lagoons, lakes, bays, sounds, inlets, oceans, gulfs and
2482	other bodies of water within the jurisdiction of Florida shall
2483	be the property of the state except such as may be held under
2484	some grant or alienation heretofore made. No grant, sale or
2485	conveyance of any water bottom, except conditional leases and
2486	dispositions hereinafter provided for, shall hereafter be made
2487	by the state, the Board of Trustees of the Internal Improvement
2488	Trust Fund, the Department of Agriculture and Consumer Services,
2489	or any other official or political corporation. Persons who have
2490	received, or may hereafter receive permits to do business in
2491	this state, with their factories, shucking plants and shipping
2492	depots located in this state, may enjoy the right of fishing for
2493	oysters and clams from the natural reefs and bedding oysters and
2494	clams on leased bedding grounds, and shall have the right to
2495	employ such boats, vessels, or labor and assistants as they may
2496	need. Provided that no oysters shall be transported unshucked
2497	and in the shells, out of the state, except for use in what is
2498	commonly known as the "half-shell trade." When the oyster meats
2499	have been separated from the shells it shall be permissible to
2500	ship the meats out of the state for further processing and for
2501	canning or packing. It shall be unlawful to transport oysters
2502	out of the state, unshucked and in the shells, for processing or
2503	packing.
2504	(2)  CONTROL.--The Department of Environmental Protection
2505	has exclusive power and control over all water bottoms, not held
2506	under some grant or alienation heretofore made, including such
2507	as may revert to the state by cancellation or otherwise, and may
2508	lease the same to any person irrespective of residence or
2509	citizenship, upon such terms, conditions and restrictions as
2510	said division may elect to impose, without limitation as to area
2511	to any one person, for the purpose of granting exclusive right
2512	to plant oysters or clams thereon and for the purpose of
2513	fishing, taking, catching, bedding and raising oysters, clams
2514	and other shellfish. No such lessee shall re-lease, sublease,
2515	sell or transfer any such water bottom or property; provided,
2516	that nothing herein contained shall be construed as giving said
2517	department authority to lease sponge beds.
2518	(3)  FEES FOR BOTTOM LEASES, ETC.--The department shall
2519	charge and receive a fee of $2 for each lease granted, and in
2520	all other cases, not specifically provided by this chapter, the
2521	same fees as are allowed clerks of the circuit court for like
2522	services. All fees shall be paid by the party served.
2523	(4)  CONFIRMATION OF FORMER GRANTS; PROVISO.--All grants
2524	prior to June 1, 1913, made in pursuance of heretofore existing
2525	laws, where the person receiving such grant, the person's heirs
2526	or assigns, have bona fide complied with the requirements of
2527	said law, are hereby confirmed; provided, that if any material
2528	or natural oyster or clam reefs or beds on such granted premises
2529	are 100 square yards in area and contained natural oysters and
2530	clams (coon oysters not included) in sufficient quantity to have
2531	been resorted to by the general public for the purpose of
2532	gathering oysters or clams to sell for a livelihood, at the time
2533	they were planted by such grantee, his or her heirs or assigns,
2534	such reefs or beds are declared to be the property of the state;
2535	and when such beds or reefs exist within the territory
2536	heretofore granted as above set forth, or that may hereafter be
2537	leased, such grantee or lessee shall mark the boundaries of such
2538	oyster and clam reefs or beds as may be designated by the
2539	department as natural oyster or clam reefs or beds, clearly
2540	defining the boundaries of the same, and shall post notice or
2541	other device, as shall be required by the department, giving
2542	notice to the public that such oyster or clam beds or reefs are
2543	the property of the state, which said notice shall be maintained
2544	from September 1 to June 1 of each and every year, on each
2545	oyster bed or reef and on each clam bed for such period of each
2546	year as the board may direct, at the expense of the grantee or
2547	lessee. The department shall investigate all grants heretofore
2548	made, and where, in its opinion, the lessee or grantee has not
2549	bona fide complied with the law under which he or she received
2550	his or her grant or lease, and the department is authorized and
2551	required to institute legal proceedings to vacate the same, in
2552	order to use such lands for the benefit of the public, subject
2553	to the same dispositions as other bottoms.
2554	Section 53.  Section 372.995, Florida Statutes, is
2555	renumbered as section 379.233, Florida Statutes, to read:
2556	379.233 372.995  Release of balloons.--
2557	(1)  The Legislature finds that the release into the
2558	atmosphere of large numbers of balloons inflated with lighter-
2559	than-air gases poses a danger and nuisance to the environment,
2560	particularly to wildlife and marine animals.
2561	(2)  It is unlawful for any person, firm, or corporation to
2562	intentionally release, organize the release, or intentionally
2563	cause to be released within a 24-hour period 10 or more balloons
2564	inflated with a gas that is lighter than air except for:
2565	(a)  Balloons released by a person on behalf of a
2566	governmental agency or pursuant to a governmental contract for
2567	scientific or meteorological purposes;
2568	(b)  Hot air balloons that are recovered after launching;
2569	(c)  Balloons released indoors; or
2570	(d)  Balloons that are either biodegradable or
2571	photodegradable, as determined by rule of the Fish and Wildlife
2572	Conservation Commission, and which are closed by a hand-tied
2573	knot in the stem of the balloon without string, ribbon, or other
2574	attachments. In the event that any balloons are released
2575	pursuant to the exemption established in this paragraph, the
2576	party responsible for the release shall make available to any
2577	law enforcement officer evidence of the biodegradability or
2578	photodegradability of said balloons in the form of a certificate
2579	executed by the manufacturer. Failure to provide said evidence
2580	shall be prima facie evidence of a violation of this act.
2581	(3)  Any person who violates subsection (2) is guilty of a
2582	noncriminal infraction, punishable by a fine of $250.
2583	(4)  Any person may petition the circuit court to enjoin
2584	the release of 10 or more balloons if that person is a citizen
2585	of the county in which the balloons are to be released.
2586	Section 54.  Subsection (7) of section 370.021, Florida
2587	Statutes, is renumbered as section 379.2341, Florida Statutes,
2588	and amended to read:
2589	379.2341  Publications by the commission.--
2590	(7)  The commission is given authority, from time to time
2591	in its discretion, to cause the statutory laws under its
2592	jurisdiction, together with any rules promulgated by it, to be
2593	published in pamphlet form for free distribution in this state.
2594	The commission is authorized to make charges for technical and
2595	educational publications and mimeographed material of use for
2596	educational or reference purposes. Such charges shall be made at
2597	the discretion of the commission. Such charges may be sufficient
2598	to cover cost of preparation, printing, publishing, and
2599	distribution. All moneys received for publications shall be
2600	deposited into the fund from which the cost of the publication
2601	was paid. The commission is further authorized to enter into
2602	agreements with persons, firms, corporations, governmental
2603	agencies, and other institutions whereby publications may be
2604	exchanged reciprocally in lieu of payments for said
2605	publications.
2606	Section 55.  Section 372.0222, Florida Statutes, is
2607	renumbered as section 379.2342, Florida Statutes, to read:
2608	379.2342 372.0222  Private publication agreements;
2609	advertising; costs of production.--
2610	(1)  The Fish and Wildlife Conservation Commission may
2611	enter into agreements to secure the private publication of
2612	public information brochures, pamphlets, audiotapes, videotapes,
2613	and related materials for distribution without charge to the
2614	public and, in furtherance thereof, is authorized to:
2615	(a)  Enter into agreements with private vendors for the
2616	publication or production of such public information materials,
2617	whereby the costs of publication or production will be borne in
2618	whole or in part by the vendor or the vendor shall provide
2619	additional compensation in return for the right of the vendor to
2620	select, sell, and place advertising which publicizes products or
2621	services related to and harmonious with the subject matter of
2622	the publication.
2623	(b)  Retain the right, by agreement, to approve all
2624	elements of any advertising placed in such public information
2625	materials, including the form and content thereof.
2626	(2)(a)  Beginning January 1, 2005, the commission, with the
2627	advice and assistance of the Florida Wildlife Magazine Advisory
2628	Council, shall publish the Florida Wildlife Magazine. The
2629	magazine shall be published at least on a quarterly basis in
2630	hard-copy format and shall be available to the public by
2631	subscription and retail distribution. The primary focus of the
2632	magazine shall be to promote the heritage of hunting and fishing
2633	in Florida. The magazine shall also disseminate information
2634	regarding other outdoor recreational opportunities available to
2635	Floridians and visitors.
2636	(b)  In order to offset the cost of publication and
2637	distribution of the magazine, the commission, with the advice
2638	and assistance of the Florida Wildlife Magazine Advisory
2639	Council, is authorized to sell advertising for placement in the
2640	magazine. The commission shall have the right to approve all
2641	elements of any advertising placed in the magazine, including
2642	the form and content thereof. The magazine shall include a
2643	statement providing that the inclusion of advertising in the
2644	magazine does not constitute an endorsement by the state or the
2645	commission of the products or services so advertised. The
2646	commission may charge an annual magazine subscription fee of up
2647	to $25, a 2-year magazine subscription fee of up to $45, and a
2648	3-year magazine subscription fee of up to $60. The commission
2649	may charge a retail per copy fee of up to $7. The provisions of
2650	chapter 287 do not apply to the sale of advertising for
2651	placement in the magazine. All revenues generated by the
2652	magazine shall be credited to the State Game Trust Fund.
2653	(c)  The Florida Wildlife Magazine Advisory Council is
2654	created within the commission to advise and make recommendations
2655	to the commission regarding development, publication, and sale
2656	of the Florida Wildlife Magazine. In order to accomplish this
2657	purpose, the council shall provide recommendations to the
2658	commission regarding:
2659	1.  The content of articles included in each edition of the
2660	magazine.
2661	2.  Advertising proposed for each edition of the magazine.
2662	3.  Strategies to improve distribution and circulation of
2663	the magazine.
2664	4.  Cost-reduction measures regarding publication of the
2665	magazine.
2666	(d)  The Florida Wildlife Magazine Advisory Council shall
2667	consist of seven members appointed by the commission, and
2668	initial appointments shall be made no later than August 1, 2004.
2669	When making initial appointments to the council and filling
2670	vacancies, the commission shall appoint members to represent the
2671	following interests: hunting; saltwater fishing; freshwater
2672	fishing; recreational boating; recreational use of off-road
2673	vehicles; hiking, biking, bird watching, or similar passive
2674	activities; general business interests; and magazine publishing.
2675	(e)  Two of the initial appointees shall serve 2-year
2676	terms, two of the initial appointees shall serve 3-year terms,
2677	and three of the initial appointees shall serve 4-year terms.
2678	Subsequent to the expiration of the initial terms, advisory
2679	council appointees shall serve 4-year terms.
2680	(f)  The members of the advisory council shall elect a
2681	chair annually.
2682	(g)  The council shall meet at least quarterly at the call
2683	of its chair, at the request of a majority of its membership, or
2684	at the request of the commission. A majority of the council
2685	shall constitute a quorum for the transaction of business.
2686	(h)  The commission shall provide the council with
2687	clerical, expert, technical, or other services. All expenses of
2688	the council shall be paid from appropriations made by the
2689	Legislature to the commission. All vouchers shall be approved by
2690	the executive director before submission to the Chief Financial
2691	Officer for payment.
2692	(i)  Members of the council shall serve without
2693	compensation but shall receive per diem and reimbursement for
2694	travel expenses as provided in s. 112.061.
2695	(j)  Advisory council members may be reappointed. Advisory
2696	council members shall serve at the pleasure of the commission.
2697	(3)  Any public information materials produced pursuant to
2698	this section and containing advertising of any kind shall
2699	include a statement providing that the inclusion of advertising
2700	in such material does not constitute an endorsement by the state
2701	or commission of the products or services so advertised.
2702	(4)  The Fish and Wildlife Conservation Commission may
2703	enter into agreements with private vendors for vendor
2704	advertisement for the purpose of offsetting expenses relating to
2705	license issuance, and, in furtherance thereof, is authorized to:
2706	(a)  Retain the right, by agreement, to approve all
2707	elements of such advertising, including the form or content.
2708	(b)  Require that any advertising of any kind contracted
2709	pursuant to this section shall include a statement providing
2710	that the advertising does not constitute an endorsement by the
2711	state or commission of the products or services to be so
2712	advertised.
2713	(5)  The commission shall collect, edit, publish, and print
2714	pamphlets, papers, manuscripts, documents, books, monographs,
2715	and other materials relating to fish and wildlife conservation
2716	and may establish and impose a reasonable charge for such
2717	materials to cover costs of production and distribution in whole
2718	or part and may contract for the marketing, sale, and
2719	distribution of such publications and materials; except that no
2720	charge shall be imposed for materials designed to provide the
2721	public with essential information concerning fish and wildlife
2722	regulations and matters of public safety.
2723	(6)  The commission shall provide services and information
2724	designed to inform Floridians and visitors about Florida's
2725	unique and diverse fish, game, and wildlife, and make it
2726	available by means of commonly used media. For the
2727	accomplishment of those purposes, the commission may make
2728	expenditures to:
2729	(a)  Encourage and cooperate with public and private
2730	organizations or groups to publicize to residents and visitors
2731	the diversity of fish, game, and wildlife, and related
2732	recreation opportunities of the state, including the
2733	establishment of and expenditure for a program of cooperative
2734	advertising or sponsorships, or partnerships with the public and
2735	private organizations and groups in accordance with rules
2736	adopted by the commission under chapter 120.
2737	(b)  Charge and collect a reasonable fee for researching or
2738	compiling information or other services which, in its judgment,
2739	should not be free to those requesting the information,
2740	research, handling, material, publication, or other services.
2741	Any amounts of money received by the commission from such
2742	sources shall be restored to the appropriations of the
2743	commission, and any unexpended funds shall be deposited into the
2744	State Game Trust Fund and made available to the commission for
2745	use in performing its duties, powers, and purposes.
2746	(c)  Charge and collect registration fees at conferences,
2747	seminars, and other meetings conducted in furtherance of the
2748	duties, powers, and purposes of the commission. Any funds
2749	collected under this paragraph which remain unexpended after the
2750	expenses of the conference, seminar, or meeting have been paid
2751	shall be deposited into the State Game Trust Fund and made
2752	available to the commission for use in performing its duties,
2753	powers, and purposes.
2754	(d)  Purchase and distribute promotional items to increase
2755	public awareness regarding boating safety and other programs
2756	that promote public safety or resource conservation.
2757	(7)  Notwithstanding the provisions of part I of chapter
2758	287, the commission may adopt rules for the purpose of entering
2759	into contracts that are primarily for promotional and
2760	advertising services and promotional events which may include
2761	the authority to negotiate costs with offerors of such services
2762	and commodities who have been determined to be qualified on the
2763	basis of technical merit, creative ability, and professional
2764	competency.
2765	Section 56.  Section 370.1103, Florida Statutes, is
2766	renumbered as section 379.2351, Florida Statutes, to read:
2767	379.2351 370.1103  Land-based commercial and recreational
2768	fishing activities; legislative findings and purpose;
2769	definitions; legal protection; local ordinances; prohibited
2770	activity.--
2771	(1)  LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature
2772	finds that commercial and recreational fishing constitute
2773	activities of statewide importance and that the continuation of
2774	commercial and recreational fishing will benefit the health and
2775	welfare of the people of this state. The Legislature further
2776	finds that commercial and recreational fishing operations
2777	conducted in developing and urbanizing areas are potentially
2778	subject to curtailment as a result of local government zoning
2779	and nuisance ordinances which may unreasonably force the closure
2780	of productive commercial and recreational fishing operations. It
2781	is the purpose of this act to prevent the curtailment or
2782	abolishment of commercial and recreational fishing operations
2783	solely because the area in which they are located has changed in
2784	character or the operations are displeasing to neighboring
2785	residents.
2786	(2)  DEFINITIONS.--As used in this act, "commercial fishing
2787	operation" means any type of activity conducted on land,
2788	requiring the location or storage of commercial fishing
2789	equipment such as fishing vessels, fishing gear, docks, piers,
2790	loading areas, landing areas, and cold storage facilities,
2791	including any activity necessary to prepare finfish or shellfish
2792	for refrigeration. This definition does not include operations
2793	with the sole or primary function of processing seafood.
2794	(3)  LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL
2795	FISHING OPERATIONS.--No commercial or recreational fishing
2796	operation shall be declared a public or private nuisance solely
2797	because of a change in ownership or a change in the character of
2798	the property in or around the locality of the operation.
2799	(4)  LOCAL ORDINANCE.--No local governing authority shall
2800	adopt any ordinance that declares any commercial or recreational
2801	fishing operation to be a nuisance solely because it is a
2802	commercial or recreational fishing operation, or any zoning
2803	ordinance that unreasonably forces the closure of any commercial
2804	or recreational fishing operation. Nothing in this act shall
2805	prevent a local government from regulating commercial and
2806	recreational fishing operations, including by requiring the use
2807	of methods, structures, or appliances where such use will
2808	prevent, ameliorate, or remove conditions which create or may
2809	create a nuisance or, pursuant to the applicable local zoning
2810	code, by declaring a commercial or recreational fishing
2811	operation to be a nonconforming use.
2812	(5)  WHEN EXPANSION OF OPERATION NOT PERMITTED.--This act
2813	shall not be construed to permit an existing commercial or
2814	recreational fishing operation to change to a larger operation
2815	with regard to emitting more noise or odor, where such change
2816	violates local ordinances or regulations or creates a nuisance.
2817	Section 57.  Section 370.27, Florida Statutes, is
2818	renumbered as section 379.2352, Florida Statutes, to read:
2819	379.2352 370.27  State employment; priority consideration
2820	for qualified displaced employees of the saltwater fishing
2821	industry.--All state agencies must give priority consideration
2822	to any job applicant who is able to document the loss of full-
2823	time employment in the commercial saltwater fishing industry as
2824	a result of the adoption of the constitutional amendment
2825	limiting the use of nets to harvest marine species, provided the
2826	applicant meets the minimum requirements for the position
2827	sought.
2828	Section 58.  Section 370.28, Florida Statutes, is
2829	renumbered as section 379.2353, Florida Statutes, to read:
2830	379.2353 370.28  Enterprise zone designation; communities
2831	adversely impacted by net limitations.--
2832	(1)  The Office of Tourism, Trade, and Economic Development
2833	is directed to identify communities suffering adverse impacts
2834	from the adoption of the constitutional amendment limiting the
2835	use of nets to harvest marine species.
2836	(2)(a)  Such communities having a population of fewer than
2837	7,500 persons and such communities in rural and coastal counties
2838	with a county population of fewer than 25,000 may apply to the
2839	Office of Tourism, Trade, and Economic Development by August 15,
2840	1996, for the designation of an area as an enterprise zone. The
2841	community must comply with the requirements of s. 290.0055,
2842	except that, for a community having a total population of 7,500
2843	persons or more but fewer than 20,000 persons, the selected area
2844	may not exceed 5 square miles. Notwithstanding the provisions of
2845	s. 290.0065, limiting the total number of enterprise zones
2846	designated and the number of enterprise zones within a
2847	population category, the Office of Tourism, Trade, and Economic
2848	Development may designate an enterprise zone in eight of the
2849	identified communities. The governing body having jurisdiction
2850	over such area shall create an enterprise zone development
2851	agency pursuant to s. 290.0056 and submit a strategic plan
2852	pursuant to s. 290.0057. Enterprise zones designated pursuant to
2853	this section shall be effective January 1, 1997. Any enterprise
2854	zone designated under this paragraph having an effective date on
2855	or before January 1, 2005, shall continue to exist until
2856	December 31, 2005, but shall cease to exist on December 31,
2857	2005. Any enterprise zone redesignated on or after January 1,
2858	2006, must do so in accordance with the Florida Enterprise Zone
2859	Act.
2860	(b)  Notwithstanding any provisions of this section to the
2861	contrary, communities in coastal counties with a county
2862	population greater than 20,000, which can demonstrate that the
2863	community has historically been a fishing community and has
2864	therefore had a direct adverse impact from the adoption of the
2865	constitutional amendment limiting the use of nets, shall also be
2866	eligible to apply for designation of an area as an enterprise
2867	zone. The community must comply with the requirements of s.
2868	290.0055, except s. 290.0055(3). Such communities shall apply to
2869	the Office of Tourism, Trade, and Economic Development by August
2870	15, 1996. The office may designate one enterprise zone under
2871	this paragraph, which shall be effective January 1, 1997, and
2872	which shall be in addition to the eight zones authorized under
2873	paragraph (a). Any enterprise zone designated under this
2874	paragraph having an effective date on or before January 1, 2005,
2875	shall continue to exist until December 31, 2005, but shall cease
2876	to exist on that date. Any enterprise zone redesignated on or
2877	after January 1, 2006, must do so in accordance with the Florida
2878	Enterprise Zone Act. The governing body having jurisdiction over
2879	such area shall create an enterprise zone development agency
2880	pursuant to s. 290.0056 and submit a strategic plan pursuant to
2881	s. 290.0057.
2882	(3)  For the purpose of nominating and designating areas
2883	pursuant to subsection (2), the requirements set out in s.
2884	290.0058(2) shall not apply.
2885	(4)  Notwithstanding the time limitations contained in
2886	chapters 212 and 220, a business eligible to receive tax credits
2887	under this section from January 1, 1997, to June 1, 1998, must
2888	submit an application for the tax credits by December 1, 1998.
2889	All other requirements of the enterprise zone program apply to
2890	such a business.
2891	Section 59.  Subsection (9) of section 370.021, Florida
2892	Statutes, is renumbered as section 379.236, Florida Statutes,
2893	and amended to read:
2894	379.236  Retention, destruction, and reproduction of
2895	commission records.--
2896	(9)  Records and documents of the commission created in
2897	compliance with and in the implementation of this chapter or
2898	former chapters 370, 371, or 372 chapter 371 shall be retained
2899	by the commission as specified in record retention schedules
2900	established under the general provisions of chapters 119 and
2901	257. Such records retained by the Department of Environmental
2902	Protection on July 1, 1999, shall be transferred to the
2903	commission. Further, the commission is authorized to:
2904	(1)(a)  Destroy, or otherwise dispose of, those records and
2905	documents in conformity with the approved retention schedules.
2906	(2)(b)  Photograph, microphotograph, or reproduce such
2907	records and documents on film, as authorized and directed by the
2908	approved retention schedules, whereby each page will be exposed
2909	in exact conformity with the original records and documents
2910	retained in compliance with the provisions of this section.
2911	Photographs or microphotographs in the form of film or print of
2912	any records, made in compliance with the provisions of this
2913	section, shall have the same force and effect as the originals
2914	thereof would have and shall be treated as originals for the
2915	purpose of their admissibility in evidence. Duly certified or
2916	authenticated reproductions of such photographs or
2917	microphotographs shall be admitted in evidence equally with the
2918	original photographs or microphotographs. The impression of the
2919	seal of the commission on a certificate made pursuant to the
2920	provisions hereof and signed by the executive director of the
2921	commission shall entitle the same to be received in evidence in
2922	all courts and in all proceedings in this state and shall be
2923	prima facie evidence of all factual matters set forth in the
2924	certificate. A certificate may relate to one or more records, as
2925	set forth in the certificate, or in a schedule continued on an
2926	attachment to the certificate.
2927	(3)(c)  Furnish certified copies of such records for a fee
2928	of $1 which shall be deposited in the Marine Resources
2929	Conservation Trust Fund.
2930	Section 60.  Subsection (10) of section 370.021, Florida
2931	Statutes, renumbered as section 379.237, Florida Statutes, and
2932	amended to read:
2933	379.237  Courts of equity may enjoin.--
2934	(10)  COURTS OF EQUITY MAY ENJOIN.--Courts of equity in
2935	this state have jurisdiction to enforce the conservation laws of
2936	this state by injunction.
2937	Section 61.  Section 372.85, Florida Statutes, is
2938	renumbered as section 379.29, Florida Statutes, to read:
2939	379.29 372.85  Contaminating fresh waters.--
2940	(1)  It shall be unlawful for any person or persons, firm
2941	or corporation to cause any dyestuff, coal tar, oil, sawdust,
2942	poison, or deleterious substances to be thrown, run, or drained
2943	into any of the fresh running waters of this state in quantities
2944	sufficient to injure, stupefy, or kill fish which may inhabit
2945	the same at or below the point where any such substances are
2946	discharged, or caused to flow or be thrown into such waters;
2947	provided, that it shall not be a violation of this section for
2948	any person, firm, or corporation engaged in any mining industry
2949	to cause any water handled or used in any branch of such
2950	industry to be discharged on the surface of land where such
2951	industry or branch thereof is being carried on under such
2952	precautionary measures as shall be approved by the Fish and
2953	Wildlife Conservation Commission.
2954	(2)  Any person, firm or corporation violating any of the
2955	provisions of this section shall be guilty of a misdemeanor of
2956	the second degree, punishable as provided in s. 775.082 or s.
2957	775.083 for the first offense, and for the second or subsequent
2958	offense shall be guilty of a misdemeanor of the first degree,
2959	punishable as provided in s. 775.082 or s. 775.083.
2960	Section 62.  Part II of chapter 379, Florida Statutes,
2961	consisting of sections 379.2401, 379.2402, 379.2411, 379.2412,
2962	379.2413, 379.2421, 379.2422, 379.2423, 379.2424, 379.2425,
2963	379.2431, 379.2432, 379.2433, 379.244, 379.245, 379.246,
2964	379.247, 379.248, 379.249, 379.25, 379.2511, 379.2512, 379.2521,
2965	379.2522, 379.2523, 379.2524, and 379.2525, is created to read:
2966	PART II
2967	MARINE LIFE
2968
2969	Section 63.  Section 370.025, Florida Statutes, is
2970	renumbered as section 379.2401, Florida Statutes, to read:
2971	379.2401 370.025  Marine fisheries; policy and standards.--
2972	(1)  The Legislature hereby declares the policy of the
2973	state to be management and preservation of its renewable marine
2974	fishery resources, based upon the best available information,
2975	emphasizing protection and enhancement of the marine and
2976	estuarine environment in such a manner as to provide for optimum
2977	sustained benefits and use to all the people of this state for
2978	present and future generations.
2979	(2)  The commission is instructed to make recommendations
2980	annually to the Governor and the Legislature regarding marine
2981	fisheries research priorities and funding. All administrative
2982	and enforcement responsibilities which are unaffected by the
2983	specific provisions of this act are the responsibility of the
2984	commission.
2985	(3)  All rules relating to saltwater fisheries adopted by
2986	the commission shall be consistent with the following standards:
2987	(a)  The paramount concern of conservation and management
2988	measures shall be the continuing health and abundance of the
2989	marine fisheries resources of this state.
2990	(b)  Conservation and management measures shall be based
2991	upon the best information available, including biological,
2992	sociological, economic, and other information deemed relevant by
2993	the commission.
2994	(c)  Conservation and management measures shall permit
2995	reasonable means and quantities of annual harvest, consistent
2996	with maximum practicable sustainable stock abundance on a
2997	continuing basis.
2998	(d)  When possible and practicable, stocks of fish shall be
2999	managed as a biological unit.
3000	(e)  Conservation and management measures shall assure
3001	proper quality control of marine resources that enter commerce.
3002	(f)  State marine fishery management plans shall be
3003	developed to implement management of important marine fishery
3004	resources.
3005	(g)  Conservation and management decisions shall be fair
3006	and equitable to all the people of this state and carried out in
3007	such a manner that no individual, corporation, or entity
3008	acquires an excessive share of such privileges.
3009	(h)  Federal fishery management plans and fishery
3010	management plans of other states or interstate commissions
3011	should be considered when developing state marine fishery
3012	management plans. Inconsistencies should be avoided unless it is
3013	determined that it is in the best interest of the fisheries or
3014	residents of this state to be inconsistent.
3015	Section 64.  Section 370.0607, Florida Statutes, is
3016	renumbered as section 379.2402, Florida Statutes, to read:
3017	379.2402 370.0607  Marine information system.--The Fish and
3018	Wildlife Conservation Commission shall establish by rule a
3019	marine information system in conjunction with the licensing
3020	program to gather marine fisheries data.
3021	Section 65.  Section 370.101, Florida Statutes, is
3022	renumbered as section 379.2411, Florida Statutes, and amended to
3023	read:
3024	379.2411 370.101  Saltwater fish; regulations.--
3025	(1)  The Fish and Wildlife Conservation Commission is
3026	authorized to establish weight equivalencies when minimum
3027	lengths of saltwater fish are established by law, in those cases
3028	where the fish are artificially cultivated.
3029	(2)  A special activity license may be issued by the
3030	commission pursuant to s. 379.361 370.06 for catching and
3031	possession of fish protected by law after it has first
3032	established that such protected specimens are to be used as
3033	stock for artificial cultivation.
3034	(3)  A permit may not be issued pursuant to subsection (2)
3035	until the commission determines that the artificial cultivation
3036	activity complies with the provisions of ss. 253.67-253.75 and
3037	any other specific provisions contained within this chapter
3038	regarding leases, licenses, or permits for maricultural
3039	activities of each saltwater fish, so that the public interest
3040	in such fish stocks is fully protected.
3041	Section 66.  Section 370.102, Florida Statutes, is
3042	renumbered as section 379.2412, Florida Statutes, and amended to
3043	read:
3044	379.2412 370.102  State preemption of power to
3045	regulate.--The power to regulate the taking or possession of
3046	saltwater fish, as defined in s. 379.101 370.01, is expressly
3047	reserved to the state. This section does not prohibit a local
3048	government from prohibiting, for reasons of protecting the
3049	public health, safety, or welfare, saltwater fishing from real
3050	property owned by that local government.
3051	Section 67.  Section 370.11, Florida Statutes, is
3052	renumbered as section 379.2413, Florida Statutes, and amended to
3053	read:
3054	379.2413  Catching food fish for the purposes of making oil
3055	370.11  Fish; regulation.--
3056	(1)  CATCHING FOOD FISH FOR PURPOSES OF MAKING OIL
3057	PROHIBITED.--No person shall take any food fish from the waters
3058	under the jurisdiction of the state, for the purpose of making
3059	oil, fertilizer or compost therefrom. Purse seines may be used,
3060	for the taking of nonfood fish for the purpose of making oil,
3061	fertilizer or compost.
3062	(2)  REGULATION; FISH; TARPON, ETC.--No person may sell,
3063	offer for sale, barter, exchange for merchandise, transport for
3064	sale, either within or without the state, offer to purchase or
3065	purchase any species of fish known as tarpon (Tarpon atlanticus)
3066	provided, however, any one person may carry out of the state as
3067	personal baggage or transport within or out of the state not
3068	more than two tarpon if they are not being transported for sale.
3069	The possession of more than two tarpon by any one person is
3070	unlawful; provided, however, any person may catch an unlimited
3071	number of tarpon if they are immediately returned uninjured to
3072	the water and released where the same are caught. No common
3073	carrier in the state shall knowingly receive for transportation
3074	or transport, within or without the state, from any one person
3075	for shipment more than two tarpon, except as hereinafter
3076	provided. It is expressly provided that any lawful established
3077	taxidermist, in the conduct of taxidermy, may be permitted to
3078	move or transport any reasonable number of tarpon at any time
3079	and in any manner he or she may desire, as specimens for
3080	mounting; provided, however, satisfactory individual ownership
3081	of the fish so moved or transported can be established by such
3082	taxidermist at any time upon demand. Common carriers shall
3083	accept for shipment tarpon from a taxidermist when statement of
3084	individual ownership involved accompanies bill of lading or
3085	other papers controlling the shipment. The Fish and Wildlife
3086	Conservation Commission may, in its discretion, upon application
3087	issue permits for the taking and transporting of tarpon for
3088	scientific purposes.
3089	Section 68.  Section 370.08, Florida Statutes, is
3090	renumbered as section 379.2421, Florida Statutes, and amended to
3091	read:
3092	379.2421 370.08  Fishers and equipment; regulation.--
3093	(1)  ILLEGAL POSSESSION OF SEINES AND NETS.--No person may
3094	have in his or her custody or possession in any county of this
3095	state any fishing seine or net, the use of which for fishing
3096	purposes in such county is prohibited by law. Such possession
3097	shall be evidence of a violation of this subsection by both the
3098	owner thereof and the person using or possessing said net. The
3099	provisions of this subsection shall not apply to shrimp nets, to
3100	pound nets or purse nets when used in taking menhaden fish, to
3101	seines used exclusively for taking herring, or to legal beach
3102	seines used in the open gulf or Atlantic Ocean if the possession
3103	of such nets is not prohibited in the county where found.
3104	(2)  STOP NETTING DEFINED; PROHIBITION.--
3105	(a)  It is unlawful for any person to obstruct any river,
3106	creek, canal, pass, bayou or other waterway in this state by
3107	placing or setting therein any screen, net, seine, rack, wire or
3108	other device, or to use, set, or place any net or seine or
3109	similar device of any kind, either singularly or in rotation or
3110	one behind another in any manner whatsoever so as to prevent the
3111	free passage of fish.
3112	(b)  It is unlawful for any person, while fishing or
3113	attempting to fish for shrimp or saltwater fish, to attach or
3114	otherwise secure a frame net, trawl net, trap net, or similar
3115	device to any state road bridge or associated structure situated
3116	over any saltwater body or to use more than one such net or
3117	device while fishing from such bridge or structure. For the
3118	purposes of this paragraph, a "frame net" is any net similar to
3119	a hoop net, the mouth of which is held open by a frame, with a
3120	trailing mesh net, of any size. Cast nets, dip nets, and similar
3121	devices are specifically excluded from the operation of this
3122	paragraph.
3123	(3)  USE OF PURSE SEINES, GILL NETS, POUND NETS, ETC.--No
3124	person may take food fish within or without the waters of this
3125	state with a purse seine, purse gill net, or other net using
3126	rings or other devices on the lead line thereof, through which a
3127	purse line is drawn, or pound net, or have any food fish so
3128	taken in his or her possession for sale or shipment. The
3129	provisions of this section shall not apply to shrimp nets or to
3130	pound nets or purse seines when used for the taking of tuna or
3131	menhaden fish only.
3132	(4)  RETURN OF FISH TO WATER.--All persons taking food fish
3133	from any of the waters of this state by use of seines, nets, or
3134	other fishing devices and not using any of such fish because of
3135	size or other reasons shall immediately release and return such
3136	fish alive to the water from which taken and no such fish may be
3137	placed or deposited on any bank, shore, beach or other place out
3138	of the water.
3139	(5)  THROWING EXPLOSIVES OR USE OF FIREARMS IN WATER FOR
3140	PURPOSE OF KILLING FOOD FISH PROHIBITED.--No person may throw or
3141	cause to be thrown, into any of the waters of this state, any
3142	dynamite, lime, other explosives or discharge any firearms
3143	whatsoever for the purpose of killing food fish therein. The
3144	landing ashore or possession on the water by any person of any
3145	food fish that has been damaged by explosives or the landing of
3146	headless jewfish or grouper, if the grouper is taken for
3147	commercial use, is prima facie evidence of violation of this
3148	section.
3149	(5)(6)  SEINES, POCKET BUNTS.--In any counties where seines
3150	are not prohibited on the open gulf or Atlantic Ocean, such
3151	seines may have a pocket bunt on the middle of the seine of a
3152	mesh size less than that provided by law.
3153	(6)(7)  ILLEGAL USE OF POISONS, DRUGS, OR CHEMICALS.--
3154	(a)  It is unlawful for any person to place poisons, drugs,
3155	or other chemicals in the marine waters of this state unless
3156	that person has first obtained a special activity license for
3157	such use pursuant to s. 370.06 from the Fish and Wildlife
3158	Conservation Commission.
3159	(b)  Upon application on forms furnished by the commission,
3160	the commission may issue a license to use poisons, drugs, or
3161	other chemicals in the marine waters of this state for the
3162	purpose of capturing live marine species. The application and
3163	license shall specify the area in which collecting will be done;
3164	the drugs, chemicals, or poisons to be used; and the maximum
3165	amounts and concentrations at each sampling.
3166	(7)(8)  PENALTIES.--A commercial harvester who violates
3167	this section shall be punished under s. 379.407 370.021. Any
3168	other person who violates this section commits a Level Two
3169	violation under s. 379.401 372.83.
3170	Section 69.  Section 370.093, Florida Statutes, is
3171	renumbered as section 379.2422, Florida Statutes, and amended to
3172	read:
3173	379.2422 370.093  Illegal use of nets.--
3174	(1)  It is unlawful to take or harvest, or to attempt to
3175	take or harvest, any marine life in Florida waters with any net
3176	that is not consistent with the provisions of s. 16, Art. X of
3177	the State Constitution.
3178	(2)(a)  Beginning July 1, 1998, it is also unlawful to take
3179	or harvest, or to attempt to take or harvest, any marine life in
3180	Florida waters with any net, as defined in subsection (3) and
3181	any attachments to such net, that combined are larger than 500
3182	square feet and have not been expressly authorized for such use
3183	by rule of the Fish and Wildlife Conservation Commission. The
3184	use of currently legal shrimp trawls and purse seines outside
3185	nearshore and inshore Florida waters shall continue to be legal
3186	until the commission implements rules regulating those types of
3187	gear.
3188	(b)  The use of gill or entangling nets of any size is
3189	prohibited, as such nets are defined in s. 16, Art. X of the
3190	State Constitution. Any net constructed wholly or partially of
3191	monofilament or multistrand monofilament material, other than a
3192	hand thrown cast net, or a handheld landing or dip net, shall be
3193	considered to be an entangling net within the prohibition of s.
3194	16, Art. X of the State Constitution unless specifically
3195	authorized by rule of the commission. Multistrand monofilament
3196	material shall not be defined to include nets constructed of
3197	braided or twisted nylon, cotton, linen twine, or polypropylene
3198	twine.
3199	(c)  This subsection shall not be construed to apply to
3200	aquaculture activities licenses issued pursuant to s. 379.2523
3201	370.26.
3202	(3)  As used in s. 16, Art. X of the State Constitution and
3203	this subsection, the term "net" or "netting" must be broadly
3204	construed to include all manner or combination of mesh or
3205	webbing or any other solid or semisolid fabric or other material
3206	used to comprise a device that is used to take or harvest marine
3207	life.
3208	(4)  Upon the arrest of any person for violation of this
3209	subsection, the arresting officer shall seize the nets illegally
3210	used. Upon conviction of the offender, the arresting authority
3211	shall destroy the nets.
3212	(5)  Any person who violates this section shall be punished
3213	as provided in s. 379.407(3) 370.021(3).
3214	(6)  The Fish and Wildlife Conservation Commission is
3215	granted authority to adopt rules pursuant to s. 379.2401 370.025
3216	implementing this section and the prohibitions and restrictions
3217	of s. 16, Art. X of the State Constitution.
3218	Section 70.  Section 370.092, Florida Statutes, is
3219	renumbered as section 379.2423, Florida Statutes, and amended to
3220	read:
3221	379.2423 370.092  Carriage of proscribed nets across
3222	Florida waters.--
3223	(1)  This section applies to all vessels containing or
3224	otherwise transporting in or on Florida waters any gill net or
3225	other entangling net and to all vessels containing or otherwise
3226	transporting in or on Florida waters any net containing more
3227	than 500 square feet of mesh area the use of which is restricted
3228	or prohibited by s. 16, Art. X of the State Constitution. This
3229	section does not apply to vessels containing or otherwise
3230	transporting in or on Florida waters dry nets which are rolled,
3231	folded, or otherwise properly stowed in sealed containers so as
3232	to make their immediate use as fishing implements impracticable.
3233	(2)  Every vessel containing or otherwise transporting in
3234	or on Florida waters any gill net or other entangling net and
3235	every vessel containing or otherwise transporting in or on
3236	nearshore and inshore Florida waters any net containing more
3237	than 500 square feet of mesh area shall proceed as directly,
3238	continuously, and expeditiously as possible from the place where
3239	the vessel is regularly docked, moored, or otherwise stored to
3240	waters where the use of said nets is lawful and from waters
3241	where the use of said nets is lawful back to the place where the
3242	vessel is regularly docked, moored, or otherwise stored or back
3243	to the licensed wholesale dealer where the catch is to be sold.
3244	Exceptions shall be provided for docked vessels, for vessels
3245	which utilize nets in a licensed aquaculture operation, and for
3246	vessels containing trawl nets as long as the trawl's doors or
3247	frame are not deployed in the water. Otherwise, hovering,
3248	drifting, and other similar activities inconsistent with the
3249	direct, continuous, and expeditious transit of such vessels
3250	shall be evidence of the unlawful use of such nets. The presence
3251	of fish in such a net is not evidence of the unlawful use of the
3252	net if the vessel is otherwise in compliance with this section.
3253	(3)  Notwithstanding subsections (1) and (2), unless
3254	authorized by rule of the Fish and Wildlife Conservation
3255	Commission, it is a major violation under this section,
3256	punishable as provided in s. 379.407(3) 370.021(3), for any
3257	person, firm, or corporation to possess any gill or entangling
3258	net, or any seine net larger than 500 square feet in mesh area,
3259	on any airboat or on any other vessel less than 22 feet in
3260	length and on any vessel less than 25 feet if primary power of
3261	the vessel is mounted forward of the vessel center point. Gill
3262	or entangling nets shall be as defined in s. 16, Art. X of the
3263	State Constitution, s. 379.2422(2)(b) 370.093(2)(b), or in a
3264	rule of the Fish and Wildlife Conservation Commission
3265	implementing s. 16, Art. X of the State Constitution. Vessel
3266	length shall be determined in accordance with current United
3267	States Coast Guard regulations specified in the Code of Federal
3268	Regulations or as titled by the State of Florida. The Marine
3269	Fisheries Commission is directed to initiate by July 1, 1998,
3270	rulemaking to adjust by rule the use of gear on vessels longer
3271	than 22 feet where the primary power of the vessel is mounted
3272	forward of the vessel center point in order to prevent the
3273	illegal use of gill and entangling nets in state waters and to
3274	provide reasonable opportunities for the use of legal net gear
3275	in adjacent federal waters.
3276	(4)  The Fish and Wildlife Conservation Commission shall
3277	adopt rules to prohibit the possession and sale of mullet taken
3278	in illegal gill or entangling nets. Violations of such rules
3279	shall be punishable as provided in s. 379.407(3) 370.021(3).
3280	(5)  The commission has authority to adopt rules pursuant
3281	to ss. 120.536(1) and 120.54 to implement the provisions of this
3282	section.
3283	Section 71.  Subsection (1) of section 370.143, Florida
3284	Statutes, is renumbered as section 379.2424, Florida Statutes,
3285	and amended to read:
3286	379.2424  Retrieval of spiny lobster, stone crab, blue
3287	crab, and black sea bass traps during closed season; commission
3288	authority.--
3289	(1)  The Fish and Wildlife Conservation Commission is
3290	authorized to implement a trap retrieval program for retrieval
3291	of spiny lobster, stone crab, blue crab, and black sea bass
3292	traps remaining in the water during the closed season for each
3293	species. The commission is authorized to contract with outside
3294	agents for the program operation.
3295	Section 72.  Section 370.172, Florida Statutes, is
3296	renumbered as section 379.2425, Florida Statutes, to read:
3297	379.2425 370.172  Spearfishing; definition; limitations;
3298	penalty.--
3299	(1)  For the purposes of this section, "spearfishing" means
3300	the taking of any saltwater fish through the instrumentality of
3301	a spear, gig, or lance operated by a person swimming at or below
3302	the surface of the water.
3303	(2)(a)  Spearfishing is prohibited within the boundaries of
3304	the John Pennekamp Coral Reef State Park, the waters of Collier
3305	County, and the area in Monroe County known as Upper Keys, which
3306	includes all salt waters under the jurisdiction of the Fish and
3307	Wildlife Conservation Commission beginning at the county line
3308	between Dade and Monroe Counties and running south, including
3309	all of the keys down to and including Long Key.
3310	(b)  For the purposes of this subsection, the possession in
3311	the water of a spear, gig, or lance by a person swimming at or
3312	below the surface of the water in a prohibited area is prima
3313	facie evidence of a violation of the provisions of this
3314	subsection regarding spearfishing.
3315	(3)  The Fish and Wildlife Conservation Commission shall
3316	have the power to establish restricted areas when it is
3317	determined that safety hazards exist or when needs are
3318	determined by biological findings. Restricted areas shall be
3319	established only after an investigation has been conducted and
3320	upon application by the governing body of the county or
3321	municipality in which the restricted areas are to be located and
3322	one publication in a local newspaper of general circulation in
3323	said county or municipality in addition to any other notice
3324	required by law. Prior to promulgation of regulations, the local
3325	governing body of the area affected shall agree to post and
3326	maintain notices in the area affected.
3327	Section 73.  Section 370.12, Florida Statutes, is
3328	renumbered as section 379.2431, Florida Statutes, and amended to
3329	read:
3330	379.2431 370.12  Marine animals; regulation.--
3331	(1)  PROTECTION OF MARINE TURTLES.--
3332	(a)  This subsection may be cited as the "Marine Turtle
3333	Protection Act."
3334	(b)  The Legislature intends, pursuant to the provisions of
3335	this subsection, to ensure that the Fish and Wildlife
3336	Conservation Commission has the appropriate authority and
3337	resources to implement its responsibilities under the recovery
3338	plans of the United States Fish and Wildlife Service for the
3339	following species of marine turtle:
3340	1.  Atlantic loggerhead turtle (Caretta caretta).
3341	2.  Atlantic green turtle (Chelonia mydas).
3342	3.  Leatherback turtle (Dermochelys coriacea).
3343	4.  Atlantic hawksbill turtle (Eretmochelys imbricata).
3344	5.  Atlantic ridley turtle (Lepidochelys kempi).
3345	(c)  As used in this subsection, the following phrases have
3346	the following meanings:
3347	1.  A "properly accredited person" is:
3348	a.  Students of colleges or universities whose studies with
3349	saltwater animals are under the direction of their teacher or
3350	professor; or
3351	b.  Scientific or technical faculty of public or private
3352	colleges or universities; or
3353	c.  Scientific or technical employees of private research
3354	institutions and consulting firms; or
3355	d.  Scientific or technical employees of city, county,
3356	state, or federal research or regulatory agencies; or
3357	e.  Members in good standing or recognized and properly
3358	chartered conservation organizations, the Audubon Society, or
3359	the Sierra Club; or
3360	f.  Persons affiliated with aquarium facilities or museums,
3361	or contracted as an agent therefor, which are open to the public
3362	with or without an admission fee; or
3363	g.  Persons without specific affiliations listed above, but
3364	who are recognized by the commission for their contributions to
3365	marine conservation such as scientific or technical
3366	publications, or through a history of cooperation with the
3367	commission in conservation programs such as turtle nesting
3368	surveys, or through advanced educational programs such as high
3369	school marine science centers.
3370	2.  "Take" means an act that actually kills or injures
3371	marine turtles, and includes significant habitat modification or
3372	degradation that kills or injures marine turtles by
3373	significantly impairing essential behavioral patterns, such as
3374	breeding, feeding, or sheltering.
3375	(d)  Except as authorized in this paragraph, or unless
3376	otherwise provided by the Federal Endangered Species Act or its
3377	implementing regulations, a person, firm, or corporation may
3378	not:
3379	1.  Knowingly possess the eggs of any marine turtle species
3380	described in this subsection.
3381	2.  Knowingly take, disturb, mutilate, destroy, cause to be
3382	destroyed, transfer, sell, offer to sell, molest, or harass any
3383	marine turtles or the eggs or nest of any marine turtles
3384	described in this subsection.
3385	3.  The commission may issue a special permit or loan
3386	agreement to any person, firm, or corporation, to enable the
3387	holder to possess a marine turtle or parts thereof, including
3388	nests, eggs, or hatchlings, for scientific, education, or
3389	exhibition purposes, or for conservation activities such as the
3390	relocation of nests, eggs, or marine turtles away from
3391	construction sites. Notwithstanding other provisions of law, the
3392	commission may issue such special permit or loan agreement to
3393	any properly accredited person as defined in paragraph (c) for
3394	the purposes of marine turtle conservation.
3395	4.  The commission shall have the authority to adopt rules
3396	pursuant to chapter 120 to prescribe terms, conditions, and
3397	restrictions for marine turtle conservation, and to permit the
3398	possession of marine turtles or parts thereof.
3399	(e)1.  Any person, firm, or corporation that commits any
3400	act prohibited in paragraph (d) involving any egg of any marine
3401	turtle species described in this subsection shall pay a penalty
3402	of $100 per egg in addition to other penalties provided in this
3403	paragraph.
3404	2.  Any person, firm, or corporation that illegally
3405	possesses 11 or fewer of any eggs of any marine turtle species
3406	described in this subsection commits a first degree misdemeanor,
3407	punishable as provided in ss. 775.082 and 775.083.
3408	3.  For a second or subsequent violation of subparagraph
3409	2., any person, firm, or corporation that illegally possesses 11
3410	or fewer of any eggs of any marine turtle species described in
3411	this subsection commits a third degree felony, punishable as
3412	provided in s. 775.082, s. 775.083, or s. 775.084.
3413	4.  Any person, firm, or corporation that illegally
3414	possesses more than 11 of any eggs of any marine turtle species
3415	described in this subsection commits a third degree felony,
3416	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3417	5.  Any person, firm, or corporation that illegally takes,
3418	disturbs, mutilates, destroys, causes to be destroyed,
3419	transfers, sells, offers to sell, molests, or harasses any
3420	marine turtle species, or the eggs or nest of any marine turtle
3421	species as described in this subsection, commits a third degree
3422	felony, punishable as provided in s. 775.082, s. 775.083, or s.
3423	775.084.
3424	6.  Notwithstanding s. 777.04, any person, firm, or
3425	corporation that solicits or conspires with another person,
3426	firm, or corporation, to commit an act prohibited by this
3427	subsection commits a felony of the third degree, punishable as
3428	provided in s. 775.082, s. 775.083, or s. 775.084.
3429	7.  The proceeds from the penalties assessed pursuant to
3430	this paragraph shall be deposited into the Marine Resources
3431	Conservation Trust Fund.
3432	(f)  Any application for a Department of Environmental
3433	Protection permit or other type of approval for an activity that
3434	affects marine turtles or their nests or habitat shall be
3435	subject to conditions and requirements for marine turtle
3436	protection as part of the permitting or approval process.
3437	(g)  The Department of Environmental Protection may
3438	condition the nature, timing, and sequence of construction of
3439	permitted activities to provide protection to nesting marine
3440	turtles and hatchlings and their habitat pursuant to the
3441	provisions of s. 161.053(5). When the department is considering
3442	a permit for a beach restoration, beach renourishment, or inlet
3443	sand transfer project and the applicant has had an active marine
3444	turtle nest relocation program or the applicant has agreed to
3445	and has the ability to administer a program, the department must
3446	not restrict the timing of the project. Where appropriate, the
3447	department, in accordance with the applicable rules of the Fish
3448	and Wildlife Conservation Commission, shall require as a
3449	condition of the permit that the applicant relocate and monitor
3450	all turtle nests that would be affected by the beach
3451	restoration, beach renourishment, or sand transfer activities.
3452	Such relocation and monitoring activities shall be conducted in
3453	a manner that ensures successful hatching. This limitation on
3454	the department's authority applies only on the Atlantic coast of
3455	Florida.
3456	(h)  The department shall recommend denial of a permit
3457	application if the activity would result in a "take" as defined
3458	in this subsection, unless, as provided for in the federal
3459	Endangered Species Act and its implementing regulations, such
3460	taking is incidental to, and not the purpose of, the carrying
3461	out of an otherwise lawful activity.
3462	(i)  The department shall give special consideration to
3463	beach preservation and beach nourishment projects that restore
3464	habitat of endangered marine turtle species. Nest relocation
3465	shall be considered for all such projects in urbanized areas.
3466	When an applicant for a beach restoration, beach renourishment,
3467	or inlet sand transfer project has had an active marine turtle
3468	nest relocation program or the applicant has agreed to have and
3469	has the ability to administer a program, the department in
3470	issuing a permit for a project must not restrict the timing of
3471	the project. Where appropriate, the department, in accordance
3472	with the applicable rules of the Fish and Wildlife Conservation
3473	Commission, shall require as a condition of the permit that the
3474	applicant relocate and monitor all turtle nests that would be
3475	affected by the beach restoration, beach renourishment, or sand
3476	transfer activities. Such relocation and monitoring activities
3477	shall be conducted in a manner that ensures successful hatching.
3478	This limitation on the department's authority applies only on
3479	the Atlantic coast of Florida.
3480	(2)  PROTECTION OF MANATEES OR SEA COWS.--
3481	(a)  This subsection shall be known and may be cited as the
3482	"Florida Manatee Sanctuary Act."
3483	(b)  The State of Florida is hereby declared to be a refuge
3484	and sanctuary for the manatee, the "Florida state marine
3485	mammal." The protections extended to and authorized on behalf of
3486	the manatee by this act are independent of, and therefore are
3487	not contingent upon, its status as a state or federal listed
3488	species.
3489	(c)  Whenever the Fish and Wildlife Conservation Commission
3490	is satisfied that the interest of science will be subserved, and
3491	that the application for a permit to possess a manatee or sea
3492	cow (Trichechus manatus) is for a scientific or propagational
3493	purpose and should be granted, and after concurrence by the
3494	United States Department of the Interior, the commission may
3495	grant to any person making such application a special permit to
3496	possess a manatee or sea cow, which permit shall specify the
3497	exact number which shall be maintained in captivity.
3498	(d)  Except as may be authorized by the terms of a valid
3499	state permit issued pursuant to paragraph (c) or by the terms of
3500	a valid federal permit, it is unlawful for any person at any
3501	time, by any means, or in any manner intentionally or
3502	negligently to annoy, molest, harass, or disturb or attempt to
3503	molest, harass, or disturb any manatee; injure or harm or
3504	attempt to injure or harm any manatee; capture or collect or
3505	attempt to capture or collect any manatee; pursue, hunt, wound,
3506	or kill or attempt to pursue, hunt, wound, or kill any manatee;
3507	or possess, literally or constructively, any manatee or any part
3508	of any manatee.
3509	(e)  Any gun, net, trap, spear, harpoon, boat of any kind,
3510	aircraft, automobile of any kind, other motorized vehicle,
3511	chemical, explosive, electrical equipment, scuba or other
3512	subaquatic gear, or other instrument, device, or apparatus of
3513	any kind or description used in violation of any provision of
3514	paragraph (d) may be forfeited upon conviction. The foregoing
3515	provisions relating to seizure and forfeiture of vehicles,
3516	vessels, equipment, or supplies do not apply when such vehicles,
3517	vessels, equipment, or supplies are owned by, or titled in the
3518	name of, innocent parties; and such provisions shall not vitiate
3519	any valid lien, retain title contract, or chattel mortgage on
3520	such vehicles, vessels, equipment, or supplies if such lien,
3521	retain title contract, or chattel mortgage is property of public
3522	record at the time of the seizure.
3523	(f)1.  Except for emergency rules adopted under s. 120.54,
3524	all proposed rules of the commission for which a notice of
3525	intended agency action is filed proposing to govern the speed
3526	and operation of motorboats for purposes of manatee protection
3527	shall be submitted to the counties in which the proposed rules
3528	will take effect for review by local rule review committees.
3529	2.  No less than 60 days prior to filing a notice of rule
3530	development in the Florida Administrative Weekly, as provided in
3531	s. 120.54(3)(a), the commission shall notify the counties for
3532	which a rule to regulate the speed and operation of motorboats
3533	for the protection of manatees is proposed. A county so notified
3534	shall establish a rule review committee or several counties may
3535	combine rule review committees.
3536	3.  The county commission of each county in which a rule to
3537	regulate the speed and operation of motorboats for the
3538	protection of manatees is proposed shall designate a rule review
3539	committee. The designated voting membership of the rule review
3540	committee must be comprised of waterway users, such as fishers,
3541	boaters, water skiers, other waterway users, as compared to the
3542	number of manatee and other environmental advocates. A county
3543	commission may designate an existing advisory group as the rule
3544	review committee. With regard to each committee, fifty percent
3545	of the voting members shall be manatee advocates and other
3546	environmental advocates, and fifty percent of the voting members
3547	shall be waterway users.
3548	4.  The county shall invite other state, federal, county,
3549	municipal, or local agency representatives to participate as
3550	nonvoting members of the local rule review committee.
3551	5.  The county shall provide logistical and administrative
3552	staff support to the local rule review committee and may request
3553	technical assistance from commission staff.
3554	6.  Each local rule review committee shall elect a chair
3555	and recording secretary from among its voting members.
3556	7.  Commission staff shall submit the proposed rule and
3557	supporting data used to develop the rule to the local rule
3558	review committees.
3559	8.  The local rule review committees shall have 60 days
3560	from the date of receipt of the proposed rule to submit a
3561	written report to commission members and staff. The local rule
3562	review committees may use supporting data supplied by the
3563	commission, as well as public testimony which may be collected
3564	by the committee, to develop the written report. The report may
3565	contain recommended changes to proposed manatee protection zones
3566	or speed zones, including a recommendation that no rule be
3567	adopted, if that is the decision of the committee.
3568	9.  Prior to filing a notice of proposed rulemaking in the
3569	Florida Administrative Weekly as provided in s. 120.54(3)(a),
3570	the commission staff shall provide a written response to the
3571	local rule review committee reports to the appropriate counties,
3572	to the commission members, and to the public upon request.
3573	10.  In conducting a review of the proposed manatee
3574	protection rule, the local rule review committees may address
3575	such factors as whether the best available scientific
3576	information supports the proposed rule, whether seasonal zones
3577	are warranted, and such other factors as may be necessary to
3578	balance manatee protection and public access to and use of the
3579	waters being regulated under the proposed rule.
3580	11.  The written reports submitted by the local rule review
3581	committees shall contain a majority opinion. If the majority
3582	opinion is not unanimous, a minority opinion shall also be
3583	included.
3584	12.  The members of the commission shall fully consider any
3585	timely submitted written report submitted by a local rule review
3586	committee prior to authorizing commission staff to move forward
3587	with proposed rulemaking and shall fully consider any timely
3588	submitted subsequent reports of the committee prior to adoption
3589	of a final rule. The written reports of the local rule review
3590	committees and the written responses of the commission staff
3591	shall be part of the rulemaking record and may be submitted as
3592	evidence regarding the committee's recommendations in any
3593	proceeding relating to a rule proposed or adopted pursuant to
3594	this subsection.
3595	13.  The commission is relieved of any obligations
3596	regarding the local rule review committee process created in
3597	this paragraph if a timely noticed county commission fails to
3598	timely designate the required rule review committee.
3599	(g)  In order to protect manatees or sea cows from harmful
3600	collisions with motorboats or from harassment, the Fish and
3601	Wildlife Conservation Commission is authorized, in addition to
3602	all other authority, to provide a permitting agency with
3603	comments regarding the expansion of existing, or the
3604	construction of new, marine facilities and mooring or docking
3605	slips, by the addition or construction of five or more powerboat
3606	slips. The commission shall adopt rules under chapter 120
3607	regulating the operation and speed of motorboat traffic only
3608	where manatee sightings are frequent and the best available
3609	scientific information, as well as other available, relevant,
3610	and reliable information, which may include but is not limited
3611	to, manatee surveys, observations, available studies of food
3612	sources, and water depths, supports the conclusions that
3613	manatees inhabit these areas on a regular basis:
3614	1.  In Lee County: the entire Orange River, including the
3615	Tice Florida Power and Light Corporation discharge canal and
3616	adjoining waters of the Caloosahatchee River within 1 mile of
3617	the confluence of the Orange and Caloosahatchee Rivers.
3618	2.  In Brevard County: those portions of the Indian River
3619	within three-fourths of a mile of the Orlando Utilities
3620	Commission Delespine power plant effluent and the Florida Power
3621	and Light Frontenac power plant effluents.
3622	3.  In Indian River County: the discharge canals of the
3623	Vero Beach Municipal Power Plant and connecting waters within
3624	11/4 miles thereof.
3625	4.  In St. Lucie County: the discharge of the Henry D. King
3626	Municipal Electric Station and connecting waters within 1 mile
3627	thereof.
3628	5.  In Palm Beach County: the discharges of the Florida
3629	Power and Light Riviera Beach power plant and connecting waters
3630	within 11/2 miles thereof.
3631	6.  In Broward County: the discharge canal of the Florida
3632	Power and Light Port Everglades power plant and connecting
3633	waters within 11/2 miles thereof and the discharge canal of the
3634	Florida Power and Light Fort Lauderdale power plant and
3635	connecting waters within 2 miles thereof. For purposes of
3636	ensuring the physical safety of boaters in a sometimes turbulent
3637	area, the area from the easternmost edge of the authorized
3638	navigation project of the intracoastal waterway east through the
3639	Port Everglades Inlet is excluded from this regulatory zone.
3640	7.  In Citrus County: headwaters of the Crystal River,
3641	commonly referred to as King's Bay, and the Homosassa River.
3642	8.  In Volusia County: Blue Springs Run and connecting
3643	waters of the St. Johns River within 1 mile of the confluence of
3644	Blue Springs and the St. Johns River; and Thompson Creek,
3645	Strickland Creek, Dodson Creek, and the Tomoka River.
3646	9.  In Hillsborough County: that portion of the Alafia
3647	River from the main shipping channel in Tampa Bay to U.S.
3648	Highway 41.
3649	10.  In Sarasota County: the Venice Inlet and connecting
3650	waters within 1 mile thereof, including Lyons Bay, Donna Bay,
3651	Roberts Bay, and Hatchett Creek, excluding the waters of the
3652	intracoastal waterway and the right-of-way bordering the
3653	centerline of the intracoastal waterway.
3654	11.  In Collier County: within the Port of Islands, within
3655	section 9, township 52 south, range 28 east, and certain
3656	unsurveyed lands, all east-west canals and the north-south
3657	canals to the southerly extent of the intersecting east-west
3658	canals which lie southerly of the centerline of U.S. Highway 41.
3659	12.  In Manatee County: that portion of the Manatee River
3660	east of the west line of section 17, range 19 east, township 34
3661	south; the Braden River south of the north line and east of the
3662	west line of section 29, range 18 east, township 34 south; Terra
3663	Ceia Bay and River, east of the west line of sections 26 and 35
3664	of range 17 east, township 33 south, and east of the west line
3665	of section 2, range 17 east, township 34 south; and Bishop
3666	Harbor east of the west line of section 13, range 17 east,
3667	township 33 south.
3668	13.  In Miami-Dade County: those portions of Black Creek
3669	lying south and east of the water control dam, including all
3670	boat basins and connecting canals within 1 mile of the dam.
3671	(h)  The Fish and Wildlife Conservation Commission shall
3672	adopt rules pursuant to chapter 120 regulating the operation and
3673	speed of motorboat traffic only where manatee sightings are
3674	frequent and the best available scientific information, as well
3675	as other available, relevant, and reliable information, which
3676	may include but is not limited to, manatee surveys,
3677	observations, available studies of food sources, and water
3678	depths, supports the conclusion that manatees inhabit these
3679	areas on a regular basis within that portion of the Indian River
3680	between the St. Lucie Inlet in Martin County and the Jupiter
3681	Inlet in Palm Beach County and within the Loxahatchee River in
3682	Palm Beach and Martin Counties, including the north and
3683	southwest forks thereof.
3684	(i)  The commission shall adopt rules pursuant to chapter
3685	120 regulating the operation and speed of motorboat traffic only
3686	where manatee sightings are frequent and the best available
3687	scientific information, as well as other available, relevant,
3688	and reliable information, which may include but is not limited
3689	to, manatee surveys, observations, available studies of food
3690	sources, and water depths, supports the conclusion that manatees
3691	inhabit these areas on a regular basis within the Withlacoochee
3692	River and its tributaries in Citrus and Levy Counties. The
3693	specific areas to be regulated include the Withlacoochee River
3694	and the U.S. 19 bridge westward to a line between U.S. Coast
3695	Guard markers number 33 and number 34 at the mouth of the river,
3696	including all side channels and coves along that portion of the
3697	river; Bennets' Creek from its beginning to its confluence with
3698	the Withlacoochee River; Bird's Creek from its beginning to its
3699	confluence with the Withlacoochee River; and the two dredged
3700	canal systems on the north side of the Withlacoochee River
3701	southwest of Yankeetown.
3702	(j)  If any new power plant is constructed or other source
3703	of warm water discharge is discovered within the state which
3704	attracts a concentration of manatees or sea cows, the commission
3705	is directed to adopt rules pursuant to chapter 120 regulating
3706	the operation and speed of motorboat traffic within the area of
3707	such discharge. Such rules shall designate a zone which is
3708	sufficient in size, and which shall remain in effect for a
3709	sufficient period of time, to protect the manatees or sea cows.
3710	(k)  It is the intent of the Legislature to allow the Fish
3711	and Wildlife Conservation Commission to post and regulate boat
3712	speeds only where the best available scientific information, as
3713	well as other available, relevant, and reliable information,
3714	which may include but is not limited to, manatee surveys,
3715	observations, available studies of food sources, and water
3716	depth, supports the conclusion that manatees inhabit these areas
3717	on a periodic basis. It is not the intent of the Legislature to
3718	permit the commission to post and regulate boat speeds generally
3719	throughout the waters of the state, thereby unduly interfering
3720	with the rights of fishers, boaters, and water skiers using the
3721	areas for recreational and commercial purposes. The Legislature
3722	further intends that the commission may identify and designate
3723	limited lanes or corridors providing for reasonable motorboat
3724	speeds within waters of the state whenever such lanes and
3725	corridors are consistent with manatee protection.
3726	(l)  The commission shall adopt rules pursuant to chapter
3727	120 regulating the operation and speed of motorboat traffic all
3728	year around within Turkey Creek and its tributaries and within
3729	Manatee Cove in Brevard County. The specific areas to be
3730	regulated consist of:
3731	1.  A body of water which starts at Melbourne-Tillman
3732	Drainage District structure MS-1, section 35, township 28 south,
3733	range 37 east, running east to include all natural waters and
3734	tributaries of Turkey Creek, section 26, township 28 south,
3735	range 37 east, to the confluence of Turkey Creek and the Indian
3736	River, section 24, township 28 south, range 37 east, including
3737	all lagoon waters of the Indian River bordered on the west by
3738	Palm Bay Point, the north by Castaway Point, the east by the
3739	four immediate spoil islands, and the south by Cape Malabar,
3740	thence northward along the shoreline of the Indian River to Palm
3741	Bay Point.
3742	2.  A triangle-shaped body of water forming a cove
3743	(commonly referred to as Manatee Cove) on the east side of the
3744	Banana River, with northern boundaries beginning and running
3745	parallel to the east-west cement bulkhead located 870 feet south
3746	of SR 520 Relief Bridge in Cocoa Beach and with western
3747	boundaries running in line with the City of Cocoa Beach channel
3748	markers 121 and 127 and all waters east of these boundaries in
3749	section 34, township 24 south, range 37 east; the center
3750	coordinates of this cove are 28°20'14" north, 80°35'17" west.
3751	(m)  The commission shall promulgate regulations pursuant
3752	to chapter 120 relating to the operation and speed of motor boat
3753	traffic in port waters with due regard to the safety
3754	requirements of such traffic and the navigational hazards
3755	related to the movement of commercial vessels.
3756	(n)  The commission may designate by rule adopted pursuant
3757	to chapter 120 other portions of state waters where manatees are
3758	frequently sighted and the best available scientific
3759	information, as well as other available, relevant, and reliable
3760	information, which may include but is not limited to, manatee
3761	surveys, observations, available studies of food sources, and
3762	water depths, supports the conclusion that manatees inhabit such
3763	waters periodically. Upon designation of such waters, the
3764	commission shall adopt rules pursuant to chapter 120 to regulate
3765	motorboat speed and operation which are necessary to protect
3766	manatees from harmful collisions with motorboats and from
3767	harassment. The commission may adopt rules pursuant to chapter
3768	120 to protect manatee habitat, such as seagrass beds, within
3769	such waters from destruction by boats or other human activity.
3770	Such rules shall not protect noxious aquatic plants subject to
3771	control under s. 369.20.
3772	(o)  The commission may designate, by rule adopted pursuant
3773	to chapter 120, limited areas as a safe haven for manatees to
3774	rest, feed, reproduce, give birth, or nurse undisturbed by human
3775	activity. Access by motor boat to private residences, boat
3776	houses, and boat docks through these areas by residents, and
3777	their authorized guests, who must cross one of these areas to
3778	have water access to their property is permitted when the
3779	motorboat is operated at idle speed, no wake.
3780	(p)  Except in the marked navigation channel of the Florida
3781	Intracoastal Waterway as defined in s. 327.02 and the area
3782	within 100 feet of such channel, a local government may
3783	regulate, by ordinance, motorboat speed and operation on waters
3784	within its jurisdiction where the best available scientific
3785	information, as well as other available, relevant, and reliable
3786	information, which may include but is not limited to, manatee
3787	surveys, observations, available studies of food sources, and
3788	water depths, supports the conclusion that manatees inhabit
3789	these areas on a regular basis. However, such an ordinance may
3790	not take effect until it has been reviewed and approved by the
3791	commission. If the commission and a local government disagree on
3792	the provisions of an ordinance, a local manatee protection
3793	committee must be formed to review the technical data of the
3794	commission and the United States Fish and Wildlife Service, and
3795	to resolve conflicts regarding the ordinance. The manatee
3796	protection committee must be comprised of:
3797	1.  A representative of the commission;
3798	2.  A representative of the county;
3799	3.  A representative of the United States Fish and Wildlife
3800	Service;
3801	4.  A representative of a local marine-related business;
3802	5.  A representative of the Save the Manatee Club;
3803	6.  A local fisher;
3804	7.  An affected property owner; and
3805	8.  A representative of the Florida Marine Patrol.
3806
3807	If local and state regulations are established for the same
3808	area, the more restrictive regulation shall prevail.
3809	(q)  The commission shall evaluate the need for use of
3810	fenders to prevent crushing of manatees between vessels (100' or
3811	larger) and bulkheads or wharves in counties where manatees have
3812	been crushed by such vessels. For areas in counties where
3813	evidence indicates that manatees have been crushed between
3814	vessels and bulkheads or wharves, the commission shall:
3815	1.  Adopt rules pursuant to chapter 120 requiring use of
3816	fenders for construction of future bulkheads or wharves; and
3817	2.  Implement a plan and time schedule to require
3818	retrofitting of existing bulkheads or wharves consistent with
3819	port bulkhead or wharf repair or replacement schedules.
3820
3821	The fenders shall provide sufficient standoff from the bulkhead
3822	or wharf under maximum operational compression to ensure that
3823	manatees cannot be crushed between the vessel and the bulkhead
3824	or wharf.
3825	(r)  Any violation of a restricted area established by this
3826	subsection, or established by rule pursuant to chapter 120 or
3827	ordinance pursuant to this subsection, shall be considered a
3828	violation of the boating laws of this state and shall be charged
3829	on a uniform boating citation as provided in s. 327.74, except
3830	as otherwise provided in paragraph (s). Any person who refuses
3831	to post a bond or accept and sign a uniform boating citation
3832	shall, as provided in s. 327.73(3), be guilty of a misdemeanor
3833	of the second degree, punishable as provided in s. 775.082 or s.
3834	775.083.
3835	(s)  Except as otherwise provided in this paragraph, any
3836	person violating the provisions of this subsection or any rule
3837	or ordinance adopted pursuant to this subsection commits a
3838	misdemeanor, punishable as provided in s. 379.407(1)(a) or (b)
3839	370.021(1)(a) or (b).
3840	1.  Any person operating a vessel in excess of a posted
3841	speed limit shall be guilty of a civil infraction, punishable as
3842	provided in s. 327.73, except as provided in subparagraph 2.
3843	2.  This paragraph does not apply to persons violating
3844	restrictions governing "No Entry" zones or "Motorboat
3845	Prohibited" zones, who, if convicted, shall be guilty of a
3846	misdemeanor, punishable as provided in s. 379.407(1)(a) or (b)
3847	370.021(1)(a) or (b), or, if such violation demonstrates blatant
3848	or willful action, may be found guilty of harassment as
3849	described in paragraph (d).
3850	3.  A person may engage in any activity otherwise
3851	prohibited by this subsection or any rule or ordinance adopted
3852	pursuant to this subsection if the activity is reasonably
3853	necessary in order to prevent the loss of human life or a vessel
3854	in distress due to weather conditions or other reasonably
3855	unforeseen circumstances, or in order to render emergency
3856	assistance to persons or a vessel in distress.
3857	(t)1.  In order to protect manatees and manatee habitat,
3858	the counties identified in the Governor and Cabinet's October
3859	1989 Policy Directive shall develop manatee protection plans
3860	consistent with commission criteria based upon "Schedule K" of
3861	the directive, and shall submit such protection plans for review
3862	and approval by the commission. Any manatee protection plans not
3863	submitted by July 1, 2004, and any plans not subsequently
3864	approved by the commission shall be addressed pursuant to
3865	subparagraph 2.
3866	2.  No later than January 1, 2005, the Fish and Wildlife
3867	Conservation Commission shall designate any county it has
3868	identified as a substantial risk county for manatee mortality as
3869	a county that must complete a manatee protection plan by July 1,
3870	2006. The commission is authorized to adopt rules pursuant to s.
3871	120.54 for identifying substantial risk counties and
3872	establishing criteria for approval of manatee protection plans
3873	for counties so identified. Manatee protection plans shall
3874	include the following elements at a minimum: education about
3875	manatees and manatee habitat; boater education; an assessment of
3876	the need for new or revised manatee protection speed zones;
3877	local law enforcement; and a boat facility siting plan to
3878	address expansion of existing and the development of new
3879	marinas, boat ramps, and other multislip boating facilities.
3880	3.  Counties required to adopt manatee protection plans
3881	under this paragraph shall incorporate the boating facility
3882	siting element of those protection plans within their respective
3883	comprehensive plans.
3884	4.  Counties that have already adopted approved manatee
3885	protection plans, or that adopt subsequently approved manatee
3886	protection plans by the effective date of this act, are in
3887	compliance with the provisions of this paragraph so long as they
3888	incorporate their approved boat facility siting plan into the
3889	appropriate element of their local comprehensive plan no later
3890	than July 1, 2003.
3891	(u)1.  Existing state manatee protection rules shall be
3892	given great weight in determining whether additional rules are
3893	necessary in a region where the measurable goals developed
3894	pursuant to s. 379.2291 372.072 have been achieved. However, the
3895	commission may amend existing rules or adopt new rules to
3896	address risks or circumstances in a particular area or waterbody
3897	to protect manatees.
3898	2.  As used in this paragraph, the term "region" means one
3899	of the four geographic areas defined by the United States Fish
3900	and Wildlife Service in the Florida Manatee Recovery Plan, 3rd
3901	revision (October 30, 2001).
3902	(3)  PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It is
3903	unlawful to catch, attempt to catch, molest, injure, kill, or
3904	annoy, or otherwise interfere with the normal activity and well-
3905	being of, mammalian dolphins (porpoises), except as may be
3906	authorized by a federal permit.
3907	(4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--
3908	(a)  Each fiscal year the Save the Manatee Trust Fund shall
3909	be available to fund an impartial scientific benchmark census of
3910	the manatee population in the state. Weather permitting, the
3911	study shall be conducted annually by the Fish and Wildlife
3912	Conservation Commission and the results shall be made available
3913	to the President of the Senate, the Speaker of the House of
3914	Representatives, and the Governor and Cabinet for use in the
3915	evaluation and development of manatee protection measures. In
3916	addition, the Save the Manatee Trust Fund shall be available for
3917	annual funding of activities of public and private organizations
3918	and those of the commission intended to provide manatee and
3919	marine mammal protection and recovery effort; manufacture and
3920	erection of informational and regulatory signs; production,
3921	publication, and distribution of educational materials;
3922	participation in manatee and marine mammal research programs,
3923	including carcass salvage and other programs; programs intended
3924	to assist the recovery of the manatee as an endangered species,
3925	assist the recovery of the endangered or threatened marine
3926	mammals, and prevent the endangerment of other species of marine
3927	mammals; and other similar programs intended to protect and
3928	enhance the recovery of the manatee and other species of marine
3929	mammals.
3930	(b)  By December 1 each year, the Fish and Wildlife
3931	Conservation Commission shall provide the President of the
3932	Senate and the Speaker of the House of Representatives a written
3933	report, enumerating the amounts and purposes for which all
3934	proceeds in the Save the Manatee Trust Fund for the previous
3935	fiscal year are expended, in a manner consistent with those
3936	recovery tasks enumerated within the manatee recovery plan as
3937	required by the Endangered Species Act.
3938	(c)  When the federal and state governments remove the
3939	manatee from status as an endangered or threatened species, the
3940	annual allocation may be reduced.
3941	(d)  Up to 10 percent of the annual use fee deposited in
3942	the Save the Manatee Trust Fund from the sale of the manatee
3943	license plate authorized in s. 320.08058 may be used to promote
3944	and market the license plate issued by the Department of Highway
3945	Safety and Motor Vehicles after June 30, 2007.
3946	(e)  During the 2007-2008 fiscal year, the annual use fee
3947	deposited into the Save the Manatee Trust Fund from the sale of
3948	the manatee license plate authorized in s. 320.08058 may be used
3949	by the commission to buy back any manatee license plates not
3950	issued by the Department of Highway Safety and Motor Vehicles.
3951	This paragraph expires July 1, 2008.
3952	Section 74.  Section 370.1201, Florida Statutes, is
3953	renumbered as section, 379.2432, Florida Statutes, to read:
3954	379.2432 370.1201  Manatee protection; intent; conduct of
3955	studies; initiatives and plans.--It is the intent of the
3956	Legislature that the commission request the necessary funding
3957	and staffing through a general revenue budget request to ensure
3958	that manatees receive the maximum protection possible. The
3959	Legislature recognizes that strong manatee protection depends
3960	upon consistently achieving a high degree of compliance with
3961	existing and future rules. The commission shall conduct
3962	standardized studies to determine levels of public compliance
3963	with manatee protection rules, and shall use the results of the
3964	studies, together with other relevant information, to develop
3965	and implement strategic law enforcement initiatives and boater
3966	education plans. Drawing upon information obtained from the
3967	compliance studies and the implementation of enforcement
3968	initiatives together with boater education plans, the commission
3969	shall identify any impediments in consistently achieving high
3970	levels of compliance, and adjust their enforcement and boater
3971	education efforts accordingly.
3972	Section 75.  Section 370.1202, Florida Statutes, is
3973	renumbered as section 379.2433, Florida Statutes, to read:
3974	379.2433 370.1202  Enhanced manatee protection study.--
3975	(1)  The Fish and Wildlife Conservation Commission shall
3976	implement and administer an enhanced manatee protection study
3977	designed to increase knowledge of the factors that determine the
3978	size and distribution of the manatee population in the waters of
3979	the state. The enhanced study shall be used by the commission in
3980	its mission to provide manatees with the maximum protection
3981	possible, while also allowing maximum recreational use of the
3982	state's waterways. The goal of the enhanced study is to collect
3983	data that will enable resource managers and state and local
3984	policymakers, in consultation with the public, to develop and
3985	implement sound science-based policies to improve manatee
3986	habitat, establish manatee protection zones, and maximize the
3987	size of safe boating areas for recreational use of state waters
3988	without endangering the manatee population.
3989	(2)(a)  As part of the enhanced manatee protection study,
3990	the Legislature intends that the commission shall contract with
3991	Mote Marine Laboratory to conduct a manatee habitat and
3992	submerged aquatic vegetation assessment that specifically
3993	considers:
3994	1.  Manatee populations that congregate in the warm water
3995	discharge sites at power plants in the state and the potential
3996	risks for disease resulting from increased congregation of
3997	manatees at these sites;
3998	2.  Development of research, monitoring, and submerged
3999	aquatic vegetation restoration priorities for manatee habitat in
4000	and near the warm water discharge sites at power plants in the
4001	state; and
4002	3.  The potential impacts on manatees and manatee habitat
4003	if power plants that provide warm water discharge sites where
4004	manatees congregate are closed, including how closure will
4005	affect the size and health of submerged aquatic vegetation
4006	areas.
4007	(b)  The Mote Marine Laboratory must submit an interim
4008	report on the manatee habitat and submerged aquatic vegetation
4009	assessment to the Governor, the Legislature, and the commission
4010	by September 1, 2006. The interim report must detail the
4011	progress of the assessment. The final report, due to the
4012	Governor, the Legislature, and the commission by January 1,
4013	2007, must detail the results of the assessment and include
4014	recommendations for protection of manatee habitat in warm water
4015	discharge sites at power plants in the state.
4016	(c)  The commission shall ensure that funds allocated to
4017	implement the manatee habitat and submerged aquatic vegetation
4018	assessment are expended in a manner that is consistent with the
4019	requirements of this subsection. The commission may require an
4020	annual audit of the expenditures made by Mote Marine Laboratory.
4021	Copies of any audit requested under this subsection must be
4022	provided to the appropriate substantive and appropriations
4023	committees of the Senate and the House of Representatives as
4024	they become available.
4025	(3)  As part of the enhanced manatee protection study, the
4026	Legislature intends that the commission must conduct a signage
4027	and boat speed assessment to evaluate the effectiveness of
4028	manatee protection signs and sign placement and to assess boat
4029	speeds. The commission shall evaluate existing data on manatee
4030	mortality before and after existing manatee protection zones
4031	were established, boater compliance and comprehension of
4032	regulatory signs and buoys, changes in boating traffic patterns,
4033	and manatee distribution and behavior. The commission shall also
4034	provide recommendations on innovative marker designs that are in
4035	compliance with the federal aids to navigation system. The
4036	signage and boat speed assessment must address:
4037	(a)  The effectiveness of signs and buoys to warn boaters
4038	of manatee slow-speed zones, with a goal of developing federally
4039	approved standards for marking manatee protection zones;
4040	(b)  A determination of where buoys may be used in place of
4041	pilings for boating safety purposes; and
4042	(c)  An evaluation of higher speed travel corridors in
4043	manatee zones to determine the most effective speed to balance
4044	safe boating, recreational use, vessel operating
4045	characteristics, and manatee protection.
4046
4047	The commission shall complete its signage and boat speed
4048	assessment by January 1, 2007, and must submit a report of its
4049	findings to the Governor, the President of the Senate, and the
4050	Speaker of the House of Representatives by February 1, 2007. The
4051	report must detail the results of the assessment and identify
4052	specific recommendations for developing state and local policies
4053	relating to the appropriate placement of signs, including
4054	innovative markers, in manatee slow-speed zones.
4055	(4)  The commission is authorized to develop and implement
4056	the use of genetic tagging to improve its ability to assess the
4057	status and health of the manatee population, including the
4058	health and reproductive capacity of manatees, estimating annual
4059	survival rates through mark recapture studies, determining
4060	migration patterns, and determining maternity and paternity. The
4061	development and use of genetic tagging may be done in
4062	cooperation with federal agencies or other entities, such as
4063	genetic laboratories at schools within the State University
4064	System.
4065	Section 76.  Section 370.10, Florida Statutes, is
4066	renumbered as section 379.244, Florida Statutes, to read:
4067	379.244 370.10  Crustacea, marine animals, fish;
4068	regulations; general provisions.--
4069	(1)  OWNERSHIP OF FISH, SPONGES, ETC.--All fish, shellfish,
4070	sponges, oysters, clams, and crustacea found within the rivers,
4071	creeks, canals, lakes, bayous, lagoons, bays, sounds, inlets,
4072	and other bodies of water within the jurisdiction of the state,
4073	and within the Gulf of Mexico and the Atlantic Ocean within the
4074	jurisdiction of the state, excluding all privately owned
4075	enclosed fish ponds not exceeding 150 acres, are the property of
4076	the state and may be taken and used by its citizens and persons
4077	not citizens, subject to the reservations and restrictions
4078	imposed by these statutes. No water bottoms owned by the state
4079	shall ever be sold, transferred, dedicated, or otherwise
4080	conveyed without reserving in the people the absolute right to
4081	fish thereon, except as otherwise provided in these statutes.
4082	(2)  TAKING SALTWATER SPECIES FOR EXPERIMENTAL,
4083	AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION
4084	PURPOSES.--Notwithstanding any other provisions of general or
4085	special law to the contrary, the Fish and Wildlife Conservation
4086	Commission may authorize, upon such terms, conditions, and
4087	restrictions as it may prescribe by rule, any properly
4088	accredited person to harvest or possess indigenous or
4089	nonindigenous saltwater species for experimental, scientific,
4090	education, and exhibition purposes or to harvest or possess
4091	reasonable quantities of aquacultural species for brood stock.
4092	Such authorizations may allow collection of specimens without
4093	regard to, and not limited to, size, seasonal closure,
4094	collection method, reproductive state, or bag limit.
4095	Authorizations issued under the provisions of this section may
4096	be suspended or revoked by the Fish and Wildlife Conservation
4097	Commission if it finds that the person has violated this
4098	section, Fish and Wildlife Conservation Commission rules or
4099	orders, or terms or conditions of the authorization or has
4100	submitted false or inaccurate information in his or her
4101	application.
4102	Section 77.  Section 370.1405, Florida Statutes, is
4103	renumbered as section 379.245, Florida Statutes, and amended to
4104	read:
4105	379.245 370.1405  Spiny lobster reports by dealers during
4106	closed season required.--
4107	(1)  Within 3 days after the commencement of the closed
4108	season for the taking of spiny lobster, each and every seafood
4109	dealer, either retail or wholesale, intending to possess whole
4110	spiny lobster, spiny lobster tails, or spiny lobster meat during
4111	closed season shall submit to the Fish and Wildlife Conservation
4112	Commission, on forms provided by the commission, a sworn report
4113	of the quantity, in pounds, of whole spiny lobster, spiny
4114	lobster tails, and spiny lobster meat in the dealer's name or
4115	possession as of the date the season closed. This report shall
4116	state the location and number of pounds of whole spiny lobster,
4117	spiny lobster tails, and spiny lobster meat. The commission
4118	shall not accept any reports not delivered or postmarked by
4119	midnight of the 3rd calendar day after the commencement of the
4120	closed season, and any stocks of spiny lobster reported therein
4121	are declared a nuisance and may be seized by the commission.
4122	(2)  Failure to submit a report as described in subsection
4123	(1) or reporting a greater or lesser amount of whole spiny
4124	lobster, spiny lobster tails, or spiny lobster meat than is
4125	actually in the dealer's possession or name is a major violation
4126	of this chapter, punishable as provided in s. 379.407(1),
4127	379.414 370.021(1), s. 370.07(6)(b), or both. The commission
4128	shall seize the entire supply of unreported or falsely reported
4129	whole spiny lobster, spiny lobster tails, or spiny lobster meat,
4130	and shall carry the same before the court for disposal. The
4131	dealer shall post a cash bond in the amount of the fair value of
4132	the entire quantity of unreported or falsely reported spiny
4133	lobster as determined by the judge. After posting the cash bond,
4134	the dealer shall have 24 hours to transport said products
4135	outside the limits of Florida for sale as provided by s. 379.337
4136	370.061. Otherwise, the product shall be declared a nuisance and
4137	disposed of by the commission according to law.
4138	(3)  All dealers having reported stocks of spiny lobster
4139	may sell or offer to sell such stocks of spiny lobster; however,
4140	such dealers shall submit an additional report on the last day
4141	of each month during the duration of the closed season. Reports
4142	shall be made on forms supplied by the commission. Each dealer
4143	shall state on this report the number of pounds brought forward
4144	from the previous report period, the number of pounds sold
4145	during the report period, the number of pounds, if any, acquired
4146	from a licensed wholesale dealer during the report period, and
4147	the number of pounds remaining on hand. In every case, the
4148	amount of spiny lobster sold plus the amount reported on hand
4149	shall equal the amount acquired plus the amount reported
4150	remaining on hand in the last submitted report. Copies of
4151	records or invoices documenting the number of pounds acquired
4152	during the closed season must be maintained by the wholesale or
4153	retail dealer and shall be kept available for inspection by the
4154	commission for a period not less than 3 years from the date of
4155	the recorded transaction. Reports postmarked later than midnight
4156	on the 3rd calendar day of each month during the duration of the
4157	closed season will not be accepted by the commission. Dealers
4158	for which late supplementary reports are not accepted by the
4159	commission must show just cause why their entire stock of whole
4160	spiny lobster, spiny lobster tails, or spiny lobster meat should
4161	not be seized by the commission. Whenever a dealer fails to
4162	timely submit the monthly supplementary report as described in
4163	this subsection, the dealer may be subject to the following
4164	civil penalties:
4165	(a)  For a first violation, the commission shall assess a
4166	civil penalty of $500.
4167	(b)  For a second violation within the same spiny lobster
4168	closed season, the commission shall assess a civil penalty of
4169	$1,000.
4170	(c)  For a third violation within the same spiny lobster
4171	closed season, the commission shall assess a civil penalty of
4172	$2,500 and may seize said dealer's entire stock of whole spiny
4173	lobster, spiny lobster tails, or spiny lobster meat and carry
4174	the same before the court for disposal. The dealer shall post a
4175	cash bond in the amount of the fair value of the entire
4176	remaining quantity of spiny lobster as determined by the judge.
4177	After posting the cash bond, a dealer shall have 24 hours to
4178	transport said products outside the limits of Florida for sale
4179	as provided by s. 379.337 370.061. Otherwise, the product shall
4180	be declared a nuisance and disposed of by the commission
4181	according to law.
4182	(4)  All seafood dealers shall at all times during the
4183	closed season make their stocks of whole spiny lobster, spiny
4184	lobster tails, or spiny lobster meat available for inspection by
4185	the commission.
4186	(5)  Each wholesale and retail dealer in whole spiny
4187	lobster, spiny lobster tails, or spiny lobster meat shall keep
4188	throughout the period of the spiny lobster closed season copies
4189	of the bill of sale or invoice covering each transaction
4190	involving whole spiny lobster, spiny lobster tails, or spiny
4191	lobster meat. Such invoices and bills shall be kept available at
4192	all times for inspection by the commission.
4193	(6)  The Fish and Wildlife Conservation Commission may
4194	adopt rules incorporating by reference such forms as are
4195	necessary to administer this section.
4196	Section 78.  Section 370.151, Florida Statutes, is
4197	renumbered as section 379.246, Florida Statutes, and amended to
4198	read:
4199	379.246 370.151  Tortugas shrimp beds; gifted and loan
4200	property penalties.--
4201	(1)  It is the intention of the Legislature that action
4202	should be taken to conserve the supply of shrimp in the large
4203	shrimp beds which lie in and around the coast of the Lower Keys
4204	of Florida and in the vicinity of the islands of Dry Tortugas in
4205	the Florida Keys, hereinafter referred to as the "Tortugas
4206	Shrimp Bed," and which furnish more than 50 percent of the
4207	shrimp in waters adjacent to the coast of Florida. It is further
4208	the sense of this Legislature that the shrimp industry is a
4209	valuable industry to the economy of this state and deserves
4210	adequate protection.
4211	(1)(2)(a)  The Fish and Wildlife Conservation Commission is
4212	authorized to take title in the name of the state to any vessel
4213	or vessels suitable for use in carrying out the inspection and
4214	patrol of the Tortugas Bed which may be offered as a gift to the
4215	state by any person, firm, corporation, or association in the
4216	shrimp industry for the purpose of carrying out the provisions
4217	of this section. In the event such title is taken to such vessel
4218	or vessels, the commission is authorized to operate and keep
4219	said vessel or vessels in proper repair.
4220	(2)(b)  The commission is further authorized to accept the
4221	temporary loan of any vessel or vessels, suitable for use in
4222	carrying out the provisions of this section, for periods not
4223	exceeding 1 year. However, the state shall not assume any
4224	liability to the owner or owners of said vessels for any damage
4225	done by said vessels to other vessels, persons, or property. In
4226	the operation of said loaned vessels, upkeep and repair shall
4227	consist only of minor repairs and routine maintenance. The owner
4228	or owners shall carry full marine insurance coverage on said
4229	loaned vessel or vessels for the duration of the period during
4230	which said vessels are operated by the state.
4231	(3)  The owner or master of any vessel not equipped with
4232	live shrimp bait tanks dragging shrimp nets in the above-defined
4233	area without a live bait shrimping license for this area is
4234	guilty of a violation of this section. A third or any subsequent
4235	violation by any person under this subsection within a 3-year
4236	period shall be a felony of the third degree, punishable as
4237	provided in ss. 775.082 and 775.083.
4238	Section 79.  Section 370.153, Florida Statutes, is
4239	renumbered as section 379.247, Florida Statutes, and amended to
4240	read:
4241	379.247 370.153  Regulation of shrimp fishing; Clay, Duval,
4242	Nassau, Putnam, Flagler, and St. Johns Counties.--
4243	(1)  DEFINITIONS.--When used in this section, unless the
4244	context clearly requires otherwise:
4245	(a)  "Inland waters" means all creeks, rivers, bayous,
4246	bays, inlets, and canals.
4247	(b)  "Sample" means one or more shrimp taken from an
4248	accurately defined part of the area defined.
4249	(c)  "Series" means 10 or more samples taken within a
4250	period of not more than 1 week, each sample being taken at a
4251	different station within the pattern.
4252	(d)  "Pattern" means 10 or more stations.
4253	(e)  "Station" means a single location on the water of the
4254	areas defined.
4255	(f)  "Licensed live bait shrimp producer" means any
4256	individual licensed by the Fish and Wildlife Conservation
4257	Commission to employ the use of any trawl for the taking of live
4258	bait shrimp within the inland waters of Nassau, Duval, St.
4259	Johns, Putnam, Flagler, or Clay Counties.
4260	(g)  "Licensed dead shrimp producer" means any individual
4261	licensed by the Fish and Wildlife Conservation Commission to
4262	employ the use of any trawl for the taking of shrimp within the
4263	inland waters of Nassau, Duval, St. Johns, Putnam, Flagler, or
4264	Clay Counties.
4265	(2)  SHRIMPING PROHIBITED.--It is unlawful to employ the
4266	use of any trawl or other net, except a common cast net,
4267	designed for or capable of taking shrimp, within the inland
4268	waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay
4269	Counties, except as hereinafter provided.
4270	(3)  LIVE BAIT SHRIMP PRODUCTION.--
4271	(a)  A live bait shrimp production license shall be issued
4272	by the Fish and Wildlife Conservation Commission upon the
4273	receipt of an application by a person intending to use a boat,
4274	not to exceed 35 feet in length in Duval, St. Johns, Putnam,
4275	Flagler, and Clay Counties and not to exceed 45 feet in length
4276	in Nassau County, for live shrimp production within the inland
4277	waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay
4278	Counties and the payment of a fee of $250. The annual fee of
4279	$250 shall be collected by the commission for the issuance of
4280	the license during a 60-day period beginning June 1 of each
4281	year. The design of the application and permit shall be
4282	determined by the commission. The proceeds of the fee imposed by
4283	this paragraph shall be used by the Fish and Wildlife
4284	Conservation Commission for the purposes of enforcement of
4285	marine resource laws.
4286	(b)  The Executive Director of the Fish and Wildlife
4287	Conservation Commission, or his or her designated
4288	representative, may by order close certain areas to live bait
4289	shrimp production when sampling procedures justify the closing
4290	based upon sound conservation practices. The revocation of any
4291	order to close has the effect of opening the area.
4292	(c)1.  Each licensed live bait shrimp producer who stores
4293	his or her catch for sale or sells his or her catch shall
4294	either:
4295	a.  Maintain onshore facilities which have been annually
4296	checked and approved by the local commission office to assure
4297	the facilities' ability to maintain the catch alive when the
4298	live bait shrimp producer produces for his or her own facility;
4299	or
4300	b.  Sell his or her catch only to persons who have onshore
4301	facilities that have been annually checked and approved by the
4302	local commission office to assure the facilities' ability to
4303	maintain the catch alive, when the producer sells his or her
4304	catch to an onshore facility. The producer shall provide the
4305	commission with the wholesale number of the facility to which
4306	the shrimp have been sold and shall submit this number on a form
4307	designed and approved by the commission.
4308	2.  All persons who maintain onshore facilities as
4309	described in this paragraph, whether the facilities are
4310	maintained by the licensed live bait shrimp producer or by
4311	another party who purchases shrimp from live bait shrimp
4312	producers, shall keep records of their transactions in
4313	conformance with the provisions of s. 379.362(6) 370.07(6).
4314	(d)  All commercial trawling in Clay, Duval, and St. Johns
4315	Counties shall be restricted to the inland waters of the St.
4316	Johns River proper in the area north of the Acosta Bridge in
4317	Jacksonville and at least 100 yards from the nearest shoreline.
4318	(e)  A live shrimp producer must also be a licensed
4319	wholesale dealer. Such person shall not sell live bait shrimp
4320	unless he or she produces a live bait shrimp production license
4321	at the time of sale.
4322	(f)  The commission shall rename the Live Bait Shrimp
4323	Production License as the Commercial Live Shrimp Production
4324	License.
4325	(4)  DEAD SHRIMP PRODUCTION.--Any person may operate as a
4326	commercial dead shrimp producer provided that:
4327	(a)  A dead shrimp production permit is procured from the
4328	Fish and Wildlife Conservation Commission upon the receipt by
4329	the commission of a properly filled out and approved application
4330	by a person intending to use a boat, not to exceed 35 feet in
4331	length in Duval, St. Johns, Putnam, and Clay Counties, and not
4332	to exceed 45 feet in length in Nassau County, for dead shrimp
4333	production within the inland waters of Nassau County and the
4334	inland waters of the St. Johns River of Duval, Putnam, St.
4335	Johns, Flagler, or Clay Counties, which permit shall cost $250
4336	and shall be required for each vessel used for dead shrimp
4337	production. The design of the application and permit shall be
4338	determined by the Fish and Wildlife Conservation Commission. The
4339	proceeds of the fees imposed by this paragraph shall be
4340	deposited into the account of the Marine Resources Conservation
4341	Trust Fund to be used by the commission for the purpose of
4342	enforcement of marine resource laws.
4343	(b)  All commercial trawling in the St. Johns River proper
4344	shall be restricted to the area north of the Acosta Bridge in
4345	Jacksonville and at least 100 yards from the nearest shoreline.
4346	(c)  All commercial shrimping activities shall be allowed
4347	during daylight hours from Tuesday through Friday each week.
4348	(d)  No person holding a dead shrimp production permit
4349	issued pursuant to this subsection shall simultaneously hold a
4350	permit for noncommercial trawling under the provisions of
4351	subsection (5). The number of permits issued by the commission
4352	for commercial trawling or dead shrimp production in any one
4353	year shall be limited to those active in the base year, 1976,
4354	and renewed annually since 1976. All permits for dead shrimp
4355	production issued pursuant to this section shall be inheritable
4356	or transferable to an immediate family member and annually
4357	renewable by the holder thereof. Such inheritance or transfer
4358	shall be valid upon being registered with the commission. Each
4359	permit not renewed shall expire and shall not be renewed under
4360	any circumstances.
4361	(e)  It is illegal for any person to sell dead shrimp
4362	caught in the inland waters of Nassau, Duval, Clay, Putnam, and
4363	St. Johns Counties, unless the seller is in possession of a dead
4364	shrimp production license issued pursuant to this subsection.
4365	(f)  It is illegal for any person to purchase shrimp for
4366	consumption or bait from any seller (with respect to shrimp
4367	caught in the inland waters of Nassau, Duval, Clay, Putnam, and
4368	St. Johns Counties (St. Johns River)) who does not produce his
4369	or her dead shrimp production license prior to the sale of the
4370	shrimp.
4371	(g)  In addition to any other penalties provided for in
4372	this section, any person who violates the provisions of this
4373	subsection shall have his or her license revoked by the
4374	commission.
4375	(h)  The commission shall rename the Dead Shrimp Production
4376	License as the Commercial Food Shrimp Production License.
4377	(5)  NONCOMMERCIAL TRAWLING.--If noncommercial trawling is
4378	authorized by the Fish and Wildlife Conservation Commission, any
4379	person may trawl for shrimp in the St. Johns River for his or
4380	her own use as food under the following conditions:
4381	(a)  Each person who desires to trawl for shrimp for use as
4382	food shall obtain a noncommercial trawling permit from the local
4383	office of the Fish and Wildlife Conservation Commission upon
4384	filling out an application on a form prescribed by the
4385	commission and upon paying a fee for the permit, which shall
4386	cost $50.
4387	(b)  All trawling shall be restricted to the confines of
4388	the St. Johns River proper in the area north of the Acosta
4389	Bridge in Jacksonville and at least 100 yards from the nearest
4390	shoreline.
4391	(c)  No shrimp caught by a person licensed under the
4392	provisions of this subsection may be sold or offered for sale.
4393	(6)  SAMPLING PROCEDURE.--
4394	(a)  The Executive Director of the Fish and Wildlife
4395	Conservation Commission shall have samples taken at established
4396	stations within patterns at frequent intervals.
4397	(b)  No area may be closed to live bait shrimp production
4398	unless a series of samples has been taken and it has been
4399	determined that the shrimp are undersized or that continued
4400	shrimping in this area would have an adverse effect on
4401	conservation. Standards for size may be established by rule of
4402	the commission.
4403	(c)  No area may be opened to dead shrimp production unless
4404	a series of samples has been taken and it has been determined
4405	that the shrimp are of legal size. Legal-sized shrimp shall be
4406	defined as not more than 47 shrimp with heads on, or 70 shrimp
4407	with heads off, per pound.
4408	(7)  LICENSE POSSESSION.--The operator of a boat employing
4409	the use of any trawl for shrimp production must be in possession
4410	of a current shrimp production license issued to him or her
4411	pursuant to the provisions of this section.
4412	(8)  USE OF TRAWL; LIMITATION.--
4413	(a)  The use of a trawl by either a live bait shrimp
4414	producer or dead shrimp producer shall be limited to the
4415	daylight hours, and the taking of dead shrimp shall not take
4416	place on Saturdays, Sundays, or legal state holidays.
4417	(b)  The use of a trawl by either a live bait shrimp
4418	producer or dead shrimp producer within 100 yards of any
4419	shoreline is prohibited. The Fish and Wildlife Conservation
4420	Commission, by rule or order, may define the area or areas where
4421	this subsection shall apply.
4422	(c)1.  It is unlawful to employ the use of any trawl
4423	designed for, or capable of, taking shrimp within 1/4 mile of
4424	any natural or manmade inlet in Duval County or St. Johns
4425	County.
4426	2.  It is unlawful for anyone to trawl in the Trout River
4427	west of the bridge on U.S. 17 in Duval County.
4428	(9)  CREDITS.--Fees paid pursuant to paragraphs (3)(a) and
4429	(4)(a) of this section shall be credited against the saltwater
4430	products license fee.
4431	Section 80.  Section 370.17, Florida Statutes, is
4432	renumbered as section 379.248, Florida Statutes, and amended to
4433	read:
4434	379.248 370.17  Sponges; regulation.--
4435	(1)  NONRESIDENT LICENSE; SPONGE FISHING.--Any nonresident
4436	of the state, who desires to engage in the business or
4437	occupation of sponge fishing, either for that person or any
4438	other person, shall, before entering into said business or
4439	occupation, procure a nonresident saltwater products license
4440	issued in the name of an individual or to a valid boat
4441	registration pursuant to s. 379.361 370.06.
4442	(2)  USE AND SIZE OF HOOKS.--Any person engaged in
4443	gathering sponges by use of a hook shall use a hook 5 inches
4444	wide for the purpose of removing sponges from the bottom, and no
4445	hook of other dimensions may be used.
4446	(3)  TAKING, POSSESSING COMMERCIAL; SIZE.--
4447	(a)  No person may take, by any means or method, from the
4448	waters of the Gulf of Mexico, the straits of this state or the
4449	other waters within the territorial limits of this state, any
4450	commercial sponges, measuring, when wet, less than 5 inches in
4451	their maximum diameter.
4452	(b)  To make effective the foregoing subsection it is
4453	further provided that no person may land, cure, deliver, offer
4454	for sale, sell, or have in his or her possession, within the
4455	territorial limits of this state, or upon any boat, vessel, or
4456	vehicle, other than those operated interstate by common
4457	carriers, within the territorial limits of this state, any
4458	commercial sponges measuring, when wet, less than 5 inches in
4459	their maximum diameter.
4460	(c)  The presence of commercial sponges within the
4461	territorial limits of this state, or upon any boat, vessel, or
4462	vehicle, other than those operated interstate by common
4463	carriers, within the territorial limits of this state,
4464	measuring, when wet, less than 5 inches in their maximum
4465	diameter, shall be evidence that the person having such sponges
4466	in his or her possession has violated this section.
4467	(4)  POWERS OF THE COMMISSION.--The commission is
4468	authorized and empowered to make, promulgate, and put into
4469	effect all rules and regulations which the commission may
4470	consider and decide to be necessary to accomplish the purpose of
4471	this chapter for the taking and cultivation of sponges,
4472	including the power and authority to determine and fix, in its
4473	discretion, the seasons and period of time within which public
4474	state grounds may be closed to the taking, possessing, buying,
4475	selling, or transporting of sponges from the sponge cultivation
4476	districts herein provided for and to regulate and prescribe the
4477	means and methods to be employed in the harvesting thereof;
4478	however, notice of all rules, regulations, and orders, and all
4479	revisions and amendments thereto, prescribing closed seasons or
4480	prescribing the means and methods of harvesting sponges adopted
4481	by the commission shall be published in a newspaper of general
4482	circulation in the conservation district affected within 10 days
4483	from the adoption thereof, in addition to any notice required by
4484	chapter 120.
4485	(5)  COOPERATION WITH UNITED STATES FISH AND WILDLIFE
4486	SERVICE.--The commission shall cooperate with the United States
4487	Fish and Wildlife Service, under existing federal laws, rules
4488	and regulations, and is authorized to accept donations, grants
4489	and matching funds from said federal government under such
4490	conditions as are reasonable and proper, for the purposes of
4491	carrying out this chapter, and the commission is further
4492	authorized to accept any and all donations including funds and
4493	loan of vessels.
4494	(6)  PENALTY.--Any person violating any of the foregoing
4495	provisions shall, for the second offense, be guilty of a felony
4496	of the third degree, punishable as provided in s. 775.082, s.
4497	775.083, or s. 775.084, and by the confiscation of all boats,
4498	tackle and equipment used in the commission of such violation.
4499	Section 81.  Section 370.25, Florida Statutes, is
4500	renumbered as section 379.249, Florida Statutes, to read:
4501	379.249 370.25  Artificial reef program; grants and
4502	financial and technical assistance to local governments.--
4503	(1)  An artificial reef program is created within the
4504	commission to enhance saltwater opportunities and to promote
4505	proper management of fisheries resources associated with
4506	artificial reefs for the public interest. Under the program, the
4507	commission may provide grants and financial and technical
4508	assistance to coastal local governments, state universities, and
4509	nonprofit corporations qualified under s. 501(c)(3) of the
4510	Internal Revenue Code for the siting and development of
4511	artificial reefs as well as for monitoring and evaluating such
4512	reefs and their recreational, economic, and biological
4513	effectiveness. The commission is authorized to accept title, on
4514	behalf of the state, to vessels for use in the artificial reef
4515	program as offshore artificial reefs. The program may be funded
4516	from state, federal, and private contributions.
4517	(2)  The commission may adopt by rule procedures for
4518	submitting an application for financial assistance and criteria
4519	for allocating available funds.
4520	(3)  The commission may adopt by rule criteria for siting,
4521	constructing, managing, and evaluating the effectiveness of
4522	artificial reefs placed in state or adjacent federal waters and
4523	criteria implementing the transfer of vessel titles to the state
4524	for use as an offshore artificial reef.
4525	(4)  The commission may adopt by rule criteria for
4526	determining the eligibility of nonprofit corporations qualified
4527	under s. 501(c)(3) of the Internal Revenue Code to apply for and
4528	receive funds available for artificial reef development or
4529	evaluation. The criteria must include, but are not limited to,
4530	the following:
4531	(a)  The corporation must show proof that it is a nonprofit
4532	corporation qualified under s. 501(c)(3) of the Internal Revenue
4533	Code.
4534	(b)  The corporation must state in its articles of
4535	incorporation or bylaws that one of its objectives is the
4536	development or monitoring of artificial reefs.
4537	(5)  The commission's artificial reef program shall track
4538	all artificial-reef-development activities statewide, and
4539	maintain a computer database of these activities for the public
4540	interest and to facilitate long-range planning and coordination
4541	within the commission and among local governments.
4542	(6)  It is unlawful for any person to:
4543	(a)  Place artificial-reef-construction materials in state
4544	waters outside zones permitted under the terms and conditions
4545	defined in any artificial-reef permits issued by the United
4546	States Army Corps of Engineers or by the Department of
4547	Environmental Protection.
4548	(b)  Store, possess, or transport on or across state waters
4549	any materials reasonably suited for artificial-reef construction
4550	and stored in a manner providing ready access for use and
4551	placement as an artificial reef, unless a valid cargo manifest
4552	issued by the commission or a commission-certified inspector is
4553	onboard the transporting vessel. The manifest will serve as
4554	authorization to use a valid permitted site or land-based
4555	staging area, will validate that the type of artificial-reef
4556	construction material being transported is permissible for use
4557	at the permitted site, and will describe and quantify the
4558	artificial-reef material being transported. The manifest will
4559	also include the latitude and longitude coordinates of the
4560	proposed deployment location, the valid permit number, and a
4561	copy of the permit conditions for the permitted site. The
4562	manifest must be available for inspection by any authorized law
4563	enforcement officer or commission employee.
4564	(7)(a)  An initial violation of subsection (6) is a
4565	misdemeanor of the first degree, punishable as provided in s.
4566	775.082 or s. 775.083. A subsequent violation of subsection (6)
4567	which is committed within 12 months after a previous violation
4568	of that subsection is a felony of the third degree, punishable
4569	as provided in s. 775.082, s. 775.083, or s. 775.084.
4570	(b)  If a violation of subsection (6) occurs, a law
4571	enforcement officer may terminate a vessel's voyage and order
4572	the vessel operator to return immediately to port. Failure or
4573	refusal to comply with an order to return to port constitutes a
4574	felony of the third degree, punishable as provided in s.
4575	775.082, s. 775.083, or s. 775.084. The vessel operator must
4576	immediately dispose of the materials on shore according to
4577	applicable waste disposal laws.
4578	(c)  If, at the time of the violation, the vessel that is
4579	involved in the violation:
4580	1.  Is moored at a land-based facility, the registered
4581	owner of the vessel is responsible for the violation.
4582	2.  Is underway or anchored, the captain or operator of the
4583	vessel and the registered owner of the vessel are jointly
4584	responsible for the violation.
4585	(d)  In addition to the penalties imposed in this
4586	subsection, the commission shall assess civil penalties of up to
4587	$5,000 against any person convicted of violating subsection (6)
4588	and may seek the suspension or revocation of the vessel
4589	registration, existing reef-construction permits, or other state
4590	marine licenses held by the violator. For the purposes of this
4591	section, conviction includes any judicial disposition other than
4592	acquittal or dismissal.
4593	Section 82.  Section 370.23, Florida Statutes, is
4594	renumbered as section 379.25, Florida Statutes, to read:
4595	379.25 370.23  Sale of unlawfully landed product;
4596	jurisdiction.--It is unlawful for any person to bring to port,
4597	sell, or offer to sell any saltwater life landed in violation of
4598	the provisions of this chapter. Any person committing such a
4599	violation and docking his or her vessel at any port in the
4600	state, whether or not such product was landed in the territorial
4601	waters of the state, shall be deemed to have submitted himself
4602	or herself to the jurisdiction of the courts of this state for
4603	the purpose of the enforcement of the provisions of this
4604	chapter.
4605	Section 83.  Section 370.1601, Florida Statutes, is
4606	renumbered as section 379.2511, Florida Statutes, and amended to
4607	read:
4608	379.2511 370.1601  Lease of state-owned water bottoms for
4609	growing oysters and clams.--Effective July 1, 1988, persons
4610	wishing to lease state-owned water bottoms for the purpose of
4611	growing oysters and clams shall no longer be required to apply
4612	under the provisions of s. 379.2525 370.16; such leases shall be
4613	issued pursuant to the provisions of ss. 253.67-253.75.
4614	Section 84.  Section 370.161, Florida Statutes, is
4615	renumbered as section 379.2512, Florida Statutes, to read:
4616	379.2512 370.161  Oyster bottom land grants made pursuant
4617	to ch. 3293.--
4618	(1)  All grants previously issued by the several boards of
4619	county commissioners under the authority of chapter 3293, 1881,
4620	Laws of Florida, shall be subject to provisions of s. 597.010,
4621	relating to the marking of such lands, the payment of rents, the
4622	cultivation of such lands and the forfeiture provisions.
4623	(2)  Any grantee of lands referred to in subsection (1)
4624	shall mark such lands and begin cultivation thereof as set forth
4625	in s. 597.010, within 90 days after the effective date of this
4626	act. The rentals prescribed by s. 597.010, shall be payable
4627	immediately upon the effective date of this act and in
4628	accordance with the provisions of said section.
4629	(3)  If any grantee shall fail to comply with the
4630	provisions of this act his or her grant shall become null and
4631	void and the lands shall return to the ownership and
4632	jurisdiction of the state.
4633	Section 85.  Section 370.027, Florida Statutes, is
4634	renumbered as section 379.2521, Florida Statutes, and amended to
4635	read:
4636	379.2521 370.027  Rulemaking authority with respect to
4637	marine life.--Marine aquaculture producers shall be regulated by
4638	the Department of Agriculture and Consumer Services. The Fish
4639	and Wildlife Conservation Commission shall adopt rules, by March
4640	1, 2000, to regulate the sale of farmed red drum and spotted sea
4641	trout. These rules shall specifically provide for the protection
4642	of the wild resource, without restricting a certified
4643	aquaculture producer pursuant to s. 597.004 from being able to
4644	sell farmed fish. To that extent, these rules must only require
4645	that farmed fish be kept separate from wild fish and be fed
4646	commercial feed; that farmed fish be placed in sealed
4647	containers; that these sealed containers must have the name,
4648	address, telephone number and aquaculture certificate number,
4649	issued pursuant to s. 597.004, of the farmer clearly and
4650	indelibly placed on the container; and that this information
4651	must accompany the fish to the ultimate point of sale. Marine
4652	aquaculture products produced by a marine aquaculture producer,
4653	certified pursuant to s. 597.004, are exempt from Fish and
4654	Wildlife Conservation Commission resource management rules, with
4655	the exception of such rules governing any fish of the genus
4656	Centropomus (snook). By July 1, 2000, the Fish and Wildlife
4657	Conservation Commission shall develop procedures to allow
4658	persons possessing a valid aquaculture certificate of
4659	registration to sell and transport live snook produced in
4660	private ponds or private hatcheries as brood stock, to stock
4661	private ponds, or for aquarium display consistent with the
4662	provisions of rules adopted by the Department of Agriculture and
4663	Consumer Services rule 39-23.009, Florida Administrative Code.
4664	Section 86.  Section 370.1603, Florida Statutes, is
4665	renumbered as section 379.2522, Florida Statutes, and amended to
4666	read:
4667	379.2522 370.1603  Oysters produced in and outside state;
4668	labeling; tracing; rules.--
4669	(1)  No wholesale or retail dealer, as defined in s.
4670	379.362 (1) 370.07(1), shall sell any oysters produced outside
4671	this state unless they are labeled as such, or unless it is
4672	otherwise reasonably made known to the purchaser that the
4673	oysters were not produced in this state.
4674	(2)  The Department of Agriculture and Consumer Services
4675	shall promulgate rules whereby oysters produced in Florida
4676	waters can be traced to the location from which they were
4677	harvested. A wholesale or retail dealer may not sell any oysters
4678	produced in this state unless they are labeled so that they may
4679	be traced to the point of harvesting.
4680	Section 87.  Section 370.26, Florida Statutes, is
4681	renumbered as section 379.2523, Florida Statutes, and amended to
4682	read:
4683	379.2523 370.26  Aquaculture definitions; marine
4684	aquaculture products, producers, and facilities.--
4685	(1)  As used in this section, the term:
4686	(a)  "Marine aquaculture facility" means a facility built
4687	and operated for the purpose of producing marine aquaculture
4688	products. Marine aquaculture facilities contain culture systems
4689	such as, but not limited to, ponds, tanks, raceways, cages, and
4690	bags used for commercial production, propagation, growout, or
4691	product enhancement of marine products. Marine aquaculture
4692	facilities specifically do not include:
4693	1.  Facilities that maintain marine aquatic organisms
4694	exclusively for the purpose of shipping, distribution,
4695	marketing, or wholesale and retail sales;
4696	2.  Facilities that maintain marine aquatic organisms for
4697	noncommercial, education, exhibition, or scientific purposes;
4698	3.  Facilities in which the activity does not require an
4699	aquaculture certification pursuant to s. 597.004; or
4700	4.  Facilities used by marine aquarium hobbyists.
4701	(b)  "Marine aquaculture producer" means a person holding
4702	an aquaculture certificate pursuant to s. 597.004 to produce
4703	marine aquaculture products.
4704	(c)  "Marine aquaculture product" means any product derived
4705	from marine aquatic organisms that are owned and propagated,
4706	grown, or produced under controlled conditions by a person
4707	holding an aquaculture certificate pursuant to s. 597.004. Such
4708	product does not include organisms harvested from the wild for
4709	depuration, wet storage, or relayed for the purpose of
4710	controlled purification. Marine aquaculture products are
4711	considered saltwater products for the purposes of this chapter,
4712	except the holder of an aquaculture certificate is not required
4713	to purchase and possess a saltwater products license in order to
4714	possess, transport, or sell marine aquaculture products pursuant
4715	to s. 379.361 370.06. To renew an existing restricted species
4716	endorsement, marine aquaculture producers possessing a valid
4717	saltwater products license with a restricted species endorsement
4718	may apply income from the sales of marine aquaculture products
4719	to licensed wholesale dealers. Income from the sales of marine
4720	aquaculture products shall not be eligible for the purpose of
4721	acquiring a new restricted species endorsement. The holder of an
4722	aquaculture certificate must purchase and possess a saltwater
4723	products license in order to possess, transport, or sell
4724	saltwater products not specifically provided for in s. 597.004.
4725	(2)  The Department of Environmental Protection shall
4726	encourage the development of aquaculture and the production of
4727	aquaculture products. The department shall develop a process
4728	consistent with this section that would consolidate permits,
4729	general permits, and other regulatory requirements to streamline
4730	the permitting process and result in effective regulation of
4731	aquaculture activities. This process shall provide for a single
4732	application and application fee for marine aquaculture
4733	activities which are regulated by the department. Procedures to
4734	consolidate permitting actions under this section do not
4735	constitute rules within the meaning of s. 120.52.
4736	(3)  Until aquaculture general permits under s. 403.814 can
4737	be expanded and developed, the department shall establish
4738	criteria to temporarily permit aquaculture activities that may
4739	be presumed not to result in adverse environmental impacts. The
4740	criteria developed pursuant to this subsection do not constitute
4741	rules within the meaning of s. 120.52. Permit application fees
4742	under this subsection shall be no more than that established for
4743	a general permit. The department may delegate to the water
4744	management districts the regulatory authority for aquaculture
4745	facilities subject to the temporary general permitting criteria
4746	of this subsection. During the period prior to development of a
4747	general permit under s. 403.814, the department shall establish
4748	a compliance plan based on monitoring results that will assist
4749	in the development of the general permit.
4750	(4)  The department shall request that the Aquaculture
4751	Review Council identify a working group of industry
4752	representatives who can provide technical assistance in
4753	developing aquaculture general permits. The industry
4754	representatives shall come from the segment of the industry to
4755	be affected by the specific general permit to be developed. The
4756	working group shall be included in all phases of developing the
4757	aquaculture general permits.
4758	(5)  The department shall:
4759	(a)  Coordinate with the Aquaculture Review Council, the
4760	Aquaculture Interagency Coordinating Council, and the Department
4761	of Agriculture and Consumer Services when developing criteria
4762	for aquaculture general permits.
4763	(b)  Permit experimental technologies to collect and
4764	evaluate data necessary to reduce or mitigate environmental
4765	concerns.
4766	(c)  Provide technical expertise and promote the transfer
4767	of information that would be beneficial to the development of
4768	aquaculture.
4769	(6)  The Fish and Wildlife Conservation Commission shall
4770	encourage the development of aquaculture in the state through
4771	the following:
4772	(a)  Providing assistance in developing technologies
4773	applicable to aquaculture activities, evaluating practicable
4774	production alternatives, and providing management agreements to
4775	develop innovative culture practices.
4776	(b)  Facilitating aquaculture research on life histories,
4777	stock enhancement, and alternative species, and providing
4778	research results that would assist in the evaluation,
4779	development, and commercial production of candidate species for
4780	aquaculture, including:
4781	1.  Providing eggs, larvae, fry, and fingerlings to
4782	aquaculturists when excess cultured stocks are available from
4783	the commission's facilities and the culture activities are
4784	consistent with the commission's stock enhancement projects.
4785	Such stocks may be obtained by reimbursing the commission for
4786	the cost of production on a per-unit basis. Revenues resulting
4787	from the sale of stocks shall be deposited into the trust fund
4788	used to support the production of such stocks.
4789	2.  Conducting research programs to evaluate candidate
4790	species when funding and staff are available.
4791	3.  Encouraging the private production of marine fish and
4792	shellfish stocks for the purpose of providing such stocks for
4793	statewide stock enhancement programs. When such stocks become
4794	available, the commission shall reduce or eliminate duplicative
4795	production practices that would result in direct competition
4796	with private commercial producers.
4797	4.  Developing a working group, in cooperation with the
4798	Department of Agriculture and Consumer Services, the Aquaculture
4799	Review Council, and the Aquaculture Interagency Coordinating
4800	Council, to plan and facilitate the development of private
4801	marine fish and nonfish hatcheries and to encourage
4802	private/public partnerships to promote the production of marine
4803	aquaculture products.
4804	(c)  Coordinating with public and private research
4805	institutions within the state to advance the aquaculture
4806	production and sale of sturgeon as a food fish.
4807	(7)  The Fish and Wildlife Conservation Commission shall
4808	coordinate with the Aquaculture Review Council and the
4809	Department of Agriculture and Consumer Services to establish and
4810	implement grant programs to provide funding for projects and
4811	programs that are identified in the state's aquaculture plan,
4812	pending legislative appropriations. The commission and the
4813	Department of Agriculture and Consumer Services shall establish
4814	and implement a grant program to make grants available to
4815	qualified nonprofit, educational, and research entities or local
4816	governments to fund infrastructure, planning, practical and
4817	applied research, development projects, production economic
4818	analysis, and training and stock enhancement projects, and to
4819	make grants available to counties, municipalities, and other
4820	state and local entities for applied aquaculture projects that
4821	are directed to economic development, pending legislative
4822	appropriations.
4823	(8)  The Fish and Wildlife Conservation Commission shall
4824	provide assistance to the Department of Agriculture and Consumer
4825	Services in the development of an aquaculture plan for the
4826	state.
4827	Section 88.  Section 370.31, Florida Statutes, is
4828	renumbered as section 379.2524, Florida Statutes, to read:
4829	379.2524 370.31  Commercial production of sturgeon.--
4830	(1)  INTENT.--The Legislature finds and declares that there
4831	is a need to encourage the continuation and advancement of work
4832	being done on aquaculture sturgeon production in keeping with
4833	the state's legislative public policy regarding aquaculture
4834	provided in chapter 597. It also finds that it is in the state's
4835	economic interest to promote the commercial production and stock
4836	enhancement of sturgeon. It is therefore the intent of the
4837	Legislature to hereby create a Sturgeon Production Working
4838	Group.
4839	(2)  CREATION.--The Sturgeon Production Working Group is
4840	created within the Department of Agriculture and Consumer
4841	Services and shall be composed of seven members as follows:
4842	(a)  The head of the sturgeon research program or designee
4843	from the University of Florida, Institute of Food and
4844	Agricultural Sciences. Such member shall be appointed by the
4845	University of Florida's Vice President for Agricultural Affairs.
4846	(b)  One representative from the Department of
4847	Environmental Protection to be appointed by the Secretary of
4848	Environmental Protection.
4849	(c)  One representative from the Fish and Wildlife
4850	Conservation Commission to be appointed by the executive
4851	director of the Fish and Wildlife Conservation Commission.
4852	(d)  One representative from the Department of Agriculture
4853	and Consumer Services to be appointed by the Commissioner of
4854	Agriculture.
4855	(e)  Two representatives from the aquaculture industry to
4856	be appointed by the Aquaculture Review Council.
4857	(f)  One representative from a private nonprofit
4858	organization involved in sturgeon production work, to be
4859	appointed by the Commissioner of Agriculture.
4860	(3)  MEETINGS; PROCEDURES; RECORDS.--The working group
4861	shall meet at least twice a year and elect, by a quorum, a chair
4862	and vice chair.
4863	(a)  The chair of the working group shall preside at all
4864	meetings and shall call a meeting as often as necessary to carry
4865	out the provisions of this section.
4866	(b)  The Department of Agriculture and Consumer Services
4867	shall keep a complete record of the proceedings of each meeting,
4868	which includes the names of the members present at each meeting
4869	and the actions taken. The records shall be public records
4870	pursuant to chapter 119.
4871	(c)  A quorum shall consist of a majority of the group
4872	members. Members of the group shall not receive compensation,
4873	but shall be entitled to per diem and travel expenses, including
4874	attendance at meetings, as allowed public officers and employees
4875	pursuant to s. 112.061.
4876	(4)  PURPOSE AND RESPONSIBILITIES.--The purpose of the
4877	Sturgeon Production Working Group is to coordinate the
4878	implementation of a state sturgeon production management plan to
4879	promote the commercial production and stock enhancement of
4880	sturgeon in Florida. In carrying out this purpose, the working
4881	group shall:
4882	(a)  Establish a state sturgeon production management plan
4883	to inform public or private interested parties of how to
4884	aquaculturally produce sturgeon for commercial purposes and for
4885	stock enhancement. The sturgeon production management plan
4886	shall:
4887	1.  Provide the regulatory policies for the commercial
4888	production of sturgeon meat and roe, including a strategy for
4889	obtaining the required permits, licenses, authorizations, or
4890	certificates.
4891	2.  Provide the management practices for culturing sturgeon
4892	and ensure that aquacultural development does not impede the
4893	recovery and conservation of wild sturgeon populations.
4894	3.  Establish priorities for research needed to support the
4895	commercial production of sturgeon and the recovery of native
4896	stocks in the state.
4897	(b)  Support management strategies to permit the commercial
4898	production of native and nonnative sturgeon, including the
4899	distribution of captive-bred Gulf sturgeon to approved certified
4900	aquaculture facilities.
4901	(c)  Support the development of a cooperative sturgeon
4902	conservation program to coordinate conservation, habitat, and
4903	resource management programs for native sturgeon, including an
4904	evaluation of how stock enhancement can facilitate the
4905	conservation and recovery of native sturgeon populations.
4906	(d)  Seek federal cooperation to implement the sturgeon
4907	production management plan, including federal designation of
4908	captive-bred sturgeon as distinct population segments to
4909	distinguish cultivated stocks from wild native populations.
4910	(e)  Develop enforcement guidelines to ensure continued
4911	protection of wild native sturgeon populations.
4912	(f)  In furtherance of the purposes and responsibilities of
4913	the Sturgeon Production Working Group, the state shall:
4914	1.  Establish a program to coordinate conservation and
4915	aquaculture activities for native sturgeon.
4916	2.  Develop a conservation plan for native sturgeon.
4917	3.  Initiate the process to petition for delisting captive-
4918	bred shortnose sturgeon.
4919	4.  Initiate the process to petition for delisting captive-
4920	bred Gulf sturgeon.
4921	(g)  Establish a sturgeon broodstock committee composed of
4922	fishery scientists, fish farmers, and agency representatives to
4923	manage the taking of wild sturgeon for brood fish and spawning.
4924	(h)  Establish the Cooperative Broodstock Development and
4925	Husbandry Board composed of fishery scientists, fish farmers,
4926	and agency representatives to establish standards and criteria
4927	for the management and maintenance of captive-reared sturgeon,
4928	to collect biological data, and to administer the Cooperative
4929	Broodstock Development and Husbandry Program.
4930	Section 89.  Section 370.16, Florida Statutes, is
4931	renumbered as section 379.2525, Florida Statutes, and amended to
4932	read:
4933	379.2525 370.16  Noncultured shellfish harvesting.--
4934	(1)  PROTECTION OF SHELLFISH AQUACULTURE PRODUCTS.--
4935	(a)  The Fish and Wildlife Conservation Commission shall
4936	assist in protecting shellfish aquaculture products produced on
4937	leased or granted reefs in the hands of lessees or grantees from
4938	the state. Harvesting shellfish is prohibited within a distance
4939	of 25 feet outside lawfully marked lease boundaries or within
4940	setback and access corridors within specifically designated
4941	high-density aquaculture lease areas and aquaculture use zones.
4942	(b)  The department, in cooperation with the commission,
4943	shall provide the Legislature with recommendations as needed for
4944	the development and the proper protection of the rights of the
4945	state and private holders therein with respect to the oyster and
4946	clam business.
4947	(2)  REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL
4948	REEFS; LICENSES, ETC., PENALTY.--
4949	(a)  It is unlawful to use a dredge or any means or
4950	implement other than hand tongs in removing oysters from the
4951	natural or artificial state reefs. This restriction shall apply
4952	to all areas of Apalachicola Bay for all shellfish harvesting,
4953	excluding private grounds leased or granted by the state prior
4954	to July 1, 1989, if the lease or grant specifically authorizes
4955	the use of implements other than hand tongs for harvesting.
4956	Except in Apalachicola Bay, upon the payment of $25 annually,
4957	for each vessel or boat using a dredge or machinery in the
4958	gathering of clams or mussels, a special activity license may be
4959	issued by the Fish and Wildlife Conservation Commission pursuant
4960	to s. 379.361 370.06 for such use to such person.
4961	(b)  The use of any mechanical harvesting device other than
4962	ordinary hand tongs for taking shellfish for any purpose from
4963	public shellfish beds in Apalachicola Bay shall be unlawful.
4964	(c)  The possession of any mechanical harvesting device on
4965	the waters of Apalachicola Bay from 5 p.m. until sunrise shall
4966	be unlawful.
4967	(d)  Each vessel used for the transport or deployment of a
4968	dredge or scrape shall prominently display the lease or grant
4969	number or numbers, in numerals which are at least 12 inches high
4970	and 6 inches wide, in such a manner that the lease or grant
4971	number or numbers are readily identifiable from both the air and
4972	the water.
4973	(e)  Oysters may be harvested from natural or public
4974	grounds by common hand tongs or by hand, by scuba diving, free
4975	diving, leaning from vessels, or wading. In the Apalachicola
4976	Bay, this provision shall apply to all shellfish.
4977
4978	The commission shall apply other statutes, rules, or conditions
4979	necessary to protect the environment and natural resources from
4980	improper transport, deployment, and operation of a dredge or
4981	scrape. Any violation of this subsection or of any other
4982	statutes, rules, or conditions referenced in the special
4983	activity license shall be considered a violation of the license
4984	and shall result in revocation of the license and forfeiture of
4985	the bond submitted to the commission as a prerequisite to the
4986	issuance of this license.
4987	(3)  FALSE RETURNS AS TO OYSTERS OR CLAMS HANDLED.--Each
4988	packer, canner, corporation, firm, commission person, or dealer
4989	in fish shall, on the first day of each month, make a return
4990	under oath to the Fish and Wildlife Conservation Commission, as
4991	to the number of oysters, clams, and shellfish purchased,
4992	caught, or handled during the preceding month. Whoever is found
4993	guilty of making any false affidavit to any such report is
4994	guilty of perjury and punished as provided by law, and any
4995	person who fails to make such report shall be punished by a fine
4996	not exceeding $500 or by imprisonment in the county jail not
4997	exceeding 6 months.
4998	(4)  SEIZURE OF VESSELS AND CARGOES VIOLATING OYSTER AND
4999	CLAM LAWS, ETC.--Vessels, with their cargoes, violating the
5000	provisions of the laws relating to oysters and clams may be
5001	seized by anyone duly and lawfully authorized to make arrests
5002	under this section or by any sheriff or the sheriff's deputies,
5003	and taken into custody, and when not arrested by the sheriff or
5004	the sheriff's deputies, delivered to the sheriff of the county
5005	in which the seizure is made, and shall be liable to forfeiture,
5006	on appropriate proceedings being instituted by the Fish and
5007	Wildlife Conservation Commission, before the courts of that
5008	county. In such case the cargo shall at once be disposed of by
5009	the sheriff, for account of whom it may concern. Should the
5010	master or any of the crew of said vessel be found guilty of
5011	using dredges or other instruments in fishing oysters on natural
5012	reefs contrary to law, or fishing on the natural oyster or clam
5013	reefs out of season, or unlawfully taking oysters or clams
5014	belonging to a lessee, such vessel shall be declared forfeited
5015	by the court, and ordered sold and the proceeds of the sale
5016	shall be deposited with the Chief Financial Officer to the
5017	credit of the General Revenue Fund; any person guilty of such
5018	violations shall not be permitted to have any license provided
5019	for in this chapter within a period of 1 year from the date of
5020	conviction. Pending proceedings such vessel may be released upon
5021	the owner furnishing bond, with good and solvent security in
5022	double the value of the vessel, conditioned upon its being
5023	returned in good condition to the sheriff to abide the judgment
5024	of the court.
5025	(5)  DREDGING OF DEAD SHELLS PROHIBITED.--The dredging of
5026	dead shell deposits is prohibited in the state.
5027	(6)  REQUIREMENTS FOR OYSTER VESSELS.--All vessels used for
5028	the harvesting, gathering, or transporting of noncultured
5029	oysters for commercial use shall be constructed and maintained
5030	to prevent contamination or deterioration of oysters. To this
5031	end, all such vessels shall be provided with false bottoms and
5032	bulkheads fore and aft to prevent oysters from coming in contact
5033	with any bilge water. No dogs or other animals shall be allowed
5034	at any time on vessels used to harvest or transport oysters. A
5035	violation of any provision of this subsection shall result in at
5036	least the revocation of the violator's license.
5037	Section 90.  Section 370.081, Florida Statutes, is
5038	renumbered as section 379.26, Florida Statutes, and amended to
5039	read:
5040	379.26 370.081  Illegal importation or possession of
5041	nonindigenous marine plants and animals; rules and
5042	regulations.--
5043	(1)  It is unlawful to import or possess any marine plant
5044	or marine animal, not indigenous to the state, which, due to the
5045	stimulating effect of the waters of the state on procreation,
5046	may endanger or infect the marine resources of the state or pose
5047	a human health hazard, except as provided in this section.
5048	(2)  Marine animals not to be imported shall include, but
5049	are not limited to, all species of the following:
5050	(a)  Sea snakes (Family Hydrophiidae), except as provided
5051	in subsection (4);
5052	(b)  Weeverfishes (Family Trachinidae); and
5053	(c)  Stonefishes (Genus Synanceja).
5054	(3)  The Fish and Wildlife Conservation Commission is
5055	authorized to adopt, pursuant to chapter 120, rules and
5056	regulations to include any additional marine plant or marine
5057	animal which may endanger or infect the marine resources of the
5058	state or pose a human health hazard.
5059	(4)  A zoological park and aquarium may import sea snakes
5060	of the family Hydrophiidae for exhibition purposes only under
5061	the following conditions:
5062	(a)  Only male sea snakes may be possessed.
5063	(b)  A zoological park and aquarium possessing sea snakes
5064	shall not be located in a coastal county and shall have no
5065	contiguous connection with any waters of the state.
5066	(c)  Each zoological park and aquarium possessing sea
5067	snakes shall provide quarterly reports to the department
5068	regarding the number of each species of sea snakes on the
5069	premises and any changes in inventory resulting from death or
5070	additions by importation.
5071	(d)  Sea snakes shall not be released into the waters of
5072	the state.
5073	(e)  Each zoological park and aquarium possessing sea
5074	snakes shall post with the commission a $1 million letter of
5075	credit. The letter of credit shall be in favor of the State of
5076	Florida, Fish and Wildlife Conservation Commission, for use by
5077	the commission to remove any sea snake accidentally or
5078	intentionally introduced into waters of the state. The letter of
5079	credit shall be written in the form determined by the
5080	commission. The letter of credit shall provide that the
5081	zoological park and aquarium is responsible for the sea snakes
5082	within that facility and shall be in effect at all times that
5083	the zoological park and aquarium possesses sea snakes.
5084	(f)  A zoological park and aquarium shall not barter, sell,
5085	or trade sea snakes within this state.
5086	(g)  A zoological park and aquarium that imports sea snakes
5087	may bring the sea snakes into this state only by airplane that
5088	may only land at an airport located in a noncoastal county
5089	within this state.
5090	(h)  A zoological park and aquarium possessing sea snakes
5091	shall abide by all statutory and regulatory requirements of the
5092	Fish and Wildlife Conservation Commission with respect to
5093	venomous reptiles.
5094	(5)  It is unlawful to release into the waters of the state
5095	any nonindigenous saltwater species whether or not included in
5096	subsection (2) or prohibited by rules and regulations adopted
5097	pursuant to subsection (3) or authorized by subsection (4).
5098	(6)  Any person who violates this section commits a Level
5099	Three violation under s. 379.401 372.83.
5100	Section 91.  Part III of chapter 379, Florida Statutes,
5101	consisting of section 379.28, is created to read:
5102	PART III
5103	FRESHWATER AQUATIC LIFE
5104
5105	Section 92.  Section 372.26, Florida Statutes, is
5106	renumbered as section 379.28, Florida Statutes, and amended to
5107	read:
5108	379.28 372.26  Imported fish.--
5109	(1)  No person shall import into the state or place in any
5110	of the fresh waters of the state any freshwater fish of any
5111	species without having first obtained a permit from the Fish and
5112	Wildlife Conservation Commission. The commission is authorized
5113	to issue or deny such a permit upon the completion of studies of
5114	the species made by it to determine any detrimental effect the
5115	species might have on the ecology of the state.
5116	(2)  A person who violates this section commits a Level
5117	Three violation under s. 379.401 372.83.
5118	Section 93.  Part IV of chapter 379, Florida Statutes,
5119	consisting of sections 379.3001, 379.3002, 379.3003, 379.3004,
5120	379.3011, 379.3012, 379.3013, 379.3014, 379.3015, 379.3016,
5121	379.3017, 379.302, 379.303, 379.304, 379.305, 379.3061,
5122	379.3062, and 379.3063, is created to read:
5123	PART IV
5124	WILD ANIMAL LIFE
5125
5126	Section 94.  Section 372.0025, Florida Statutes, is
5127	renumbered as section 379.3001, Florida Statutes, to read:
5128	379.3001 372.0025  No net loss of hunting lands.--
5129	(1)  As used in this section, the term:
5130	(a)  "Commission" means the Fish and Wildlife Conservation
5131	Commission.
5132	(b)  "Commission-managed lands" means those lands owned by
5133	the commission, those lands owned by the state over which the
5134	commission holds management authority, or those privately owned
5135	lands that are leased or managed by the commission.
5136	(c)  "Hunting" means the lawful pursuit, trapping,
5137	shooting, capture, collection, or killing of wildlife or the
5138	lawful attempt to pursue, trap, shoot, capture, collect, or kill
5139	wildlife.
5140	(2)  Commission-managed lands shall be open to access and
5141	use for hunting except as limited by the commission for reasons
5142	of public safety, fish or wildlife management, or homeland
5143	security or as otherwise limited by law.
5144	(3)  The commission, in exercising its authority under the
5145	State Constitution and statutes, shall exercise its authority,
5146	consistent with subsection (2), in a manner that supports,
5147	promotes, and enhances hunting opportunities to the extent
5148	authorized by state law.
5149	(4)  Commission land management decisions and actions,
5150	including decisions made by private owners to close hunting land
5151	managed by the commission, shall not result in any net loss of
5152	habitat land acreage available for hunting opportunities on
5153	commission-managed lands that exists on the effective date of
5154	this act. The commission shall expeditiously find replacement
5155	acreage for hunting to compensate for closures of any existing
5156	hunting land. Replacement lands shall, to the greatest extent
5157	possible, be located within the same administrative region of
5158	the commission and shall be consistent with the hunting
5159	discipline that the commission allowed on the closed land.
5160	(5)  Any state agency or water management district that
5161	owns or manages lands shall assist and coordinate and cooperate
5162	with the commission to allow hunting on such lands if such lands
5163	are determined by the commission to be suitable for hunting. To
5164	ensure no net loss of land acreage available for hunting, state
5165	agencies and water management districts shall cooperate with the
5166	commission to open new, additional hunting lands to replace lost
5167	hunting acreage. However, lands officially designated as units
5168	within the state park system may not be considered for
5169	replacement hunting lands and may only be opened for hunting
5170	when necessary as a wildlife control or management tool as
5171	determined by the Division of Recreation and Parks in the
5172	Department of Environmental Protection.
5173	(6)  By October 1 of each year, the executive director of
5174	the commission shall submit to the Legislature a written report
5175	describing:
5176	(a)  The acreage managed by the commission that was closed
5177	to hunting during the previous fiscal year and the reasons for
5178	the closures.
5179	(b)  The acreage managed by the commission that was opened
5180	to hunting to compensate for closures of existing land pursuant
5181	to subsection (4).
5182	(7)  By October 1 of each year, any state agency or water
5183	management district that owns or manages lands shall submit a
5184	written report to the commission and the Legislature that
5185	includes:
5186	(a)  A list of properties that were open for hunting during
5187	the previous fiscal year.
5188	(b)  A list of properties that were not open for hunting
5189	during the previous fiscal year.
5190	(c)  The acreage for each property and the county where
5191	each property is located, except for right-of-way lands and
5192	parcels under 50 acres.
5193	Section 95.  Section 372.023, Florida Statutes, is
5194	renumbered as section 379.3002, Florida Statutes, to read:
5195	379.3002 372.023  J. W. Corbett and Cecil M. Webb Wildlife
5196	Management Areas.--
5197	(1)  The Fish and Wildlife Conservation Commission of this
5198	state is neither authorized nor empowered to do the following as
5199	to the J. W. Corbett Wildlife Management Area in Palm Beach
5200	County or the Cecil M. Webb Wildlife Management Area without the
5201	approval of the Board of Trustees of the Internal Improvement
5202	Trust Fund that such action is in the best interest of orderly
5203	and economical development of said area, viz.:
5204	(a)  To trade, barter, lease, or exchange lands therein for
5205	lands of greater acreage contiguous to said wildlife management
5206	areas.
5207	(b)  To grant easements for construction and maintenance of
5208	roads, railroads, canals, ditches, dikes, and utilities,
5209	including but not limited to telephone, telegraph, oil, gas,
5210	electric power, water, and sewers.
5211	(c)  To convey or release all rights in and to the
5212	phosphate, minerals, metals, and petroleum that is or may be in,
5213	on or under any lands traded, bartered, leased, or exchanged
5214	pursuant to paragraph (a).
5215	(2)  The Board of Trustees of the Internal Improvement
5216	Trust Fund and the State Board of Education and all and every
5217	board, state department or state agency of the state having any
5218	title, right and interest in or to the land including oil and
5219	mineral rights in the lands to be traded, bartered, leased or
5220	exchanged within the J. W. Corbett Wildlife Management Area in
5221	Palm Beach County, is authorized and empowered to convey this
5222	interest of whatsoever nature to the record owner.
5223	(3)  Moneys received from the sale of lands within either
5224	wildlife management area, less reasonable expenses incident to
5225	the sale, shall be used by the Fish and Wildlife Conservation
5226	Commission to acquire acreage contiguous to the wildlife
5227	management area or lands of equal wildlife value. The sale shall
5228	be made directly to the state, notwithstanding the procedures of
5229	s. 270.08 to the contrary.
5230	Section 96.  Section 372.988, Florida Statutes, is
5231	renumbered as section 379.3003, Florida Statutes, and amended to
5232	read:
5233	379.3003 372.988  Required clothing for persons hunting
5234	deer.--It is a Level One violation under s. 379.401 372.83 for
5235	any person to hunt deer, or for any person to accompany another
5236	person hunting deer, during the open season for the taking of
5237	deer on public lands unless each person shall wear a total of at
5238	least 500 square inches of daylight fluorescent orange material
5239	as an outer garment. Such clothing shall be worn above the
5240	waistline and may include a head covering. The provisions of
5241	this section shall not apply to any person hunting deer with a
5242	bow and arrow during seasons restricted to hunting with a bow
5243	and arrow.
5244	Section 97.  Section 372.7016, Florida Statutes, is
5245	renumbered as section 379.3004, Florida Statutes, and amended to
5246	read:
5247	379.3004 372.7016  Voluntary Authorized Hunter
5248	Identification Program.--
5249	(1)  There is created the "Voluntary Authorized Hunter
5250	Identification Program" to assist landowners and law enforcement
5251	officials in better controlling trespass and illegal or
5252	unauthorized hunting. Landowners wishing to participate in the
5253	program shall:
5254	(a)  Annually notify the sheriff's office in the county in
5255	which the land is situated and the respective area supervisor of
5256	the Fish and Wildlife Conservation Commission by letter of their
5257	desire to participate in the program, and provide a description
5258	of their property which they wish to have in the program by
5259	township, range, section, partial section, or other geographical
5260	description.
5261	(b)  Provide a means of identifying authorized hunters as
5262	provided in subsection (2).
5263	(2)  Any person hunting on private land enrolled in the
5264	Voluntary Authorized Hunter Identification Program shall have
5265	readily available on the land at all times when hunting on the
5266	property written authorization from the owner or his or her
5267	authorized representative to be on the land for the purpose of
5268	hunting. The written authorization shall be presented on demand
5269	to any law enforcement officer, the owner, or the authorized
5270	agent of the owner.
5271	(a)  For purposes of this section, the term "hunting" means
5272	to be engaged in or reasonably equipped to engage in the pursuit
5273	or taking by any means of any animal described in s. 379.101
5274	(19) or (20) 372.001(10) or (11), and the term "written
5275	authorization" means a card, letter, or other written instrument
5276	which shall include, but need not be limited to, the name of the
5277	person or entity owning the property, the name and signature of
5278	the person granting the authorization, a description by
5279	township, range, section, partial section, or other geographical
5280	description of the land to which the authorization applies, and
5281	a statement of the time period during which the authorization is
5282	valid.
5283	(b)  Failure by any person hunting on private land enrolled
5284	in the program to present written authorization to hunt on said
5285	land to any law enforcement officer or the owner or
5286	representative thereof within 7 days of demand shall be prima
5287	facie evidence of violation of s. 810.09(2)(c), punishable as
5288	provided in s. 775.082, s. 775.083, or s. 775.084. However, such
5289	evidence may be contradicted or rebutted by other evidence.
5290	Section 98.  Section 372.6671, Florida Statutes, is
5291	renumbered as section 379.3011, Florida Statutes, and amended to
5292	read:
5293	379.3011 372.6671  Alligator trapping program;
5294	definitions.--Unless otherwise provided by a specific section or
5295	the context otherwise requires, as used in ss. 379.3011,
5296	379.3012, 379.3751, and 379.3752 372.6671-372.6674, the
5297	following definitions shall apply:
5298	(1)  "Alligator" means a member of the species of alligator
5299	(Alligator mississippiensis) but does not mean its eggs.
5300	(2)  "Alligator hatchling" means a juvenile alligator as
5301	more specifically defined by commission rule.
5302	(3)  "Process" or "processing" means the skinning,
5303	butchering, or possession of alligators.
5304	Section 99.  Section 372.6672, Florida Statutes, is
5305	renumbered as section 379.3012, Florida Statutes, to read:
5306	379.3012 372.6672  Alligator management and trapping
5307	program implementation; commission authority.--
5308	(1)  In any alligator management and trapping program that
5309	the Fish and Wildlife Conservation Commission shall establish,
5310	the commission shall have the authority to adopt all rules
5311	necessary for full and complete implementation of such alligator
5312	management and trapping program, and, in order to ensure its
5313	lawful, safe, and efficient operation in accordance therewith,
5314	may:
5315	(a)  Regulate the marketing and sale of alligators, their
5316	hides, eggs, meat, and byproducts, including the development and
5317	maintenance of a state-sanctioned sale.
5318	(b)  Regulate the handling and processing of alligators,
5319	their eggs, hides, meat, and byproducts, for the lawful, safe,
5320	and sanitary handling and processing of same.
5321	(c)  Regulate commercial alligator farming facilities and
5322	operations for the captive propagation and rearing of alligators
5323	and their eggs.
5324	(d)  Provide hide-grading services by two or more
5325	individuals pursuant to state-sanctioned sales if rules are
5326	first promulgated by the commission governing:
5327	1.  All grading-related services to be provided pursuant to
5328	this section;
5329	2.  Criteria for qualifications of persons to serve as
5330	hide-graders for grading services to be provided pursuant to
5331	this section; and
5332	3.  The certification process by which hide-graders
5333	providing services pursuant to this section will be certified.
5334	(e)  Provide sales-related services by contract pursuant to
5335	state-sanctioned sales if rules governing such services are
5336	first promulgated by the commission.
5337	(2)  All contractors of the commission for the grading,
5338	marketing, and sale of alligators and their hides, eggs, meat,
5339	and byproducts shall not engage in any act constituting a
5340	conflict of interest under part III of chapter 112.
5341	(3)  The powers and duties of the commission hereunder
5342	shall not be construed so as to supersede the regulatory
5343	authority or lawful responsibility of the Department of
5344	Agriculture and Consumer Services, the Department of Health, or
5345	any local governmental entity regarding the processing or
5346	handling of food products, but shall be deemed supplemental
5347	thereto.
5348	Section 100.  Section 372.6678, Florida Statutes, is
5349	renumbered as section 379.3013, Florida Statutes, to read:
5350	379.3013 372.6678  Alligator study requirements.--The
5351	commission shall conduct studies of all areas of the state which
5352	it intends to open to alligator collection permits. The study
5353	shall include individual wet areas, lakes, and rivers, or
5354	reasonable numbers of wet areas, lakes, and rivers that may be
5355	logically grouped. The studies shall determine the safe yield of
5356	alligators for which collection permits may be issued. The
5357	studies shall be based upon the best biological information that
5358	indicates the number of alligators which can be removed from the
5359	system without long-term adverse impacts on population levels.
5360	Section 101.  Section 372.662, Florida Statutes, is
5361	renumbered as section 379.3014, Florida Statutes, and amended to
5362	read:
5363	379.3014 372.662  Unlawful sale, possession, or
5364	transporting of alligators or alligator skins.--Whenever the
5365	sale, possession, or transporting of alligators or alligator
5366	skins is prohibited by any law of this state, or by the rules,
5367	regulations, or orders of the Fish and Wildlife Conservation
5368	Commission adopted pursuant to s. 9, Art. IV of the State
5369	Constitution, the sale, possession, or transporting of
5370	alligators or alligator skins is a Level Three violation under
5371	s. 379.401 372.83.
5372	Section 102.  Section 372.664, Florida Statutes, is
5373	renumbered as section 379.3015, Florida Statutes, to read:
5374	379.3015 372.664 Prima facie evidence of intent to violate
5375	laws protecting alligators.--Except as otherwise provided by
5376	rule of the Fish and Wildlife Conservation Commission for the
5377	purpose of the limited collection of alligators in designated
5378	areas, the display or use of a light in a place where alligators
5379	might be known to inhabit in a manner capable of disclosing the
5380	presence of alligators, together with the possession of
5381	firearms, spear guns, gigs, and harpoons customarily used for
5382	the taking of alligators, during the period between 1 hour after
5383	sunset and 1 hour before sunrise shall be prima facie evidence
5384	of an intent to violate the provisions of law regarding the
5385	protection of alligators.
5386	Section 103.  Section 372.6645, Florida Statutes, is
5387	renumbered as section 379.3016, Florida Statutes, to read:
5388	379.3016 372.6645  Unlawful to sell alligator products;
5389	penalty.--
5390	(1)  It is unlawful for any person to sell any alligator
5391	product manufactured in the form of a stuffed baby alligator or
5392	other baby crocodilia.
5393	(2)  No person shall sell any alligator product
5394	manufactured from a species which has been declared to be
5395	endangered by the United States Fish and Wildlife Service or the
5396	Fish and Wildlife Conservation Commission.
5397	(3)  Any person who violates this section is guilty of a
5398	misdemeanor of the first degree, punishable as provided in s.
5399	775.082 or s. 775.083.
5400	Section 104.  Section 372.665, Florida Statutes, is
5401	renumbered as section 379.3017, Florida Statutes, to read:
5402	379.3017 372.665  Word "alligator" or "gator" not to be
5403	used in certain sales.--It is unlawful for any person to use the
5404	word "gator" or "alligator" in connection with the sale of any
5405	product derived or made from the skins of other crocodilia or in
5406	connection with the sale of other crocodilia. Any person
5407	violating this section shall, upon conviction, be guilty of a
5408	misdemeanor.
5409	Section 105.  Section 372.16, Florida Statutes, is
5410	renumbered as section 379.302, Florida Statutes, and amended to
5411	read:
5412	379.302 372.16  Private game preserves and farms;
5413	regulations; penalties penalty.--
5414	(1)  Any person owning land in this state may establish,
5415	maintain, and operate within the boundaries thereof, a private
5416	preserve and farm, not exceeding an area of 640 acres, for the
5417	protection, preservation, propagation, rearing, and production
5418	of game birds and animals for private and commercial purposes,
5419	provided that no two game preserves shall join each other or be
5420	connected. Before any private game preserve or farm is
5421	established, the owner or operator shall secure a license from
5422	the commission, the fee for which is $50 per year.
5423	(2)  All private game preserves or farms established under
5424	the provisions of this section shall be fenced in such manner
5425	that domestic game thereon may not escape and wild game on
5426	surrounding lands may not enter and shall be subject at any time
5427	to inspection by the Fish and Wildlife Conservation Commission,
5428	or its conservation officers. Such private preserve or farm
5429	shall be equipped and operated in such manner as to provide
5430	sufficient food and humane treatment for the game kept thereon.
5431	Game reared or produced on private game preserves and farms
5432	shall be considered domestic game and private property and may
5433	be sold or disposed of as such and shall be the subject of
5434	larceny. Live game may be purchased, sold, shipped, and
5435	transported for propagation and restocking purposes only at any
5436	time. Such game may be sold for food purposes only during the
5437	open season provided by law for such game. All game killed must
5438	be killed on the premises of such private game preserve or farm
5439	and must be killed by means other than shooting, except during
5440	the open season. All domestic game sold for food purposes must
5441	be marked or tagged in a manner prescribed by the Fish and
5442	Wildlife Conservation Commission; and the owner or operator of
5443	such private game preserve or farm shall report to the said
5444	commission, on blanks to be furnished by it, each sale or
5445	shipment of domestic game, such reports showing the quantity and
5446	kind of game shipped or sold and to whom sold. Such report shall
5447	be made not later than 5 days following such sale or shipment.
5448	Game reared or produced as aforesaid may be served as such by
5449	hotels, restaurants, or other public eating places during the
5450	open season provided by law on such particular species of game,
5451	under such regulations as the commission may prescribe.
5452	(3)  It is unlawful for any common carrier to knowingly
5453	transport or receive for transportation any domestic game unless
5454	the package or container containing such shipment has attached
5455	thereto a permit for such shipment and such package or container
5456	shall be marked on the outside showing quantity and kind of game
5457	enclosed.
5458	(4)  Any person violating this section for the first
5459	offense commits a misdemeanor of the second degree, punishable
5460	as provided in s. 775.082 or s. 775.083, and for a second or
5461	subsequent offense commits a misdemeanor of the first degree,
5462	punishable as provided in s. 775.082 or s. 775.083. Any person
5463	convicted of violating this section shall forfeit to the
5464	commission any license issued under s. 379.3711 this section;
5465	and no further license shall be issued to such person for a
5466	period of 1 year following such conviction.
5467	Section 106.  Subsections (3)and (4) of section 372.922,
5468	Florida Statutes, are renumbered as section 379.303, Florida
5469	Statutes, and amended to read:
5470	379.303  Classification of wildlife; seizure of captive
5471	wildlife.--
5472	(1)(3)  The commission shall promulgate rules defining
5473	Class I, Class II, and Class III types of wildlife. The
5474	commission shall also establish rules and requirements necessary
5475	to ensure that permits are granted only to persons qualified to
5476	possess and care properly for wildlife and that permitted
5477	wildlife possessed as personal pets will be maintained in
5478	sanitary surroundings and appropriate neighborhoods.
5479	(2)(4)  In instances where wildlife is seized or taken into
5480	custody by the commission, said owner or possessor of such
5481	wildlife shall be responsible for payment of all expenses
5482	relative to the capture, transport, boarding, veterinary care,
5483	or other costs associated with or incurred due to seizure or
5484	custody of wildlife. Such expenses shall be paid by said owner
5485	or possessor upon any conviction or finding of guilt of a
5486	criminal or noncriminal violation, regardless of adjudication or
5487	plea entered, of any provision of chapter 828 or this chapter,
5488	or rule of the commission or if such violation is disposed of
5489	under s. 921.187. Failure to pay such expense may be grounds for
5490	revocation or denial of permits to such individual to possess
5491	wildlife.
5492	Section 107.  Subsections (4), (5), (6), (9), and (10) of
5493	section 372.921, Florida Statutes, are renumbered as section
5494	379.304, Florida Statutes, and amended to read:
5495	379.304 372.921  Exhibition or sale of wildlife.--
5496	(1)(4)  Permits issued pursuant to this section and places
5497	where wildlife is kept or held in captivity shall be subject to
5498	inspection by officers of the commission at all times. The
5499	commission shall have the power to release or confiscate any
5500	specimens of any wildlife, specifically birds, mammals,
5501	amphibians, or reptiles, whether indigenous to the state or not,
5502	when it is found that conditions under which they are being
5503	confined are unsanitary, or unsafe to the public in any manner,
5504	or that the species of wildlife are being maltreated,
5505	mistreated, or neglected or kept in any manner contrary to the
5506	provisions of chapter 828, any such permit to the contrary
5507	notwithstanding. Before any such wildlife is confiscated or
5508	released under the authority of this section, the owner thereof
5509	shall have been advised in writing of the existence of such
5510	unsatisfactory conditions; the owner shall have been given 30
5511	days in which to correct such conditions; the owner shall have
5512	failed to correct such conditions; the owner shall have had an
5513	opportunity for a proceeding pursuant to chapter 120; and the
5514	commission shall have ordered such confiscation or release after
5515	careful consideration of all evidence in the particular case in
5516	question. The final order of the commission shall constitute
5517	final agency action.
5518	(2)(5)  In instances where wildlife is seized or taken into
5519	custody by the commission, said owner or possessor of such
5520	wildlife shall be responsible for payment of all expenses
5521	relative to the capture, transport, boarding, veterinary care,
5522	or other costs associated with or incurred due to seizure or
5523	custody of wildlife. Such expenses shall be paid by said owner
5524	or possessor upon any conviction or finding of guilt of a
5525	criminal or noncriminal violation, regardless of adjudication or
5526	plea entered, of any provision of chapter 828 or this chapter,
5527	or rule of the commission or if such violation is disposed of
5528	under s. 921.187. Failure to pay such expense may be grounds for
5529	revocation or denial of permits to such individual to possess
5530	wildlife.
5531	(3)(6)  Any animal on exhibit of a type capable of
5532	contracting or transmitting rabies shall be immunized against
5533	rabies.
5534	(4)(9)  The commission is authorized to adopt rules
5535	pursuant to ss. 120.536(1) and 120.54 to implement the
5536	provisions of this section.
5537	(5)(10)  A violation of this section is punishable as
5538	provided by s. 379.401 372.83.
5539	Section 108.  Section 372.92, Florida Statutes, is
5540	renumbered as section 379.305, Florida Statutes, and amended to
5541	read:
5542	379.305 372.92  Rules and regulations; penalties.--
5543	(1)  The Fish and Wildlife Conservation Commission may
5544	prescribe such other rules and regulations as it may deem
5545	necessary to prevent the escape of venomous reptiles or reptiles
5546	of concern, either in connection of construction of such cages
5547	or otherwise to carry out the intent of ss. 379.372-379.374
5548	372.86-372.88.
5549	(2)  A person who knowingly releases a nonnative venomous
5550	reptile or reptile of concern to the wild or who through gross
5551	negligence allows a nonnative venomous reptile or reptile of
5552	concern to escape commits a Level Three violation, punishable as
5553	provided in s. 379.4015 372.935.
5554	Section 109.  Section 372.673, Florida Statutes, is
5555	renumbered as section 379.3061, Florida Statutes, to read:
5556	379.3061 372.673  Florida Panther Technical Advisory
5557	Council.--
5558	(1)  The Florida Panther Technical Advisory Council is
5559	established within the Fish and Wildlife Conservation
5560	Commission. The council shall be appointed by the Governor and
5561	shall consist of seven members with technical knowledge and
5562	expertise in the research and management of large mammals.
5563	(a)  Two members shall represent state or federal agencies
5564	responsible for management of endangered species; two members,
5565	who must have specific experience in the research and management
5566	of large felines or large mammals, shall be appointed from
5567	universities, colleges, or associated institutions; and three
5568	members, with similar expertise, shall be appointed from the
5569	public at large.
5570	(b)  As soon as practicable after July 1, 1983, one member
5571	representing a state or federal agency and one member appointed
5572	from a university, college, or associated institution shall be
5573	appointed for terms ending August 1, 1985, and the remaining
5574	members shall be appointed for terms ending August 1, 1987.
5575	Thereafter, all appointments shall be for 4-year terms. If a
5576	vacancy occurs, a member shall be appointed for the remainder of
5577	the unexpired term. A member whose term has expired shall
5578	continue sitting on the council with full rights until a
5579	replacement has been appointed.
5580	(c)  Council members shall be reimbursed pursuant to s.
5581	112.061 but shall receive no additional compensation or
5582	honorarium.
5583	(2)  The purposes of the council are:
5584	(a)  To serve in an advisory capacity to the Fish and
5585	Wildlife Conservation Commission on technical matters of
5586	relevance to the Florida panther recovery program, and to
5587	recommend specific actions that should be taken to accomplish
5588	the purposes of this act.
5589	(b)  To review and comment on research and management
5590	programs and practices to identify potential harm to the Florida
5591	panther population.
5592	(c)  To provide a forum for technical review and discussion
5593	of the status and development of the Florida panther recovery
5594	program.
5595	Section 110.  Section 372.5714, Florida Statutes, is
5596	renumbered as section 379.3062, Florida Statutes, and amended to
5597	read:
5598	379.3062 372.5714  Waterfowl Advisory Council.--
5599	(1)  There is created a Waterfowl Advisory Council
5600	consisting of three members, one appointed by the Governor, one
5601	appointed by the Speaker of the House of Representatives, and
5602	one appointed by the President of the Senate. Members may be
5603	representative of appropriate state agencies, private
5604	conservation groups, or private citizens and shall possess
5605	knowledge and experience in the area of waterfowl management and
5606	protection. Members shall be appointed for 4-year, staggered
5607	terms and shall be eligible for reappointment. A vacancy shall
5608	be filled by appointment for the remainder of the unexpired
5609	term.
5610	(2)  The council shall meet at least once a year either in
5611	person or by a telephone conference call, shall elect a chair
5612	annually to preside over its meetings and perform any other
5613	duties directed by the council, and shall maintain minutes of
5614	each meeting. All records of council activities shall be kept on
5615	file with the Fish and Wildlife Conservation Commission and
5616	shall be made available to any interested person. The Fish and
5617	Wildlife Conservation Commission shall provide such staff
5618	support as is necessary to the council to carry out its duties.
5619	Members of the council shall serve without compensation, but
5620	shall be reimbursed for per diem and travel expenses as provided
5621	in s. 112.061 when carrying out the official business of the
5622	council.
5623	(3)  It shall be the duty of the council to advise the
5624	commission regarding the administration of revenues generated by
5625	the sale of the Florida waterfowl permit provided for by s.
5626	379.2211 372.5712. In particular, the council shall consult with
5627	and advise the commission with respect to the establishment and
5628	operation of projects for the protection and propagation of
5629	migratory waterfowl and the development, restoration,
5630	maintenance, and preservation of wetlands within the state, to
5631	be financed by such revenues as specified in said section.
5632	Section 111.  Section 372.992, Florida Statutes, is
5633	renumbered as section 379.3063, Florida Statutes, to read:
5634	379.3063 372.992  Nongame Wildlife Advisory Council.--
5635	(1)  There is created the Nongame Wildlife Advisory
5636	Council, which shall consist of the following 11 members
5637	appointed by the Governor: one representative each from the Fish
5638	and Wildlife Conservation Commission, the Department of
5639	Environmental Protection, and the United States Fish and
5640	Wildlife Services; the director of the Florida Museum of Natural
5641	History or her or his designee; one representative from a
5642	professional wildlife organization; one representative from a
5643	private wildlife institution; one representative from a Florida
5644	university or college who has expertise in nongame biology; one
5645	representative of business interests from a private consulting
5646	firm who has expertise in nongame biology; one representative of
5647	a statewide organization of landowner interests; and two members
5648	from conservation organizations. All appointments shall be for
5649	4-year terms. Members shall be eligible for reappointment.
5650	(2)  The council shall recommend to the commission
5651	policies, objectives, and specific actions for nongame wildlife
5652	research and management.
5653	(3)  Members of the council shall receive no compensation
5654	but shall be entitled to receive per diem and travel expenses as
5655	provided in s. 112.061, while carrying out official business
5656	with the council, from funds provided under s. 379.209 372.991.
5657	Section 112.  Part V of chapter 379, Florida Statutes,
5658	consisting of sections 379.33, 379.3311, 379.3312, 379.3313,
5659	379.332, 379.333, 379.334, 379.335, 379.336, 379.337, 379.338,
5660	379.339, 379.340, 379.341, 379.342, and 379.343, is created to
5661	read:
5662	PART V
5663	LAW ENFORCEMENT
5664
5665	Section 113.  Section 370.028, Florida Statutes, is
5666	renumbered as section 379.33, Florida Statutes, and amended to
5667	read:
5668	379.33 370.028  Enforcement of commission rules; penalties
5669	for violation of rule.--Rules of the Fish and Wildlife
5670	Conservation Commission shall be enforced by any law enforcement
5671	officer certified pursuant to s. 943.13. Except as provided
5672	under s. 379.401 372.83, any person who violates or otherwise
5673	fails to comply with any rule adopted by the commission shall be
5674	punished pursuant to s. 379.407 (1) 370.021(1).
5675	Section 114.  Section 372.07, Florida Statutes, is
5676	renumbered as section 379.3311, Florida Statutes, to read:
5677	379.3311 372.07  Police powers of commission and its
5678	agents.--
5679	(1)  The Fish and Wildlife Conservation Commission, the
5680	executive director and the executive director's assistants
5681	designated by her or him, and each wildlife officer are
5682	constituted peace officers with the power to make arrests for
5683	violations of the laws of this state when committed in the
5684	presence of the officer or when committed on lands under the
5685	supervision and management of the commission. The general laws
5686	applicable to arrests by peace officers of this state shall also
5687	be applicable to said director, assistants, and wildlife
5688	officers. Such persons may enter upon any land or waters of the
5689	state for performance of their lawful duties and may take with
5690	them any necessary equipment, and such entry shall not
5691	constitute a trespass.
5692	(2)  Such officers shall have power and authority to
5693	enforce throughout the state all laws relating to game, nongame
5694	birds, fish, and fur-bearing animals and all rules and
5695	regulations of the Fish and Wildlife Conservation Commission
5696	relating to wild animal life, marine life, and freshwater
5697	aquatic life, and in connection with said laws, rules, and
5698	regulations, in the enforcement thereof and in the performance
5699	of their duties thereunder, to:
5700	(a)  Go upon all premises, posted or otherwise;
5701	(b)  Execute warrants and search warrants for the violation
5702	of said laws;
5703	(c)  Serve subpoenas issued for the examination,
5704	investigation, and trial of all offenses against said laws;
5705	(d)  Carry firearms or other weapons, concealed or
5706	otherwise, in the performance of their duties;
5707	(e)  Arrest upon probable cause without warrant any person
5708	found in the act of violating any of the provisions of said laws
5709	or, in pursuit immediately following such violations, to examine
5710	any person, boat, conveyance, vehicle, game bag, game coat, or
5711	other receptacle for wild animal life, marine life, or
5712	freshwater aquatic life, or any camp, tent, cabin, or roster, in
5713	the presence of any person stopping at or belonging to such
5714	camp, tent, cabin, or roster, when said officer has reason to
5715	believe, and has exhibited her or his authority and stated to
5716	the suspected person in charge the officer's reason for
5717	believing, that any of the aforesaid laws have been violated at
5718	such c
5719	(f)  Secure and execute search warrants and in pursuance
5720	thereof to enter any building, enclosure, or car and to break
5721	open, when found necessary, any apartment, chest, locker, box,
5722	trunk, crate, basket, bag, package, or container and examine the
5723	contents thereof;
5724	(g)  Seize and take possession of all wild animal life,
5725	marine life, or freshwater aquatic life taken or in possession
5726	or under control of, or shipped or about to be shipped by, any
5727	person at any time in any manner contrary to said laws.
5728	(3)  It is unlawful for any person to resist an arrest
5729	authorized by this section or in any manner to interfere, either
5730	by abetting, assisting such resistance, or otherwise interfering
5731	with said executive director, assistants, or wildlife officers
5732	while engaged in the performance of the duties imposed upon them
5733	by law or regulation of the Fish and Wildlife Conservation
5734	Commission.
5735	(4)  Upon final disposition of any alleged offense for
5736	which a citation for any violation of this chapter or the rules
5737	of the commission has been issued, the court shall, within 10
5738	days after the final disposition of the action, certify the
5739	disposition to the commission.
5740	Section 115.  Section 372.071, Florida Statutes, is
5741	renumbered as section 379.3312, Florida Statutes, and amended to
5742	read:
5743	379.3312 372.071  Powers of arrest by agents of Department
5744	of Environmental Protection or Fish and Wildlife Conservation
5745	Commission.--Any certified law enforcement officer of the
5746	Department of Environmental Protection or the Fish and Wildlife
5747	Conservation Commission, upon receiving information, relayed to
5748	her or him from any law enforcement officer stationed on the
5749	ground, on the water, or in the air, that a driver, operator, or
5750	occupant of any vehicle, boat, or airboat has violated any
5751	section of chapter 327, chapter 328, chapter 370, or this
5752	chapter, or s. 597.010 or s. 597.020, may arrest the driver,
5753	operator, or occupant for violation of said laws when reasonable
5754	and proper identification of the vehicle, boat, or airboat and
5755	reasonable and probable grounds to believe that the driver,
5756	operator, or occupant has committed or is committing any such
5757	offense have been communicated to the arresting officer by the
5758	other officer stationed on the ground, on the water, or in the
5759	air.
5760	Section 116.  Subsection(8) of section 370.021, Florida
5761	Statutes, is renumbered as section 379.3313, Florida Statutes,
5762	and amended to read:
5763	379.3313  Powers of commission law enforcement officers.--
5764	(8)  POWERS OF OFFICERS.--
5765	(1)(a)  Law enforcement officers of the commission are
5766	constituted law enforcement officers of this state with full
5767	power to investigate and arrest for any violation of the laws of
5768	this state and the rules of the commission under their
5769	jurisdiction. The general laws applicable to arrests by peace
5770	officers of this state shall also be applicable to law
5771	enforcement officers of the commission. Such law enforcement
5772	officers may enter upon any land or waters of the state for
5773	performance of their lawful duties and may take with them any
5774	necessary equipment, and such entry will not constitute a
5775	trespass. It is lawful for any boat, motor vehicle, or aircraft
5776	owned or chartered by the commission or its agents or employees
5777	to land on and depart from any of the beaches or waters of the
5778	state. Such law enforcement officers have the authority, without
5779	warrant, to board, inspect, and search any boat, fishing
5780	appliance, storage or processing plant, fishhouse, spongehouse,
5781	oysterhouse, or other warehouse, building, or vehicle engaged in
5782	transporting or storing any fish or fishery products. Such
5783	authority to search and inspect without a search warrant is
5784	limited to those cases in which such law enforcement officers
5785	have reason to believe that fish or any saltwater products are
5786	taken or kept for sale, barter, transportation, or other
5787	purposes in violation of laws or rules promulgated under this
5788	law. Any such law enforcement officer may at any time seize or
5789	take possession of any saltwater products or contraband which
5790	have been unlawfully caught, taken, or processed or which are
5791	unlawfully possessed or transported in violation of any of the
5792	laws of this state or any rule of the commission. Such law
5793	enforcement officers may arrest any person in the act of
5794	violating any of the provisions of this law, the rules of the
5795	commission, or any of the laws of this state. It is hereby
5796	declared unlawful for any person to resist such arrest or in any
5797	manner interfere, either by abetting or assisting such
5798	resistance or otherwise interfering, with any such law
5799	enforcement officer while engaged in the performance of the
5800	duties imposed upon him or her by law or rule of the commission.
5801	(2)(b)  The Legislature finds that the checking and
5802	inspection of saltwater products aboard vessels is critical to
5803	good fishery management and conservation and that, because
5804	almost all saltwater products are either iced or cooled in
5805	closed areas or containers, the enforcement of seasons, size
5806	limits, and bag limits can only be effective when inspection of
5807	saltwater products so stored is immediate and routine.
5808	Therefore, in addition to the authority granted in subsection
5809	(1), a law enforcement officer of the commission who has
5810	probable cause to believe that the vessel has been used for
5811	fishing prior to the inspection shall have full authority to
5812	open and inspect all containers or areas where saltwater
5813	products are normally kept aboard vessels while such vessels are
5814	on the water, such as refrigerated or iced locations, coolers,
5815	fish boxes, and bait wells, but specifically excluding such
5816	containers that are located in sleeping or living areas of the
5817	vessel.
5818	Section 117.  Section 372.70, Florida Statutes, is
5819	renumbered as section 379.332, Florida Statutes, to read:
5820	379.332 372.70  Prosecutions; state attorney to represent
5821	state.--
5822	(1)  The prosecuting officers of the several courts of
5823	criminal jurisdiction of this state shall investigate and
5824	prosecute all violations of the laws relating to game,
5825	freshwater fish, nongame birds, and fur-bearing animals which
5826	may be brought to their attention by the commission or its
5827	conservation officers, or which may otherwise come to their
5828	knowledge.
5829	(2)  The state attorney shall represent the state in any
5830	forfeiture proceeding under this chapter. The Department of
5831	Legal Affairs shall represent the state in all appeals from
5832	judgments of forfeiture to the Supreme Court. The state may
5833	appeal any judgment denying forfeiture in whole or in part that
5834	may be otherwise adverse to the state.
5835	Section 118.  Section 372.701, Florida Statutes, is
5836	renumbered as section 379.333, Florida Statutes, to read:
5837	379.333 372.701  Arrest by officers of the Fish and
5838	Wildlife Conservation Commission; recognizance; cash bond;
5839	citation.--
5840	(1)  In all cases of arrest by officers of the Fish and
5841	Wildlife Conservation Commission and the Department of
5842	Environmental Protection, the person arrested shall be delivered
5843	forthwith by said officer to the sheriff of the county, or shall
5844	obtain from such person arrested a recognizance or, if deemed
5845	necessary, a cash bond or other sufficient security conditioned
5846	for her or his appearance before the proper tribunal of such
5847	county to answer the charge for which the person has been
5848	arrested.
5849	(2)  All officers of the commission and the department are
5850	hereby directed to deliver all bonds accepted and approved by
5851	them to the sheriff of the county in which the offense is
5852	alleged to have been committed.
5853	(3)  Any person so arrested and released on her or his own
5854	recognizance by an officer and who shall fail to appear or
5855	respond to the proper citation to appear, shall, in addition to
5856	the charge relating to wildlife or freshwater fish, be charged
5857	with that offense of failing to respond to such citation and,
5858	upon conviction, be punished as for a misdemeanor. A written
5859	warning to this effect shall be given at the time of arrest of
5860	such person.
5861	Section 119.  Section 372.76, Florida Statutes, is
5862	renumbered as section 379.334, Florida Statutes, to read:
5863	379.334 372.76  Search and seizure authorized and
5864	limited.--The Fish and Wildlife Conservation Commission and its
5865	conservation officers shall have authority when they have
5866	reasonable and probable cause to believe that the provisions of
5867	this chapter have been violated, to board any vessel, boat, or
5868	vehicle or to enter any fishhouse or warehouse or other
5869	building, exclusive of residence, in which game, hides, fur-
5870	bearing animals, fish, or fish nets are kept and to search for
5871	and seize any such game, hides, fur-bearing animals, fish, or
5872	fish nets had or held therein in violation of law. Provided,
5873	however, that no search without warrant shall be made under any
5874	of the provisions of this chapter, unless the officer making
5875	such search has such information from a reliable source as would
5876	lead a prudent and cautious person to believe that some
5877	provision of this chapter is being violated.
5878	Section 120.  Section 372.761, Florida Statutes, is
5879	renumbered as section 379.335, Florida Statutes, to read:
5880	379.335 372.761  Issuance of warrant for search of private
5881	dwelling.--
5882	(1)  A search warrant may be issued on application by a
5883	commissioned officer of the Fish and Wildlife Conservation
5884	Commission to search any private dwelling occupied as such when
5885	it is being used for the unlawful sale or purchase of wildlife
5886	or freshwater fish being unlawfully kept therein. The term
5887	"private dwelling" shall be construed to include the room or
5888	rooms used and occupied, not transiently but solely as a
5889	residence, in an apartment house, hotel, boardinghouse, or
5890	lodginghouse. No warrant for the search of any private dwelling
5891	shall be issued except upon probable cause supported by sworn
5892	affidavit of some creditable witness that she or he has reason
5893	to believe that the said conditions exist, which affidavit shall
5894	set forth the facts on which such reason for belief is based.
5895	(2)  This section shall not be construed as being in
5896	conflict with, but is supplemental to, chapter 933.
5897	Section 121.  Section 370.22, Florida Statutes, is
5898	renumbered as section 379.336, Florida Statutes, to read:
5899	379.336 370.22  Venue for proceedings against citizens and
5900	residents charged with violations outside state boundaries.--
5901	(1)  In any proceeding against a resident or citizen of the
5902	state to enforce the provisions of this chapter with respect to
5903	alleged violations occurring beyond the territorial waters of
5904	the state, the proper venue shall be the county within the state
5905	which is nearest the site of the violation.
5906	(2)  For the purpose of this section, any person having
5907	embarked from, or having docked his or her vessel in, a port
5908	within this state who violates any provision of this chapter
5909	with respect to the unlawful landing of saltwater life, whether
5910	or not outside the territorial waters of the state, shall be
5911	considered a citizen of the state for the purpose of subjecting
5912	that person to the police powers of the state.
5913	Section 122.  Section 370.061, Florida Statutes, is
5914	renumbered as section 379.337, Florida Statutes, and amended to
5915	read:
5916	379.337 370.061  Confiscation, seizure, and forfeiture of
5917	property and products.--
5918	(1)  SEIZURE, FORFEITURE; PROCEDURE.--Nothing in this
5919	subsection affects the commission's authority to confiscate in
5920	any case illegal saltwater products, illegally taken saltwater
5921	products, or illegal fishing gear in accordance with this
5922	section.
5923	(a)  Property used in connection with a violation resulting
5924	in a conviction for the illegal taking, or attempted taking,
5925	sale, possession, or transportation of saltwater products is
5926	subject to seizure and forfeiture as part of the commission's
5927	efforts to protect the state's marine life. Saltwater products
5928	and seines, nets, boats, motors, other fishing devices or
5929	equipment, and vehicles or other means of transportation used or
5930	attempted to be used in connection with, as an instrumentality
5931	of, or in aiding and abetting such illegal taking or attempted
5932	taking are hereby declared to be nuisances.
5933	(b)  Upon a conviction of a person in whose possession the
5934	property was found, the court having jurisdiction over the
5935	criminal offense, notwithstanding any jurisdictional limitations
5936	on the amount in controversy, may make a finding that the
5937	property was used in connection with a saltwater products
5938	violation and may order such property forfeited to the
5939	commission.
5940	(c)  For purposes of this section, a conviction, except
5941	with respect to a first time offender under this chapter for
5942	whom adjudication is withheld, is any disposition other than
5943	acquittal or dismissal.
5944	(2)  SEIZURE, FORFEITURE; NOTICE.--The requirement for a
5945	conviction before forfeiture of property establishes to the
5946	exclusion of any reasonable doubt that the property was used in
5947	connection with the violation resulting in conviction. Prior to
5948	the issuance of a forfeiture order for any vessel, vehicle, or
5949	other property under subsection (1), the commission shall seize
5950	the property and notify the registered owner, if any, that the
5951	property has been seized by the commission. Except as provided
5952	in subsection (6), the procedures of chapter 932 do not apply to
5953	any seizure or forfeiture of property under this section.
5954	(a)  Notification of property seized under this section
5955	must be sent by certified mail to a registered owner within 14
5956	days after seizure. If the commission, after diligent inquiry,
5957	cannot ascertain the registered owner, the notice requirement is
5958	satisfied.
5959	(b)  Upon a first conviction for a violation under this
5960	chapter, the property seized under this section shall be
5961	returned to the registered owner if the commission fails to
5962	prove by a preponderance of the evidence before the court having
5963	jurisdiction over the criminal offense that the registered owner
5964	aided in, abetted in, participated in, gave consent to, knew of,
5965	or had reason to know of the violation.
5966	(c)  Upon a second or subsequent conviction for a violation
5967	under this chapter, the burden shall be on the registered owner
5968	to prove by a preponderance of the evidence before the court
5969	having jurisdiction over the criminal offense that the
5970	registered owner in no way aided in, abetted in, participated
5971	in, knew of, or had reason to know of the second or subsequent
5972	violation which resulted in seizure of the lawful property.
5973	(d)  Any request for a hearing from a registered owner
5974	asserting innocence to recover property seized under these
5975	provisions must be sent to the commission's Division of Law
5976	Enforcement within 21 days after the registered owner's receipt
5977	of the notice of seizure. If a request for a hearing is not
5978	timely received, the court shall forfeit to the commission the
5979	right to, title to, and interest in the property seized, subject
5980	only to the rights and interests of bona fide lienholders.
5981	(e)  If a motor vehicle is seized under this section and is
5982	subject to any existing liens recorded under s. 319.27, all
5983	further proceedings shall be governed by the expressed intent of
5984	the Legislature not to divest any innocent person, firm, or
5985	corporation holding such a recorded lien of any of its
5986	reversionary rights in such motor vehicle or of any of its
5987	rights as prescribed in s. 319.27, and upon any default by the
5988	violator purchaser, the lienholder may foreclose its lien and
5989	take possession of the motor vehicle involved.
5990	(3)  COURT ORDER OF FORFEITURE.--When any illegal or
5991	illegally used seine, net, trap, or other fishing device or
5992	equipment, or illegally taken, possessed, or transported
5993	saltwater products, are found and taken into custody, and the
5994	owner thereof is not known to the officer finding the item or
5995	items, such officer shall immediately procure from the county
5996	court judge of the county wherein the item or items were found
5997	an order forfeiting the illegally used or illegally taken
5998	saltwater products, seines, nets, traps, boats, motors, or other
5999	fishing devices to the commission.
6000	(4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All property
6001	forfeited under this section may be destroyed, used by the
6002	commission, disposed of by gift to charitable or state
6003	institutions, or sold, with the proceeds derived from the sale
6004	deposited into the Marine Resources Conservation Trust Fund to
6005	be used for law enforcement purposes, or into the commission's
6006	Federal Law Enforcement Trust Fund as provided in s. 372.107, as
6007	applicable.
6008	(5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
6009	PRODUCTS; PROCEDURE.--
6010	(a)  When an arrest is made pursuant to the provisions of
6011	this chapter and illegal, perishable saltwater products or
6012	saltwater products illegally taken or landed are confiscated,
6013	the defendant may post bond or cash deposit in an amount
6014	determined by the judge to be the fair value of such confiscated
6015	products. The defendant shall have 24 hours to transport the
6016	products outside the limits of Florida for sale or other
6017	disposition. Should no bond or cash deposit be given within the
6018	time fixed by the judge, the judge shall order the sale of the
6019	confiscated saltwater products at the highest price obtainable.
6020	When feasible, at least three bids shall be requested.
6021	(b)  Moneys received from the sale of confiscated saltwater
6022	products, either by the defendant or by order of the court,
6023	shall be received by the judge and shall be remitted to the
6024	commission to be deposited into a special escrow account in the
6025	State Treasury to be held in trust pending the outcome of the
6026	trial of the defendant. If bond is posted by the defendant, it
6027	shall also be remitted to the commission to be held in escrow
6028	pending the outcome of the trial of the defendant.
6029	(c)  In the event of acquittal, the proceeds of a sale or
6030	the bond or cash deposit required by this subsection shall be
6031	returned to the defendant. In the event of a conviction, the
6032	proceeds of a sale or the bond or cash deposit required by this
6033	subsection shall be deposited into the Marine Resources
6034	Conservation Trust Fund to be used for law enforcement purposes
6035	or into the commission's Federal Law Enforcement Trust Fund as
6036	provided in s. 372.107, as applicable. Such deposit into the
6037	Marine Resources Conservation Trust Fund or the Federal Law
6038	Enforcement Trust Fund shall constitute confiscation.
6039	(d)  For purposes of confiscation under this subsection,
6040	the term "saltwater products" has the meaning set out in s.
6041	379.101(36) 370.01(27), except that the term does not include
6042	saltwater products harvested under the authority of a
6043	recreational license unless the amount of such harvested
6044	products exceeds three times the applicable recreational bag
6045	limit for trout, snook, or redfish.
6046	(6)  MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL
6047	FUNDING.--
6048	(a)  Any municipal or county law enforcement agency that
6049	enforces or assists the commission in enforcing the provisions
6050	of this chapter, which results in a forfeiture of property as
6051	provided in this section, shall be entitled to receive all or a
6052	share of any property based upon its participation in such
6053	enforcement.
6054	(b)  If a municipal or county law enforcement agency has a
6055	marine enforcement unit, any property delivered to any municipal
6056	or county law enforcement agency as provided in paragraph (a)
6057	may be retained or sold by the municipal or county law
6058	enforcement agency, and the property or proceeds shall be used
6059	to enforce the provisions of this chapter and chapters 327 and
6060	328. If a municipal or county law enforcement agency does not
6061	have a marine enforcement unit, such property or proceeds shall
6062	be disposed of under the provisions of chapter 932.
6063	(c)  Any funds received by a municipal or county law
6064	enforcement agency pursuant to this subsection shall be
6065	supplemental funds and may not be used as replacement funds by
6066	the municipality or county.
6067	Section 123.  Section 372.73, Florida Statutes, is
6068	renumbered as section 379.338, Florida Statutes, and amended to
6069	read:
6070	379.338 372.73  Confiscation and disposition of illegally
6071	taken game.--All game and freshwater fish seized under the
6072	authority of this chapter shall, upon conviction of the offender
6073	or sooner if the court so orders, be forfeited and given to some
6074	hospital or charitable institution and receipt therefor sent to
6075	the Fish and Wildlife Conservation Commission. All furs or hides
6076	or fur-bearing animals seized under the authority of this
6077	chapter shall, upon conviction of the offender, be forfeited and
6078	sent to the commission, which shall sell the same and deposit
6079	the proceeds of such sale to the credit of the State Game Trust
6080	Fund or into the commission's Federal Law Enforcement Trust Fund
6081	as provided in s. 372.107, as applicable. If any such hides or
6082	furs are seized and the offender is unknown, the court shall
6083	order such hides or furs sent to the Fish and Wildlife
6084	Conservation Commission, which shall sell such hides and furs
6085	and deposit the proceeds of such sale to the credit of the State
6086	Game Trust Fund or into the commission's Federal Law Enforcement
6087	Trust Fund as provided in s. 372.107, as applicable.
6088	Section 124.  Section 372.9901, Florida Statutes, is
6089	renumbered as section 379.339, Florida Statutes, and amended to
6090	read:
6091	379.339 372.9901  Seizure of illegal hunting devices;
6092	disposition; notice; forfeiture.--In order to protect the
6093	state's wildlife resources, any vehicle, vessel, animal, gun,
6094	light, or other hunting device used or attempted to be used in
6095	connection with, as an instrumentality of, or in aiding and
6096	abetting in the commission of an offense prohibited by s.
6097	379.404 372.99 is subject to seizure and forfeiture. The
6098	provisions of chapter 932 do not apply to any seizure or
6099	forfeiture under this section. For purposes of this section, a
6100	conviction is any disposition other than acquittal or dismissal.
6101	(1)(a)  Upon a first conviction of the person in whose
6102	possession the property was found, the court having jurisdiction
6103	over the criminal offense, notwithstanding any jurisdictional
6104	limitations on the amount in controversy, may make a finding
6105	that the property was used in connection with a violation of s.
6106	379.404 372.99. Upon such finding, the court may order the
6107	property forfeited to the commission.
6108	(b)  Upon a second or subsequent conviction of a person in
6109	whose possession the property was found for a violation of s.
6110	379.404 372.99, the court shall order the forfeiture to the
6111	commission of any property used in connection with that
6112	violation.
6113	(2)  The requirement for a conviction before forfeiture
6114	establishes, to the exclusion of any reasonable doubt, that the
6115	property was used in connection with that violation. Prior to
6116	the issuance of a forfeiture order for any vessel, vehicle, or
6117	other property under subsection (1), the commission shall seize
6118	the property and notify the registered owner, if any, that the
6119	property has been seized by the commission.
6120	(3)  Notification of property seized under this section
6121	must be sent by certified mail to a registered owner within 14
6122	days after seizure. If the commission, after diligent inquiry,
6123	cannot ascertain the registered owner, the notice requirement is
6124	satisfied.
6125	(4)(a)  For a first conviction of an offense under s.
6126	379.404 372.99, property seized by the commission shall be
6127	returned to the registered owner if the commission fails to
6128	prove by a preponderance of the evidence before the court having
6129	jurisdiction over the criminal offense that the registered owner
6130	aided in, abetted in, participated in, gave consent to, knew of,
6131	or had reason to know of the offense.
6132	(b)  Upon a second or subsequent conviction for an offense
6133	under s. 379.404 372.99, the burden shall be on the registered
6134	owner to prove by a preponderance of the evidence before the
6135	court having jurisdiction over the criminal offense that the
6136	registered owner in no way aided in, abetted in, participated
6137	in, knew of, or had reason to know of the second offense which
6138	resulted in seizure of the lawful property.
6139	(c)  Any request for a hearing from a registered owner
6140	asserting innocence to recover property seized under these
6141	provisions must be sent to the commission's Division of Law
6142	Enforcement within 21 days after the registered owner's receipt
6143	of the notice of seizure. If a request for a hearing is not
6144	timely received, the court shall forfeit to the commission the
6145	right to, title to, and interest in the property seized, subject
6146	only to the rights and interests of bona fide lienholders.
6147	(5)  All amounts received from the sale or other
6148	disposition of the property shall be paid into the State Game
6149	Trust Fund or into the commission's Federal Law Enforcement
6150	Trust Fund as provided in s. 372.107, as applicable. If the
6151	property is not sold or converted, it shall be delivered to the
6152	executive director of the commission.
6153	Section 125.  Section 372.9904, Florida Statutes, is
6154	renumbered as section 379.3395, Florida Statutes, and amended to
6155	read:
6156	379.3395 372.9904  Seizure of illegal transportation
6157	devices; disposition; appraisal; forfeiture.--
6158	(1)  Any vehicle, vessel, or other transportation device
6159	used in the commission of the offense prohibited by s. 379.406
6160	372.9903, except a vehicle, vessel, or other transportation
6161	device duly registered as a common carrier and operated in
6162	lawful transaction of business as such carrier, shall be seized
6163	by the arresting officer, who shall promptly make return of the
6164	seizure and deliver the property to the director of the Fish and
6165	Wildlife Conservation Commission. The return shall describe the
6166	property seized and recite in detail the facts and circumstances
6167	under which it was seized, together with the reason that the
6168	property was subject to seizure. The return shall also contain
6169	the names of all persons known to the officer to be interested
6170	in the property.
6171	(2)  The commission, upon receipt of the property, shall
6172	promptly fix its value and make return thereof to the clerk of
6173	the circuit court of the county wherein the article was seized;
6174	after which, on proper showing of ownership of the property by
6175	someone other than the person arrested, the property shall be
6176	returned by the court to the said owner.
6177	(3)  Upon conviction of the violator, the property, if
6178	owned by the person convicted, shall be forfeited to the state
6179	under the procedure set forth in ss. 379.337 and 379.362 370.061
6180	and 370.07, when not inconsistent with this section. All amounts
6181	received from the sale or other disposition of the property
6182	shall be paid into the State Game Trust Fund or into the
6183	commission's Federal Law Enforcement Trust Fund as provided in
6184	s. 372.107, as applicable. If the property is not sold or
6185	converted, it shall be delivered to the director of the Fish and
6186	Wildlife Conservation Commission.
6187	Section 126.  Section 372.99021, Florida Statutes, is
6188	renumbered as section 379.341, Florida Statutes, to read:
6189	379.341 372.99021  Disposition of illegal fishing devices;
6190	exercise of police power.--
6191	(1)  In all cases of arrest and conviction for use of
6192	illegal nets or traps or fishing devices, as provided in this
6193	chapter, such illegal net, trap, or fishing device is declared
6194	to be a nuisance and shall be seized and carried before the
6195	court having jurisdiction of such offense and said court shall
6196	order such illegal trap, net, or fishing device forfeited to the
6197	commission immediately after trial and conviction of the person
6198	in whose possession they were found. When any illegal net, trap,
6199	or fishing device is found in the fresh waters of the state, and
6200	the owner of same shall not be known to the officer finding the
6201	same, such officer shall immediately procure from the county
6202	court judge an order forfeiting said illegal net, trap, or
6203	fishing device to the commission. The commission may destroy
6204	such illegal net, trap, or fishing device, if in its judgment
6205	said net, trap, or fishing device is not of value in the work of
6206	the department.
6207	(2)  When any nets, traps, or fishing devices are found
6208	being used illegally as provided in this chapter, the same shall
6209	be seized and forfeited to the commission as provided in this
6210	chapter.
6211	(3)  This section is necessary for the more efficient and
6212	proper enforcement of the statutes and laws of this state
6213	prohibiting the illegal use of nets, traps, or fishing devices
6214	and is a lawful exercise of the police power of the state for
6215	the protection of the public welfare, health, and safety of the
6216	people of the state. All the provisions of this section shall be
6217	liberally construed for the accomplishment of these purposes.
6218	Section 127.  Section 372.9905, Florida Statutes, is
6219	renumbered as section 379.342, Florida Statutes, and amended to
6220	read:
6221	379.342 372.9905  Applicability of ss. 379.339, 379.340,
6222	379.404, and 379.406 372.99, 372.9901, 372.9903, and
6223	372.9904.--The provisions of ss. 379.339, 379.340, 379.404, and
6224	379.406 372.99, 372.9901, 372.9903, and 372.9904 relating to
6225	seizure and forfeiture of animals or of vehicles, vessels, or
6226	other transportation devices do not vitiate any valid lien,
6227	retain title contract, or chattel mortgage on such animals or
6228	vehicles, vessels, or other transportation devices if such lien,
6229	retain title contract, or chattel mortgage is properly of public
6230	record at the time of the seizure.
6231	Section 128.  Section 372.0715, Florida Statutes, is
6232	renumbered as section 379.343, Florida Statutes, to read:
6233	379.343 372.0715  Rewards.--The Fish and Wildlife
6234	Conservation Commission is authorized to offer rewards in
6235	amounts of up to $500 to any person furnishing information
6236	leading to the arrest and conviction of any person who has
6237	inflicted or attempted to inflict bodily injury upon any
6238	wildlife officer engaged in the enforcement of the provisions of
6239	this chapter or the rules and regulations of the Fish and
6240	Wildlife Conservation Commission.
6241	Section 129.  Part VI of chapter 379, Florida Statutes,
6242	consisting of sections 379.350, 379.3501, 379.3502, 379.3503,
6243	379.3504, 379.3511, 379.3512, 379.352, 379.353, 379.354,
6244	379.355, 379.356, 379.357, 379.3581, 379.3582, and 379.3582, is
6245	created to read:
6246	PART VI
6247	LICENSES FOR RECREATIONAL ACTIVITIES
6248
6249	Section 130.  Section 372.5711, Florida Statutes, is
6250	renumbered as section 379.35, Florida Statutes, to read:
6251	379.35 372.5711  Review of fees for licenses and permits;
6252	review of exemptions.--The fees for licenses and permits
6253	established under this chapter, and exemptions thereto, shall be
6254	reviewed by the Legislature during its regular session every 5
6255	years beginning in 2000.
6256	Section 131.  Section 372.571, Florida Statutes, is
6257	renumbered as section 379.3501, Florida Statutes, and amended to
6258	read:
6259	379.3501 372.571  Expiration of licenses and permits.--Each
6260	license or permit issued under this part chapter must be dated
6261	when issued. Each license or permit issued under this part
6262	chapter remains valid for 12 months after the date of issuance,
6263	except for a lifetime license issued pursuant to s. 379.354
6264	372.57 which is valid from the date of issuance until the death
6265	of the individual to whom the license is issued unless otherwise
6266	revoked in accordance with s. 379.401 372.83 or s. 379.404
6267	372.99, or a 5-year license issued pursuant to s. 379.354 372.57
6268	which is valid for 5 consecutive years from the date of purchase
6269	unless otherwise revoked in accordance with s. 379.401 372.83 or
6270	s. 379.404 372.99, or a license issued pursuant to s.
6271	379.354(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.
6272	372.57(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.,
6273	which is valid for the period specified on the license. A
6274	resident lifetime license or a resident 5-year license that has
6275	been purchased by a resident of this state and who subsequently
6276	resides in another state shall be honored for activities
6277	authorized by that license.
6278	Section 132.  Section 372.59, Florida Statutes, is
6279	renumbered as section 379.3502, Florida Statutes, and amended to
6280	read:
6281	379.3502 372.59  License and permit not transferable.--A
6282	person may not alter or change in any manner, or loan or
6283	transfer to another, unless otherwise provided, any license or
6284	permit issued pursuant to the provisions of this chapter, nor
6285	may any other person, other than the person to whom it is
6286	issued, use the same.
6287	Section 133.  Section 372.58, Florida Statutes, is
6288	renumbered as section 379.3503, Florida Statutes, and amended to
6289	read:
6290	379.3503 372.58  False statement in application for license
6291	or permit.--Any person who swears or affirms to any false
6292	statement in any application for license or permit provided by
6293	this chapter, is guilty of violating this chapter, and shall be
6294	subject to the penalty provided in s. 379.401 372.83, and any
6295	false statement contained in any application for such license or
6296	permit renders the license or permit void.
6297	Section 134.  Section 372.581, Florida Statutes, is
6298	renumbered as section 379.3504, Florida Statutes, and amended to
6299	read:
6300	379.3504 372.581  Entering false information on licenses or
6301	permits.--Whoever knowingly and willfully enters false
6302	information on, or allows or causes false information to be
6303	entered on or shown upon any license or permit issued under the
6304	provisions of this chapter in order to avoid prosecution or to
6305	assist another to avoid prosecution, or for any other wrongful
6306	purpose shall be punished as provided in s. 379.401 372.83.
6307	Section 135.  Section 372.574, Florida Statutes, is
6308	renumbered as section 379.3511, Florida Statutes, and amended to
6309	read:
6310	379.3511 372.574  Appointment of subagents for the sale of
6311	hunting, fishing, and trapping licenses and permits.--
6312	(1)  Subagents shall serve at the pleasure of the
6313	commission. The commission may establish, by rule, procedures
6314	for the selection and appointment of subagents. The following
6315	are requirements for subagents so appointed:
6316	(a)  The commission may require each subagent to post an
6317	appropriate bond as determined by the commission, using an
6318	insurance company acceptable to the commission. In lieu of the
6319	bond, the commission may purchase blanket bonds covering all or
6320	selected subagents or may allow a subagent to post other
6321	security as required by the commission.
6322	(b)  A subagent may sell licenses and permits as authorized
6323	by the commission at specific locations within the county and in
6324	states as will best serve the public interest and convenience in
6325	obtaining licenses and permits. The commission may prohibit
6326	subagents from selling certain licenses or permits.
6327	(c)  It is unlawful for any person to handle licenses or
6328	permits for a fee or compensation of any kind unless he or she
6329	has been appointed as a subagent.
6330	(d)  Any person who willfully violates any of the
6331	provisions of this section commits a misdemeanor of the second
6332	degree, punishable as provided in s. 775.082 or s. 775.083.
6333	(e)  A subagent may charge and receive as his or her
6334	compensation 50 cents for each license or permit sold. This
6335	charge is in addition to the sum required by law to be collected
6336	for the sale and issuance of each license or permit.
6337	(f)  A subagent shall submit payment for and report the
6338	sale of licenses and permits to the commission as prescribed by
6339	the commission.
6340	(2)  The Fish and Wildlife Conservation Commission or any
6341	other law enforcement agency may carry out any investigation
6342	necessary to secure information required to carry out and
6343	enforce this section.
6344	(3)  All social security numbers that are provided pursuant
6345	to ss. 379.352 and 379.354 372.561 and 372.57 and are contained
6346	in records of any subagent appointed under this section are
6347	confidential as provided in those sections.
6348	Section 136.  Section 372.551, Florida Statutes, is
6349	renumbered as section 379.3512, Florida Statutes, to read:
6350	379.3512 372.551  Competitive bidding for certain sale of
6351	licenses and permits and the issuance of authorization
6352	numbers.--The commission is authorized to establish the
6353	following, using competitive bidding procedures:
6354	(1)  A process and a vendor fee for the sale of licenses
6355	and permits, and the issuance of authorization numbers, over the
6356	telephone.
6357	(2)  A process and a vendor fee for the electronic sale of
6358	licenses and permits and for the electronic issuance of
6359	authorization numbers.
6360	Section 137.  Section 372.561, Florida Statutes, is
6361	renumbered as section 379.352, Florida Statutes, and amended to
6362	read:
6363	379.352 372.561  Recreational licenses, permits, and
6364	authorization numbers to take wild animal life, freshwater
6365	aquatic life, and marine life; issuance; costs; reporting.--
6366	(1)  This section applies to all recreational licenses and
6367	permits and to any authorization numbers issued by the
6368	commission for the use of such recreational licenses or permits.
6369	(2)  The commission shall establish forms for the issuance
6370	of recreational licenses and permits.
6371	(3)  The commission shall issue a license, permit, or
6372	authorization number to take wild animal life, freshwater
6373	aquatic life, or marine life when an applicant provides proof
6374	that she or he is entitled to such license, permit, or
6375	authorization number. Each applicant for a recreational license,
6376	permit, or authorization number shall provide her or his social
6377	security number on the application form. Disclosure of social
6378	security numbers obtained through this requirement shall be
6379	limited to the purposes of administration of the Title IV-D
6380	program for child support enforcement, use by the commission,
6381	and as otherwise provided by law.
6382	(4)  Licenses and permits to take wild animal life,
6383	freshwater aquatic life, or marine life may be sold by the
6384	commission, by any tax collector in the state, or by any
6385	subagent authorized under s. 379.3511 372.574.
6386	(5)  In addition to any license or permit fee, the sum of
6387	$1.50 shall be charged for each license or management area
6388	permit, except for replacement licenses, to cover the cost of
6389	issuing such license or permit.
6390	(6)(a)  The fee established pursuant to subsection (5)
6391	shall be distributed as follows:
6392	1.  For each hunting license and freshwater fishing license
6393	sold by a tax collector, including the combination freshwater
6394	fishing and hunting license, the sportsman's license, and the
6395	gold sportsman's license, a tax collector may retain $1.00.
6396	2.  For each management area permit sold by a tax
6397	collector, a tax collector may retain $1.00.
6398	3.  For each saltwater fishing tag and saltwater fishing
6399	license sold by a tax collector, including the combination
6400	saltwater fishing and freshwater fishing license and the
6401	combination saltwater fishing, freshwater fishing, and hunting
6402	license, a tax collector may retain $1.50.
6403	4.  For licenses and management area permits sold by
6404	subagents, a tax collector may retain 50 cents for each license
6405	sold in the tax collector's county.
6406	5.  Any and all remaining fees shall be deposited in the
6407	State Game Trust Fund and shall be used to support an automated
6408	license system and administration of the license program.
6409	(b)  Tax collectors shall remit license and permit revenue
6410	to the commission weekly.
6411	(7)(a)  The sum of $10 shall be charged for each
6412	replacement lifetime license and $2 for all other replacement
6413	licenses and permits. A tax collector may retain $1.00 for each
6414	replacement license.
6415	(b)  Fees collected from the issuance of replacement
6416	licenses shall be deposited in the State Game Trust Fund.
6417	(8)  At each location where hunting, fishing, or trapping
6418	licenses or permits are sold, voter registration applications
6419	shall be displayed and made available to the public. Subagents
6420	shall ask each person who applies for a hunting, fishing, or
6421	trapping license or permit if he or she would like a voter
6422	registration application and may provide such application to the
6423	license or permit applicant but shall not assist such persons
6424	with voter registration applications or collect complete or
6425	incomplete voter registration applications.
6426	(9)  Except as provided in subsections (8) and (12), each
6427	person who applies for a hunting, fishing, or trapping license
6428	or permit shall be asked if he or she would like the appropriate
6429	supervisor of elections to provide a voter registration
6430	application to the applicant at a later date. If at the time a
6431	license is purchased the applicant indicates that he or she
6432	would like to receive a voter registration application, the
6433	commission shall, within 7 days, make the request available to
6434	the appropriate supervisor of elections or voter registration
6435	agency so that an application may be sent to the applicant.
6436	Supervisors of elections shall mail an application to each
6437	person requesting such application within 5 business days after
6438	receipt of the request.
6439	(10)  The commission may satisfy the requirements of
6440	subsection (9) by providing access to an Internet site with the
6441	voter registration information included thereon.
6442	(11)  When acting in its official capacity pursuant to this
6443	section, neither the commission nor a subagent is deemed a
6444	third-party registration organization, as defined in s.
6445	97.021(36), or a voter registration agency, as defined in s.
6446	97.021(40), and is not authorized to solicit, accept, or collect
6447	voter registration applications or provide voter registration
6448	services.
6449	(12)  Each person who applies for a hunting, fishing, or
6450	trapping license or permit on the Internet shall be provided a
6451	link to the Department of State's online uniform statewide voter
6452	registration application.
6453	(13)  The commission, any tax collector in this state, or
6454	any subagent authorized to sell licenses and permits under s.
6455	379.3511 372.574 may request and collect donations when selling
6456	a recreational license or permit authorized under s. 379.354
6457	372.57. All donations collected under this subsection shall be
6458	deposited into the State Game Trust Fund to be used solely for
6459	the purpose of enhancing youth hunting and youth freshwater and
6460	saltwater fishing programs. By January 1, the commission shall
6461	provide a complete and detailed annual report on the status of
6462	its youth programs and activities performed under this
6463	subsection to the Governor, the President of the Senate, and the
6464	Speaker of the House of Representatives.
6465	(14)  The commission is authorized to adopt rules pursuant
6466	to ss. 120.536(1) and 120.54 to implement the provisions of this
6467	section.
6468	Section 138.  Section 372.562, Florida Statutes, is
6469	renumbered as section 379.353, Florida Statutes, and amended to
6470	read:
6471	379.353 372.562  Recreational licenses and permits;
6472	exemptions from fees and requirements.--
6473	(1)  Hunting, freshwater fishing, and saltwater fishing
6474	licenses and permits shall be issued without fee to any resident
6475	who is certified or determined:
6476	(a)  To be totally and permanently disabled for purposes of
6477	workers' compensation under chapter 440 as verified by an order
6478	of a judge of compensation claims or written confirmation by the
6479	carrier providing workers' compensation benefits, or to be
6480	totally and permanently disabled by the Railroad Retirement
6481	Board, by the United States Department of Veterans Affairs or
6482	its predecessor, or by any branch of the United States Armed
6483	Forces, or who holds a valid identification card issued under
6484	the provisions of s. 295.17, upon proof of same. Any license
6485	issued under this paragraph after January 1, 1997, expires after
6486	5 years and must be reissued, upon request, every 5 years
6487	thereafter.
6488	(b)  To be disabled by the United States Social Security
6489	Administration, upon proof of same. Any license issued under
6490	this paragraph after October 1, 1999, expires after 2 years and
6491	must be reissued, upon proof of certification of disability,
6492	every 2 years thereafter.
6493
6494	A disability license issued after July 1, 1997, and before July
6495	1, 2000, retains the rights vested thereunder until the license
6496	has expired.
6497	(2)  A hunting, freshwater fishing, or saltwater fishing
6498	license or permit is not required for:
6499	(a)  Any child under 16 years of age, except as otherwise
6500	provided in this part chapter.
6501	(b)  Any person hunting or freshwater fishing on her or his
6502	homestead property, or on the homestead property of the person's
6503	spouse or minor child; or any minor child hunting or freshwater
6504	fishing on the homestead property of her or his parent.
6505	(c)  Any resident who is a member of the United States
6506	Armed Forces and not stationed in this state, when home on leave
6507	for 30 days or less, upon submission of orders.
6508	(d)  Any resident freshwater fishing for recreational
6509	purposes only, within her or his county of residence with live
6510	or natural bait, using poles or lines not equipped with a
6511	fishing line retrieval mechanism. This exemption does not apply
6512	to residents fishing in a legally established fish management
6513	area.
6514	(e)  Any person freshwater fishing in a fish pond of 20
6515	acres or less that is located entirely within the private
6516	property of the fish pond owner.
6517	(f)  Any person freshwater fishing in a fish pond that is
6518	licensed in accordance with s. 379.356 372.5705.
6519	(g)  Any person fishing who has been accepted as a client
6520	for developmental disabilities services by the Department of
6521	Children and Family Services, provided the department furnishes
6522	proof thereof.
6523	(h)  Any resident saltwater fishing from land or from a
6524	structure fixed to the land.
6525	(i)  Any person saltwater fishing from a vessel licensed
6526	pursuant to s. 379.354(7) 372.57(7).
6527	(j)  Any person saltwater fishing from a vessel the
6528	operator of which is licensed pursuant to s. 379.354(7)
6529	372.57(7).
6530	(k)  Any person saltwater fishing who holds a valid
6531	saltwater products license issued under s. 379.361(2) 370.06(2).
6532	(l)  Any person saltwater fishing for recreational purposes
6533	from a pier licensed under s. 379.354 372.57.
6534	(m)  Any resident fishing for a saltwater species in fresh
6535	water from land or from a structure fixed to land.
6536	(n)  Any resident fishing for mullet in fresh water who has
6537	a valid Florida freshwater fishing license.
6538	(o)  Any resident 65 years of age or older who has in her
6539	or his possession proof of age and residency. A no-cost license
6540	under this paragraph may be obtained from any tax collector's
6541	office upon proof of age and residency and must be in the
6542	possession of the resident during hunting, freshwater fishing,
6543	and saltwater fishing activities.
6544	(p)  Any employee of the commission who takes freshwater
6545	fish, saltwater fish, or game as part of employment with the
6546	commission, or any other person authorized by commission permit
6547	to take freshwater fish, saltwater fish, or game for scientific
6548	or educational purposes.
6549	(q)  Any resident recreationally freshwater fishing who
6550	holds a valid commercial fishing license issued under s.
6551	379.3625(1)(a) 372.65(1)(a).
6552	Section 139.  Section 372.57, Florida Statutes, is
6553	renumbered as section 379.354, Florida Statutes, and amended to
6554	read:
6555	379.354 372.57  Recreational licenses, permits, and
6556	authorization numbers; fees established.--
6557	(1)  LICENSE, PERMIT, OR AUTHORIZATION NUMBER
6558	REQUIRED.--Except as provided in s. 379.353 372.562, no person
6559	shall take game, freshwater or saltwater fish, or fur-bearing
6560	animals within this state without having first obtained a
6561	license, permit, or authorization number and paid the fees set
6562	forth in this chapter. Such license, permit, or authorization
6563	number shall authorize the person to whom it is issued to take
6564	game, freshwater or saltwater fish, or fur-bearing animals, and
6565	participate in outdoor recreational activities in accordance
6566	with the laws of the state and rules of the commission.
6567	(2)  NONTRANSFERABILITY; INFORMATION AND DOCUMENTATION.--
6568	(a)  Licenses, permits, and authorization numbers issued
6569	under this part chapter are not transferable. Each license and
6570	permit must bear on its face in indelible ink the name of the
6571	person to whom it is issued and other information as deemed
6572	necessary by the commission. Licenses issued to the owner,
6573	operator, or custodian of a vessel that directly or indirectly
6574	collects fees for taking or attempting to take or possess
6575	saltwater fish for noncommercial purposes must include the
6576	vessel registration number or federal documentation number.
6577	(b)  The lifetime licenses and 5-year licenses authorized
6578	in this section shall be embossed with the name, date of birth,
6579	date of issuance, and other pertinent information as deemed
6580	necessary by the commission. A certified copy of the applicant's
6581	birth certificate shall accompany each application for a
6582	lifetime license for a resident 12 years of age or younger.
6583	(c)  A positive form of identification is required when
6584	using a free license, a lifetime license, a 5-year license, or
6585	an authorization number issued under this chapter, or when
6586	otherwise required by a license or permit.
6587	(3)  PERSONAL POSSESSION REQUIRED.--Each license, permit,
6588	or authorization number must be in the personal possession of
6589	the person to whom it is issued while such person is taking,
6590	attempting to take, or possessing game, freshwater or saltwater
6591	fish, or fur-bearing animals. Any person taking, attempting to
6592	take, or possessing game, freshwater or saltwater fish, or fur-
6593	bearing animals who fails to produce a license, permit, or
6594	authorization number at the request of a commission law
6595	enforcement officer commits a violation of the law.
6596	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
6597	and fees for residents participating in hunting and fishing
6598	activities in this state are as follows:
6599	(a)  Annual freshwater fishing license, $15.50.
6600	(b)  Annual saltwater fishing license, $15.50.
6601	(c)  Annual hunting license to take game, $15.50.
6602	(d)  Annual combination hunting and freshwater fishing
6603	license, $31.
6604	(e)  Annual combination freshwater fishing and saltwater
6605	fishing license, $31.
6606	(f)  Annual combination hunting, freshwater fishing, and
6607	saltwater fishing license, $46.50.
6608	(g)  Annual license to take fur-bearing animals, $25.
6609	However, a resident with a valid hunting license or a no-cost
6610	license who is taking fur-bearing animals for noncommercial
6611	purposes using guns or dogs only, and not traps or other
6612	devices, is not required to purchase this license. Also, a
6613	resident 65 years of age or older is not required to purchase
6614	this license.
6615	(h)  Annual sportsman's license, $79, except that an annual
6616	sportsman's license for a resident 64 years of age or older is
6617	$12. A sportsman's license authorizes the person to whom it is
6618	issued to take game and freshwater fish, subject to the state
6619	and federal laws, rules, and regulations, including rules of the
6620	commission, in effect at the time of the taking. Other
6621	authorized activities include activities authorized by a
6622	management area permit, a muzzle-loading gun season permit, a
6623	crossbow season permit, a turkey permit, a Florida waterfowl
6624	permit, and an archery season permit.
6625	(i)  Annual gold sportsman's license, $98.50. The gold
6626	sportsman's license authorizes the person to whom it is issued
6627	to take freshwater fish, saltwater fish, and game, subject to
6628	the state and federal laws, rules, and regulations, including
6629	rules of the commission, in effect at the time of taking. Other
6630	authorized activities include activities authorized by a
6631	management area permit, a muzzle-loading gun season permit, a
6632	crossbow season permit, a turkey permit, a Florida waterfowl
6633	permit, an archery season permit, a snook permit, and a spiny
6634	lobster permit.
6635	(j)  Annual military gold sportsman's license, $18.50. The
6636	gold sportsman's license authorizes the person to whom it is
6637	issued to take freshwater fish, saltwater fish, and game,
6638	subject to the state and federal laws, rules, and regulations,
6639	including rules of the commission, in effect at the time of
6640	taking. Other authorized activities include activities
6641	authorized by a management area permit, a muzzle-loading gun
6642	season permit, a crossbow season permit, a turkey permit, a
6643	Florida waterfowl permit, an archery season permit, a snook
6644	permit, and a spiny lobster permit. Any resident who is an
6645	active or retired member of the United States Armed Forces, the
6646	United States Armed Forces Reserve, the National Guard, the
6647	United States Coast Guard, or the United States Coast Guard
6648	Reserve is eligible to purchase the military gold sportsman's
6649	license upon submission of a current military identification
6650	card.
6651	(5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The
6652	licenses and fees for nonresidents participating in hunting and
6653	fishing activities in the state are as follows:
6654	(a)  Freshwater fishing license to take freshwater fish for
6655	3 consecutive days, $15.50.
6656	(b)  Freshwater fishing license to take freshwater fish for
6657	7 consecutive days, $28.50.
6658	(c)  Saltwater fishing license to take saltwater fish for 3
6659	consecutive days, $15.50.
6660	(d)  Saltwater fishing license to take saltwater fish for 7
6661	consecutive days, $28.50.
6662	(e)  Annual freshwater fishing license, $45.50.
6663	(f)  Annual saltwater fishing license, $45.50.
6664	(g)  Hunting license to take game for 10 consecutive days,
6665	$45.
6666	(h)  Annual hunting license to take game, $150.
6667	(i)  Annual license to take fur-bearing animals, $25.
6668	However, a nonresident with a valid Florida hunting license who
6669	is taking fur-bearing animals for noncommercial purposes using
6670	guns or dogs only, and not traps or other devices, is not
6671	required to purchase this license.
6672	(6)  PIER LICENSE.--A pier license for any pier fixed to
6673	land for the purpose of taking or attempting to take saltwater
6674	fish is $500 per year. The pier license may be purchased at the
6675	option of the owner, operator, or custodian of such pier and
6676	must be available for inspection at all times.
6677	(7)  VESSEL LICENSES.--
6678	(a)  No person may operate any vessel wherein a fee is
6679	paid, either directly or indirectly, for the purpose of taking,
6680	attempting to take, or possessing any saltwater fish for
6681	noncommercial purposes unless she or he has obtained a license
6682	for each vessel for that purpose, and has paid the license fee
6683	pursuant to paragraphs (b) and (c) for such vessel.
6684	(b)  A license for any person who operates any vessel
6685	licensed to carry more than 10 customers, wherein a fee is paid,
6686	either directly or indirectly, for the purpose of taking or
6687	attempting to take saltwater fish, is $800 per year. The license
6688	must be kept aboard the vessel at all times.
6689	(c)1.  A license for any person who operates any vessel
6690	licensed to carry no more than 10 customers, or for any person
6691	licensed to operate any vessel carrying 6 or fewer customers,
6692	wherein a fee is paid, either directly or indirectly, for the
6693	purpose of taking or attempting to take saltwater fish, is $400
6694	per year.
6695	2.  A license for any person licensed to operate any vessel
6696	carrying 6 or fewer customers but who operates a vessel carrying
6697	4 or fewer customers, wherein a fee is paid, either directly or
6698	indirectly, for the purpose of taking or attempting to take
6699	saltwater fish, is $200 per year. The license must be kept
6700	aboard the vessel at all times.
6701	3.  A person who operates a vessel required to be licensed
6702	pursuant to paragraph (b) or this paragraph may obtain a license
6703	in her or his own name, and such license shall be transferable
6704	and apply to any vessel operated by the purchaser, provided that
6705	the purchaser has paid the appropriate license fee.
6706	(d)  A license for a recreational vessel not for hire and
6707	for which no fee is paid, either directly or indirectly, by
6708	guests for the purpose of taking or attempting to take saltwater
6709	fish noncommercially is $2,000 per year. The license may be
6710	purchased at the option of the vessel owner and must be kept
6711	aboard the vessel at all times. A log of species taken and the
6712	date the species were taken shall be maintained and a copy of
6713	the log filed with the commission at the time of renewal of the
6714	license.
6715	(e)  The owner, operator, or custodian of a vessel the
6716	operator of which has been licensed pursuant to paragraph (a)
6717	must maintain and report such statistical data as required by,
6718	and in a manner set forth in, the rules of the commission.
6719	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
6720	PERMITS.--In addition to any license required under this
6721	chapter, the following permits and fees for specified hunting,
6722	fishing, and recreational uses and activities are required:
6723	(a)  An annual Florida waterfowl permit for a resident or
6724	nonresident to take wild ducks or geese within the state or its
6725	coastal waters is $3.
6726	(b)1.  An annual Florida turkey permit for a resident to
6727	take wild turkeys within the state is $5.
6728	2.  An annual Florida turkey permit for a nonresident to
6729	take wild turkeys within the state is $100.
6730	(c)  An annual snook permit for a resident or nonresident
6731	to take or possess any snook from any waters of the state is $2.
6732	Revenue generated from the sale of snook permits shall be used
6733	exclusively for programs to benefit the snook population.
6734	(d)  An annual spiny lobster permit for a resident or
6735	nonresident to take or possess any spiny lobster for
6736	recreational purposes from any waters of the state is $2.
6737	Revenue generated from the sale of spiny lobster permits shall
6738	be used exclusively for programs to benefit the spiny lobster
6739	population.
6740	(e)  A $5 fee is imposed for each of the following permits:
6741	1.  An annual archery season permit for a resident or
6742	nonresident to hunt within the state during any archery season
6743	authorized by the commission.
6744	2.  An annual crossbow season permit for a resident or
6745	nonresident to hunt within the state during any crossbow season
6746	authorized by the commission.
6747	3.  An annual muzzle-loading gun season permit for a
6748	resident or nonresident to hunt within the state during any
6749	muzzle-loading gun season authorized by the commission.
6750	(f)  A special use permit for a resident or nonresident to
6751	participate in limited entry hunting or fishing activities as
6752	authorized by commission rule shall not exceed $100 per day or
6753	$250 per week. Notwithstanding any other provision of this
6754	chapter, there are no exclusions, exceptions, or exemptions from
6755	this permit fee. In addition to the permit fee, the commission
6756	may charge each special use permit applicant a nonrefundable
6757	application fee not to exceed $10.
6758	(g)1.  A management area permit for a resident or
6759	nonresident to hunt on, fish on, or otherwise use for outdoor
6760	recreational purposes land owned, leased, or managed by the
6761	commission, or by the state for the use and benefit of the
6762	commission, shall not exceed $25 per year.
6763	2.  Permit fees for short-term use of land that is owned,
6764	leased, or managed by the commission may be established by rule
6765	of the commission for activities on such lands. Such permits may
6766	be in lieu of, or in addition to, the annual management area
6767	permit authorized in subparagraph 1.
6768	3.  Other than for hunting or fishing, the provisions of
6769	this paragraph shall not apply on any lands not owned by the
6770	commission, unless the commission has obtained the written
6771	consent of the owner or primary custodian of such lands.
6772	(h)1.  A recreational user permit is required to hunt on,
6773	fish on, or otherwise use for outdoor recreational purposes land
6774	leased by the commission from private nongovernmental owners,
6775	except for those lands located directly north of the
6776	Apalachicola National Forest, east of the Ochlocknee River until
6777	the point the river meets the dam forming Lake Talquin, and
6778	south of the closest federal highway. The fee for a recreational
6779	user permit shall be based upon the economic compensation
6780	desired by the landowner, game population levels, desired hunter
6781	density, and administrative costs. The permit fee shall be set
6782	by commission rule on a per-acre basis. The recreational user
6783	permit fee, less administrative costs of up to $25 per permit,
6784	shall be remitted to the landowner as provided in the lease
6785	agreement for each area.
6786	2.  One minor dependent under 16 years of age may hunt
6787	under the supervision of the permittee and is exempt from the
6788	recreational user permit requirements. The spouse and dependent
6789	children of a permittee are exempt from the recreational user
6790	permit requirements when engaged in outdoor recreational
6791	activities other than hunting and when accompanied by a
6792	permittee. Notwithstanding any other provision of this chapter,
6793	no other exclusions, exceptions, or exemptions from the
6794	recreational user permit fee are authorized.
6795	(9)  RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--
6796	(a)  Five-year licenses are available for residents only,
6797	as follows:
6798	1.  A 5-year freshwater fishing or saltwater fishing
6799	license is $77.50 for each type of license and authorizes the
6800	person to whom the license is issued to take or attempt to take
6801	or possess freshwater fish or saltwater fish consistent with the
6802	state and federal laws and regulations and rules of the
6803	commission in effect at the time of taking.
6804	2.  A 5-year hunting license is $77.50 and authorizes the
6805	person to whom it is issued to take or attempt to take or
6806	possess game consistent with the state and federal laws and
6807	regulations and rules of the commission in effect at the time of
6808	taking.
6809	3.  The commission is authorized to sell the hunting,
6810	fishing, and recreational activity permits authorized in
6811	subsection (8) for a 5-year period to match the purchase of 5-
6812	year fishing and hunting licenses. The fee for each permit
6813	issued under this paragraph shall be five times the annual cost
6814	established in subsection (8).
6815	(b)  Proceeds from the sale of all 5-year licenses and
6816	permits shall be deposited into the Dedicated License Trust
6817	Fund, to be distributed in accordance with the provisions of s.
6818	379.203 372.106.
6819	(10)  RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING
6820	LICENSES.--
6821	(a)  Lifetime freshwater fishing licenses or saltwater
6822	fishing licenses are available for residents only, as follows,
6823	for:
6824	1.  Persons 4 years of age or younger, for a fee of $125.
6825	2.  Persons 5 years of age or older, but under 13 years of
6826	age, for a fee of $225.
6827	3.  Persons 13 years of age or older, for a fee of $300.
6828	(b)  The following activities are authorized by the
6829	purchase of a lifetime freshwater fishing license:
6830	1.  Taking, or attempting to take or possess, freshwater
6831	fish consistent with the state and federal laws and regulations
6832	and rules of the commission in effect at the time of the taking.
6833	2.  All activities authorized by a management area permit,
6834	excluding hunting.
6835	(c)  The following activities are authorized by the
6836	purchase of a lifetime saltwater fishing license:
6837	1.  Taking, or attempting to take or possess, saltwater
6838	fish consistent with the state and federal laws and regulations
6839	and rules of the commission in effect at the time of the taking.
6840	2.  All activities authorized by a snook permit and a spiny
6841	lobster permit.
6842	3.  All activities for which an additional license, permit,
6843	or fee is required to take or attempt to take or possess
6844	saltwater fish, which additional license, permit, or fee was
6845	imposed subsequent to the date of the purchase of the lifetime
6846	saltwater fishing license.
6847	(11)  RESIDENT LIFETIME HUNTING LICENSES.--
6848	(a)  Lifetime hunting licenses are available to residents
6849	only, as follows, for:
6850	1.  Persons 4 years of age or younger, for a fee of $200.
6851	2.  Persons 5 years of age or older, but under 13 years of
6852	age, for a fee of $350.
6853	3.  Persons 13 years of age or older, for a fee of $500.
6854	(b)  The following activities are authorized by the
6855	purchase of a lifetime hunting license:
6856	1.  Taking, or attempting to take or possess, game
6857	consistent with the state and federal laws and regulations and
6858	rules of the commission in effect at the time of the taking.
6859	2.  All activities authorized by a muzzle-loading gun
6860	season permit, a crossbow season permit, a turkey permit, an
6861	archery season permit, a Florida waterfowl permit, and a
6862	management area permit, excluding fishing.
6863	(12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
6864	(a)  Lifetime sportsman's licenses are available to
6865	residents only, as follows, for:
6866	1.  Persons 4 years of age or younger, for a fee of $400.
6867	2.  Persons 5 years of age or older, but under 13 years of
6868	age, for a fee of $700.
6869	3.  Persons 13 years of age or older, for a fee of $1,000.
6870	(b)  The following activities are authorized by the
6871	purchase of a lifetime sportsman's license:
6872	1.  Taking, or attempting to take or possess, freshwater
6873	and saltwater fish, and game, consistent with the state and
6874	federal laws and regulations and rules of the commission in
6875	effect at the time of taking.
6876	2.  All activities authorized by a management area permit,
6877	a muzzle-loading gun season permit, a crossbow season permit, a
6878	turkey permit, an archery season permit, a Florida waterfowl
6879	permit, a snook permit, and a spiny lobster permit.
6880	(13)  PROCEEDS FROM THE SALE OF LIFETIME LICENSES.--The
6881	proceeds from the sale of all lifetime licenses authorized in
6882	this section shall be deposited into the Lifetime Fish and
6883	Wildlife Trust Fund, to be distributed as provided in s. 379.207
6884	372.105.
6885	(14)  RECIPROCAL FEE AGREEMENTS.--The commission is
6886	authorized to reduce the fees for licenses and permits under
6887	this section for residents of those states with which the
6888	commission has entered into reciprocal agreements with respect
6889	to such fees.
6890	(15)  FREE FISHING DAYS.--The commission may designate by
6891	rule no more than 2 consecutive or nonconsecutive days in each
6892	year as free freshwater fishing days and no more than 2
6893	consecutive or nonconsecutive days in each year as free
6894	saltwater fishing days. Notwithstanding any other provision of
6895	this chapter, any person may take freshwater fish for
6896	noncommercial purposes on a free freshwater fishing day and may
6897	take saltwater fish for noncommercial purposes on a free
6898	saltwater fishing day, without obtaining or possessing a license
6899	or permit or paying a license or permit fee as prescribed in
6900	this section. A person who takes freshwater or saltwater fish on
6901	a free fishing day must comply with all laws, rules, and
6902	regulations governing the holders of a fishing license or permit
6903	and all other conditions and limitations regulating the taking
6904	of freshwater or saltwater fish as are imposed by law or rule.
6905	(16)  PROHIBITED LICENSES OR PERMITS.--A person may not
6906	make, forge, counterfeit, or reproduce a license or permit
6907	required under this section, except for those persons authorized
6908	by the commission to make or reproduce such a license or permit.
6909	A person may not knowingly possess a forgery, counterfeit, or
6910	unauthorized reproduction of such a license or permit. A person
6911	who violates this subsection commits a Level Four violation
6912	under s. 379.401 372.83.
6913	(17)  SUSPENDED OR REVOKED LICENSES.--A person may not take
6914	game, freshwater fish, saltwater fish, or fur-bearing animals
6915	within this state if a license issued to such person as required
6916	under this section or a privilege granted to such person under
6917	s. 379.353 372.562 is suspended or revoked. A person who
6918	violates this subsection commits a Level Three violation under
6919	s. 379.401 372.83.
6920	Section 140.  Section 370.063, Florida Statutes, is
6921	renumbered as section 379.355, Florida Statutes, and amended to
6922	read:
6923	379.355 370.063  Special recreational spiny lobster
6924	license.--There is created a special recreational spiny lobster
6925	license, to be issued to qualified persons as provided by this
6926	section for the recreational harvest of spiny lobster beginning
6927	August 5, 1994.
6928	(1)  The special recreational spiny lobster license shall
6929	be available to any individual spiny lobster trap number holder
6930	who also possesses a saltwater products license during the 1993-
6931	1994 license year. A person issued a special recreational spiny
6932	lobster license may not also possess a trap number.
6933	(2)  The special recreational spiny lobster license is
6934	required in order to harvest spiny lobster from state
6935	territorial waters in quantities in excess of the regular
6936	recreational bag limit but not in excess of a special bag limit
6937	as established by the Marine Fisheries Commission for these
6938	harvesters before the 1994-1995 license year. Such special bag
6939	limit does not apply during the 2-day sport season established
6940	by the Fish and Wildlife Conservation Commission.
6941	(3)  The holder of a special recreational spiny lobster
6942	license must also possess the recreational spiny lobster permit
6943	required by s. 379.354(8)(d) 372.57(8)(d).
6944	(4)  As a condition precedent to the issuance of a special
6945	recreational spiny lobster license, the applicant must agree to
6946	file quarterly reports with the Fish and Wildlife Conservation
6947	Commission in such form as the commission requires, detailing
6948	the amount of the licenseholder's spiny lobster harvest in the
6949	previous quarter, including the harvest of other recreational
6950	harvesters aboard the licenseholder's vessel.
6951	(4)(5)  The Fish and Wildlife Conservation Commission shall
6952	issue special recreational spiny lobster licenses. The fee for
6953	each such license is $100 per year. Each license issued in any
6954	license year must be renewed by June 30 of each subsequent year
6955	by the initial individual holder thereof. Noncompliance with the
6956	reporting requirement in subsection (4) or with the special
6957	recreational bag limit established under subsection (6)
6958	constitutes grounds for which the commission may refuse to renew
6959	the license for a subsequent license year. The number of such
6960	licenses outstanding in any one license year may not exceed the
6961	number issued for the 1994-1995 license year. A license is not
6962	transferable by any method. Licenses that are not renewed expire
6963	and may be reissued by the commission in the subsequent license
6964	year to new applicants otherwise qualified under this section.
6965	(6)  To promote conservation of the spiny lobster resource,
6966	consistent with equitable distribution and availability of the
6967	resource, the commission shall establish a spiny lobster
6968	management plan incorporating the special recreational spiny
6969	lobster license, including, but not limited to, the
6970	establishment of a special recreational bag limit for the
6971	holders of such license as required by subsection (2). Such
6972	special recreational bag limit must not be less than twice the
6973	higher of the daily recreational bag limits.
6974	(5)(7)  The proceeds of the fees collected under this
6975	section must be deposited in the Marine Resources Conservation
6976	Trust Fund and used as follows:
6977	(a)  Thirty-five percent for research and the development
6978	of reliable recreational catch statistics for the spiny lobster
6979	fishery.
6980	(b)  Twenty percent for administration of this section.
6981	(c)  Forty-five percent to be used for enforcement of this
6982	section.
6983	(6)(8)  Any person who violates this section commits a
6984	Level One violation under s. 379.401 372.83.
6985	Section 141.  Section 372.5705, Florida Statutes, is
6986	renumbered as section 379.356, Florida Statutes, to read:
6987	379.356 372.5705  Fish pond license.--The owner of a fish
6988	pond of more than 20 acres which is located entirely within her
6989	or his property may obtain a license from the commission for
6990	such pond at a fee of $3 per surface acre, and no fishing
6991	license shall be required of any person fishing in such licensed
6992	pond.
6993	Section 142.  Section 372.5704, Florida Statutes, is
6994	renumbered as section 379.357, Florida Statutes, and amended to
6995	read:
6996	379.357 372.5704  Fish and Wildlife Conservation Commission
6997	license program for tarpon; fees; penalties.--
6998	(1)  The commission shall establish a license program for
6999	the purpose of issuing tags to individuals desiring to harvest
7000	tarpon (megalops atlantica) from the waters of the state. The
7001	tags shall be nontransferable, except that the commission may
7002	allow for a limited number of tags to be purchased by
7003	professional fishing guides for transfer to individuals, and
7004	issued by the commission in order of receipt of a properly
7005	completed application for a nonrefundable fee of $50 per tag.
7006	The commission and any tax collector may sell the tags and
7007	collect the fees therefor. Tarpon tags are valid from July 1
7008	through June 30. Before August 15 of each year, each tax
7009	collector shall submit to the commission all unissued tags for
7010	the previous fiscal year along with a written audit report, on
7011	forms prescribed or approved by the commission, as to the
7012	numbers of the unissued tags. To defray the cost of issuing any
7013	tag, the issuing tax collector shall collect and retain as his
7014	or her costs, in addition to the tag fee collected, the amount
7015	allowed under s. 379.352(6) 372.561(6) for the issuance of
7016	licenses.
7017	(2)  The number of tags to be issued shall be determined by
7018	rule of the commission. The commission shall in no way allow the
7019	issuance of tarpon tags to adversely affect the tarpon
7020	population.
7021	(2)(3)  Proceeds from the sale of tarpon tags shall be
7022	deposited in the Marine Resources Conservation Trust Fund and
7023	shall be used to gather information directly applicable to
7024	tarpon management.
7025	(3)(4)  No individual shall take, kill, or possess any fish
7026	of the species megalops atlantica, commonly known as tarpon,
7027	unless such individual has purchased a tarpon tag and securely
7028	attached it through the lower jaw of the fish. Said individual
7029	shall within 5 days after the landing of the fish submit a form
7030	to the commission which indicates the length, weight, and
7031	physical condition of the tarpon when caught; the date and
7032	location of where the fish was caught; and any other pertinent
7033	information which may be required by the commission. The
7034	commission may refuse to issue new tags to individuals or guides
7035	who fail to provide the required information.
7036	(4)(5)  Any individual including a taxidermist who
7037	possesses a tarpon which does not have a tag securely attached
7038	as required by this section commits a Level Two violation under
7039	s. 379.401 372.83. Provided, however, a taxidermist may remove
7040	the tag during the process of mounting a tarpon. The removed tag
7041	shall remain with the fish during any subsequent storage or
7042	shipment.
7043	(5)(6)  Purchase of a tarpon tag shall not accord the
7044	purchaser any right to harvest or possess tarpon in
7045	contravention of rules adopted by the commission. No individual
7046	may sell, offer for sale, barter, exchange for merchandise,
7047	transport for sale, either within or without the state, offer to
7048	purchase, or purchase any species of fish known as tarpon.
7049	(6)(7)  The commission shall prescribe and provide suitable
7050	forms and tags necessary to carry out the provisions of this
7051	section.
7052	(7)(8)  The provisions of this section shall not apply to
7053	anyone who immediately returns a tarpon uninjured to the water
7054	at the place where the fish was caught.
7055	Section 143.  Section 372.5717, Florida Statutes, is
7056	renumbered as section 379.3581, Florida Statutes, and amended to
7057	read:
7058	379.3581 372.5717  Hunter safety course; requirements;
7059	penalty.--
7060	(1)  This section may be cited as the Senator Joe Carlucci
7061	Hunter Safety Act.
7062	(2)(a)  Except as provided in paragraph (b), a person born
7063	on or after June 1, 1975, may not be issued a license to take
7064	wild animal life with the use of a firearm, gun, bow, or
7065	crossbow in this state without having first successfully
7066	completed a hunter safety course as provided in this section,
7067	and without having in his or her personal possession a hunter
7068	safety certification card, as provided in this section.
7069	(b)  A person born on or after June 1, 1975, who has not
7070	successfully completed a hunter safety course may apply to the
7071	commission for a special authorization to hunt under
7072	supervision. The special authorization for supervised hunting
7073	shall be designated on any license or permit required under this
7074	chapter for a person to take game or fur-bearing animals and
7075	shall be valid for not more than 1 year. A special authorization
7076	for supervised hunting may not be issued more than once to the
7077	person applying for such authorization. A person issued a
7078	license with a special authorization to hunt under supervision
7079	must hunt under the supervision of, and in the presence of, a
7080	person 21 years or age or older who is licensed to hunt pursuant
7081	to s. 379.354 372.57 or who is exempt from licensing
7082	requirements or eligible for a free license pursuant to s.
7083	379.353 372.562.
7084	(3)  The Fish and Wildlife Conservation Commission shall
7085	institute and coordinate a statewide hunter safety course that
7086	must be offered in every county and consist of not more than 16
7087	hours of instruction including, but not limited to, instruction
7088	in the competent and safe handling of firearms, conservation,
7089	and hunting ethics.
7090	(4)  The commission shall issue a permanent hunter safety
7091	certification card to each person who successfully completes the
7092	hunter safety course. The commission shall maintain records of
7093	hunter safety certification cards issued and shall establish
7094	procedures for replacing lost or destroyed cards.
7095	(5)  A hunter safety certification card issued by a
7096	wildlife agency of another state, or any Canadian province,
7097	which shows that the holder of the card has successfully
7098	completed a hunter safety course approved by the commission is
7099	an acceptable substitute for the hunter safety certification
7100	card issued by the commission.
7101	(6)  All persons subject to the requirements of subsection
7102	(2) must have in their personal possession proof of compliance
7103	with this section, while taking or attempting to take wildlife
7104	with the use of a firearm, gun, bow, or crossbow, and must,
7105	unless the requirement to complete a hunter safety course is
7106	deferred pursuant to this section, display a valid hunter safety
7107	certification card in order to purchase a Florida hunting
7108	license. After the issuance of such a license, the license
7109	itself shall serve as proof of compliance with this section. A
7110	holder of a lifetime license whose license does not indicate on
7111	the face of the license that a hunter safety course has been
7112	completed must have in his or her personal possession a hunter
7113	safety certification card, as provided by this section, while
7114	attempting to take wild animal life with the use of a firearm,
7115	gun, bow, or crossbow.
7116	(7)  The hunter safety requirements of this section do not
7117	apply to persons for whom licenses are not required under s.
7118	379.353(2) 372.562(2).
7119	(8)  A person who violates this section commits a Level One
7120	violation under s. 379.401 372.83.
7121	Section 144.  Section 372.5718, Florida Statutes, is
7122	renumbered as section 379.3582, Florida Statutes, and amended to
7123	read:
7124	379.3582 372.5718  Hunter safety course for juveniles.--The
7125	Fish and Wildlife Conservation Commission shall develop a hunter
7126	safety course for juveniles who are at least 5 years of age but
7127	less than 16 years of age. The course must include, but is not
7128	limited to, instruction in the competent and safe handling of
7129	firearms, conservation, and hunting ethics. The course must be
7130	appropriate for the ages of the students. The course is
7131	voluntary and must be offered in each county in the state at
7132	least annually. The course is in addition to, and not in lieu
7133	of, the hunter safety course prescribed in s. 379.3581 372.5717.
7134	Section 145.  Part VII of chapter 379, Florida Statutes,
7135	consisting of sections 379.361, 379.362, 379.363, 379.3635,
7136	379.364, 379.365, 379.366, 379.367, 379.3671, 379.368, 379.369,
7137	379.3711, 379.3712, 379.372, 379.373, 379.374, 379.3751,
7138	379.3752, 379.3761, 379.3762, and 379.377, is created to read:
7139	PART VII
7140	NONRECREATIONAL LICENSES
7141
7142	Section 146.  Section 370.06, Florida Statutes, is
7143	renumbered as section 379.361 Florida Statutes, and amended to
7144	read:
7145	379.361 370.06  Licenses.--
7146	(1)  LICENSE ON PURSE SEINES.--There is levied, in addition
7147	to any other taxes thereon, an annual license tax of $25 upon
7148	each purse seine used in the waters of this state. This license
7149	fee shall be collected in the manner provided in this section.
7150	(2)  SALTWATER PRODUCTS LICENSE.--
7151	(a)  Every person, firm, or corporation that sells, offers
7152	for sale, barters, or exchanges for merchandise any saltwater
7153	products, or which harvests saltwater products with certain gear
7154	or equipment as specified by law, must have a valid saltwater
7155	products license, except that the holder of an aquaculture
7156	certificate under s. 597.004 is not required to purchase and
7157	possess a saltwater products license in order to possess,
7158	transport, or sell marine aquaculture products. Each saltwater
7159	products license allows the holder to engage in any of the
7160	activities for which the license is required. The license must
7161	be in the possession of the licenseholder or aboard the vessel
7162	and is subject to inspection at any time that harvesting
7163	activities for which a saltwater products license is required
7164	are being conducted.
7165	(b)1.  A restricted species endorsement on the saltwater
7166	products license is required to sell to a licensed wholesale
7167	dealer those species which the state, by law or rule, has
7168	designated as "restricted species." This endorsement may be
7169	issued only to a person who is at least 16 years of age, or to a
7170	firm certifying that over 25 percent of its income or $5,000 of
7171	its income, whichever is less, is attributable to the sale of
7172	saltwater products pursuant to a saltwater products license
7173	issued under this paragraph or a similar license from another
7174	state. This endorsement may also be issued to a for-profit
7175	corporation if it certifies that at least $5,000 of its income
7176	is attributable to the sale of saltwater products pursuant to a
7177	saltwater products license issued under this paragraph or a
7178	similar license from another state. However, if at least 50
7179	percent of the annual income of a person, firm, or for-profit
7180	corporation is derived from charter fishing, the person, firm,
7181	or for-profit corporation must certify that at least $2,500 of
7182	the income of the person, firm, or corporation is attributable
7183	to the sale of saltwater products pursuant to a saltwater
7184	products license issued under this paragraph or a similar
7185	license from another state, in order to be issued the
7186	endorsement. Such income attribution must apply to at least 1 of
7187	the last 3 years. For the purpose of this section, "income"
7188	means that income that is attributable to work, employment,
7189	entrepreneurship, pensions, retirement benefits, and social
7190	security benefits.
7191	2.  To renew an existing restricted species endorsement, a
7192	marine aquaculture producer possessing a valid saltwater
7193	products license with a restricted species endorsement may apply
7194	income from the sale of marine aquaculture products to licensed
7195	wholesale dealers.
7196	3.  The commission is authorized to require verification of
7197	such income for all restricted species endorsements issued
7198	pursuant to this paragraph. Acceptable proof of income earned
7199	from the sale of saltwater products shall be:
7200	a.  Copies of trip ticket records generated pursuant to
7201	this subsection (marine fisheries information system),
7202	documenting qualifying sale of saltwater products;
7203	b.  Copies of sales records from locales other than Florida
7204	documenting qualifying sale of saltwater products;
7205	c.  A copy of the applicable federal income tax return,
7206	including Form 1099 attachments, verifying income earned from
7207	the sale of saltwater products;
7208	d.  Crew share statements verifying income earned from the
7209	sale of saltwater products; or
7210	e.  A certified public accountant's notarized statement
7211	attesting to qualifying source and amount of income.
7212
7213	Notwithstanding any other provision of law, any person who owns
7214	a retail seafood market or restaurant at a fixed location for at
7215	least 3 years, who has had an occupational license for 3 years
7216	prior to January 1, 1990, who harvests saltwater products to
7217	supply his or her retail store, and who has had a saltwater
7218	products license for 1 of the past 3 license years prior to
7219	January 1, 1990, may provide proof of his or her verification of
7220	income and sales value at the person's retail seafood market or
7221	restaurant and in his or her saltwater products enterprise by
7222	affidavit and shall thereupon be issued a restricted species
7223	endorsement.
7224	4.  Exceptions from income requirements shall be as
7225	follows:
7226	a.  A permanent restricted species endorsement shall be
7227	available to those persons age 62 and older who have qualified
7228	for such endorsement for at least 3 of the last 5 years.
7229	b.  Active military duty time shall be excluded from
7230	consideration of time necessary to qualify and shall not be
7231	counted against the applicant for purposes of qualifying.
7232	c.  Upon the sale of a used commercial fishing vessel owned
7233	by a person, firm, or corporation possessing or eligible for a
7234	restricted species endorsement, the purchaser of such vessel
7235	shall be exempted from the qualifying income requirement for the
7236	purpose of obtaining a restricted species endorsement for a
7237	period of 1 year after purchase of the vessel.
7238	d.  Upon the death or permanent disablement of a person
7239	possessing a restricted species endorsement, an immediate family
7240	member wishing to carry on the fishing operation shall be
7241	exempted from the qualifying income requirement for the purpose
7242	of obtaining a restricted species endorsement for a period of 1
7243	year after the death or disablement.
7244	e.  A restricted species endorsement may be issued on an
7245	individual saltwater products license to a person age 62 or
7246	older who documents that at least $2,500 of such person's income
7247	is attributable to the sale of saltwater products.
7248	f.  A permanent restricted species endorsement may also be
7249	issued on an individual saltwater products license to a person
7250	age 70 or older who has held a saltwater products license for at
7251	least 3 of the last 5 license years.
7252	g.  Any resident who is certified to be totally and
7253	permanently disabled by the Railroad Retirement Board, by the
7254	United States Department of Veterans Affairs or its predecessor,
7255	or by any branch of the United States Armed Forces, or who holds
7256	a valid identification card issued by the Department of
7257	Veterans' Affairs pursuant to s. 295.17, upon proof of the same,
7258	or any resident certified to be disabled by the United States
7259	Social Security Administration or a licensed physician, upon
7260	proof of the same, shall be exempted from the income
7261	requirements if he or she also has held a saltwater products
7262	license for at least 3 of the last 5 license years prior to the
7263	date of the disability. A restricted species endorsement issued
7264	under this paragraph may be issued only on an individual
7265	saltwater products license.
7266	(c)  At least one saltwater products license bearing a
7267	restricted species endorsement shall be aboard any vessel
7268	harvesting restricted species in excess of any bag limit or when
7269	fishing under a commercial quota or in commercial quantities,
7270	and such vessel shall have a commercial vessel registration.
7271	This subsection does not apply to any person, firm, or
7272	corporation licensed under s. 379.362(1)(a)1. or (b)
7273	370.07(1)(a)1. or (b) for activities pursuant to such licenses.
7274	(d)  A saltwater products license may be issued in the name
7275	of an individual or a valid commercial vessel registration
7276	number. However, a firm or corporation may only receive a
7277	license issued to a valid commercial vessel registration number.
7278	A saltwater products license may not be transferred by the
7279	licenseholder to another individual, firm, or corporation. A
7280	decal shall be issued with each saltwater products license
7281	issued to a valid commercial vessel registration number. The
7282	saltwater products license decal shall be the same color as the
7283	vessel registration decal issued each year pursuant to s.
7284	328.48(5) and shall indicate the period of time such license is
7285	valid. The saltwater products license decal shall be placed
7286	beside the vessel registration decal and, in the case of an
7287	undocumented vessel, shall be placed so that the vessel
7288	registration decal lies between the commercial vessel
7289	registration number and the saltwater products license decal.
7290	Any saltwater products license decal for a previous year shall
7291	be removed from a vessel operating on the waters of the state.
7292	(e)  The annual fee for a saltwater products license is:
7293	1.  For a license issued in the name of an individual which
7294	authorizes only that individual to engage in commercial fishing
7295	activities from the shore or a vessel: a resident must pay $50;
7296	a nonresident must pay $200; or an alien must pay $300.
7297	2.  For a license issued in the name of an individual which
7298	authorizes that named individual to engage in commercial fishing
7299	activities from the shore or a vessel and also authorizes each
7300	person who is fishing with the named individual aboard a vessel
7301	to engage in such activities: a resident must pay $150; a
7302	nonresident must pay $600; or an alien must pay $900.
7303	3.  For a license issued to a valid commercial vessel
7304	registration number which authorizes each person aboard such
7305	registered vessel to engage in commercial fishing activities: a
7306	resident, or a resident firm or corporation, must pay $100; a
7307	nonresident, or a nonresident firm or corporation, must pay
7308	$400; or an alien, or an alien firm or corporation, must pay
7309	$600. For purposes of this subparagraph, a resident firm or
7310	corporation means a firm or corporation formed under the laws of
7311	this state; a nonresident firm or corporation means a firm or
7312	corporation formed under the laws of any state other than
7313	Florida; and an alien firm or corporation means a firm or
7314	corporation organized under any laws other than laws of the
7315	United States, any United States territory or possession, or any
7316	state of the United States.
7317	(f)  Any person who sells saltwater products pursuant to a
7318	saltwater products license may sell only to a licensed wholesale
7319	dealer. A saltwater products license must be presented to the
7320	licensed wholesale dealer each time saltwater products are sold,
7321	and an imprint made thereof. The wholesale dealer shall keep
7322	records of each transaction in such detail as may be required by
7323	rule of the commission not in conflict with s. 379.362(6)
7324	370.07(6), and shall provide the holder of the saltwater
7325	products license with a copy of the record. It is unlawful for
7326	any licensed wholesale dealer to buy saltwater products from any
7327	unlicensed person under the provisions of this section, except
7328	that a licensed wholesale dealer may buy from another licensed
7329	wholesale dealer. It is unlawful for any licensed wholesale
7330	dealer to buy saltwater products designated as "restricted
7331	species" from any person, firm, or corporation not possessing a
7332	restricted species endorsement on his or her saltwater products
7333	license under the provisions of this section, except that a
7334	licensed wholesale dealer may buy from another licensed
7335	wholesale dealer. For purposes of this subsection, any saltwater
7336	products received by a wholesale dealer are presumed to have
7337	been purchased.
7338	(g)  The commission shall be the licensing agency, may
7339	contract with private persons or entities to implement aspects
7340	of the licensing program, and shall establish by rule a marine
7341	fisheries information system in conjunction with the licensing
7342	program to gather fisheries data.
7343	(h)  Any person who sells, offers for sale, barters, or
7344	exchanges for merchandise saltwater products must have a method
7345	of catch preservation which meets the requirements and standards
7346	of the seafood quality control code promulgated by the
7347	commission.
7348	(i)  A saltwater products license is required to harvest
7349	commercial quantities of saltwater products. Any vessel from
7350	which commercial quantities of saltwater products are harvested
7351	must have a commercial vessel registration. Commercial
7352	quantities of saltwater products shall be defined as:
7353	1.  With respect to those species for which no bag limit
7354	has been established, more than 100 pounds per person per day,
7355	provided that the harvesting of two fish or less per person per
7356	day shall not be considered commercial quantities regardless of
7357	aggregate weight; and
7358	2.  With respect to those species for which a bag limit has
7359	been established, more than the bag limit allowed by law or
7360	rule.
7361	(j)1.  In addition to the saltwater products license, a
7362	marine life fishing endorsement is required for the harvest of
7363	marine life species as defined by rule of the Fish and Wildlife
7364	Conservation Commission. This endorsement may be issued only to
7365	a person who is at least 16 years of age or older or to a
7366	corporation holding a valid restricted species endorsement.
7367	2.a.  Effective July 1, 1998, and until July 1, 2002, a
7368	marine life endorsement may not be issued under this paragraph,
7369	except that those endorsements that are active during the 1997-
7370	1998 fiscal year may be renewed.
7371	b.  In 1998 persons or corporations holding a marine life
7372	endorsement that was active in the 1997-1998 fiscal year or an
7373	immediate family member of that person must request renewal of
7374	the marine life endorsement before December 31, 1998.
7375	c.  In subsequent years and until July 1, 2002, a marine
7376	life endorsement holder or member of his or her immediate family
7377	must request renewal of the marine life endorsement before
7378	September 30 of each year.
7379	d.  If a person or corporation holding an active marine
7380	life fishing endorsement or a member of that person's immediate
7381	family does not request renewal of the endorsement before the
7382	applicable dates specified in this paragraph, the commission
7383	shall deactivate that marine life fishing endorsement.
7384	e.  In the event of the death or disability of a person
7385	holding an active marine life fishing endorsement, the
7386	endorsement may be transferred by the person to a member of his
7387	or her immediate family or may be renewed by any person so
7388	designated by the executor of the person's estate.
7389	f.  Persons or corporations who hold saltwater product
7390	licenses with marine life fishing endorsements issued to their
7391	vessel registration numbers and who subsequently replace their
7392	existing vessels with new vessels may transfer the existing
7393	marine life fishing endorsement to the new boat registration
7394	numbers.
7395	g.  Persons or corporations who hold saltwater product
7396	licenses with marine life fishing endorsements issued to their
7397	name and who subsequently incorporate or unincorporate may
7398	transfer the existing marine life fishing endorsement to the new
7399	corporation or person.
7400	3.  The fee for a marine life fishery endorsement on a
7401	saltwater products license shall be $75. These license fees
7402	shall be collected and deposited in the Marine Resources
7403	Conservation Trust Fund and used for the purchase and
7404	installation of vessel mooring buoys at coral reef sites and for
7405	research related to marine fisheries.
7406	(3)  NET LICENSES.--Except for cast nets and bait seines
7407	which are 100 feet in length or less and which have a mesh that
7408	is 3/8 inch or less, all nets used to take finfish, including,
7409	but not limited to, gill nets, trammel nets, and beach seines,
7410	must be licensed or registered. Each net used to take finfish
7411	for commercial purposes, or by a nonresident, must be licensed
7412	under a saltwater products license issued pursuant to subsection
7413	(2) and must bear the number of such license.
7414	(4)  SPECIAL ACTIVITY LICENSES.--
7415	(a)  A special activity license is required for any person
7416	to use gear or equipment not authorized in this chapter or rule
7417	of the Fish and Wildlife Conservation Commission for harvesting
7418	saltwater species. In accordance with this chapter, s. 16, Art.
7419	X of the State Constitution, and rules of the commission, the
7420	commission may issue special activity licenses for the use of
7421	nonconforming gear or equipment, including, but not limited to,
7422	trawls, seines and entangling nets, traps, and hook and line
7423	gear, to be used in harvesting saltwater species for scientific
7424	and governmental purposes, and, where allowable, for innovative
7425	fisheries. The commission may prescribe by rule application
7426	requirements and terms, conditions, and restrictions to be
7427	incorporated into each special activity license. This subsection
7428	does not apply to gear or equipment used by certified marine
7429	aquaculturists as provided for in s. 597.004 to harvest marine
7430	aquaculture products.
7431	(b)  The Fish and Wildlife Conservation Commission is
7432	authorized to issue special activity licenses in accordance with
7433	this section and s. 379.2524 370.31, to permit the importation
7434	and possession of wild anadromous sturgeon. The commission is
7435	also authorized to issue special activity licenses, in
7436	accordance with this section and s. 379.2524 370.31, to permit
7437	the importation, possession, and aquaculture of native and
7438	nonnative anadromous sturgeon until best-management practices
7439	are implemented for the cultivation of anadromous sturgeon
7440	pursuant to s. 597.004. The special activity license shall
7441	provide for specific management practices to protect indigenous
7442	populations of saltwater species.
7443	(c)  The conditions and specific management practices
7444	established in this section shall be incorporated into permits
7445	and authorizations issued pursuant to chapter 253, chapter 373,
7446	chapter 403, or this chapter, when incorporating such provisions
7447	is in accordance with the aquaculture permit consolidation
7448	procedures. No separate issuance of a special activity license
7449	is required when conditions and specific management practices
7450	are incorporated into permits or authorizations under this
7451	paragraph. Implementation of this section to consolidate
7452	permitting actions does not constitute rules within the meaning
7453	of s. 120.52.
7454	(d)  The commission is authorized to issue special activity
7455	licenses in accordance with s. 379.2411 370.101 and this
7456	section; aquaculture permit consolidation procedures in s.
7457	379.2523(2) 370.26(2); and rules of the commission to permit the
7458	capture and possession of saltwater species protected by law and
7459	used as stock for artificial cultivation and propagation.
7460	(e)  The commission is authorized to adopt rules to govern
7461	the administration of special activities licenses as provided in
7462	this chapter and rules of the commission. Such rules may
7463	prescribe application requirements and terms, conditions, and
7464	restrictions for any such special activity license requested
7465	pursuant to this section.
7466	(5)  APALACHICOLA BAY OYSTER HARVESTING LICENSE.--
7467	(a)  For purposes of this section, the following
7468	definitions shall apply:
7469	1.  "Person" means an individual.
7470	2.  "Resident" means any person who has:
7471	a.  Continuously resided in this state for 6 months
7472	immediately preceding the making of his or her application for
7473	an Apalachicola Bay oyster harvesting license; or
7474	b.  Established a domicile in this state and evidenced that
7475	domicile as provided in s. 222.17.
7476	(b)  No person shall harvest oysters from the Apalachicola
7477	Bay without a valid Apalachicola Bay oyster harvesting license
7478	issued by the Department of Agriculture and Consumer Services.
7479	This requirement shall not apply to anyone harvesting
7480	noncommercial quantities of oysters in accordance with
7481	commission rules chapter 46-27, Florida Administrative Code, or
7482	to any person less than 18 years old.
7483	(c)  Any person wishing to obtain an Apalachicola Bay
7484	oyster harvesting license shall submit an annual fee for the
7485	license during a 45-day period from May 17 to June 30 of each
7486	year preceding the license year for which the license is valid.
7487	Failure to pay the annual fee within the required time period
7488	shall result in a $500 late fee being imposed before issuance of
7489	the license.
7490	(d)  The Department of Agriculture and Consumer Services
7491	shall collect an annual fee of $100 from residents and $500 from
7492	nonresidents for the issuance of an Apalachicola Bay oyster
7493	harvesting license. The license year shall begin on July 1 of
7494	each year and end on June 30 of the following year. The license
7495	shall be valid only for the licensee. Only bona fide residents
7496	of Florida may obtain a resident license pursuant to this
7497	subsection.
7498	(e)  Each person who applies for an Apalachicola Bay oyster
7499	harvesting license shall, before receiving the license for the
7500	first time, attend an educational seminar of not more than 16
7501	hours length, developed and conducted jointly by the Department
7502	of Environmental Protection's Apalachicola National Estuarine
7503	Research Reserve, the Division of Law Enforcement of the Fish
7504	and Wildlife Conservation Commission, and the Department of
7505	Agriculture and Consumer Services' Apalachicola District
7506	Shellfish Environmental Assessment Laboratory. The seminar shall
7507	address, among other things, oyster biology, conservation of the
7508	Apalachicola Bay, sanitary care of oysters, small business
7509	management, and water safety. The seminar shall be offered five
7510	times per year, and each person attending shall receive a
7511	certificate of participation to present when obtaining an
7512	Apalachicola Bay oyster harvesting license. The educational
7513	seminar is not required for renewal of an Apalachicola Bay
7514	oyster harvesting license.
7515	(f)  Each person, while harvesting oysters in Apalachicola
7516	Bay, shall have in possession a valid Apalachicola Bay oyster
7517	harvesting license, or proof of having applied for a license
7518	within the required time period, and shall produce such license
7519	or proof of application upon request of any law enforcement
7520	officer.
7521	(g)  Each person who obtains an Apalachicola Bay oyster
7522	harvesting license shall prominently display the license number
7523	upon any vessel the person owns which is used for the taking of
7524	oysters, in numbers which are at least 10 inches high and 1 inch
7525	wide, so that the permit number is readily identifiable from the
7526	air and water. Only one vessel displaying a given number may be
7527	used at any time. A licensee may harvest oysters from the vessel
7528	of another licensee.
7529	(h)  Any person holding an Apalachicola Bay oyster
7530	harvesting license shall receive credit for the license fee
7531	against the saltwater products license fee.
7532	(i)  The proceeds from Apalachicola Bay oyster harvesting
7533	license fees shall be deposited in the General Inspection Trust
7534	Fund and, less reasonable administrative costs, shall be used or
7535	distributed by the Department of Agriculture and Consumer
7536	Services for the following purposes in Apalachicola Bay:
7537	1.  Relaying and transplanting live oysters.
7538	2.  Shell planting to construct or rehabilitate oyster
7539	bars.
7540	3.  Education programs for licensed oyster harvesters on
7541	oyster biology, aquaculture, boating and water safety,
7542	sanitation, resource conservation, small business management,
7543	marketing, and other relevant subjects.
7544	4.  Research directed toward the enhancement of oyster
7545	production in the bay and the water management needs of the bay.
7546	(j)  Any person who violates any of the provisions of
7547	paragraphs (b) and (d)-(g) commits a misdemeanor of the second
7548	degree, punishable as provided in ss. 775.082 and 775.083.
7549	Nothing in this subsection shall limit the application of
7550	existing penalties.
7551	(k)  Any oyster harvesting license issued pursuant to this
7552	subsection must be in compliance with the rules of the Fish and
7553	Wildlife Conservation Commission regulating gear or equipment,
7554	harvest seasons, size and bag limits, and the taking of
7555	saltwater species.
7556	(6)  LICENSE YEAR.--The license year on all licenses
7557	relating to saltwater products dealers, seafood dealers, aliens,
7558	residents, and nonresidents, unless otherwise provided, shall
7559	begin on July 1 of each year and end on June 30 of the next
7560	succeeding year. All licenses shall be so dated. However, if the
7561	commission determines that it is in the best interest of the
7562	state to issue a license required under this chapter to an
7563	individual on the birthday of the applicant, the commission may
7564	establish by rule a procedure to do so. This section does not
7565	apply to licenses and permits when their use is confined to an
7566	open season.
7567	(7)  LICENSES SUBJECT TO INSPECTION; NONTRANSFERABLE;
7568	EXCEPTION.--Licenses of every kind and nature granted under the
7569	provisions of the fish and game laws of this state are at all
7570	times subject to inspection by the police officers of this state
7571	and the officers of the Fish and Wildlife Conservation
7572	Commission. Such licenses are not transferable unless otherwise
7573	provided by law.
7574	(8)  COLLECTION OF LICENSES, FEES.--Unless otherwise
7575	provided by law, all license taxes or fees provided for in this
7576	part chapter shall be collected by the commission or its duly
7577	authorized agents or deputies to be deposited by the Chief
7578	Financial Officer in the Marine Resources Conservation Trust
7579	Fund. The commission may by rule establish a reasonable
7580	processing fee for any free license or permit required under
7581	this part chapter. The commission is authorized to accept
7582	payment by credit card for fees, fines, and civil penalties
7583	levied pursuant to this part chapter.
7584	(9)  DENIAL OF LICENSE RENEWAL OR ISSUANCE.--The commission
7585	shall deny the renewal or issuance of any saltwater products
7586	license, wholesale dealer license, or retail dealer license to
7587	anyone that has unpaid fees, civil assessments, or fines owed to
7588	the commission.
7589	Section 147.  Section 370.07, Florida Statutes, is
7590	renumbered as section 379.362, Florida Statutes, and amended to
7591	read:
7592	379.362 370.07  Wholesale and retail saltwater products
7593	dealers; regulation.--
7594	(1)  DEFINITIONS; LICENSES AUTHORIZED.--Annual license or
7595	privilege taxes are hereby levied and imposed upon dealers in
7596	the state in saltwater products. It is unlawful for any person,
7597	firm, or corporation to deal in any such products without first
7598	paying for and procuring the license required by this section.
7599	Application for all licenses shall be made to the Fish and
7600	Wildlife Conservation Commission on blanks to be furnished by
7601	it. All licenses shall be issued by the commission upon payment
7602	to it of the license tax. The licenses are defined as:
7603	(a)1.  "Wholesale county dealer" is any person, firm, or
7604	corporation which sells saltwater products to any person, firm,
7605	or corporation except to the consumer and who may buy saltwater
7606	products in the county designated on the wholesale license from
7607	any person licensed pursuant to s. 379.361(2) 370.06(2) or from
7608	any licensed wholesale dealer.
7609	2.  "Wholesale state dealer" is a person, firm, or
7610	corporation which sells saltwater products to any person, firm,
7611	or corporation except to the consumer and who may buy saltwater
7612	products in any county of the state from any person licensed
7613	pursuant to s. 379.361(2) 370.06(2) or from any licensed
7614	wholesale dealer.
7615	3.  "Wholesale dealer" is either a county or a state
7616	dealer.
7617	(b)  A "retail dealer" is any person, firm, or corporation
7618	which sells saltwater products directly to the consumer, but no
7619	license is required of a dealer in merchandise who deals in or
7620	sells saltwater products consumed on the premises or prepared
7621	for immediate consumption and sold to be taken out of any
7622	restaurant licensed by the Division of Hotels and Restaurants of
7623	the Department of Business and Professional Regulation.
7624
7625	Any person, firm, or corporation which is both a wholesale
7626	dealer and a retail dealer shall obtain both a wholesale
7627	dealer's license and a retail dealer's license. If a wholesale
7628	dealer has more than one place of business, the annual license
7629	tax shall be effective for all places of business, provided that
7630	the wholesale dealer supplies to the commission a complete list
7631	of additional places of business upon application for the annual
7632	license tax.
7633	(2)  LICENSES; AMOUNT, TRUST FUND.--
7634	(a)  A resident wholesale county seafood dealer is required
7635	to pay an annual license tax of $300.
7636	(b)  A resident wholesale state dealer is required to pay
7637	an annual license tax of $450.
7638	(c)  A nonresident wholesale county dealer is required to
7639	pay an annual license tax of $500.
7640	(d)  A nonresident wholesale state dealer is required to
7641	pay an annual license tax of $1,000.
7642	(e)  An alien wholesale county dealer is required to pay an
7643	annual license tax of $1,000.
7644	(f)  An alien wholesale state dealer is required to pay an
7645	annual license tax of $1,500.
7646	(g)  A resident retail dealer is required to pay an annual
7647	license tax of $25; however, if such a dealer has more than one
7648	place of business, the dealer shall designate one place of
7649	business as a central place of business, shall pay an annual
7650	license tax of $25 for such place of business, and shall pay an
7651	annual license tax of $10 for each other place of business.
7652	(h)  A nonresident retail dealer is required to pay an
7653	annual license tax of $200; however, if such a dealer has more
7654	than one place of business, the dealer shall designate one place
7655	of business as a central place of business, shall pay an annual
7656	license tax of $200 for such place of business, and shall pay an
7657	annual license tax of $25 for each other place of business.
7658	(i)  An alien retail dealer is required to pay an annual
7659	license tax of $250; however, if such a dealer has more than one
7660	place of business, the dealer shall designate one place of
7661	business as a central place of business, shall pay an annual
7662	license tax of $250 for such place of business, and shall pay an
7663	annual license tax of $50 for each other place of business.
7664	(j)  License or privilege taxes, together with any other
7665	funds derived from the Federal Government or from any other
7666	source, shall be deposited in a Florida Saltwater Products
7667	Promotion Trust Fund to be administered by the Department of
7668	Agriculture and Consumer Services for the sole purpose of
7669	promoting all fish and saltwater products produced in this
7670	state, except that 4 percent of the total wholesale and retail
7671	saltwater products dealer's license fees collected shall be
7672	deposited into the Marine Resources Conservation Trust Fund
7673	administered by the Fish and Wildlife Conservation Commission
7674	for the purpose of processing wholesale and retail saltwater
7675	products dealer's licenses.
7676	(3)  OYSTER MANAGEMENT AND RESTORATION PROGRAMS.--The
7677	Department of Agriculture and Consumer Services shall use or
7678	distribute funds paid into the State Treasury to the credit of
7679	the General Inspection Trust Fund pursuant to s. 201.15(11),
7680	less reasonable costs of administration, to fund the following
7681	oyster management and restoration programs in Apalachicola Bay
7682	and other oyster harvest areas in the state:
7683	(a)  The relaying and transplanting of live oysters.
7684	(b)  Shell planting to construct or rehabilitate oyster
7685	bars.
7686	(c)  Education programs for licensed oyster harvesters on
7687	oyster biology, aquaculture, boating and water safety,
7688	sanitation, resource conservation, small business management,
7689	and other relevant subjects.
7690	(d)  Research directed toward the enhancement of oyster
7691	production in the bay and the water management needs of the bay.
7692	(4)  TRANSPORTATION OF SALTWATER PRODUCTS.--
7693	(a)  A person transporting in this state saltwater products
7694	that were produced in this state, regardless of destination,
7695	shall have in his or her possession invoices, bills of lading,
7696	or other similar instruments showing the number of packages,
7697	boxes, or containers and the number of pounds of each species
7698	and the name, physical address, and the Florida wholesale dealer
7699	number of the dealer of origin.
7700	(b)  A person transporting in this state saltwater products
7701	that were produced outside this state to be delivered to a
7702	destination in this state shall have in his or her possession
7703	invoices, bills of lading, or other similar instruments showing
7704	the number of packages, boxes, or containers and the number of
7705	pounds of each species, the name and physical address of the
7706	dealer of origin, and the name, physical address, and Florida
7707	wholesale dealer number of the Florida dealer to whom the
7708	shipment is to be delivered.
7709	(c)  A person transporting in this state saltwater products
7710	that were produced outside this state which are to be delivered
7711	to a destination outside this state shall have in his or her
7712	possession invoices, bills of lading, or other similar
7713	instruments showing the number of packages, boxes, or containers
7714	and the number of pounds of each species, the name and physical
7715	address of the dealer of origin, and the name and physical
7716	address of the dealer to whom the shipment is to be delivered.
7717	(d)  If the saltwater products in transit come from more
7718	than one dealer, distributor, or producer, each lot from each
7719	dealer shall be covered by invoices, bills of lading, and other
7720	similar instruments showing the number of boxes or containers
7721	and the number of pounds of each species. Each invoice, bill of
7722	lading, and other similar instrument shall display the wholesale
7723	dealer license number and the name and physical address of the
7724	dealer, distributor, or producer of the lot covered by the
7725	instrument.
7726	(e)  It is unlawful to sell, deliver, ship, or transport,
7727	or to possess for the purpose of selling, delivering, shipping,
7728	or transporting, any saltwater products without all invoices
7729	concerning the products having thereon the wholesale dealer
7730	license number in the form prescribed under this subsection and
7731	the rules of the commission. Any saltwater products found in the
7732	possession of any person who is in violation of this paragraph
7733	may be seized by the commission and disposed of in the manner
7734	provided by law.
7735	(f)  Nothing contained in this subsection may be construed
7736	to apply to the sale and delivery to a consumer of saltwater
7737	products in an ordinary retail transaction by a licensed retail
7738	dealer who has purchased such products from a licensed wholesale
7739	dealer, or to the sale and delivery of the catch or products of
7740	a saltwater products licensee to a Florida-licensed wholesale
7741	dealer.
7742	(g)  Wholesale dealers' licenses shall be issued only to
7743	applicants who furnish to the commission satisfactory evidence
7744	of law-abiding reputation and who pledge themselves to
7745	faithfully observe all of the laws, rules, and regulations of
7746	this state relating to the conservation of, dealing in, or
7747	taking, selling, transporting, or possession of saltwater
7748	products, and to cooperate in the enforcement of all such laws
7749	to every reasonable extent. This pledge may be included in the
7750	application for license.
7751	(h)  A wholesale dealer, retail dealer, or restaurant
7752	facility shall not purchase or sell for public consumption any
7753	saltwater products known to be taken illegally, or known to be
7754	taken in violation of s. 16, Art. X of the State Constitution,
7755	or any rule or statute implementing its provisions.
7756	(i)  Any person who violates the provisions of this
7757	subsection commits a misdemeanor of the first degree, punishable
7758	as provided in s. 775.082 or s. 775.083.
7759	(5)  LICENSE DENIAL, SUSPENSION, OR REVOCATION.--
7760	(a)  A license issued to a wholesale or retail dealer is
7761	good only to the person to whom issued and named therein and is
7762	not transferable. The commission may revoke, suspend, or deny
7763	the renewal of the license of any licensee:
7764	1.  Upon the conviction of the licensee of any violation of
7765	the laws or regulations designed for the conservation of
7766	saltwater products;
7767	2.  Upon conviction of the licensee of knowingly dealing
7768	in, buying, selling, transporting, possessing, or taking any
7769	saltwater product, at any time and from any waters, in violation
7770	of the laws of this state; or
7771	3.  Upon satisfactory evidence of any violation of the laws
7772	or any regulations of this state designed for the conservation
7773	of saltwater products or of any of the laws of this state
7774	relating to dealing in, buying, selling, transporting,
7775	possession, or taking of saltwater products.
7776	(b)  Upon revocation of such license, no other or further
7777	license may be issued to the dealer within 3 years from the date
7778	of revocation except upon special order of the commission. After
7779	revocation, it is unlawful for such dealer to exercise any of
7780	the privileges of a licensed wholesale or retail dealer.
7781	(c)  In addition to, or in lieu of, the penalty imposed
7782	pursuant to this subsection, the commission may impose penalties
7783	pursuant to s. 379.407 370.021.
7784	(6)  RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--
7785	(a)  Wholesale dealers shall be required by the commission
7786	to make and preserve a record of the names and addresses of
7787	persons from whom or to whom saltwater products are purchased or
7788	sold, the quantity so purchased or sold from or to each vendor
7789	or purchaser, and the date of each such transaction. Retail
7790	dealers shall be required to make and preserve a record from
7791	whom all saltwater products are purchased. Such record shall be
7792	open to inspection at all times by the commission. A report
7793	covering the sale of saltwater products shall be made monthly or
7794	as often as required by rule to the commission by each wholesale
7795	dealer. All reports required under this subsection are
7796	confidential and shall be exempt from the provisions of s.
7797	119.07(1) except that, pursuant to authority related to
7798	interstate fishery compacts as provided by ss. 379.2253(3) and
7799	379.2254(3) 370.19(3) and 370.20(3), reports may be shared with
7800	another state if that state is a member of an interstate
7801	fisheries compact, and if that state has signed a Memorandum of
7802	Agreement or a similar instrument agreeing to preserve
7803	confidentiality as established by Florida law.
7804	(b)  The commission may revoke, suspend, or deny the
7805	renewal of the license of any dealer for failure to make and
7806	keep required records, for failure to make required reports, for
7807	failure or refusal to permit the examination of required
7808	records, or for falsifying any such record. In addition to, or
7809	in lieu of, the penalties imposed pursuant to this paragraph and
7810	s. 370.021, the commission may impose against any person, firm,
7811	or corporation who is determined to have violated any provision
7812	of this paragraph or any provisions of any commission rules
7813	adopted pursuant to s. 370.0607, the following additional
7814	penalties:
7815	1.  For the first violation, a civil penalty of up to
7816	$1,000;
7817	2.  For a second violation committed within 24 months of
7818	any previous violation, a civil penalty of up to $2,500; and
7819	3.  For a third or subsequent violation committed within 36
7820	months of any previous two violations, a civil penalty of up to
7821	$5,000.
7822
7823	The proceeds of all civil penalties collected pursuant to this
7824	subsection shall be deposited into the Marine Resources
7825	Conservation Trust Fund and shall be used for administration,
7826	auditing, and law enforcement purposes.
7827	(7)  PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY
7828	LOCATION.--Wholesale dealers purchasing saltwater products
7829	pursuant to s. 379.361(2) 370.06(2) at any site other than a
7830	site located in a county where the dealer has a permanent
7831	address must notify the Fish and Wildlife Conservation
7832	Commission of the location of the temporary site of business for
7833	each day business is to be conducted at such site.
7834	(8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is
7835	unlawful for any licensed retail dealer or any restaurant
7836	licensed by the Division of Hotels and Restaurants of the
7837	Department of Business and Professional Regulation to buy
7838	saltwater products from any person other than a licensed
7839	wholesale or retail dealer. For purposes of this subsection, any
7840	saltwater products received by a retail dealer or a restaurant
7841	are presumed to have been purchased.
7842	Section 148.  Section 372.65, Florida Statutes, is
7843	renumbered as section 379.363, Florida Statutes, and amended to
7844	read:
7845	379.363 372.65  Freshwater fish dealer's license.--
7846	(1)  No person shall engage in the business of taking for
7847	sale or selling any frogs or freshwater fish, including live
7848	bait, of any species or size, or importing any exotic or
7849	nonindigenous fish, until such person has obtained a license and
7850	paid the fee therefor as set forth herein. The license issued
7851	shall be in the possession of the person to whom issued while
7852	such person is engaging in the business of taking for sale or
7853	selling freshwater fish or frogs, is not transferable, shall
7854	bear on its face in indelible ink the name of the person to whom
7855	it is issued, and shall be affixed to a license identification
7856	card issued by the commission. Such license is not valid unless
7857	it bears the name of the person to whom it is issued and is so
7858	affixed. The failure of such person to exhibit such license to
7859	the commission or any of its wildlife officers when such person
7860	is found engaging in such business is a violation of law. The
7861	license fees and activities permitted under particular licenses
7862	are as follows:
7863	(a)  The fee for a resident commercial fishing license,
7864	which permits a resident to take freshwater fish or frogs by any
7865	lawful method prescribed by the commission and to sell such fish
7866	or frogs, shall be $25. The license provided for in this
7867	paragraph shall also allow noncommercial fishing as provided by
7868	law and commission rules, and the license in s. 379.354(4)(a)
7869	372.57(4)(a) shall not be required.
7870	(b)  The fee for a resident freshwater fish dealer's
7871	license, which permits a resident to import, export, or sell
7872	freshwater fish or frogs, including live bait, shall be $40.
7873	(c)  The fee for a nonresident commercial fishing license,
7874	which permits a nonresident to take freshwater fish or frogs as
7875	provided in paragraph (a), shall be $100.
7876	(d)  The fee for a nonresident retail fish dealer's
7877	license, which permits a nonresident to sell freshwater fish or
7878	frogs to a consumer, shall be $100.
7879	(e)  The fee for a nonresident wholesale fish dealer's
7880	license, which permits a nonresident to sell freshwater fish or
7881	frogs within the state, and to buy freshwater fish or frogs for
7882	resale, shall be $500.
7883	(f)  The fee for a nonresident wholesale fish buyer's
7884	license, which permits a nonresident who does not sell
7885	freshwater fish or frogs in Florida to buy freshwater fish or
7886	frogs from resident fish dealers for resale outside the state,
7887	shall be $50.
7888	(g)  Any individual or business issued an aquaculture
7889	certificate, pursuant to s. 597.004, shall be exempt from the
7890	requirements of this part chapter with respect to aquaculture
7891	products authorized under such certificate.
7892	(h)  There is levied, in addition to any other license fee
7893	thereon, an annual gear license fee of $50 upon each person
7894	fishing with trawl seines used in the fresh waters of the state.
7895	(i)  There is levied, in addition to any other license fee
7896	thereon, an annual gear license fee of $100 upon each person
7897	fishing with haul seines used in the fresh waters of the state.
7898	(2)  Each boat engaged in commercial fishing shall have at
7899	least one licensed commercial fisher on board.
7900	(3)  It shall be unlawful for any resident freshwater fish
7901	dealer, or any nonresident wholesale or nonresident retail fish
7902	dealer, or any nonresident wholesale fish buyer to buy
7903	freshwater fish or frogs from any unlicensed person.
7904	Section 149.  Section 372.651, Florida Statutes, is
7905	renumbered as section 379.3635, Florida Statutes, and amended to
7906	read:
7907	379.3635 372.651  Haul seine and trawl permits; Lake
7908	Okeechobee freshwater lakes in excess of 500 square miles;
7909	fees.--
7910	(1)  The Fish and Wildlife Conservation Commission is
7911	authorized to issue permits for each haul seine or trawl used in
7912	Lake Okeechobee freshwater lakes in the state having an area in
7913	excess of 500 square miles.
7914	(2)  The commission may charge an annual fee for the
7915	issuance of such permits which shall not exceed:
7916	(a)  For a resident trawl permit, $50.
7917	(b)  For a resident haul seine permit, $100.
7918	(c)  For a nonresident or alien trawl or haul seine permit,
7919	$500.
7920	Section 150.  Section 372.66, Florida Statutes, is
7921	renumbered as section 379.364, Florida Statutes, to read:
7922	379.364 372.66  License required for fur and hide
7923	dealers.--
7924	(1)  It is unlawful for any person to engage in the
7925	business of a dealer or buyer in alligator skins or green or
7926	dried furs in the state or purchase such skins within the state
7927	until such person has been licensed as herein provided.
7928	(2)  Any resident dealer or buyer who solicits business
7929	through the mails, or by advertising, or who travels to buy or
7930	employs or has other agents or buyers, shall be deemed a
7931	resident state dealer and must pay a license fee of $100 per
7932	annum.
7933	(3)  A nonresident dealer or buyer must pay a license fee
7934	of $500 per annum.
7935	(4)  All dealers and buyers shall forward to the Fish and
7936	Wildlife Conservation Commission each 2 weeks during open season
7937	a report showing number and kind of hides bought and name of
7938	trapper from whom bought and the trapper's license number, or if
7939	trapper is exempt from license under any of the provisions of
7940	this chapter, such report shall show the nature of such
7941	exemption. A common carrier may not knowingly ship or transport
7942	or receive for transportation any hides or furs unless such
7943	shipments have marked thereon name of shipper and the number of
7944	her or his fur-animal license or fur dealer's license.
7945	Section 151.  Section 370.13, Florida Statutes, is
7946	renumbered as section 379.365, Florida Statutes, and amended to
7947	read:
7948	379.365 370.13  Stone crab; regulation.--
7949	(1)  FEES AND EQUITABLE RENT.--
7950	(a)  Endorsement fee.--The fee for a stone crab endorsement
7951	for the taking of stone crabs, as required by rule of the Fish
7952	and Wildlife Conservation Commission, is $125, $25 of which must
7953	be used solely for trap retrieval under s. 379.2424 370.143.
7954	(b)  Certificate fees.--
7955	1.  For each trap certificate issued by the commission
7956	under the requirements of the stone crab trap limitation program
7957	established by commission rule, there is an annual fee of 50
7958	cents per certificate. Replacement tags for lost or damaged tags
7959	cost 50 cents each plus the cost of shipping. In the event of a
7960	major natural disaster, such as a hurricane or major storm, that
7961	causes massive trap losses within an area declared by the
7962	Governor to be a disaster emergency area, the commission may
7963	temporarily defer or waive replacement tag fees.
7964	2.  The fee for transferring trap certificates is $1 per
7965	certificate transferred, except that the fee for eligible crew
7966	members is 50 cents per certificate transferred. Eligible crew
7967	members shall be determined according to criteria established by
7968	rule of the commission. Payment must be made by money order or
7969	cashier's check, submitted with the certificate transfer form
7970	developed by the commission.
7971	3.  In addition to the transfer fee, a surcharge of $1 per
7972	certificate transferred, or 25 percent of the actual value of
7973	the transferred certificate, whichever is greater, will be
7974	assessed the first time a certificate is transferred outside the
7975	original holder's immediate family.
7976	4.  Transfer fees and surcharges only apply to the actual
7977	number of certificates received by the purchaser. A transfer of
7978	a certificate is not effective until the commission receives a
7979	notarized copy of the bill of sale as proof of the actual value
7980	of the transferred certificate or certificates, which must also
7981	be submitted with the transfer form and payment.
7982	5.  A transfer fee will not be assessed or required when
7983	the transfer is within a family as a result of the death or
7984	disability of the certificate owner. A surcharge will not be
7985	assessed for any transfer within an individual's immediate
7986	family.
7987	(c)  Incidental take endorsement.--The cost of an
7988	incidental take endorsement, as established by commission rule,
7989	is $25.
7990	(d)  Equitable rent.--The commission may establish by rule
7991	an amount of equitable rent per trap certificate that may be
7992	recovered as partial compensation to the state for the enhanced
7993	access to its natural resources. In determining whether to
7994	establish such a rent and the amount thereof, the commission may
7995	consider the amount of revenues annually generated by
7996	endorsement fees, trap certificate fees, transfer fees,
7997	surcharges, replacement trap tag fees, trap retrieval fees,
7998	incidental take endorsement fees, and the continued economic
7999	viability of the commercial stone crab industry. A rule
8000	establishing an amount of equitable rent shall become effective
8001	only after approval by the Legislature.
8002	(e)  Disposition of fees, surcharges, civil penalties and
8003	fines, and equitable rent.--Endorsement fees, trap certificate
8004	fees, transfer fees, civil penalties and fines, surcharges,
8005	replacement trap tag fees, trap retrieval fees, incidental take
8006	endorsement fees, and equitable rent, if any, must be deposited
8007	in the Marine Resources Conservation Trust Fund. Up to 50
8008	percent of the revenues generated under this section may be used
8009	for operation and administration of the stone crab trap
8010	limitation program. All remaining revenues so generated must be
8011	used for trap retrieval, management of the stone crab fishery,
8012	public education activities, evaluation of the impact of trap
8013	reductions on the stone crab fishery, and enforcement activities
8014	in support of the stone crab trap limitation program.
8015	(f)  Program to be self-supporting.--The stone crab trap
8016	limitation program is intended to be a self-supporting program
8017	funded from proceeds generated under this section.
8018	(g)  No vested rights.--The stone crab trap limitation
8019	program does not create any vested rights for endorsement or
8020	certificateholders and may be altered or terminated by the
8021	commission as necessary to protect the stone crab resource, the
8022	participants in the fishery, or the public interest.
8023	(2)  PENALTIES.--For purposes of this subsection,
8024	conviction is any disposition other than acquittal or dismissal,
8025	regardless of whether the violation was adjudicated under any
8026	state or federal law.
8027	(a)  It is unlawful to violate commission rules regulating
8028	stone crab trap certificates and trap tags. No person may use an
8029	expired tag or a stone crab trap tag not issued by the
8030	commission or possess or use a stone crab trap in or on state
8031	waters or adjacent federal waters without having a trap tag
8032	required by the commission firmly attached thereto.
8033	1.  In addition to any other penalties provided in s.
8034	379.407 370.021, for any commercial harvester who violates this
8035	paragraph, the following administrative penalties apply.
8036	a.  For a first violation, the commission shall assess an
8037	administrative penalty of up to $1,000.
8038	b.  For a second violation that occurs within 24 months of
8039	any previous such violation, the commission shall assess an
8040	administrative penalty of up to $2,000 and the stone crab
8041	endorsement under which the violation was committed may be
8042	suspended for 12 calendar months.
8043	c.  For a third violation that occurs within 36 months of
8044	any previous two such violations, the commission shall assess an
8045	administrative penalty of up to $5,000 and the stone crab
8046	endorsement under which the violation was committed may be
8047	suspended for 24 calendar months.
8048	d.  A fourth violation that occurs within 48 months of any
8049	three previous such violations, shall result in permanent
8050	revocation of all of the violator's saltwater fishing
8051	privileges, including having the commission proceed against the
8052	endorsement holder's saltwater products license in accordance
8053	with s. 379.407 370.021.
8054	2.  Any other person who violates the provisions of this
8055	paragraph commits a Level Two violation under s. 379.401 372.83.
8056
8057	Any commercial harvester assessed an administrative penalty
8058	under this paragraph shall, within 30 calendar days after
8059	notification, pay the administrative penalty to the commission,
8060	or request an administrative hearing under ss. 120.569 and
8061	120.57. The proceeds of all administrative penalties collected
8062	under this paragraph shall be deposited in the Marine Resources
8063	Conservation Trust Fund.
8064	(b)  It is unlawful for any commercial harvester to remove
8065	the contents of another harvester's stone crab trap or take
8066	possession of such without the express written consent of the
8067	trap owner available for immediate inspection. Unauthorized
8068	possession of another's trap gear or removal of trap contents
8069	constitutes theft.
8070	1.  Any commercial harvester convicted of theft of or from
8071	a trap pursuant to this subsection or s. 379.402 370.1107 shall,
8072	in addition to the penalties specified in s. 379.407 370.021 and
8073	the provisions of this section, permanently lose all saltwater
8074	fishing privileges, including saltwater products licenses, stone
8075	crab or incidental take endorsements, and all trap certificates
8076	allotted to such commercial harvester by the commission. In such
8077	cases, trap certificates and endorsements are nontransferable.
8078	2.  In addition, any commercial harvester convicted of
8079	violating the prohibitions referenced in this paragraph shall
8080	also be assessed an administrative penalty of up to $5,000.
8081	Immediately upon receiving a citation for a violation involving
8082	theft of or from a trap and until adjudicated for such a
8083	violation, or, upon receipt of a judicial disposition other than
8084	dismissal or acquittal on such a violation, the violator is
8085	prohibited from transferring any stone crab or spiny lobster
8086	certificates.
8087	3.  Any other person who violates the provisions of this
8088	paragraph commits a Level Two violation under s. 379.401 372.83.
8089	(c)1.  It is unlawful to violate commission rules that
8090	prohibit any of the following:
8091	a.  The willful molestation of any stone crab trap, line,
8092	or buoy that is the property of any licenseholder, without the
8093	permission of that licenseholder.
8094	b.  The bartering, trading, or sale, or conspiring or
8095	aiding in such barter, trade, or sale, or supplying, agreeing to
8096	supply, aiding in supplying, or giving away stone crab trap tags
8097	or certificates unless the action is duly authorized by the
8098	commission as provided by commission rules.
8099	c.  The making, altering, forging, counterfeiting, or
8100	reproducing of stone crab trap tags.
8101	d.  Possession of forged, counterfeit, or imitation stone
8102	crab trap tags.
8103	e.  Engaging in the commercial harvest of stone crabs
8104	during the time either of the endorsements is under suspension
8105	or revocation.
8106	2.  Any commercial harvester who violates this paragraph
8107	commits a felony of the third degree, punishable as provided in
8108	s. 775.082, s. 775.083, or s. 775.084.
8109	3.  Any other person who violates this paragraph commits a
8110	Level Four violation under s. 379.401 372.83.
8111
8112	In addition, any commercial harvester convicted of violating
8113	this paragraph shall also be assessed an administrative penalty
8114	of up to $5,000, and the incidental take endorsement and/or the
8115	stone crab endorsement under which the violation was committed
8116	may be suspended for up to 24 calendar months. Immediately upon
8117	receiving a citation involving a violation of this paragraph and
8118	until adjudicated for such a violation, or if convicted of such
8119	a violation, the person, firm, or corporation committing the
8120	violation is prohibited from transferring any stone crab
8121	certificates or endorsements.
8122	(d)  For any commercial harvester convicted of fraudulently
8123	reporting the actual value of transferred stone crab
8124	certificates, the commission may automatically suspend or
8125	permanently revoke the seller's or the purchaser's stone crab
8126	endorsements. If the endorsement is permanently revoked, the
8127	commission shall also permanently deactivate the endorsement
8128	holder's stone crab certificate accounts. Whether an endorsement
8129	is suspended or revoked, the commission may also levy a fine
8130	against the holder of the endorsement of up to twice the
8131	appropriate surcharge to be paid based on the fair market value
8132	of the transferred certificates.
8133	(e)  During any period of suspension or revocation of an
8134	endorsement holder's endorsement, he or she shall remove all
8135	traps subject to that endorsement from the water within 15 days
8136	after notice provided by the commission. Failure to do so will
8137	extend the period of suspension or revocation for an additional
8138	6 calendar months.
8139	(f)  An endorsement will not be renewed until all fees and
8140	administrative penalties imposed under this section are paid.
8141	(3)  DEPREDATION PERMITS.--The Fish and Wildlife
8142	Conservation Commission shall issue a depredation permit upon
8143	request to any marine aquaculture producer, as defined in s.
8144	379.2523 370.26, engaged in the culture of shellfish, which
8145	shall entitle the aquaculture producer to possess and use up to
8146	75 stone crab traps and up to 75 blue crab traps for the sole
8147	purpose of taking destructive or nuisance stone crabs or blue
8148	crabs within 1 mile of the producer's aquaculture shellfish
8149	beds. Stone crabs or blue crabs taken under this subsection may
8150	not be sold, bartered, exchanged, or offered for sale, barter,
8151	or exchange.
8152	(4)  For the 2006-2007 fiscal year only, the trap tag fees
8153	required by this section shall be waived by the commission. This
8154	subsection expires July 1, 2007.
8155	Section 152.  Section 370.135, Florida Statutes, is
8156	renumbered as section 379.366, Florida Statutes, and amended to
8157	read:
8158	379.366 370.135  Blue crab; regulation.--
8159	(1)  No commercial harvester shall transport on the water,
8160	fish with or cause to be fished with, set, or place any trap
8161	designed for taking blue crabs unless such commercial harvester
8162	holds a valid saltwater products license and restricted species
8163	endorsement issued under s. 379.361 370.06 and a blue crab
8164	endorsement issued under this section. Each trap shall have the
8165	harvester's blue crab endorsement number permanently affixed to
8166	it. Each buoy attached to such a trap shall also have the
8167	harvester's blue crab endorsement number permanently attached to
8168	the buoy. The blue crab endorsement number shall be affixed in
8169	legible figures at least 2 inches high on each buoy used. The
8170	saltwater products license must be on board the boat, and both
8171	the license and the crabs shall be subject to inspection at all
8172	times. This subsection shall not apply to an individual fishing
8173	with no more than five traps.
8174	(2)  No person shall harvest blue crabs with more than five
8175	traps, harvest blue crabs in commercial quantities, or sell blue
8176	crabs unless such person holds a valid saltwater products
8177	license with a restricted species endorsement issued under s.
8178	379.361 370.06 and a blue crab endorsement issued under this
8179	section.
8180	(a)  In the event of the death or disability of a person
8181	holding an active blue crab endorsement, the endorsement may be
8182	transferred by the person to a member of his or her immediate
8183	family or may be renewed by any person so designated by the
8184	executor of the person's estate.
8185	(b)  A commercial harvester who holds a saltwater products
8186	license and a blue crab endorsement that is issued to the
8187	commercial harvester's vessel registration number and who
8188	replaces an existing vessel with a new vessel may transfer the
8189	existing blue crab endorsement to the saltwater products license
8190	of the new vessel.
8191	(3)(a)  Endorsement fees.--
8192	1.  The fee for a hard-shell blue crab endorsement for the
8193	taking of hard-shell blue crabs, as authorized by rule of the
8194	commission, is $125, $25 of which must be used solely for the
8195	trap retrieval program authorized under s. 379.2424 370.143 and
8196	in commission rules.
8197	2.  The fee for a soft-shell blue crab endorsement for the
8198	taking of soft-shell blue crabs, as authorized by rule of the
8199	commission, is $250, $25 of which must be used solely for the
8200	trap retrieval program authorized under s. 379.2424 370.143 and
8201	in commission rules.
8202	3.  The fee for a nontransferable hard-shell blue crab
8203	endorsement for the taking of hard-shell blue crabs, as
8204	authorized by rule of the commission, is $125, $25 of which must
8205	be used solely for the trap retrieval program authorized under
8206	s. 379.2424 370.143 and in commission rules.
8207	4.  The fee for an incidental take blue crab endorsement
8208	for the taking of blue crabs as bycatch in shrimp trawls and
8209	stone crab traps is $25, as authorized in commission rules.
8210	(b)  Trap tag fees.--The annual fee for each trap tag
8211	issued by the commission under the requirements of the blue crab
8212	effort management program established by rule of the commission
8213	is 50 cents per tag. The fee for replacement tags for lost or
8214	damaged tags is 50 cents per tag plus the cost of shipping. In
8215	the event of a major natural disaster, such as a hurricane or
8216	major storm, that causes massive trap losses within an area
8217	declared by the Governor to be a disaster emergency area, the
8218	commission may temporarily defer or waive replacement tag fees.
8219	(c)  Equitable rent.--The commission may establish by rule
8220	an amount of equitable rent that may be recovered as partial
8221	compensation to the state for the enhanced access to its natural
8222	resources. In determining whether to establish such a rent and
8223	the amount thereof, the commission may consider the amount of
8224	revenues annually generated by endorsement fees, trap tag fees,
8225	replacement trap tag fees, trap retrieval fees, and the
8226	continued economic viability of the commercial blue crab
8227	industry. A rule establishing an amount of equitable rent shall
8228	become effective only upon approval by act of the Legislature.
8229	(d)  Disposition of moneys generated from fees and
8230	administrative penalties.--Moneys generated from the sale of
8231	blue crab endorsements, trap tags, and replacement trap tags or
8232	from the assessment of administrative penalties by the
8233	commission under this section shall be deposited into the Marine
8234	Resources Conservation Trust Fund. Up to 50 percent of the
8235	moneys generated from the sale of endorsements and trap tags and
8236	the assessment of administrative penalties may be used for the
8237	operation and administration of the blue crab effort management
8238	program. The remaining moneys generated from the sale of
8239	endorsements and trap tags and the assessment of administrative
8240	penalties may be used for trap retrieval; management of the blue
8241	crab fishery; and public education activities, research, and
8242	enforcement activities in support of the blue crab effort
8243	management program.
8244	(e)  Waiver of fees.--For the 2007-2008 license year, the
8245	commission shall waive all fees under this subsection for all
8246	persons who qualify by September 30, 2007, to participate in the
8247	blue crab effort management program established by commission
8248	rule.
8249	(4)(a)  Untagged trap penalties.--By July 1, 2008, the
8250	commission shall adopt by rule the administrative penalties
8251	authorized by this subsection. In addition to any other
8252	penalties provided in s. 379.407 370.021 for any blue crab
8253	endorsement holder who violates commission rules requiring the
8254	placement of trap tags for traps used for the directed harvest
8255	of blue crabs, the following administrative penalties apply:
8256	1.  For a first violation, the commission shall assess an
8257	administrative penalty of up to $1,000.
8258	2.  For a second violation that occurs within 24 months
8259	after any previous such violation, the commission shall assess
8260	an administrative penalty of up to $2,000, and the blue crab
8261	endorsement holder's blue crab fishing privileges may be
8262	suspended for 12 calendar months.
8263	3.  For a third violation that occurs within 36 months
8264	after any two previous such violations, the commission shall
8265	assess an administrative penalty of up to $5,000, and the blue
8266	crab endorsement holder's blue crab fishing privileges may be
8267	suspended for 24 calendar months.
8268	4.  A fourth violation that occurs within 48 months after
8269	any three previous such violations shall result in permanent
8270	revocation of all of the violator's saltwater fishing
8271	privileges, including having the commission proceed against the
8272	endorsement holder's saltwater products license in accordance
8273	with s. 379.407 370.021.
8274
8275	Any blue crab endorsement holder assessed an administrative
8276	penalty under this paragraph shall, within 30 calendar days
8277	after notification, pay the administrative penalty to the
8278	commission or request an administrative hearing under ss.
8279	120.569 and 120.57.
8280	(b)  Trap theft; prohibitions and penalties.--It is
8281	unlawful for any person to remove or take possession of the
8282	contents of another harvester's blue crab trap without the
8283	express written consent of the trap owner, which must be
8284	available for immediate inspection. Unauthorized possession of
8285	another harvester's blue crab trap gear or removal of trap
8286	contents constitutes theft.
8287	1.  Any commercial harvester receiving a judicial
8288	disposition other than dismissal or acquittal on a charge of
8289	theft of or from a trap as prohibited by this paragraph shall,
8290	in addition to the penalties specified in s. 379.407 370.021 and
8291	this section, permanently lose all saltwater fishing privileges,
8292	including any saltwater products licenses, blue crab
8293	endorsements, and blue crab trap tags allotted to him or her by
8294	the commission. In such cases, endorsements are nontransferable.
8295	2.  In addition, any commercial harvester receiving a
8296	judicial disposition other than dismissal or acquittal for
8297	violating this paragraph shall also be assessed an
8298	administrative penalty of up to $5,000. Immediately upon receipt
8299	of a citation for a violation involving theft of or from a trap
8300	and until adjudicated for such a violation, or upon receipt of a
8301	judicial disposition other than dismissal or acquittal for such
8302	a violation, the commercial harvester committing the violation
8303	is prohibited from transferring any blue crab endorsements.
8304	3.  A commercial harvester who violates this paragraph
8305	shall be punished under s. 379.407 370.021. Any other person who
8306	violates this paragraph commits a Level Two violation under s.
8307	379.401 372.83.
8308	(c)  Criminal activities prohibited.--
8309	1.  It is unlawful for any commercial harvester or any
8310	other person to:
8311	a.  Willfully molest any blue crab trap, line, or buoy that
8312	is the property of any licenseholder without the permission of
8313	that licenseholder.
8314	b.  Barter, trade, lease, or sell a blue crab trap tag or
8315	conspire or aid in such barter, trade, lease, or sale unless
8316	duly authorized by commission rules.
8317	c.  Supply, agree to supply, aid in supplying, or give away
8318	a blue crab trap tag unless duly authorized by commission rules.
8319	d.  Make, alter, forge, counterfeit, or reproduce a blue
8320	crab trap tag.
8321	e.  Possess an altered, forged, counterfeit, or imitation
8322	blue crab trap tag.
8323	f.  Possess a number of original trap tags or replacement
8324	trap tags, the sum of which exceeds by 1 percent the number of
8325	traps allowed by commission rules.
8326	g.  Engage in the commercial harvest of blue crabs while
8327	the blue crab endorsements of the licenseholder are under
8328	suspension or revocation.
8329	2.  Immediately upon receiving a citation involving a
8330	violation of this paragraph and until adjudicated for such a
8331	violation, a commercial harvester is prohibited from
8332	transferring any blue crab endorsement.
8333	3.  A commercial harvester convicted of violating this
8334	paragraph commits a felony of the third degree, punishable as
8335	provided in s. 775.082, s. 775.083, or s. 775.084, shall also be
8336	assessed an administrative penalty of up to $5,000, and is
8337	immediately prohibited from transferring any blue crab
8338	endorsement. All blue crab endorsements issued to a commercial
8339	harvester convicted of violating this paragraph may be suspended
8340	for up to 24 calendar months.
8341	4.  Any other person convicted of violating this paragraph
8342	commits a Level Four violation under s. 379.401 372.83.
8343	(d)  Endorsement transfers; fraudulent reports;
8344	penalties.--For a commercial harvester convicted of fraudulently
8345	reporting the actual value of transferred blue crab
8346	endorsements, the commission may automatically suspend or
8347	permanently revoke the seller's or the purchaser's blue crab
8348	endorsements. If the endorsement is permanently revoked, the
8349	commission shall also permanently deactivate the endorsement
8350	holder's blue crab trap tag accounts.
8351	(e)  Prohibitions during endorsement suspension and
8352	revocation.--During any period of suspension or after revocation
8353	of a blue crab endorsement holder's endorsements, he or she
8354	shall, within 15 days after notice provided by the commission,
8355	remove from the water all traps subject to that endorsement.
8356	Failure to do so shall extend the period of suspension for an
8357	additional 6 calendar months.
8358	(5)  For purposes of this section, a conviction is any
8359	disposition other than acquittal or dismissal.
8360	(6)  A blue crab endorsement may not be renewed until all
8361	fees and administrative penalties imposed under this section are
8362	paid.
8363	(7)  Subsections (3), (4), (5), and (6) shall expire on
8364	July 1, 2009, unless reenacted by the Legislature during the
8365	2009 Regular Session.
8366	Section 153.  Section 370.14, Florida Statutes, is
8367	renumbered as section 379.367, Florida Statutes, and amended to
8368	read:
8369	379.367 370.14  Spiny lobster; regulation.--
8370	(1)  It is the intent of the Legislature to maintain the
8371	spiny lobster industry for the economy of the state and to
8372	conserve the stocks supplying this industry. The provisions of
8373	this act regulating the taking of spiny lobster are for the
8374	purposes of ensuring and maintaining the highest possible
8375	production of spiny lobster.
8376	(2)(a)1.  Each commercial harvester taking or attempting to
8377	take spiny lobster with a trap in commercial quantities or for
8378	commercial purposes shall obtain and exhibit a spiny lobster
8379	endorsement number, as required by the Fish and Wildlife
8380	Conservation Commission. The annual fee for a spiny lobster
8381	endorsement is $125. This endorsement may be issued by the
8382	commission upon the receipt of application by the commercial
8383	harvester when accompanied by the payment of the fee. The design
8384	of the applications and of the trap tag shall be determined by
8385	the commission. Any trap or device used in taking or attempting
8386	to take spiny lobster, other than a trap with the endorsement
8387	number, shall be seized and destroyed by the commission. The
8388	proceeds of the fees imposed by this paragraph shall be
8389	deposited and used as provided in paragraph (b). The commission
8390	may adopt rules to carry out the intent of this section.
8391	2.  Each commercial harvester taking or attempting to take
8392	spiny lobster in commercial quantities or for commercial
8393	purposes by any method, other than with a trap having a spiny
8394	lobster endorsement number issued by the commission, must pay an
8395	annual fee of $100.
8396	(b)  Twenty-five dollars of the $125 fee for a spiny
8397	lobster endorsement required under subparagraph (a)1. must be
8398	used only for trap retrieval as provided in s. 379.2424 370.143.
8399	The remainder of the fees collected under paragraph (a) shall be
8400	deposited as follows:
8401	1.  Fifty percent of the fees collected shall be deposited
8402	in the Marine Resources Conservation Trust Fund for use in
8403	enforcing the provisions of paragraph (a) through aerial and
8404	other surveillance and trap retrieval.
8405	2.  Fifty percent of the fees collected shall be deposited
8406	as provided in s. 379.3671(5) 370.142(5).
8407	(3)  The spiny lobster endorsement must be on board the
8408	boat, and both the endorsement and the harvested spiny lobster
8409	shall be subject to inspection at all times. Only one
8410	endorsement shall be issued for each boat. The spiny lobster
8411	endorsement number must be prominently displayed above the
8412	topmost portion of the boat so as to be easily and readily
8413	identified.
8414	(4)(a)  It is unlawful for any person willfully to molest
8415	any spiny lobster traps, lines, or buoys belonging to another
8416	without permission of the licenseholder.
8417	(b)  A commercial harvester who violates this subsection
8418	commits a felony of the third degree, punishable as provided in
8419	s. 775.082 or s. 775.083. Any other person who violates this
8420	subsection commits a Level Four violation under s. 379.401
8421	372.83.
8422	(5)  Any spiny lobster licenseholder, upon selling licensed
8423	spiny lobster traps, shall furnish the commission notice of such
8424	sale of all or part of his or her interest within 15 days
8425	thereof. Any holder of said license shall also notify the
8426	commission within 15 days if his or her address no longer
8427	conforms to the address appearing on the license and shall, as a
8428	part of such notification, furnish the commission with his or
8429	her new address.
8430	(6)(a)  By a special permit granted by the commission, a
8431	Florida-licensed seafood dealer may lawfully import, process,
8432	and package spiny lobster or uncooked tails of the species
8433	Panulirus argus during the closed season. However, spiny lobster
8434	landed under special permit shall not be sold in the state.
8435	(b)  The licensed seafood dealer importing any such spiny
8436	lobster under the permit shall, 12 hours prior to the time the
8437	seagoing vessel or airplane delivering such imported spiny
8438	lobster enters the state, notify the commission as to the
8439	seagoing vessel's name or the airplane's registration number and
8440	its captain, location, and point of destination.
8441	(c)  At the time the spiny lobster cargo is delivered to
8442	the permitholder's place of business, the spiny lobster cargo
8443	shall be weighed and shall be available for inspection by the
8444	commission. A signed receipt of such quantity in pounds shall be
8445	forwarded to the commission within 48 hours after shipment
8446	weigh-in completion. If requested by the commission, the weigh-
8447	in process will be delayed up to 4 hours to allow for a
8448	commission representative to be present during the process.
8449	(d)  Within 48 hours after shipment weigh-in completion,
8450	the permitholder shall submit to the commission, on forms
8451	provided by the commission, a sworn report of the quantity in
8452	pounds of the spiny lobster received, which report shall include
8453	the location of said spiny lobster and a sworn statement that
8454	said spiny lobster were taken at least 50 miles from Florida's
8455	shoreline. The landing of spiny lobster or spiny lobster tails
8456	from which the eggs, swimmerettes, or pleopods have been
8457	removed; the falsification of information as to area from which
8458	spiny lobster were obtained; or the failure to file the report
8459	called for in this section shall be grounds to revoke the
8460	permit.
8461	(e)  Each permitholder shall keep throughout the period of
8462	the closed season copies of the bill of sale or invoices
8463	covering each transaction involving spiny lobster imported under
8464	this permit. Such invoices and bills shall be kept available at
8465	all times for inspection by the commission.
8466	(7)(a)  A Florida-licensed seafood dealer may obtain a
8467	special permit to import, process, and package uncooked tails of
8468	spiny lobster upon the payment of the sum of $100 to the
8469	commission.
8470	(b)  A special permit must be obtained by any airplane or
8471	seagoing vessel other than a common carrier used to transport
8472	spiny lobster or spiny lobster tails for purchase by licensed
8473	seafood dealers for purposes as provided herein upon the payment
8474	of $50.
8475	(c)  All special permits issued under this subsection are
8476	nontransferable.
8477	(8)  No common carrier or employee of said carrier may
8478	carry, knowingly receive for carriage, or permit the carriage of
8479	any spiny lobster of the species Panulirus argus, regardless of
8480	where taken, during the closed season, except of the species
8481	Panulirus argus lawfully imported from a foreign country for
8482	reshipment outside of the territorial limits of the state under
8483	United States Customs bond or in accordance with paragraph
8484	(7)(a).
8485	Section 154.  Section 370.142, Florida Statutes, is
8486	renumbered as section 379.3671, Florida Statutes, and amended to
8487	read:
8488	379.3671 370.142  Spiny lobster trap certificate program.--
8489	(1)  INTENT.--Due to rapid growth, the spiny lobster
8490	fishery is experiencing increased congestion and conflict on the
8491	water, excessive mortality of undersized lobsters, a declining
8492	yield per trap, and public concern over petroleum and debris
8493	pollution from existing traps. In an effort to solve these and
8494	related problems, the Legislature intends to develop pursuant to
8495	the provisions of this section a spiny lobster trap certificate
8496	program, the principal goal of which is to stabilize the fishery
8497	by reducing the total number of traps, which should increase the
8498	yield per trap and therefore maintain or increase overall catch
8499	levels. The Legislature seeks to preserve as much flexibility in
8500	the program as possible for the fishery's various constituents
8501	and ensure that any reduction in total trap numbers will be
8502	proportioned equally on a percentage basis among all users of
8503	traps in the fishery.
8504	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
8505	PENALTIES.--The Fish and Wildlife Conservation Commission shall
8506	establish a trap certificate program for the spiny lobster
8507	fishery of this state and shall be responsible for its
8508	administration and enforcement as follows:
8509	(a)  Transferable trap certificates.--Each holder of a
8510	saltwater products license who uses traps for taking or
8511	attempting to take spiny lobsters shall be required to have a
8512	certificate on record for each trap possessed or used therefor,
8513	except as otherwise provided in this section.
8514	1.  Trap certificates are transferable on a market basis
8515	and may be transferred from one licenseholder to another for a
8516	fair market value agreed upon between the transferor and
8517	transferee. Each such transfer shall, within 72 hours thereof,
8518	be recorded on a notarized form provided for that purpose by the
8519	Fish and Wildlife Conservation Commission and hand delivered or
8520	sent by certified mail, return receipt requested, to the
8521	commission for recordkeeping purposes. In order to cover the
8522	added administrative costs of the program and to recover an
8523	equitable natural resource rent for the people of the state, a
8524	transfer fee of $2 per certificate transferred shall be assessed
8525	against the purchasing licenseholder and sent by money order or
8526	cashier's check with the certificate transfer form. Also, in
8527	addition to the transfer fee, a surcharge of $5 per certificate
8528	transferred or 25 percent of the actual market value, whichever
8529	is greater, given to the transferor shall be assessed the first
8530	time a certificate is transferred outside the original
8531	transferor's immediate family. No transfer of a certificate
8532	shall be effective until the commission receives the notarized
8533	transfer form and the transfer fee, including any surcharge, is
8534	paid. The commission may establish by rule an amount of
8535	equitable rent per trap certificate that shall be recovered as
8536	partial compensation to the state for the enhanced access to its
8537	natural resources. A rule establishing an amount of equitable
8538	rent shall become effective only after approval by the
8539	Legislature. In determining whether to establish such a rent
8540	and, if so, the amount thereof, the commission shall consider
8541	the amount of revenues annually generated by certificate fees,
8542	transfer fees, surcharges, trap license fees, and sales taxes,
8543	the demonstrated fair market value of transferred certificates,
8544	and the continued economic viability of the commercial lobster
8545	industry. All proceeds of equitable rent recovered shall be
8546	deposited in the Marine Resources Conservation Trust Fund and
8547	used by the commission for research, management, and protection
8548	of the spiny lobster fishery and habitat. A transfer fee may not
8549	be assessed or required when the transfer is within a family as
8550	a result of the death or disability of the certificate owner. A
8551	surcharge will not be assessed for any transfer within an
8552	individual's immediate family.
8553	2.  No person, firm, corporation, or other business entity
8554	may control, directly or indirectly, more than 1.5 percent of
8555	the total available certificates in any license year.
8556	3.  The commission shall maintain records of all
8557	certificates and their transfers and shall annually provide each
8558	licenseholder with a statement of certificates held.
8559	4.  The number of trap tags issued annually to each
8560	licenseholder shall not exceed the number of certificates held
8561	by the licenseholder at the time of issuance, and such tags and
8562	a statement of certificates held shall be issued simultaneously.
8563	5.  It is unlawful for any person to lease spiny lobster
8564	trap tags or certificates.
8565	(b)  Trap tags.--Each trap used to take or attempt to take
8566	spiny lobsters in state waters or adjacent federal waters shall,
8567	in addition to the spiny lobster endorsement number required by
8568	s. 379.367(2) 370.14(2), have affixed thereto an annual trap tag
8569	issued by the commission. Each such tag shall be made of durable
8570	plastic or similar material and shall, based on the number of
8571	certificates held, have stamped thereon the owner's license
8572	number. To facilitate enforcement and recordkeeping, such tags
8573	shall be issued each year in a color different from that of each
8574	of the previous 3 years. The annual certificate fee shall be $1
8575	per certificate. Replacement tags for lost or damaged tags may
8576	be obtained as provided by rule of the commission. In the event
8577	of a major natural disaster, such as a hurricane or major storm,
8578	that causes massive trap losses within an area declared by the
8579	Governor to be a disaster emergency area, the commission may
8580	temporarily defer or waive replacement tag fees.
8581	(c)  Prohibitions; penalties.--
8582	1.  It is unlawful for a person to possess or use a spiny
8583	lobster trap in or on state waters or adjacent federal waters
8584	without having affixed thereto the trap tag required by this
8585	section. It is unlawful for a person to possess or use any other
8586	gear or device designed to attract and enclose or otherwise aid
8587	in the taking of spiny lobster by trapping that is not a trap as
8588	defined by commission rule.
8589	2.  It is unlawful for a person to possess or use spiny
8590	lobster trap tags without having the necessary number of
8591	certificates on record as required by this section.
8592	3.  It is unlawful for any person to willfully molest, take
8593	possession of, or remove the contents of another harvester's
8594	spiny lobster trap without the express written consent of the
8595	trap owner available for immediate inspection. Unauthorized
8596	possession of another's trap gear or removal of trap contents
8597	constitutes theft.
8598	a.  A commercial harvester who violates this subparagraph
8599	shall be punished under ss. 379.367 and 379.407 370.021 and
8600	370.14. Any commercial harvester receiving a judicial
8601	disposition other than dismissal or acquittal on a charge of
8602	theft of or from a trap pursuant to this subparagraph or s.
8603	379.402 370.1107 shall, in addition to the penalties specified
8604	in ss. 379.367 and 379.407 370.021 and 370.14 and the provisions
8605	of this section, permanently lose all his or her saltwater
8606	fishing privileges, including his or her saltwater products
8607	license, spiny lobster endorsement, and all trap certificates
8608	allotted to him or her through this program. In such cases, trap
8609	certificates and endorsements are nontransferable.
8610	b.  Any commercial harvester receiving a judicial
8611	disposition other than dismissal or acquittal on a charge of
8612	willful molestation of a trap, in addition to the penalties
8613	specified in ss. 379.367 and 379.407 370.021 and 370.14, shall
8614	lose all saltwater fishing privileges for a period of 24
8615	calendar months.
8616	c.  In addition, any commercial harvester charged with
8617	violating this subparagraph and receiving a judicial disposition
8618	other than dismissal or acquittal for violating this
8619	subparagraph or s. 379.402 370.1107 shall also be assessed an
8620	administrative penalty of up to $5,000.
8621
8622	Immediately upon receiving a citation for a violation involving
8623	theft of or from a trap, or molestation of a trap, and until
8624	adjudicated for such a violation or, upon receipt of a judicial
8625	disposition other than dismissal or acquittal of such a
8626	violation, the commercial harvester committing the violation is
8627	prohibited from transferring any spiny lobster trap certificates
8628	and endorsements.
8629	4.  In addition to any other penalties provided in s.
8630	379.407 370.021, a commercial harvester who violates the
8631	provisions of this section or commission rules relating to spiny
8632	lobster traps shall be punished as follows:
8633	a.  If the first violation is for violation of subparagraph
8634	1. or subparagraph 2., the commission shall assess an additional
8635	administrative penalty of up to $1,000. For all other first
8636	violations, the commission shall assess an additional
8637	administrative penalty of up to $500.
8638	b.  For a second violation of subparagraph 1. or
8639	subparagraph 2. which occurs within 24 months of any previous
8640	such violation, the commission shall assess an additional
8641	administrative penalty of up to $2,000 and the spiny lobster
8642	endorsement issued under s. 379.367(2) or (6) 370.14(2) or (6)
8643	may be suspended for the remainder of the current license year.
8644	c.  For a third or subsequent violation of subparagraph 1.,
8645	subparagraph 2., or subparagraph 3. which occurs within 36
8646	months of any previous two such violations, the commission shall
8647	assess an additional administrative penalty of up to $5,000 and
8648	may suspend the spiny lobster endorsement issued under s.
8649	379.367(2) or (6) 370.14(2) or (6) for a period of up to 24
8650	months or may revoke the spiny lobster endorsement and, if
8651	revoking the spiny lobster endorsement, may also proceed against
8652	the licenseholder's saltwater products license in accordance
8653	with the provisions of s. 379.407(2)(h) 370.021(2)(h).
8654	d.  Any person assessed an additional administrative
8655	penalty pursuant to this section shall within 30 calendar days
8656	after notification:
8657	(I)  Pay the administrative penalty to the commission; or
8658	(II)  Request an administrative hearing pursuant to the
8659	provisions of ss. 120.569 and 120.57.
8660	e.  The commission shall suspend the spiny lobster
8661	endorsement issued under s. 379.367(2) or (6) 370.14(2) or (6)
8662	for any person failing to comply with the provisions of sub-
8663	subparagraph d.
8664	5.a.  It is unlawful for any person to make, alter, forge,
8665	counterfeit, or reproduce a spiny lobster trap tag or
8666	certificate.
8667	b.  It is unlawful for any person to knowingly have in his
8668	or her possession a forged, counterfeit, or imitation spiny
8669	lobster trap tag or certificate.
8670	c.  It is unlawful for any person to barter, trade, sell,
8671	supply, agree to supply, aid in supplying, or give away a spiny
8672	lobster trap tag or certificate or to conspire to barter, trade,
8673	sell, supply, aid in supplying, or give away a spiny lobster
8674	trap tag or certificate unless such action is duly authorized by
8675	the commission as provided in this chapter or in the rules of
8676	the commission.
8677	6.a.  Any commercial harvester who violates the provisions
8678	of subparagraph 5., or any commercial harvester who engages in
8679	the commercial harvest, trapping, or possession of spiny lobster
8680	without a spiny lobster endorsement as required by s. 379.367(2)
8681	or (6) 370.14(2) or (6) or during any period while such spiny
8682	lobster endorsement is under suspension or revocation, commits a
8683	felony of the third degree, punishable as provided in s.
8684	775.082, s. 775.083, or s. 775.084.
8685	b.  In addition to any penalty imposed pursuant to sub-
8686	subparagraph a., the commission shall levy a fine of up to twice
8687	the amount of the appropriate surcharge to be paid on the fair
8688	market value of the transferred certificates, as provided in
8689	subparagraph (a)1., on any commercial harvester who violates the
8690	provisions of sub-subparagraph 5.c.
8691	c.  In addition to any penalty imposed pursuant to sub-
8692	subparagraph a., any commercial harvester receiving any judicial
8693	disposition other than acquittal or dismissal for a violation of
8694	subparagraph 5. shall be assessed an administrative penalty of
8695	up to $5,000, and the spiny lobster endorsement under which the
8696	violation was committed may be suspended for up to 24 calendar
8697	months. Immediately upon issuance of a citation involving a
8698	violation of subparagraph 5. and until adjudication of such a
8699	violation, and after receipt of any judicial disposition other
8700	than acquittal or dismissal for such a violation, the commercial
8701	harvester holding the spiny lobster endorsement listed on the
8702	citation is prohibited from transferring any spiny lobster trap
8703	certificates.
8704	d.  Any other person who violates the provisions of
8705	subparagraph 5. commits a Level Four violation under s. 379.401
8706	372.83.
8707	7.  Any certificates for which the annual certificate fee
8708	is not paid for a period of 3 years shall be considered
8709	abandoned and shall revert to the commission. During any period
8710	of trap reduction, any certificates reverting to the commission
8711	shall become permanently unavailable and be considered in that
8712	amount to be reduced during the next license-year period.
8713	Otherwise, any certificates that revert to the commission are to
8714	be reallotted in such manner as provided by the commission.
8715	8.  The proceeds of all administrative penalties collected
8716	pursuant to subparagraph 4. and all fines collected pursuant to
8717	sub-subparagraph 6.b. shall be deposited into the Marine
8718	Resources Conservation Trust Fund.
8719	9.  All traps shall be removed from the water during any
8720	period of suspension or revocation.
8721	10.  Except as otherwise provided, any person who violates
8722	this paragraph commits a Level Two violation under s. 379.401
8723	372.83.
8724	(d)  No vested rights.--The trap certificate program shall
8725	not create vested rights in licenseholders whatsoever and may be
8726	altered or terminated as necessary to protect the spiny lobster
8727	resource, the participants in the fishery, or the public
8728	interest.
8729	(3)  TRAP REDUCTION.--The objective of the overall trap
8730	certificate program is to reduce the number of traps used in the
8731	spiny lobster fishery to the lowest number that will maintain or
8732	increase overall catch levels, promote economic efficiency in
8733	the fishery, and conserve natural resources. Therefore, the
8734	Marine Fisheries Commission shall set an overall trap reduction
8735	goal based on maintaining or maximizing a sustained harvest from
8736	the spiny lobster fishery. To reach that goal, the Marine
8737	Fisheries Commission shall, by July 1, 1992, set an annual trap
8738	reduction schedule, not to exceed 10 percent per year,
8739	applicable to all certificateholders until the overall trap
8740	reduction goal is reached. All certificateholders shall have
8741	their certificate holdings reduced by the same percentage of
8742	certificates each year according to the trap reduction schedule.
8743	Until July 1, 1999, the Department of Environmental Protection
8744	shall issue the number of trap tags authorized by the Marine
8745	Fisheries Commission, as requested, and a revised statement of
8746	certificates held. Beginning July 1, 1999, the Fish and Wildlife
8747	Conservation Commission shall annually issue the number of trap
8748	tags authorized by the commission's schedule, as requested, and
8749	a revised statement of certificates held. Certificateholders may
8750	maintain or increase their total number of certificates held by
8751	purchasing available certificates from within the authorized
8752	total. The Fish and Wildlife Conservation Commission shall
8753	provide for an annual evaluation of the trap reduction process
8754	and shall suspend the annual percentage reductions for any
8755	period deemed necessary by the commission in order to assess the
8756	impact of the trap reduction schedule on the fishery. The Fish
8757	and Wildlife Conservation Commission may then, by rule, resume,
8758	terminate, or reverse the schedule as it deems necessary to
8759	protect the spiny lobster resource and the participants in the
8760	fishery.
8761	(4)  TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS
8762	BOARD.--There is hereby established the Trap Certificate
8763	Technical Advisory and Appeals Board. Such board shall consider
8764	and advise the commission on disputes and other problems arising
8765	from the implementation of the spiny lobster trap certificate
8766	program. The board may also provide information to the
8767	commission on the operation of the trap certificate program.
8768	(a)  The board shall consist of the executive director of
8769	the commission or designee and nine other members appointed by
8770	the executive director, according to the following criteria:
8771	1.  All appointed members shall be certificateholders, but
8772	two shall be holders of fewer than 100 certificates, two shall
8773	be holders of at least 100 but no more than 750 certificates,
8774	three shall be holders of more than 750 but not more than 2,000
8775	certificates, and two shall be holders of more than 2,000
8776	certificates.
8777	2.  At least one member each shall come from Broward, Dade,
8778	and Palm Beach Counties; and five members shall come from the
8779	various regions of the Florida Keys.
8780	3.  At least one appointed member shall be a person of
8781	Hispanic origin capable of speaking English and Spanish.
8782	(b)  The term of each appointed member shall be for 4
8783	years, and any vacancy shall be filled for the balance of the
8784	unexpired term with a person of the qualifications necessary to
8785	maintain the requirements of paragraph (a). There shall be no
8786	limitation on successive appointments to the board.
8787	(c)  The executive director of the commission or designee
8788	shall serve as a member and shall call the organizational
8789	meeting of the board. The board shall annually elect a chair and
8790	a vice chair. There shall be no limitation on successive terms
8791	that may be served by a chair or vice chair. The board shall
8792	meet at the call of its chair, at the request of a majority of
8793	its membership, at the request of the commission, or at such
8794	times as may be prescribed by its rules. A majority of the board
8795	shall constitute a quorum, and official action of the board
8796	shall require a majority vote of the total membership of the
8797	board present at the meeting.
8798	(d)  The procedural rules adopted by the board shall
8799	conform to the requirements of chapter 120.
8800	(e)  Members of the board shall be reimbursed for per diem
8801	and travel expenses as provided in s. 112.061.
8802	(f)  Upon reaching a decision on any dispute or problem
8803	brought before it, including any decision involving the
8804	allotment of certificates under paragraph (g), the board shall
8805	submit such decision to the executive director of the commission
8806	for final approval. The executive director of the commission may
8807	alter or disapprove any decision of the board, with notice
8808	thereof given in writing to the board and to each party in the
8809	dispute explaining the reasons for the disapproval. The action
8810	of the executive director of the commission constitutes final
8811	agency action.
8812	(g)  In addition to those certificates allotted pursuant to
8813	the provisions of subparagraph (2)(a)1., up to 125,000
8814	certificates may be allotted by the board to settle disputes or
8815	other problems arising from implementation of the trap
8816	certificate program during the 1992-1993 and 1993-1994 license
8817	years. Any certificates not allotted by March 31, 1994, shall
8818	become permanently unavailable and shall be considered as part
8819	of the 1994-1995 reduction schedule. All appeals for additional
8820	certificates or other disputes must be filed with the board
8821	before October 1, 1993.
8822	(h)  Any trap certificates issued by the Department of
8823	Environmental Protection and, effective July 1, 1999, the
8824	commission as a result of the appeals process must be added to
8825	the existing number of trap certificates for the purposes of
8826	determining the total number of certificates from which the
8827	subsequent season's trap reduction is calculated.
8828	(i)  On and after July 1, 1994, the board shall no longer
8829	consider and advise the Fish and Wildlife Conservation
8830	Commission on disputes and other problems arising from
8831	implementation of the trap certificate program nor allot any
8832	certificates with respect thereto.
8833	(5)  DISPOSITION OF FEES AND SURCHARGES.--Transfer fees and
8834	surcharges, annual trap certificate fees, and recreational tag
8835	fees collected pursuant to paragraphs (2)(a) and (b) shall be
8836	deposited in the Marine Resources Conservation Trust Fund and
8837	used for administration of the trap certificate program,
8838	research and monitoring of the spiny lobster fishery, and
8839	enforcement and public education activities in support of the
8840	purposes of this section and shall also be for the use of the
8841	Fish and Wildlife Conservation Commission in evaluating the
8842	impact of the trap reduction schedule on the spiny lobster
8843	fishery; however, at least 15 percent of the fees and surcharges
8844	collected shall be provided to the commission for such
8845	evaluation.
8846	(6)  RULEMAKING AUTHORITY.--The Fish and Wildlife
8847	Conservation Commission may adopt rules to implement the
8848	provisions of this section.
8849	(7)  For the 2006-2007 fiscal year only, the trap tag fees
8850	required by this section shall be waived by the commission. This
8851	subsection expires July 1, 2007.
8852	Section 155.  Subsections (2),(3), and (4) of section
8853	370.143, Florida Statutes, are renumbered as section 379.368,
8854	Florida Statutes, and amended to read:
8855	379.368 370.143  Fees for the retrieval of spiny lobster,
8856	stone crab, blue crab, and black sea bass traps during closed
8857	season; commission authority; fees.--
8858	(1)(2)  Pursuant to s. 379.2424, the commission shall
8859	assess trap owners, and collect, a retrieval fee of $10 per trap
8860	retrieved shall be assessed trap owners. However, for each
8861	person holding a spiny lobster endorsement, a stone crab
8862	endorsement, or a blue crab endorsement issued under rule of the
8863	commission, the retrieval fee shall be waived for the first five
8864	traps retrieved. Traps recovered under this program shall become
8865	the property of the commission or its contract agent, as
8866	determined by the commission, and shall be either destroyed or
8867	resold to the original owner. Revenue from retrieval fees shall
8868	be deposited in the Marine Resources Conservation Trust Fund and
8869	used solely for operation of the trap retrieval program.
8870	(2)(3)  Payment of all assessed retrieval fees shall be
8871	required prior to renewal of the trap owner's saltwater products
8872	license. Retrieval fees assessed under this program shall stand
8873	in lieu of other penalties imposed for such trap violations.
8874	(3)(4)  In the event of a major natural disaster, such as a
8875	hurricane or major storm, that causes massive trap losses within
8876	an area declared by the Governor to be a disaster emergency
8877	area, the commission shall waive trap retrieval fees.
8878	Section 156.  Section 370.1535, Florida Statutes, is
8879	renumbered as section 379.369, Florida Statutes, and amended to
8880	read:
8881	379.369 370.1535  Fees for Regulation of shrimp fishing in
8882	Tampa Bay; licensing requirements.--
8883	(1)  No person shall operate as a dead shrimp producer in
8884	any waters of Tampa Bay unless such person has procured from the
8885	Fish and Wildlife Conservation Commission a dead shrimp
8886	production permit.
8887	(2)  The Fish and Wildlife Conservation Commission is
8888	authorized to issue a dead shrimp production permit to persons
8889	qualified pursuant to the following criteria:
8890	(a)  The person has submitted an application designed by
8891	the commission for such permit.
8892	(b)  One permit is required for each vessel used for dead
8893	shrimp production in the waters of Tampa Bay. A permit shall
8894	only be issued to an individual who is the principal owner of
8895	the vessel or of the business entity owning the vessel and
8896	utilizing the permit. No more than three permits shall be issued
8897	to any individual.
8898	(c)  Each application for a permit to shrimp fish in the
8899	waters of Tampa Bay shall be accompanied by a fee of $250 for
8900	each resident of the state and $1,000 for each nonresident of
8901	the state. The proceeds of the fees collected pursuant to this
8902	paragraph shall be deposited into the Marine Resources
8903	Conservation Trust Fund to be used by the commission for the
8904	purpose of enforcement of marine resource laws.
8905	(d)  No person shall be issued a permit or be allowed to
8906	renew a permit if such person is registered for noncommercial
8907	trawling pursuant to s. 370.15(4).
8908	(e)  Each applicant shall make application prior to June
8909	30, 1992, and shall hold any other license or registration
8910	required to operate a commercial fishing vessel in Tampa Bay on
8911	the date of application.
8912	(3)  Each permit issued in the base year of 1992 shall be
8913	renewable by June 30 in each subsequent year upon application
8914	meeting the requirements for issuance for an initial permit
8915	pursuant to subsection (2). The number of permits outstanding in
8916	any one year shall not exceed the number issued for 1992. No
8917	permit shall be transferable by any method, including devise or
8918	inheritance, and a permit shall be renewable only by the initial
8919	holder thereof. All permits not renewed for any reason shall
8920	expire and shall not be renewable under any circumstances.
8921	(4)  No person harvesting dead shrimp from Tampa Bay shall
8922	sell such shrimp to any person unless such seller is in
8923	possession of a dead shrimp production permit issued pursuant to
8924	this section. Except for purchases from other wholesale dealers,
8925	no wholesale dealer, as defined in s. 370.07(1)(a)3., shall
8926	purchase dead shrimp harvested in Tampa Bay, unless the seller
8927	produces his or her dead shrimp production permit prior to the
8928	sale of the shrimp.
8929	(5)  The operator of any vessel used in Tampa Bay for dead
8930	shrimp production shall possess while in or on the waters of the
8931	bay and produce upon the request of any duly authorized law
8932	enforcement officer a current dead shrimp production permit
8933	issued for the vessel pursuant to this section.
8934	(6)  Each person harvesting shrimp in Tampa Bay pursuant to
8935	the permit required by this section shall comply with all rules
8936	of the Fish and Wildlife Conservation Commission regulating such
8937	harvest.
8938	(7)  For purpose of this section, "Tampa Bay" means all the
8939	waters of the bay east and north of the Sunshine Skyway Bridge
8940	(U.S. 19 and Interstate 275).
8941	Section 157.  Section 379.3711, Florida Statutes, is
8942	created to read:
8943	379.3711  License fee for private game preserves and
8944	farms.--The licensee fee for establishing, maintaining, and
8945	operating a private preserve and farm pursuant to s. 379.302 is
8946	$50 per year. The fee is payable to the commission and shall be
8947	deposited in the State Game Trust Fund.
8948	Section 158.  Section 372.661, Florida Statutes, is
8949	renumbered as section 379.3712, Florida Statutes, and amended to
8950	read:
8951	379.3712 372.661  Private hunting preserve license fees;
8952	exception.--
8953	(1)  Any person who operates a private hunting preserve
8954	commercially or otherwise shall be required to pay a license fee
8955	of $70 for each such preserve; provided, however, that during
8956	the open season established for wild game of any species a
8957	private individual may take artificially propagated game of such
8958	species up to the bag limit prescribed for the particular
8959	species without being required to pay the license fee required
8960	by this section; provided further that if any such individual
8961	shall charge a fee for taking such game she or he shall be
8962	required to pay the license fee required by this section and to
8963	comply with the rules of the commission relative to the
8964	operation of private hunting preserves.
8965	(2)  A commercial hunting preserve license, which shall
8966	exempt patrons of licensed preserves from the license and permit
8967	requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j)
8968	372.57(4)(c), (d), (f), (h), (i), and (j); (5)(g) and (h);
8969	(8)(a), (b), and (e); (9)(a)2.; (11); and (12) while hunting on
8970	the licensed preserve property, shall be $500. Such commercial
8971	hunting preserve license shall be available only to those
8972	private hunting preserves licensed pursuant to this section
8973	which are operated exclusively for commercial purposes, which
8974	are open to the public, and for which a uniform fee is charged
8975	to patrons for hunting privileges.
8976	Section 159.  Section 372.86, Florida Statutes, is
8977	renumbered as section 379.372, Florida Statutes, to read:
8978	379.372 372.86  Capturing, keeping, possessing,
8979	transporting, or exhibiting venomous reptiles or reptiles of
8980	concern; license required.--
8981	(1)  No person, firm, or corporation shall capture, keep,
8982	possess, or exhibit any poisonous or venomous reptile or reptile
8983	of concern without first having obtained a special permit or
8984	license therefor from the Fish and Wildlife Conservation
8985	Commission as provided in this section.
8986	(2)  By December 31, 2007, the commission shall establish a
8987	list of reptiles of concern, including venomous, nonvenomous,
8988	native, nonnative, or other reptiles, which require additional
8989	regulation for capture, possession, transportation, or
8990	exhibition due to their nature, habits, status, or potential to
8991	negatively impact the environment, ecology, or humans.
8992	(3)  It shall be unlawful for any person, firm, or
8993	corporation, whether licensed hereunder or not, to capture,
8994	keep, possess, or exhibit any venomous reptile or reptile of
8995	concern in any manner not approved as safe, secure, and proper
8996	by the commission. Venomous reptiles or reptiles of concern held
8997	in captivity are subject to inspection by the commission. The
8998	commission shall determine whether the reptiles are securely,
8999	safely, and properly penned. In the event that the reptiles are
9000	not safely penned, the commission shall report the situation in
9001	writing to the person, firm, or corporation owning the reptiles.
9002	Failure of the person, firm, or corporation to correct the
9003	situation within 30 days after such written notice shall be
9004	grounds for revocation of the license or permit of the person,
9005	firm, or corporation.
9006	(4)  Venomous reptiles or reptiles of concern shall be
9007	transported in a safe, secure, and proper manner. The commission
9008	shall establish by rule the requirements for the transportation
9009	of venomous reptiles or reptiles of concern.
9010	Section 160.  Section 372.87, Florida Statutes, is
9011	renumbered as 379.373, Florida Statutes, to read:
9012	379.373 372.87  License fee; renewal, revocation.--
9013	(1)(a)  The Fish and Wildlife Conservation Commission is
9014	authorized and empowered to issue a license or permit for the
9015	capturing, keeping, possessing, or exhibiting of venomous
9016	reptiles, upon payment of an annual fee of $100 and upon
9017	assurance that all of the provisions of ss. 379.372-379.305 and
9018	ss. 379.372-379.374 372.86-372.92 and such other reasonable
9019	rules and regulations as the commission may prescribe will be
9020	fully complied with in all respects.
9021	(b)  The Fish and Wildlife Conservation Commission is
9022	authorized and empowered to issue a license or permit for the
9023	capturing, keeping, possessing, or exhibiting of reptiles of
9024	concern upon payment of an annual fee not to exceed $100 and
9025	upon assurance that all of the provisions of ss. 379.305,
9026	379.372, 379.373, and 379.374 372.86-372.92 and such other
9027	reasonable rules and regulations as the commission may prescribe
9028	will be fully complied with in all respects. The annual fee for
9029	issuance or renewal of a license or permit under this paragraph
9030	for reptiles of concern is initially set at $100. However, the
9031	commission may reduce that annual fee by rule if the commission
9032	determines that there is general compliance with ss. 379.305,
9033	379.372, 379.373, and 379.374 372.86-372.92 and that such
9034	compliance allows for a reduction in fees to cover the costs of
9035	administering and enforcing the reptiles of concern program. The
9036	commission may issue a license or permit to an applicant who
9037	holds a current and valid license or permit for venomous
9038	reptiles under paragraph (a) and meets all requirements for the
9039	capturing, keeping, possessing, or exhibiting of reptiles of
9040	concern, but shall not require payment of an additional annual
9041	fee.
9042	(2)  Such permits or licenses may be revoked by the
9043	commission upon violation of any of the provisions of ss.
9044	379.305, 379.372, 379.373, and 379.374 372.86-372.92 or upon
9045	violation of any of the rules and regulations prescribed by the
9046	commission relating to the capturing, keeping, possessing, and
9047	exhibiting of any venomous reptiles or reptiles of concern. Such
9048	permits or licenses shall be for an annual period to be
9049	prescribed by the commission and shall be renewable upon the
9050	payment of said fee and shall be subject to the same conditions,
9051	limitations, and restrictions as set forth in this section. All
9052	moneys received pursuant to this section shall be deposited into
9053	the State Game Trust Fund to be used to implement, administer,
9054	enforce, and educate the public regarding ss. 379.305, 379.372,
9055	379.373, and 379.374 372.86-372.92.
9056	Section 161.  Section 372.88, Florida Statutes, is
9057	renumbered as section 379.374, Florida Statutes, to read:
9058	379.374 372.88  Bond required, amount.--
9059	(1)  No person, party, firm, or corporation shall exhibit
9060	to the public either with or without charge or admission fee any
9061	venomous reptile without having first posted a good and
9062	sufficient bond in writing in the penal sum of $10,000 payable
9063	to the commission, conditioned that such exhibitor will
9064	indemnify and save harmless all persons from injury or damage
9065	from such venomous reptiles so exhibited and shall fully comply
9066	with all laws of the state and all rules and regulations of the
9067	commission governing the capturing, keeping, possessing, or
9068	exhibiting of venomous reptiles; provided, however, that the
9069	aggregate liability of the surety for all such injuries or
9070	damages shall, in no event, exceed the penal sum of the bond.
9071	The surety for the bond must be a surety company authorized to
9072	do business under the laws of the state or in lieu of such a
9073	surety, cash in the sum of $10,000 may be posted with the
9074	commission to ensure compliance with the conditions of the bond.
9075	(2)  No person, party, firm, or corporation shall exhibit
9076	to the public either with or without charge or admission fee,
9077	any Class I wildlife, as defined in s. 379.303 372.922 and
9078	commission rule chapter 68A-6, Florida Administrative Code,
9079	without having first guaranteed financial responsibility, in the
9080	sum of $10,000, for any liability which may be incurred in the
9081	exhibition to the public of Class I wildlife. The commission
9082	shall adopt, by rule, the methods of payment that satisfy the
9083	financial responsibility, which may include cash, the
9084	establishment of a trust fund, an irrevocable letter of credit,
9085	casualty insurance, a corporate guarantee, or any combination
9086	thereof, in the sum of $10,000 which shall be posted with the
9087	commission. In lieu of the $10,000 financial responsibility
9088	guarantee required in this subsection, the exhibiter has the
9089	option to maintain comprehensive general liability insurance,
9090	with minimum limits of $2 million per occurrence and $2 million
9091	annual aggregate, as shall protect the exhibiter from claims for
9092	damage for personal injury, including accidental death, as well
9093	as claims for property damage which may arise. Proof of such
9094	insurance shall be submitted to the commission.
9095	Section 162.  Section 372.6673, Florida Statutes, is
9096	renumbered as section 379.3751, Florida Statutes, to read:
9097	379.3751 372.6673  Taking and possession of alligators;
9098	trapping licenses; fees.--
9099	(1)(a)  No person shall take or possess any alligator or
9100	the eggs thereof without having first obtained from the
9101	commission a trapping license and paid the fee provided in this
9102	section. Such license shall be dated when issued and remain
9103	valid for 12 months after the date of issuance and shall
9104	authorize the person to whom it is issued to take or possess
9105	alligators and their eggs, and to sell, possess, and process
9106	alligators and their hides and meat, in accordance with law and
9107	commission rules. Such license shall not be transferable and
9108	shall not be valid unless it bears on its face in indelible ink
9109	the name of the person to whom it is issued. Such license shall
9110	be in the personal possession of the licensee while such person
9111	is taking alligators or their eggs or is selling, possessing, or
9112	processing alligators or their eggs, hides, or meat. The failure
9113	of the licensee to exhibit such license to the commission or its
9114	wildlife officers, when such person is found taking alligators
9115	or their eggs or is found selling, possessing, or processing
9116	alligators or their eggs, hides, or meat, shall be a violation
9117	of law.
9118	(b)  In order to assure the optimal utilization of the
9119	estimated available alligator resource and to ensure adequate
9120	control of the alligator management and harvest program, the
9121	commission may by rule limit the number of participants engaged
9122	in the taking of alligators or their eggs from the wild.
9123	(c)  No person who has been convicted of any violation of
9124	s. s. 379.3015 or s.379.409 372.663 or s. 372.664 or the rules
9125	of the commission relating to the illegal taking of crocodilian
9126	species shall be eligible for issuance of a license for a period
9127	of 5 years subsequent to such conviction. In the event such
9128	violation involves the unauthorized taking of an endangered
9129	crocodilian species, no license shall be issued for 10 years
9130	subsequent to the conviction.
9131	(2)  The license and issuance fee, and the activity
9132	authorized thereby, shall be as follows:
9133	(a)  The annual fee for issuance of a resident alligator
9134	trapping license, which permits a resident of the state to take
9135	alligators occurring in the wild other than alligator
9136	hatchlings, to possess and process alligators taken under
9137	authority of such alligator trapping license or otherwise
9138	legally acquired, and to possess, process, and sell their hides
9139	and meat, shall be $250.
9140	(b)  The annual fee for issuance of a nonresident alligator
9141	trapping license, which permits a person other than a resident
9142	of the state to take alligators occurring in the wild other than
9143	alligator hatchlings, to possess and process alligators taken
9144	under authority of such alligator trapping license, and to
9145	possess, process, and sell their hides and meat, shall be
9146	$1,000.
9147	(c)  The annual fee for issuance of an alligator trapping
9148	agent's license, which permits a person to act as an agent of
9149	any person who has been issued a resident or nonresident
9150	alligator trapping license as provided in paragraph (a) or
9151	paragraph (b) and to take alligators occurring in the wild other
9152	than alligator hatchlings, and to possess and process alligators
9153	taken under authority of such agency relationship, shall be $50.
9154	Such alligator trapping agent's license shall be issued only in
9155	conjunction with an alligator trapping license and shall bear on
9156	its face in indelible ink the name and license number of the
9157	alligator trapping licenseholder for whom the holder of this
9158	license is acting as an agent.
9159	(d)  The annual fee for issuance of an alligator farming
9160	license, which permits a person to operate a facility for
9161	captive propagation of alligators, to possess alligators for
9162	captive propagation, to take alligator hatchlings and alligator
9163	eggs occurring in the wild, to rear such alligators, alligator
9164	hatchlings, and alligator eggs in captivity, to process
9165	alligators taken or possessed under authority of such alligator
9166	farming license or otherwise legally acquired, and to sell their
9167	hides and meat, shall be $250.
9168	(e)  The annual fee for issuance of an alligator farming
9169	agent's license, which permits a person to act as an agent of
9170	any person who has been issued an alligator farming license as
9171	provided in paragraph (d) and to take alligator hatchlings and
9172	alligator eggs occurring in the wild, and to possess and process
9173	alligators taken under authority of such agency relationship,
9174	shall be $50. Such license shall be issued only in conjunction
9175	with an alligator farming license, and shall bear on its face in
9176	indelible ink the name and license number of the alligator
9177	farming licenseholder for whom the holder of this license is
9178	acting as an agent.
9179	(f)  The annual fee for issuance of an alligator
9180	processor's license, which permits a person to buy and process
9181	alligators lawfully taken by alligator trapping licenseholders
9182	and taken or possessed by alligator farming licenseholders and
9183	to sell alligator meat, hides, and other parts, shall be $250.
9184	(3)  For the purpose of this section, "process" shall mean
9185	the possession and skinning or butchering of an alligator by
9186	someone other than the holder of the alligator trapping license,
9187	alligator trapping agent's license, alligator farming license,
9188	or alligator farming agent's license who has authorized the
9189	taking and possession of such alligator.
9190	(4)  No person shall take any alligator egg occurring in
9191	the wild or possess any such egg unless such person has
9192	obtained, or is a licensed agent of another person who has
9193	obtained, an alligator egg collection permit. The alligator egg
9194	collection permit shall be required in addition to the alligator
9195	farming license provided in paragraph (2)(d). The commission is
9196	authorized to assess a fee for issuance of the alligator egg
9197	collection permit of up to $5 per egg authorized to be taken or
9198	possessed pursuant to such permit. Irrespective of whether a fee
9199	is assessed, $1 per egg collected and retained, excluding eggs
9200	collected on private wetland management areas, shall be
9201	transferred from the alligator management program to the General
9202	Inspection Trust Fund, to be administered by the Department of
9203	Agriculture and Consumer Services for the purpose of providing
9204	marketing and education services with respect to alligator
9205	products produced in this state, notwithstanding other
9206	provisions in this chapter.
9207	(5)  The commission shall adopt criteria by rule to
9208	establish appropriate qualifications for alligator collectors
9209	who may receive permits pursuant to this section.
9210	Section 163.  Section 372.6674, Florida Statutes, is
9211	renumbered as section 379.3752, Florida Statutes, and amended to
9212	read:
9213	379.3752 372.6674  Required tagging of alligators and
9214	hides; fees; revenues.--The tags provided in this section shall
9215	be required in addition to any license required under s.
9216	379.3751 372.6673.
9217	(1)  No person shall take any alligator occurring in the
9218	wild or possess any such alligator unless such alligator is
9219	subsequently tagged in the manner required by commission rule.
9220	For the tag required for an alligator hatchling, the commission
9221	is authorized to assess a fee of not more than $15 for each
9222	alligator hatchling tag issued. The commission shall expend one-
9223	third of the revenue generated from the issuance of the
9224	alligator hatchling tag for alligator husbandry research.
9225	(2)  The commission may require that an alligator hide
9226	validation tag (CITES tag) be affixed to the hide of any
9227	alligator taken from the wild and that such hide be possessed,
9228	purchased, sold, offered for sale, or transported in accordance
9229	with commission rule. The commission is authorized to assess a
9230	fee of up to $30 for each alligator hide validation tag issued.
9231	Irrespective of whether a fee is assessed, $5 per validated
9232	hide, excluding those validated from public hunt programs and
9233	alligator farms, shall be transferred from the alligator
9234	management program to the General Inspection Trust Fund, to be
9235	administered by the Department of Agriculture and Consumer
9236	Services for the purpose of providing marketing and education
9237	services with respect to alligator products produced in this
9238	state, notwithstanding other provisions in this chapter.
9239	(3)  The number of tags available for alligators taken
9240	pursuant to a collection permit shall be limited to the number
9241	of tags determined by the commission to equal the safe yield of
9242	alligators as determined pursuant to s. 379.3013 372.6678.
9243	Section 164.  Subsections (1), (2), (3), (7) and (8) of
9244	section 372.921, Florida Statutes, are renumbered as section
9245	379.3761, Florida Statutes, and amended to read:
9246	379.3761  Exhibition or sale of wildlife; fees;
9247	classifications.--
9248	(1)  In order to provide humane treatment and sanitary
9249	surroundings for wild animals kept in captivity, no person,
9250	firm, corporation, or association shall have, or be in
9251	possession of, in captivity for the purpose of public display
9252	with or without charge or for public sale any wildlife,
9253	specifically birds, mammals, amphibians, and reptiles, whether
9254	indigenous to Florida or not, without having first secured a
9255	permit from the commission authorizing such person, firm, or
9256	corporation to have in its possession in captivity the species
9257	and number of wildlife specified within such permit; however,
9258	this section does not apply to any wildlife not protected by law
9259	and the rules of the commission.
9260	(2)  The fees to be paid for the issuance of permits
9261	required by subsection (1) shall be as follows:
9262	(a)  For not more than 25 Class I or Class II individual
9263	specimens in the aggregate of all species, the sum of $150 per
9264	annum.
9265	(b)  For over 25 Class I or Class II individual specimens
9266	in the aggregate of all species, the sum of $250 per annum.
9267	(c)  For any number of Class III individual specimens in
9268	the aggregate of all species, the sum of $50 per annum.
9269
9270	The fees prescribed by this subsection shall be submitted to the
9271	commission with the application for permit required by
9272	subsection (1) and shall be deposited in the State Game Trust
9273	Fund.
9274	(3)  An applicant for a permit shall be required to include
9275	in her or his application a statement showing the place, number,
9276	and species of wildlife to be held in captivity by the applicant
9277	and shall be required upon request by the Fish and Wildlife
9278	Conservation Commission to show when, where, and in what manner
9279	she or he came into possession of any wildlife acquired
9280	subsequent to the effective date of this act. The source of
9281	acquisition of such wildlife shall not be divulged by the
9282	commission except in connection with a violation of this section
9283	or a regulation of the commission in which information as to
9284	source of wildlife is required as evidence in the prosecution of
9285	such violation.
9286	(4) (7)  The provisions of this section relative to
9287	licensing do not apply to any municipal, county, state, or other
9288	publicly owned wildlife exhibit. The provisions of this section
9289	do not apply to any traveling zoo, circus, or exhibit licensed
9290	as provided by chapter 205.
9291	(5) (8)  This section shall not apply to the possession,
9292	control, care, and maintenance of ostriches, emus, rheas, and
9293	bison domesticated and confined for commercial farming purposes,
9294	except those kept and maintained on hunting preserves or game
9295	farms or primarily for exhibition purposes in zoos, carnivals,
9296	circuses, and other such establishments where such species are
9297	kept primarily for display to the public.
9298	Section 165.  Subsections (1),(2),(5),(6), and (7) of
9299	section 372.922, Florida Statutes, are renumbered as section
9300	379.3762, Florida Statutes, and amended to read:
9301	379.3762 372.922  Personal possession of wildlife.--
9302	(1)  It is unlawful for any person or persons to possess
9303	any wildlife as defined in this act, whether indigenous to
9304	Florida or not, until she or he has obtained a permit as
9305	provided by this section from the Fish and Wildlife Conservation
9306	Commission.
9307	(2)  The classifications of types of wildlife and fees to
9308	be paid for permits for the personal possession of wildlife
9309	shall be as follows:
9310	(a)  Class I--Wildlife which, because of its nature,
9311	habits, or status, shall not be possessed as a personal pet.
9312	(b)  Class II--Wildlife considered to present a real or
9313	potential threat to human safety, the sum of $140 per annum.
9314	(c)  Class III--All other wildlife not included in Class I
9315	or Class II, for which a no-cost permit must be obtained from
9316	the commission.
9317	(3)(5)  Any person, firm, corporation, or association
9318	exhibiting or selling wildlife and being duly permitted as
9319	provided by s. 379.304 372.921 shall be exempt from the fee
9320	requirement to receive a permit under this section.
9321	(4)(6)  This section shall not apply to the possession,
9322	control, care, and maintenance of ostriches, emus, rheas, and
9323	bison domesticated and confined for commercial farming purposes,
9324	except those kept and maintained on hunting preserves or game
9325	farms or primarily for exhibition purposes in zoos, carnivals,
9326	circuses, and other such establishments where such species are
9327	kept primarily for display to the public.
9328	(5)(7)  Persons in violation of this section shall be
9329	punishable as provided in s. 379.401 372.83.
9330	Section 166.  Section 372.653, Florida Statutes, is
9331	renumbered as section 379.377, Florida Statutes, and amended to
9332	read:
9333	379.377 372.653  Tag fees for sale of Lake Okeechobee game
9334	fish Required tagging of fish; lakes in excess of 500 square
9335	miles; tag fee; game fish taken in lakes of 500 square miles or
9336	less.--The commission is authorized to assess a fee of not more
9337	than 5 cents per tag, payable at the time of delivery of the
9338	tag, for the purpose of allowing the sale of game fish taken
9339	commercially from Lake Okeechobee, as may be allowed by the
9340	commission.
9341	(1)(a)  No game fish taken from, or caught in, a lake in
9342	this state the area of which is in excess of 500 square miles
9343	shall be sold for consumption in this state unless it is tagged
9344	in the manner required by the Fish and Wildlife Conservation
9345	Commission. Bass or pickerel taken by any method other than hook
9346	and line shall be returned immediately to the water. Trawls and
9347	haul seines shall not be operated within 1 mile of rooted
9348	aquatic vegetation.
9349	(b)  In order that such program of tagging be self-
9350	sufficient, the Fish and Wildlife Conservation Commission is
9351	authorized to assess a fee of not more than 5 cents per tag,
9352	payable at the time of delivery of the tag.
9353	(2)  No freshwater game fish shall be taken from a lake in
9354	this state the area of which is 500 square miles or less other
9355	than with pole and line; rod and reel; or plug, bob, spinner,
9356	spoon, or other artificial bait or lure.
9357	(3)  No freshwater game fish taken from a lake in this
9358	state the area of which is 500 square miles or less shall be
9359	offered for sale or sold.
9360	Section 167.  Part VIII of chapter 379, Florida Statutes,
9361	consisting of sections 379.401, 379.4015, 379.402, 379.403,
9362	379.404, 379.405, 379.406, 379.407, 379.408, 379.409, 379.411,
9363	379.4115, 379.412, 379.413, and 379.414, is created to read:
9364	PART VIII
9365	PENALTIES
9366
9367	Section 168.  Section 372.83, Florida Statutes, is
9368	renumbered as section 379.401, Florida Statutes, and amended to
9369	read:
9370	379.401 372.83  Penalties and violations; civil penalties
9371	for noncriminal infractions; criminal penalties; suspension and
9372	forfeiture of licenses and permits.--
9373	(1)(a)  LEVEL ONE VIOLATIONS.--A person commits a Level One
9374	violation if he or she violates any of the following provisions:
9375	1.  Rules or orders of the commission relating to the
9376	filing of reports or other documents required to be filed by
9377	persons who hold recreational licenses and permits issued by the
9378	commission.
9379	2.  Rules or orders of the commission relating to quota
9380	hunt permits, daily use permits, hunting zone assignments,
9381	camping, alcoholic beverages, vehicles, and check stations
9382	within wildlife management areas or other areas managed by the
9383	commission.
9384	3.  Rules or orders of the commission relating to daily use
9385	permits, alcoholic beverages, swimming, possession of firearms,
9386	operation of vehicles, and watercraft speed within fish
9387	management areas managed by the commission.
9388	4.  Rules or orders of the commission relating to vessel
9389	size or specifying motor restrictions on specified water bodies.
9390	5.  Section 379.355 370.063, providing for special
9391	recreational spiny lobster licenses.
9392	6.  Section 379.354(1)-(15) 372.57(1)-(15), providing for
9393	recreational licenses to hunt, fish, and trap.
9394	7.  Section 379.3581 372.5717, providing hunter safety
9395	course requirements.
9396	8.  Section 379.3003 372.988, prohibiting deer hunting
9397	unless required clothing is worn.
9398	(b)  A person who commits a Level One violation commits a
9399	noncriminal infraction and shall be cited to appear before the
9400	county court.
9401	(c)1.  The civil penalty for committing a Level One
9402	violation involving the license and permit requirements of s.
9403	379.354 372.57 is $50 plus the cost of the license or permit,
9404	unless subparagraph 2. applies.
9405	2.  The civil penalty for committing a Level One violation
9406	involving the license and permit requirements of s. 379.354
9407	372.57 is $100 plus the cost of the license or permit if the
9408	person cited has previously committed the same Level One
9409	violation within the preceding 36 months.
9410	(d)1.  The civil penalty for any other Level One violation
9411	is $50 unless subparagraph 2. applies.
9412	2.  The civil penalty for any other Level One violation is
9413	$100 if the person cited has previously committed the same Level
9414	One violation within the preceding 36 months.
9415	(e)  A person cited for a Level One violation shall sign
9416	and accept a citation to appear before the county court. The
9417	issuing officer may indicate on the citation the time and
9418	location of the scheduled hearing and shall indicate the
9419	applicable civil penalty.
9420	(f)  A person cited for a Level One violation may pay the
9421	civil penalty by mail or in person within 30 days after receipt
9422	of the citation. If the civil penalty is paid, the person shall
9423	be deemed to have admitted committing the Level One violation
9424	and to have waived his or her right to a hearing before the
9425	county court. Such admission may not be used as evidence in any
9426	other proceedings except to determine the appropriate fine for
9427	any subsequent violations.
9428	(g)  A person who refuses to accept a citation, who fails
9429	to pay the civil penalty for a Level One violation, or who fails
9430	to appear before a county court as required commits a
9431	misdemeanor of the second degree, punishable as provided in s.
9432	775.082 or s. 775.083.
9433	(h)  A person who elects to appear before the county court
9434	or who is required to appear before the county court shall be
9435	deemed to have waived the limitations on civil penalties
9436	provided under paragraphs (c) and (d). After a hearing, the
9437	county court shall determine if a Level One violation has been
9438	committed, and if so, may impose a civil penalty of not less
9439	than $50 for a first-time violation, and not more than $500 for
9440	subsequent violations. A person found guilty of committing a
9441	Level One violation may appeal that finding to the circuit
9442	court. The commission of a violation must be proved beyond a
9443	reasonable doubt.
9444	(i)  A person cited for violating the requirements of s.
9445	379.354 372.57 relating to personal possession of a license or
9446	permit may not be convicted if, prior to or at the time of a
9447	county court hearing, the person produces the required license
9448	or permit for verification by the hearing officer or the court
9449	clerk. The license or permit must have been valid at the time
9450	the person was cited. The clerk or hearing officer may assess a
9451	$5 fee for costs under this paragraph.
9452	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
9453	violation if he or she violates any of the following provisions:
9454	1.  Rules or orders of the commission relating to seasons
9455	or time periods for the taking of wildlife, freshwater fish, or
9456	saltwater fish.
9457	2.  Rules or orders of the commission establishing bag,
9458	possession, or size limits or restricting methods of taking
9459	wildlife, freshwater fish, or saltwater fish.
9460	3.  Rules or orders of the commission prohibiting access or
9461	otherwise relating to access to wildlife management areas or
9462	other areas managed by the commission.
9463	4.  Rules or orders of the commission relating to the
9464	feeding of wildlife, freshwater fish, or saltwater fish.
9465	5.  Rules or orders of the commission relating to landing
9466	requirements for freshwater fish or saltwater fish.
9467	6.  Rules or orders of the commission relating to
9468	restricted hunting areas, critical wildlife areas, or bird
9469	sanctuaries.
9470	7.  Rules or orders of the commission relating to tagging
9471	requirements for game and fur-bearing animals.
9472	8.  Rules or orders of the commission relating to the use
9473	of dogs for the taking of game.
9474	9.  Rules or orders of the commission which are not
9475	otherwise classified.
9476	10.  Rules or orders of the commission prohibiting the
9477	unlawful use of finfish traps.
9478	11.10.  All prohibitions in this chapter 370 which are not
9479	otherwise classified.
9480	12. 11.  Section 379.33 370.028, prohibiting the violation
9481	of or noncompliance with commission rules.
9482	13. 12.  Section 379.407(6) 370.021(6) prohibiting the
9483	sale, purchase, harvest, or attempted harvest of any saltwater
9484	product with intent to sell.
9485	14. 13.  Section 379.2421 370.08, prohibiting the
9486	obstruction of waterways with net gear.
9487	14.  Section 370.1105, prohibiting the unlawful use of
9488	finfish traps.
9489	15.  Section 379.413 370.1121, prohibiting the unlawful
9490	taking of bonefish.
9491	16.  Section 379.365(2)(a) and (b) 370.13(2)(a) and (b),
9492	prohibiting the possession or use of stone crab traps without
9493	trap tags and theft of trap contents or gear.
9494	17.  Section 379.366 (4)(b) 370.135(4)(b), prohibiting the
9495	theft of blue crab trap contents or trap gear.
9496	18.  Section 379.3671(2)(c) 370.142 (2)(c), prohibiting the
9497	possession or use of spiny lobster traps without trap tags or
9498	certificates and theft of trap contents or trap gear.
9499	19.  Section 379.357 372.5704, prohibiting the possession
9500	of tarpon without purchasing a tarpon tag.
9501	20.  Section 379.409 372.667, prohibiting the feeding or
9502	enticement of alligators or crocodiles.
9503	21.  Section 379.105 372.705, prohibiting the intentional
9504	harassment of hunters, fishers, or trappers.
9505	(b)1.  A person who commits a Level Two violation but who
9506	has not been convicted of a Level Two or higher violation within
9507	the past 3 years commits a misdemeanor of the second degree,
9508	punishable as provided in s. 775.082 or s. 775.083.
9509	2.  Unless the stricter penalties in subparagraph 3. or
9510	subparagraph 4. apply, a person who commits a Level Two
9511	violation within 3 years after a previous conviction for a Level
9512	Two or higher violation commits a misdemeanor of the first
9513	degree, punishable as provided in s. 775.082 or s. 775.083, with
9514	a minimum mandatory fine of $250.
9515	3.  Unless the stricter penalties in subparagraph 4. apply,
9516	a person who commits a Level Two violation within 5 years after
9517	two previous convictions for a Level Two or higher violation,
9518	commits a misdemeanor of the first degree, punishable as
9519	provided in s. 775.082 or s. 775.083, with a minimum mandatory
9520	fine of $500 and a suspension of any recreational license or
9521	permit issued under s. 379.354 372.57 for 1 year. Such
9522	suspension shall include the suspension of the privilege to
9523	obtain such license or permit and the suspension of the ability
9524	to exercise any privilege granted under any exemption in s.
9525	379.353 372.562.
9526	4.  A person who commits a Level Two violation within 10
9527	years after three previous convictions for a Level Two or higher
9528	violation commits a misdemeanor of the first degree, punishable
9529	as provided in s. 775.082 or s. 775.083, with a minimum
9530	mandatory fine of $750 and a suspension of any recreational
9531	license or permit issued under s. 379.354 372.57 for 3 years.
9532	Such suspension shall include the suspension of the privilege to
9533	obtain such license or permit and the suspension of the ability
9534	to exercise any privilege granted under s. 379.353 372.562. If
9535	the recreational license or permit being suspended was an annual
9536	license or permit, any privileges under ss. 379.353 and 379.354
9537	372.562 and 372.57 may not be acquired for a 3-year period
9538	following the date of the violation.
9539	(3)(a)  LEVEL THREE VIOLATIONS.--A person commits a Level
9540	Three violation if he or she violates any of the following
9541	provisions:
9542	1.  Rules or orders of the commission prohibiting the sale
9543	of saltwater fish.
9544	2.  Rules or orders of the commission prohibiting the
9545	illegal importation or possession of exotic marine plants or
9546	animals.
9547	3. 2.  Section 379.407(2) 370.021(2), establishing major
9548	violations.
9549	4. 3.  Section 379.407(4) 370.021(4), prohibiting the
9550	possession of certain finfish in excess of recreational daily
9551	bag limits.
9552	4.  Section 370.081, prohibiting the illegal importation or
9553	possession of exotic marine plants or animals.
9554	5.  Section 379.28 372.26, prohibiting the importation of
9555	freshwater fish.
9556	6.  Section 379.231 372.265, prohibiting the importation of
9557	nonindigenous species of the animal kingdom without a permit
9558	issued by the commission.
9559	7.  Section 379.354(17) 372.57(17), prohibiting the taking
9560	of game, freshwater fish, or saltwater fish while a required
9561	license is suspended or revoked.
9562	8.  Section 379.3014 372.662, prohibiting the illegal sale
9563	or possession of alligators.
9564	9.  Section 379.404(1), (3), and (6) 372.99(1), (3), and
9565	(6), prohibiting the illegal taking and possession of deer and
9566	wild turkey.
9567	10.  Section 379.406 372.9903, prohibiting the possession
9568	and transportation of commercial quantities of freshwater game
9569	fish.
9570	(b)1.  A person who commits a Level Three violation but who
9571	has not been convicted of a Level Three or higher violation
9572	within the past 10 years commits a misdemeanor of the first
9573	degree, punishable as provided in s. 775.082 or s. 775.083.
9574	2.  A person who commits a Level Three violation within 10
9575	years after a previous conviction for a Level Three or higher
9576	violation commits a misdemeanor of the first degree, punishable
9577	as provided in s. 775.082 or s. 775.083, with a minimum
9578	mandatory fine of $750 and a suspension of any recreational
9579	license or permit issued under s. 379.354 372.57 for the
9580	remainder of the period for which the license or permit was
9581	issued up to 3 years. Such suspension shall include the
9582	suspension of the privilege to obtain such license or permit and
9583	the ability to exercise any privilege granted under s. 379.353
9584	372.562. If the recreational license or permit being suspended
9585	was an annual license or permit, any privileges under ss.
9586	379.353 and 379.354 372.562 and 372.57 may not be acquired for a
9587	3-year period following the date of the violation.
9588	3.  A person who commits a violation of s. 379.354(17)
9589	372.57(17) shall receive a mandatory fine of $1,000. Any
9590	privileges under ss. 379.353 and 379.354 372.562 and 372.57 may
9591	not be acquired for a 5-year period following the date of the
9592	violation.
9593	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
9594	Four violation if he or she violates any of the following
9595	provisions:
9596	1.  Section 379.365(2)(c) 370.13(2)(c), prohibiting
9597	criminal activities relating to the taking of stone crabs.
9598	2.  Section 379.366(4)(c) 370.135(4)(c), prohibiting
9599	criminal activities relating to the taking and harvesting of
9600	blue crabs.
9601	3.  Section 379.367(4) 370.14(4), prohibiting the willful
9602	molestation of spiny lobster gear.
9603	4.  Section 379.3671(2)(c)5. 370.142(2)(c)5., prohibiting
9604	the unlawful reproduction, possession, sale, trade, or barter of
9605	spiny lobster trap tags or certificates.
9606	5.  Section 379.354(16) 372.57(16), prohibiting the making,
9607	forging, counterfeiting, or reproduction of a recreational
9608	license or possession of same without authorization from the
9609	commission.
9610	6.  Section 379.404(5) 372.99(5), prohibiting the sale of
9611	illegally-taken deer or wild turkey.
9612	7.  Section 379.405 372.99022, prohibiting the molestation
9613	or theft of freshwater fishing gear.
9614	(b)  A person who commits a Level Four violation commits a
9615	felony of the third degree, punishable as provided in s. 775.082
9616	or s. 775.083.
9617	(5)  VIOLATIONS OF CHAPTER.--Except as provided in this
9618	chapter:
9619	(a)  A person who commits a violation of any provision of
9620	this chapter commits, for the first offense, a misdemeanor of
9621	the second degree, punishable as provided in s. 775.082 or s.
9622	775.083.
9623	(b)  A person who is convicted of a second or subsequent
9624	violation of any provision of this chapter commits a misdemeanor
9625	of the first degree, punishable as provided in s. 775.082 or s.
9626	775.083.
9627	(6)  SUSPENSION OR FORFEITURE OF LICENSE.--The court may
9628	order the suspension or forfeiture of any license or permit
9629	issued under this chapter to a person who is found guilty of
9630	committing a violation of this chapter.
9631	(7)  CONVICTION DEFINED.--As used in this section, the term
9632	"conviction" means any judicial disposition other than acquittal
9633	or dismissal.
9634	Section 169.  Section 372.935, Florida Statutes, is
9635	renumbered as section 379.4015, Florida Statutes, and amended to
9636	read:
9637	379.4015 372.935  Captive wildlife penalties.--
9638	(1)  LEVEL ONE.--Unless otherwise provided by law, the
9639	following classifications and penalties apply:
9640	(a)  A person commits a Level One violation if he or she
9641	violates any of the following provisions:
9642	1.  Rules or orders of the commission requiring free
9643	permits or other authorizations to possess captive wildlife.
9644	2.  Rules or orders of the commission relating to the
9645	filing of reports or other documents required of persons who are
9646	licensed to possess captive wildlife.
9647	3.  Rules or orders of the commission requiring permits to
9648	possess captive wildlife for which a fee is charged, when the
9649	person being charged was issued the permit and the permit has
9650	expired less than 1 year prior to the violation.
9651	(b)  Any person cited for committing any offense classified
9652	as a Level One violation commits a noncriminal infraction,
9653	punishable as provided in this section.
9654	(c)  Any person cited for committing a noncriminal
9655	infraction specified in paragraph (a) shall be cited to appear
9656	before the county court. The civil penalty for any noncriminal
9657	infraction is $50 if the person cited has not previously been
9658	found guilty of a Level One violation and $250 if the person
9659	cited has previously been found guilty of a Level One violation,
9660	except as otherwise provided in this subsection. Any person
9661	cited for failing to have a required permit or license shall pay
9662	an additional civil penalty in the amount of the license fee
9663	required.
9664	(d)  Any person cited for an infraction under this
9665	subsection may:
9666	1.  Post a bond, which shall be equal in amount to the
9667	applicable civil penalty; or
9668	2.  Sign and accept a citation indicating a promise to
9669	appear before the county court. The officer may indicate on the
9670	citation the time and location of the scheduled hearing and
9671	shall indicate the applicable civil penalty.
9672	(e)  Any person charged with a noncriminal infraction under
9673	this subsection may:
9674	1.  Pay the civil penalty, either by mail or in person,
9675	within 30 days after the date of receiving the citation; or
9676	2.  If the person has posted bond, forfeit bond by not
9677	appearing at the designated time and location.
9678	(f)  If the person cited follows either of the procedures
9679	in subparagraph (e)1. or subparagraph (e)2., he or she shall be
9680	deemed to have admitted the infraction and to have waived his or
9681	her right to a hearing on the issue of commission of the
9682	infraction. Such admission shall not be used as evidence in any
9683	other proceedings except to determine the appropriate fine for
9684	any subsequent violations.
9685	(g)  Any person who willfully refuses to post bond or
9686	accept and sign a summons commits a misdemeanor of the second
9687	degree, punishable as provided in s. 775.082 or s. 775.083. Any
9688	person who fails to pay the civil penalty specified in this
9689	subsection within 30 days after being cited for a noncriminal
9690	infraction or to appear before the court pursuant to this
9691	subsection commits a misdemeanor of the second degree,
9692	punishable as provided in s. 775.082 or s. 775.083.
9693	(h)  Any person electing to appear before the county court
9694	or who is required to appear shall be deemed to have waived the
9695	limitations on the civil penalty specified in paragraph (c). The
9696	court, after a hearing, shall make a determination as to whether
9697	an infraction has been committed. If the commission of an
9698	infraction has been proven, the court may impose a civil penalty
9699	not less than those amounts in paragraph (c) and not to exceed
9700	$500.
9701	(i)  At a hearing under this chapter, the commission of a
9702	charged infraction must be proved beyond a reasonable doubt.
9703	(j)  If a person is found by the hearing official to have
9704	committed an infraction, she or he may appeal that finding to
9705	the circuit court.
9706	(2)  LEVEL TWO.--Unless otherwise provided by law, the
9707	following classifications and penalties apply:
9708	(a)  A person commits a Level Two violation if he or she
9709	violates any of the following provisions:
9710	1.  Unless otherwise stated in subsection (1), rules or
9711	orders of the commission that require a person to pay a fee to
9712	obtain a permit to possess captive wildlife or that require the
9713	maintenance of records relating to captive wildlife.
9714	2.  Rules or orders of the commission relating to captive
9715	wildlife not specified in subsection (1) or subsection (3).
9716	3.  Rules or orders of the commission that require housing
9717	of wildlife in a safe manner when a violation results in an
9718	escape of wildlife other than Class I wildlife.
9719	4.  Section 379.372 372.86, relating to capturing, keeping,
9720	possessing, transporting, or exhibiting venomous reptiles or
9721	reptiles of concern.
9722	5.  Section 379.373 372.87, relating to requiring a license
9723	or permit for the capturing, keeping, possessing, or exhibiting
9724	of venomous reptiles or reptiles of concern.
9725	6.  Section 379.374 372.88, relating to bonding
9726	requirements for public exhibits of venomous reptiles.
9727	7.  Section 379.305 372.92, relating to commission rules
9728	and regulations to prevent the escape of venomous reptiles or
9729	reptiles of concern.
9730	8.  Section 379.304 372.921, relating to exhibition or sale
9731	of wildlife.
9732	9.  Section 379.3762 372.922, relating to personal
9733	possession of wildlife.
9734	(b)  A person who commits any offense classified as a Level
9735	Two violation and who has not been convicted of a Level Two or
9736	higher violation within the past 3 years commits a misdemeanor
9737	of the second degree, punishable as provided in s. 775.082 or s.
9738	775.083.
9739	(c)  Unless otherwise stated in this subsection, a person
9740	who commits any offense classified as a Level Two violation
9741	within a 3-year period of any previous conviction of a Level Two
9742	or higher violation commits a misdemeanor of the first degree,
9743	punishable as provided in s. 775.082 or s. 775.083 with a
9744	minimum mandatory fine of $250.
9745	(d)  Unless otherwise stated in this subsection, a person
9746	who commits any offense classified as a Level Two violation
9747	within a 5-year period of any two previous convictions of Level
9748	Two or higher violations commits a misdemeanor of the first
9749	degree, punishable as provided in s. 775.082 or s. 775.083, with
9750	a minimum mandatory fine of $500 and a suspension of all
9751	licenses issued under this chapter related to captive wildlife
9752	for 1 year.
9753	(e)  A person who commits any offense classified as a Level
9754	Two violation within a 10-year period of any three previous
9755	convictions of Level Two or higher violations commits a
9756	misdemeanor of the first degree, punishable as provided in s.
9757	775.082 or s. 775.083, with a minimum mandatory fine of $750 and
9758	a suspension of all licenses issued under this chapter related
9759	to captive wildlife for 3 years.
9760	(3)  LEVEL THREE.--Unless otherwise provided by law, the
9761	following classifications and penalties apply:
9762	(a)  A person commits a Level Three violation if he or she
9763	violates any of the following provisions:
9764	1.  Rules or orders of the commission that require housing
9765	of wildlife in a safe manner when a violation results in an
9766	escape of Class I wildlife.
9767	2.  Rules or orders of the commission related to captive
9768	wildlife when the violation results in serious bodily injury to
9769	another person by captive wildlife that consists of a physical
9770	condition that creates a substantial risk of death, serious
9771	personal disfigurement, or protracted loss or impairment of the
9772	function of any bodily member or organ.
9773	3.  Rules or orders of the commission relating to the use
9774	of gasoline or other chemical or gaseous substances on wildlife.
9775	4.  Rules or orders of the commission prohibiting the
9776	release of wildlife for which only conditional possession is
9777	allowed.
9778	5.  Rules or orders of the commission prohibiting knowingly
9779	entering false information on an application for a license or
9780	permit when the license or permit is to possess wildlife in
9781	captivity.
9782	6.  Rules or orders of the commission, relating to the
9783	illegal importation and possession of nonindigenous marine
9784	plants and animals.
9785	7.  Rules or orders of the commission relating to the
9786	importation, possession, or release of fish and wildlife for
9787	which possession is prohibited.
9788	8. 6.  Section 379.231 372.265, relating to illegal
9789	importation or introduction of foreign wildlife.
9790	7.  Section 370.081, relating to the illegal importation
9791	and possession of nonindigenous marine plants and animals.
9792	9. 8.  Section 379.305 372.92, relating to release or
9793	escape of nonnative venomous reptiles or reptiles of concern.
9794	9.  Rules or orders of the commission relating to the
9795	importation, possession, or release of fish and wildlife for
9796	which possession is prohibited.
9797	(b)1.  A person who commits any offense classified as a
9798	Level Three violation and who has not been convicted of a Level
9799	Three or higher violation within the past 10 years commits a
9800	misdemeanor of the first degree, punishable as provided in s.
9801	775.082 or s. 775.083.
9802	2.  A person who commits any offense classified as a Level
9803	Three violation within a 10-year period of any previous
9804	conviction of a Level Three or higher violation commits a
9805	misdemeanor of the first degree, punishable as provided in s.
9806	775.082 or s. 775.083, with a minimum mandatory fine of $750 and
9807	permanent revocation of all licenses or permits to possess
9808	captive wildlife issued under this chapter.
9809	(4)  LEVEL FOUR.--Unless otherwise provided by law, the
9810	following classifications and penalties apply:
9811	(a)  A person commits a Level Four violation if he or she
9812	violates any Level Three provision after the permanent
9813	revocation of a license or permit.
9814	(b)  A person who commits any offense classified as a Level
9815	Four violation commits a felony of the third degree, punishable
9816	as provided in s. 775.082 or s. 775.083.
9817	(5)  SUSPENSION OR REVOCATION OF LICENSE.--The court may
9818	order the suspension or revocation of any license or permit
9819	issued to a person to possess captive wildlife pursuant to this
9820	chapter if that person commits a criminal offense or a
9821	noncriminal infraction as specified under this section.
9822	(6)  CONVICTION DEFINED.--For purposes of this section, the
9823	term "conviction" means any judicial disposition other than
9824	acquittal or dismissal.
9825	(7)  COMMISSION LIMITATIONS.--Nothing in this section shall
9826	limit the commission from suspending or revoking any license to
9827	possess wildlife in captivity by administrative action in
9828	accordance with chapter 120. For purposes of administrative
9829	action, a conviction of a criminal offense shall mean any
9830	judicial disposition other than acquittal or dismissal.
9831	Section 170.  Section 370.1107, Florida Statutes, is
9832	renumbered as section 379.402, Florida Statutes, to read:
9833	379.402 370.1107  Definition; possession of certain
9834	licensed traps prohibited; penalties; exceptions; consent.--
9835	(1)  As used in this section, the term "licensed saltwater
9836	fisheries trap" means any trap required to be licensed by the
9837	Fish and Wildlife Conservation Commission and authorized by the
9838	commission for the taking of saltwater products.
9839	(2)  It is unlawful for any person, firm, corporation, or
9840	association to be in actual or constructive possession of a
9841	licensed saltwater fisheries trap registered with the Fish and
9842	Wildlife Conservation Commission in another person's, firm's,
9843	corporation's, or association's name.
9844	(a)  Unlawful possession of less than three licensed
9845	saltwater fisheries traps is a misdemeanor of the first degree,
9846	punishable as provided in s. 775.082 or s. 775.083.
9847	(b)  Unlawful possession of three or more licensed
9848	saltwater fisheries traps is a felony of the third degree,
9849	punishable as provided in s. 775.082 or s. 775.083.
9850	(c)  Upon receipt of any judicial disposition other than
9851	dismissal or acquittal on a charge of violating this section or
9852	any provision of law or rule making unlawful the possession of
9853	another's saltwater fishing trap, a person shall permanently
9854	lose all saltwater fishing privileges, including licenses, trap
9855	certificates, and the ability to transfer trap certificates.
9856	(3)  It is unlawful for any person, firm, corporation, or
9857	association to possess, attempt to possess, interfere with,
9858	attempt to interfere with, or remove live bait from a live bait
9859	trap or cage of another person, firm, corporation, or
9860	association. Unlawful possession of one or more live bait traps
9861	or cages is a misdemeanor of the first degree, punishable as
9862	provided in s. 775.082 or s. 775.083.
9863	(4)  This section shall not apply to the agents or
9864	employees of the registered owner of the licensed saltwater
9865	fisheries trap or to a person, firm, corporation, or association
9866	who has the written consent from the owner of the licensed
9867	saltwater fisheries trap, to possess such licensed saltwater
9868	fisheries trap, or to agents or employees of the Fish and
9869	Wildlife Conservation Commission who are engaged in the removal
9870	of traps during the closed season.
9871	(5)  The registered owner of the licensed saltwater
9872	fisheries trap shall provide the Fish and Wildlife Conservation
9873	Commission with the names of any agents, employees, or any other
9874	person, firm, company, or association to whom the registered
9875	owner has given consent to possess said licensed saltwater
9876	fisheries trap.
9877	Section 171.  Section 372.7015, Florida Statutes, is
9878	renumbered as section 379.403, Florida Statutes, and amended to
9879	read:
9880	379.403 372.7015  Illegal killing, taking, possessing, or
9881	selling wildlife or game; fines; disposition of fines.--In
9882	addition to any other penalty provided by law, any person who
9883	violates the criminal provisions of this chapter and rules
9884	adopted pursuant to this chapter by illegally killing, taking,
9885	possessing, or selling game or fur-bearing animals as defined in
9886	s. 379.101 (19) or (20) 372.001(10) or (11) in or out of season
9887	while violating chapter 810 shall pay a fine of $250 for each
9888	such violation, plus court costs and any restitution ordered by
9889	the court. All fines collected under this section shall be
9890	remitted by the clerk of the court to the Department of Revenue
9891	to be deposited into the Fish and Wildlife Conservation
9892	Commission's State Game Trust Fund.
9893	Section 172.  Section 372.99, Florida Statutes, is
9894	renumbered as section 379.404, Florida Statutes, and amended to
9895	read:
9896	379.404 372.99  Illegal taking and possession of deer and
9897	wild turkey; evidence; penalty.--
9898	(1)  Whoever takes or kills any deer or wild turkey, or
9899	possesses a freshly killed deer or wild turkey, during the
9900	closed season prescribed by law or by the rules and regulations
9901	of the Fish and Wildlife Conservation Commission, or whoever
9902	takes or attempts to take any deer or wild turkey by the use of
9903	gun and light in or out of closed season, commits a Level Three
9904	violation under s. 379.401 372.83 and shall forfeit any license
9905	or permit issued to her or him under the provisions of this
9906	chapter. No license shall be issued to such person for a period
9907	of 3 years following any such violation on the first offense.
9908	Any person guilty of a second or subsequent violation shall be
9909	permanently ineligible for issuance of a license or permit
9910	thereafter.
9911	(2)  The display or use of a light in a place where deer
9912	might be found and in a manner capable of disclosing the
9913	presence of deer, together with the possession of firearms or
9914	other weapons customarily used for the taking of deer, between 1
9915	hour after sunset and 1 hour before sunrise, shall be prima
9916	facie evidence of an intent to violate the provisions of
9917	subsection (1). This subsection does not apply to an owner or
9918	her or his employee when patrolling or inspecting the land of
9919	the owner, provided the employee has satisfactory proof of
9920	employment on her or his person.
9921	(3)  Whoever takes or kills any doe deer; fawn or baby
9922	deer; or deer, whether male or female, which does not have one
9923	or more antlers at least 5 inches in length, except as provided
9924	by law or the rules of the Fish and Wildlife Conservation
9925	Commission, during the open season prescribed by the rules of
9926	the commission, commits a Level Three violation under s. 379.401
9927	372.83 and may be required to forfeit any license or permit
9928	issued to such person for a period of 3 years following any such
9929	violation on the first offense. Any person guilty of a second or
9930	subsequent violation shall be permanently ineligible for
9931	issuance of a license or permit thereafter.
9932	(4)  Any person who cultivates agricultural crops may apply
9933	to the Fish and Wildlife Conservation Commission for a permit to
9934	take or kill deer on land which that person is currently
9935	cultivating. When said person can show, to the satisfaction of
9936	the Fish and Wildlife Conservation Commission, that such taking
9937	or killing of deer is justified because of damage to the
9938	person's crops caused by deer, the Fish and Wildlife
9939	Conservation Commission may issue a limited permit to the
9940	applicant to take or kill deer without being in violation of
9941	subsection (1) or subsection (3).
9942	(5)  Whoever possesses for sale or sells deer or wild
9943	turkey taken in violation of this chapter or the rules and
9944	regulations of the commission commits a Level Four violation
9945	under s. 379.401 372.83.
9946	(6)  Any person who enters upon private property and shines
9947	lights upon such property, without the express permission of the
9948	owner of the property and with the intent to take deer by
9949	utilizing such shining lights, commits a Level Three violation
9950	under s. 379.401 372.83.
9951	Section 173.  Section 372.99022, Florida Statutes, is
9952	renumbered as section 379.405, Florida Statutes, and amended to
9953	read:
9954	379.405 372.99022  Illegal molestation of or theft from
9955	freshwater fishing gear.--
9956	(1)(a)  Any person, firm, or corporation that willfully
9957	molests any authorized and lawfully permitted freshwater fishing
9958	gear belonging to another without the express written consent of
9959	the owner commits a Level Four violation under s. 379.401
9960	372.83. Any written consent must be available for immediate
9961	inspection.
9962	(b)  Any person, firm, or corporation that willfully
9963	removes the contents of any authorized and lawfully permitted
9964	freshwater fishing gear belonging to another without the express
9965	written consent of the owner commits a Level Four violation
9966	under s. 379.401 372.83. Any written consent must be available
9967	for immediate inspection.
9968
9969	A person, firm, or corporation that receives a citation for a
9970	violation of this subsection is prohibited, immediately upon
9971	receipt of such citation and until adjudicated or convicted of a
9972	felony under this subsection, from transferring any
9973	endorsements.
9974	(2)  Any person, firm, or corporation convicted pursuant to
9975	subsection (1) of removing the contents of freshwater fishing
9976	gear without the express written consent of the owner shall
9977	permanently lose all of his or her freshwater and saltwater
9978	fishing privileges, including his or her recreational and
9979	commercial licenses and endorsements, and shall be assessed an
9980	administrative penalty of not more than $5,000. The endorsements
9981	of such person, firm, or corporation are not transferable.
9982	(3)  For purposes of this section, the term "freshwater
9983	fishing gear" means haul seines, slat baskets, wire traps, hoop
9984	nets, or pound nets, and includes the lines or buoys attached
9985	thereto.
9986	Section 174.  Section 372.9903, Florida Statutes, is
9987	renumbered as section 379.406, Florida Statutes, and amended to
9988	read:
9989	379.406 372.9903  Illegal possession or transportation of
9990	freshwater game fish in commercial quantities; penalty.--
9991	(1)  Whoever possesses, moves, or transports any black
9992	bass, bream, speckled perch, or other freshwater game fish in
9993	commercial quantities in violation of law or the rules of the
9994	Fish and Wildlife Conservation Commission commits a Level Three
9995	violation under s. 379.401 372.83.
9996	(2)  For the purposes of this section "commercial
9997	quantities" shall be deemed to be a quantity of freshwater game
9998	fish of 150 or more pounds, and the possession, movement, or
9999	transportation of freshwater game fish in excess of such weight
10000	shall constitute prima facie evidence of possession or
10001	transportation for commercial purposes.
10002	Section 175.  Subsections (1), (2), (3), (4), (5), (6),
10003	(11), and (12) of section 370.021, Florida Statutes, are
10004	renumbered as section 379.407, Florida Statutes, and amended to
10005	read:
10006	379.407 370.021  Administration; rules, publications,
10007	records; penalties; injunctions.--
10008	(1)  BASE PENALTIES.--Unless otherwise provided by law, any
10009	person, firm, or corporation who violates any provision of this
10010	chapter, or any rule of the Fish and Wildlife Conservation
10011	Commission relating to the conservation of marine resources,
10012	shall be punished:
10013	(a)  Upon a first conviction, by imprisonment for a period
10014	of not more than 60 days or by a fine of not less than $100 nor
10015	more than $500, or by both such fine and imprisonment.
10016	(b)  On a second or subsequent conviction within 12 months,
10017	by imprisonment for not more than 6 months or by a fine of not
10018	less than $250 nor more than $1,000, or by both such fine and
10019	imprisonment.
10020
10021	Upon final disposition of any alleged offense for which a
10022	citation for any violation of this chapter or the rules of the
10023	commission has been issued, the court shall, within 10 days,
10024	certify the disposition to the commission.
10025	(2)  MAJOR VIOLATIONS.--In addition to the penalties
10026	provided in paragraphs (1)(a) and (b), the court shall assess
10027	additional penalties against any commercial harvester convicted
10028	of major violations as follows:
10029	(a)  For a violation involving more than 100 illegal blue
10030	crabs, spiny lobster, or stone crabs, an additional penalty of
10031	$10 for each illegal blue crab, spiny lobster, stone crab, or
10032	part thereof.
10033	(b)1.  For a violation involving the taking or harvesting
10034	of shrimp from a nursery or other prohibited area, or any two
10035	violations within a 12-month period involving shrimping gear,
10036	minimum size (count), or season, an additional penalty of $10
10037	for each pound of illegal shrimp or part thereof.
10038	2.  For violations involving the taking of food shrimp in
10039	certain closed areas:
10040	a.  Any person with a saltwater products license issued by
10041	the commission who is convicted of taking food shrimp in Santa
10042	Rosa Sound in violation of commission rule designating a closed
10043	area shall have that license and the saltwater products license
10044	of the boat involved in the violation revoked and shall be
10045	ineligible to make application for such a license for a period
10046	of 2 years from the date of such conviction. If a person who
10047	does not have a saltwater products license is convicted
10048	hereunder, that person and the boat involved in the violation
10049	shall not be eligible for such a license for 5 years.
10050	b.  A third or subsequent violation by any person of the
10051	designated closure to food shrimping in Santa Rosa Sound within
10052	a 3-year period is a felony of the third degree, punishable as
10053	provided in s. 775.082, s. 775.083, or s. 775.084.
10054	c.  A second or any subsequent violation by any person for
10055	taking food shrimp in a food shrimp production closed area in a
10056	portion of Monroe County designated by the commission is a
10057	felony of the third degree, punishable as provided in s. 775.082
10058	or s. 775.083.
10059	d.  A third or any subsequent violation by the owner or
10060	master of any vessel engaged in food shrimp production in the
10061	Tortugas Shrimp Beds closed area designated by the commission
10062	within a 3-year period is a felony of the third degree,
10063	punishable as provided in s. 775.082 or s. 775.083.
10064	e.  This subparagraph does not apply to persons shrimping
10065	for live bait shrimp in the designated closed area when such
10066	persons are shrimping with a live bait shrimping license issued
10067	by the commission.
10068	3.  The owner or master of any vessel not equipped with
10069	live shrimp bait tanks dragging shrimp nets in the Tortugas
10070	Shrimp Beds without a live bait shrimping license for this area
10071	is subject to the base penalties in subsection (1) for a first
10072	or second violation. A third or subsequent violation by any
10073	person under this subparagraph within a 3-year period is a
10074	felony of the third degree, punishable as provided in s. 775.082
10075	or s. 775.083.
10076	(c)  For a violation involving the taking or harvesting of
10077	oysters from nonapproved areas or the taking or possession of
10078	unculled oysters, an additional penalty of $10 for each bushel
10079	of illegal oysters.
10080	(d)  For a violation involving the taking or harvesting of
10081	clams from nonapproved areas, an additional penalty of $100 for
10082	each 500 count bag of illegal clams.
10083	(e)  For a violation involving the taking, harvesting, or
10084	possession of any of the following species, which are
10085	endangered, threatened, or of special concern:
10086	1.  Shortnose sturgeon (Acipenser brevirostrum);
10087	2.  Atlantic sturgeon (Acipenser oxyrhynchus);
10088	3.  Common snook (Centropomus undecimalis);
10089	4.  Atlantic loggerhead turtle (Caretta caretta caretta);
10090	5.  Atlantic green turtle (Chelonia mydas mydas);
10091	6.  Leatherback turtle (Dermochelys coriacea);
10092	7.  Atlantic hawksbill turtle (Eretmochelys imbricata
10093	imbracata);
10094	8.  Atlantic ridley turtle (Lepidochelys kempi); or
10095	9.  West Indian manatee (Trichechus manatus latirostris),
10096
10097	an additional penalty of $100 for each unit of marine life or
10098	part thereof.
10099	(f)  For a second or subsequent conviction within 24 months
10100	for any violation of the same law or rule involving the taking
10101	or harvesting of more than 100 pounds of any finfish, an
10102	additional penalty of $5 for each pound of illegal finfish.
10103	(g)  For any violation involving the taking, harvesting, or
10104	possession of more than 1,000 pounds of any illegal finfish, an
10105	additional penalty equivalent to the wholesale value of the
10106	illegal finfish.
10107	(h)  Permits issued to any commercial harvester by the
10108	commission to take or harvest saltwater products, or any license
10109	issued pursuant to s. 379.361 370.06 or s. 379.362 370.07 may be
10110	suspended or revoked by the commission, pursuant to the
10111	provisions and procedures of s. 120.60, for any major violation
10112	prescribed in this subsection:
10113	1.  Upon a first conviction, for up to 30 calendar days.
10114	2.  Upon a second conviction which occurs within 12 months
10115	after a prior violation, for up to 90 calendar days.
10116	3.  Upon a third conviction which occurs within 24 months
10117	after a prior conviction, for up to 180 calendar days.
10118	4.  Upon a fourth conviction which occurs within 36 months
10119	after a prior conviction, for a period of 6 months to 3 years.
10120	(i)  Upon the arrest and conviction for a major violation
10121	involving stone crabs, the licenseholder must show just cause
10122	why his or her license should not be suspended or revoked. For
10123	the purposes of this paragraph, a "major violation" means a
10124	major violation as prescribed for illegal stone crabs; any
10125	single violation involving possession of more than 25 stone
10126	crabs during the closed season or possession of 25 or more
10127	whole-bodied or egg-bearing stone crabs; any violation for trap
10128	molestation, trap robbing, or pulling traps at night; or any
10129	combination of violations in any 3-consecutive-year period
10130	wherein more than 75 illegal stone crabs in the aggregate are
10131	involved.
10132	(j)  Upon the arrest and conviction for a major violation
10133	involving spiny lobster, the licenseholder must show just cause
10134	why his or her license should not be suspended or revoked. For
10135	the purposes of this paragraph, a "major violation" means a
10136	major violation as prescribed for illegal spiny lobster; any
10137	single violation involving possession of more than 25 spiny
10138	lobster during the closed season or possession of more than 25
10139	wrung spiny lobster tails or more than 25 egg-bearing or
10140	stripped spiny lobster; any violation for trap molestation, trap
10141	robbing, or pulling traps at night; or any combination of
10142	violations in any 3-consecutive-year period wherein more than 75
10143	illegal spiny lobster in the aggregate are involved.
10144	(k)  Upon the arrest and conviction for a major violation
10145	involving blue crabs, the licenseholder shall show just cause
10146	why his or her saltwater products license should not be
10147	suspended or revoked. This paragraph shall not apply to an
10148	individual fishing with no more than five traps. For the
10149	purposes of this paragraph, a "major violation" means a major
10150	violation as prescribed for illegal blue crabs, any single
10151	violation wherein 50 or more illegal blue crabs are involved;
10152	any violation for trap molestation, trap robbing, or pulling
10153	traps at night; or any combination of violations in any 3-
10154	consecutive-year period wherein more than 100 illegal blue crabs
10155	in the aggregate are involved.
10156	(l)  Upon the conviction for a major violation involving
10157	finfish, the licenseholder must show just cause why his or her
10158	saltwater products license should not be suspended or revoked.
10159	For the purposes of this paragraph, a major violation is
10160	prescribed for the taking and harvesting of illegal finfish, any
10161	single violation involving the possession of more than 100
10162	pounds of illegal finfish, or any combination of violations in
10163	any 3-consecutive-year period wherein more than 200 pounds of
10164	illegal finfish in the aggregate are involved.
10165	(m)  For a violation involving the taking or harvesting of
10166	any marine life species, as those species are defined by rule of
10167	the commission, the harvest of which is prohibited, or the
10168	taking or harvesting of such a species out of season, or with an
10169	illegal gear or chemical, or any violation involving the
10170	possession of 25 or more individual specimens of marine life
10171	species, or any combination of violations in any 3-year period
10172	involving more than 70 such specimens in the aggregate, the
10173	suspension or revocation of the licenseholder's marine life
10174	endorsement as provided in paragraph (h).
10175
10176	The penalty provisions of this subsection apply to commercial
10177	harvesters and wholesale and retail dealers as defined in s.
10178	379.362 370.07. Any other person who commits a major violation
10179	under this subsection commits a Level Three violation under s.
10180	379.401 372.83. Notwithstanding the provisions of s. 948.01, no
10181	court may suspend, defer, or withhold adjudication of guilt or
10182	imposition of sentence for any major violation prescribed in
10183	this subsection. The proceeds from the penalties assessed
10184	pursuant to this subsection shall be deposited into the Marine
10185	Resources Conservation Trust Fund to be used for marine
10186	fisheries research or into the commission's Federal Law
10187	Enforcement Trust Fund as provided in s. 372.107, as applicable.
10188	(3)  PENALTIES FOR USE OF ILLEGAL NETS.--
10189	(a)  It is a major violation pursuant to this section,
10190	punishable as provided in paragraph (b) for any person, firm, or
10191	corporation to be simultaneously in possession of any species of
10192	mullet in excess of the recreational daily bag limit and any
10193	gill or other entangling net as defined in s. 16(c), Art. X of
10194	the State Constitution. Simultaneous possession under this
10195	provision shall include possession of mullet and gill or other
10196	entangling nets on separate vessels or vehicles where such
10197	vessels or vehicles are operated in coordination with one
10198	another including vessels towed behind a main vessel. This
10199	subsection does not prohibit a resident of this state from
10200	transporting on land, from Alabama to this state, a commercial
10201	quantity of mullet together with a gill net if:
10202	1.  The person possesses a valid commercial fishing license
10203	that is issued by the State of Alabama and that allows the
10204	person to use a gill net to legally harvest mullet in commercial
10205	quantities from Alabama waters.
10206	2.  The person possesses a trip ticket issued in Alabama
10207	and filled out to match the quantity of mullet being
10208	transported, and the person is able to present such trip ticket
10209	immediately upon entering this state.
10210	3.  The mullet are to be sold to a wholesale saltwater
10211	products dealer located in Escambia County or Santa Rosa County,
10212	which dealer also possesses a valid seafood dealer's license
10213	issued by the State of Alabama. The dealer's name must be
10214	clearly indicated on the trip ticket.
10215	4.  The mullet being transported are totally removed from
10216	any net also being transported.
10217	(b)1.  A flagrant violation of any rule or statute which
10218	implements s. 16(b), Art. X of the State Constitution shall be
10219	considered a felony of the third degree, punishable as provided
10220	in s. 775.082 or s. 775.083. For purposes of this paragraph, a
10221	flagrant violation shall be the illegal possession or use of a
10222	monofilament net or a net with a mesh area larger than 2,000
10223	square feet. A violation means any judicial disposition other
10224	than acquittal or dismissal.
10225	2.  In addition to being subject to the other penalties
10226	provided in this chapter, any violation of s. 16(b), Art. X of
10227	the State Constitution, or any statute or rule of the commission
10228	which implements the gear prohibitions and restrictions
10229	specified therein shall be considered a major violation; and any
10230	person, firm, or corporation receiving any judicial disposition
10231	other than acquittal or dismissal of such violation shall be
10232	subject to the following additional penalties:
10233	a.  For a first major violation within a 7-year period, a
10234	civil penalty of $2,500 and suspension of all saltwater products
10235	license privileges for 90 calendar days following final
10236	disposition shall be imposed.
10237	b.  For a second major violation under this subparagraph
10238	charged within 7 years of a previous judicial disposition, which
10239	results in a second judicial disposition other than acquittal or
10240	dismissal, a civil penalty of $5,000 and suspension of all
10241	saltwater products license privileges for 12 months shall be
10242	imposed.
10243	c.  For a third or subsequent major violation under this
10244	subparagraph, charged within a 7-year period, resulting in a
10245	third or subsequent judicial disposition other than acquittal or
10246	dismissal, a civil penalty of $5,000, lifetime revocation of the
10247	saltwater products license, and forfeiture of all gear and
10248	equipment used in the violation shall be imposed.
10249	d.  For a first flagrant violation under this subparagraph,
10250	a civil penalty of $5,000 and a suspension of all saltwater
10251	license privileges for 12 months shall be imposed. For a second
10252	or subsequent flagrant violation under this subparagraph, a
10253	civil penalty of $5,000, a lifetime revocation of the saltwater
10254	products license, and the forfeiture of all gear and equipment
10255	used in the violation shall be imposed.
10256
10257	A court may suspend, defer, or withhold adjudication of guilt or
10258	imposition of sentence only for any first violation of s. 16,
10259	Art. X of the State Constitution, or any rule or statute
10260	implementing its restrictions, determined by a court only after
10261	consideration of competent evidence of mitigating circumstances
10262	to be a nonflagrant or minor violation of those restrictions
10263	upon the use of nets. Any violation of s. 16, Art. X of the
10264	State Constitution, or any rule or statute implementing its
10265	restrictions, occurring within a 7-year period commencing upon
10266	the conclusion of any judicial proceeding resulting in any
10267	outcome other than acquittal shall be punished as a second,
10268	third, or subsequent violation accordingly.
10269	(c)  During the period of suspension or revocation of
10270	saltwater license privileges under this subsection, the licensee
10271	shall not participate in the taking or harvesting, or attempt
10272	the taking or harvesting, of saltwater products from any vessel
10273	within the waters of the state; be aboard any vessel on which a
10274	commercial quantity of saltwater products is possessed through
10275	an activity requiring a license pursuant to this section; or
10276	engage in any other activity requiring a license, permit, or
10277	certificate issued pursuant to this chapter. Any person who is
10278	convicted of violating this paragraph:
10279	1.  Upon a first or second conviction, is guilty of a
10280	misdemeanor of the first degree, punishable as provided in s.
10281	775.082 or s. 775.083.
10282	2.  Upon a third or subsequent conviction, is guilty of a
10283	felony of the third degree, punishable as provided in s.
10284	775.082, s. 775.083, or s. 775.084.
10285	(d)  Upon reinstatement of saltwater license privileges
10286	suspended pursuant to a violation of this subsection, a licensee
10287	owning or operating a vessel containing or otherwise
10288	transporting in or on Florida waters any gill net or other
10289	entangling net, or containing or otherwise transporting in
10290	nearshore and inshore Florida waters any net containing more
10291	than 500 square feet of mesh area shall remain restricted for a
10292	period of 12 months following reinstatement, to operating under
10293	the following conditions:
10294	1.  Vessels subject to this reinstatement period shall be
10295	restricted to the corridors established by commission rule.
10296	2.  A violation of the reinstatement period provisions
10297	shall be punishable pursuant to paragraphs (1)(a) and (b).
10298	(4)  ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING
10299	CERTAIN FINFISH.--
10300	(a)  It is a major violation under this section for any
10301	person to be in possession of any species of trout, snook, or
10302	redfish which is three fish in excess of the recreational or
10303	commercial daily bag limit.
10304	(b)  A commercial harvester who violates this subsection
10305	shall be punished as provided under paragraph (3)(b). Any other
10306	person who violates this subsection commits a Level Three
10307	violation under s. 379.401 372.83.
10308	(5)  SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY
10309	HARVESTED PRODUCTS.--In addition to other penalties authorized
10310	in this chapter, any violation of s. 379.361 370.06 or s.
10311	379.362 370.07, or rules of the commission implementing s.
10312	379.361 370.06 or s. 379.362 370.07, involving the purchase of
10313	saltwater products by a commercial wholesale dealer, retail
10314	dealer, or restaurant facility for public consumption from an
10315	unlicensed person, firm, or corporation, or the purchase or sale
10316	of any saltwater product known to be taken in violation of s.
10317	16, Art. X of the State Constitution, or rule or statute
10318	implementing the provisions thereof, by a commercial wholesale
10319	dealer, retail dealer, or restaurant facility, for public
10320	consumption, is a major violation, and the commission may assess
10321	the following penalties:
10322	(a)  For a first violation, the commission may assess a
10323	civil penalty of up to $2,500 and may suspend the wholesale or
10324	retail dealer's license privileges for up to 90 calendar days.
10325	(b)  For a second violation occurring within 12 months of a
10326	prior violation, the commission may assess a civil penalty of up
10327	to $5,000 and may suspend the wholesale or retail dealer's
10328	license privileges for up to 180 calendar days.
10329	(c)  For a third or subsequent violation occurring within a
10330	24-month period, the commission shall assess a civil penalty of
10331	$5,000 and shall suspend the wholesale or retail dealer's
10332	license privileges for up to 24 months.
10333
10334	Any proceeds from the civil penalties assessed pursuant to this
10335	subsection shall be deposited into the Marine Resources
10336	Conservation Trust Fund and shall be used as follows: 40 percent
10337	for administration and processing purposes and 60 percent for
10338	law enforcement purposes.
10339	(6)  PENALTIES FOR UNLICENSED SALE, PURCHASE, OR
10340	HARVEST.--It is a major violation and punishable as provided in
10341	this subsection for any unlicensed person, firm, or corporation
10342	who is required to be licensed under this chapter as a
10343	commercial harvester or a wholesale or retail dealer to sell or
10344	purchase any saltwater product or to harvest or attempt to
10345	harvest any saltwater product with intent to sell the saltwater
10346	product.
10347	(a)  Any person, firm, or corporation who sells or
10348	purchases any saltwater product without having purchased the
10349	licenses required by this chapter for such sale is subject to
10350	penalties as follows:
10351	1.  A first violation is a misdemeanor of the second
10352	degree, punishable as provided in s. 775.082 or s. 775.083.
10353	2.  A second violation is a misdemeanor of the first
10354	degree, punishable as provided in s. 775.082 or s. 775.083, and
10355	such person may also be assessed a civil penalty of up to $2,500
10356	and is subject to a suspension of all license privileges under
10357	this chapter and chapter 372 for a period not exceeding 90 days.
10358	3.  A third violation is a misdemeanor of the first degree,
10359	punishable as provided in s. 775.082 or s. 775.083, with a
10360	mandatory minimum term of imprisonment of 6 months, and such
10361	person may also be assessed a civil penalty of up to $5,000 and
10362	is subject to a suspension of all license privileges under this
10363	chapter and chapter 372 for a period not exceeding 6 months.
10364	4.  A third violation within 1 year after a second
10365	violation is a felony of the third degree, punishable as
10366	provided in s. 775.082 or s. 775.083, with a mandatory minimum
10367	term of imprisonment of 1 year, and such person shall be
10368	assessed a civil penalty of $5,000 and all license privileges
10369	under this chapter and chapter 372 shall be permanently revoked.
10370	5.  A fourth or subsequent violation is a felony of the
10371	third degree, punishable as provided in s. 775.082 or s.
10372	775.083, with a mandatory minimum term of imprisonment of 1
10373	year, and such person shall be assessed a civil penalty of
10374	$5,000 and all license privileges under this chapter and chapter
10375	372 shall be permanently revoked.
10376	(b)  Any person whose license privileges under this chapter
10377	have been permanently revoked and who thereafter sells or
10378	purchases or who attempts to sell or purchase any saltwater
10379	product commits a felony of the third degree, punishable as
10380	provided in s. 775.082 or s. 775.083, with a mandatory minimum
10381	term of imprisonment of 1 year, and such person shall also be
10382	assessed a civil penalty of $5,000. All property involved in
10383	such offense shall be forfeited pursuant to s. 379.337 370.061.
10384	(c)  Any commercial harvester or wholesale or retail dealer
10385	whose license privileges under this chapter are under suspension
10386	and who during such period of suspension sells or purchases or
10387	attempts to sell or purchase any saltwater product shall be
10388	assessed the following penalties:
10389	1.  A first violation, or a second violation occurring more
10390	than 12 months after a first violation, is a first degree
10391	misdemeanor, punishable as provided in ss. 775.082 and 775.083,
10392	and such commercial harvester or wholesale or retail dealer may
10393	be assessed a civil penalty of up to $2,500 and an additional
10394	suspension of all license privileges under this chapter and
10395	chapter 372 for a period not exceeding 90 days.
10396	2.  A second violation occurring within 12 months of a
10397	first violation is a third degree felony, punishable as provided
10398	in ss. 775.082 and 775.083, with a mandatory minimum term of
10399	imprisonment of 1 year, and such commercial harvester or
10400	wholesale or retail dealer may be assessed a civil penalty of up
10401	to $5,000 and an additional suspension of all license privileges
10402	under this chapter and chapter 372 for a period not exceeding
10403	180 days. All property involved in such offense shall be
10404	forfeited pursuant to s. 379.337 370.061.
10405	3.  A third violation within 24 months of the second
10406	violation or subsequent violation is a third degree felony,
10407	punishable as provided in ss. 775.082 and 775.083, with a
10408	mandatory minimum term of imprisonment of 1 year, and such
10409	commercial harvester or wholesale or retail dealer shall be
10410	assessed a mandatory civil penalty of up to $5,000 and an
10411	additional suspension of all license privileges under this
10412	chapter and chapter 372 for a period not exceeding 24 months.
10413	All property involved in such offense shall be forfeited
10414	pursuant to s. 379.337 370.061.
10415	(d)  Any commercial harvester who harvests or attempts to
10416	harvest any saltwater product with intent to sell the saltwater
10417	product without having purchased a saltwater products license
10418	with the requisite endorsements is subject to penalties as
10419	follows:
10420	1.  A first violation is a misdemeanor of the second
10421	degree, punishable as provided in s. 775.082 or s. 775.083.
10422	2.  A second violation is a misdemeanor of the first
10423	degree, punishable as provided in s. 775.082 or s. 775.083, and
10424	such commercial harvester may also be assessed a civil penalty
10425	of up to $2,500 and is subject to a suspension of all license
10426	privileges under this chapter and chapter 372 for a period not
10427	exceeding 90 days.
10428	3.  A third violation is a misdemeanor of the first degree,
10429	punishable as provided in s. 775.082 or s. 775.083, with a
10430	mandatory minimum term of imprisonment of 6 months, and such
10431	commercial harvester may also be assessed a civil penalty of up
10432	to $5,000 and is subject to a suspension of all license
10433	privileges under this chapter and chapter 372 for a period not
10434	exceeding 6 months.
10435	4.  A third violation within 1 year after a second
10436	violation is a felony of the third degree, punishable as
10437	provided in s. 775.082 or s. 775.083, with a mandatory minimum
10438	term of imprisonment of 1 year, and such commercial harvester
10439	shall also be assessed a civil penalty of $5,000 and all license
10440	privileges under this chapter and chapter 372 shall be
10441	permanently revoked.
10442	5.  A fourth or subsequent violation is a felony of the
10443	third degree, punishable as provided in s. 775.082 or s.
10444	775.083, with a mandatory minimum term of imprisonment of 1
10445	year, and such commercial harvester shall also be assessed a
10446	mandatory civil penalty of $5,000 and all license privileges
10447	under this chapter and chapter 372 shall be permanently revoked.
10448
10449	For purposes of this subsection, a violation means any judicial
10450	disposition other than acquittal or dismissal.
10451	(7)(11)  REVOCATION OF LICENSES.--Any person licensed under
10452	this chapter who has been convicted of taking aquaculture
10453	species raised at a certified facility shall have his or her
10454	license revoked for 5 years by the commission pursuant to the
10455	provisions and procedures of s. 120.60.
10456	(8)(12)  LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
10457	purposes of imposing license or permit suspensions or
10458	revocations authorized by this chapter, the license or permit
10459	under which the violation was committed is subject to suspension
10460	or revocation by the commission. For purposes of assessing
10461	monetary civil or administrative penalties authorized by this
10462	chapter, the commercial harvester cited and subsequently
10463	receiving a judicial disposition of other than dismissal or
10464	acquittal in a court of law is subject to the monetary penalty
10465	assessment by the commission. However, if the license or
10466	permitholder of record is not the commercial harvester receiving
10467	the citation and judicial disposition, the license or permit may
10468	be suspended or revoked only after the license or permitholder
10469	has been notified by the commission that the license or permit
10470	has been cited in a major violation and is now subject to
10471	suspension or revocation should the license or permit be cited
10472	for subsequent major violations.
10473	Section 176.  Section 372.84, Florida Statutes, is
10474	renumbered as section 379.408, Florida Statutes, to read:
10475	379.408 372.84  Forfeiture or denial of licenses and
10476	permits.--Any person convicted as aforesaid shall forfeit to the
10477	state any license or permit that may have been issued to her or
10478	him under the provisions of this law, or other law of this state
10479	relating to game shall forthwith surrender the same to the
10480	court. If such violation occurs in the open season, relating to
10481	game, no license or permit shall be issued under the provisions
10482	of this law to such person at any time during the remainder of
10483	such open season, or if such violation occurs during the closed
10484	season no license shall be issued to such person for the open
10485	season on game next following.
10486	Section 177.  Section 372.663, Florida Statutes, is
10487	renumbered as section 379.409, Florida Statutes, to read:
10488	379.409 372.663  Illegal killing, possessing, or capturing
10489	of alligators or other crocodilia or eggs; confiscation of
10490	equipment.--
10491	(1)  It is unlawful to intentionally kill, injure, possess,
10492	or capture, or attempt to kill, injure, possess, or capture, an
10493	alligator or other crocodilian, or the eggs of an alligator or
10494	other crocodilian, unless authorized by the rules of the Fish
10495	and Wildlife Conservation Commission. Any person who violates
10496	this section is guilty of a felony of the third degree,
10497	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
10498	in addition to such other punishment as may be provided by law.
10499	Any equipment, including but not limited to weapons, vehicles,
10500	boats, and lines, used by a person in the commission of a
10501	violation of any law, rule, regulation, or order relating to
10502	alligators or other crocodilia or the eggs of alligators or
10503	other crocodilia shall, upon conviction of such person, be
10504	confiscated by the Fish and Wildlife Conservation Commission and
10505	disposed of according to rules and regulations of the
10506	commission. The arresting officer shall promptly make a return
10507	of the seizure, describing in detail the property seized and the
10508	facts and circumstances under which it was seized, including the
10509	names of all persons known to the officer who have an interest
10510	in the property.
10511	(2)  The commission shall promptly fix the value of the
10512	property and make return to the clerk of the circuit court of
10513	the county wherein same was seized. Upon proper showing that any
10514	such property is owned by, or titled in the name of, any
10515	innocent party, such property shall be promptly returned to such
10516	owner.
10517	(3)  The provisions of this section shall not vitiate any
10518	valid lien, retain title contract, or chattel mortgage on such
10519	property in effect as of the time of such seizure.
10520	Section 178.  Section 372.0725, Florida Statutes, is
10521	renumbered as section 379.411, Florida Statutes, to read:
10522	379.411 372.0725  Killing or wounding of any species
10523	designated as endangered, threatened, or of special concern;
10524	criminal penalties.--It is unlawful for a person to
10525	intentionally kill or wound any fish or wildlife of a species
10526	designated by the Fish and Wildlife Conservation Commission as
10527	endangered, threatened, or of special concern, or to
10528	intentionally destroy the eggs or nest of any such fish or
10529	wildlife, except as provided for in the rules of the commission.
10530	Any person who violates this provision with regard to an
10531	endangered or threatened species is guilty of a felony of the
10532	third degree, punishable as provided in s. 775.082, s. 775.083,
10533	or s. 775.084.
10534	Section 179.  Section 372.671, Florida Statutes, is
10535	renumbered as section 379.4115, Florida Statutes, and amended to
10536	read:
10537	379.4115 372.671  Florida or wild panther; killing
10538	prohibited; penalty.--
10539	(1)  It is unlawful for a person to kill a member of the
10540	Florida "endangered species," as defined in s. 379.2291(3)
10541	372.072(3), known as the Florida panther (Felis concolor coryi).
10542	(2)  It is unlawful for a person to kill any member of the
10543	species of panther (Felis concolor) occurring in the wild.
10544	(3)  A person convicted of unlawfully killing a Florida
10545	panther, or unlawfully killing any member of the species of
10546	panther occurring in the wild, is guilty of a felony of the
10547	third degree, punishable as provided in s. 775.082, s. 775.083,
10548	or s. 775.084.
10549	Section 180.  Section 370.1121, Florida Statutes, is
10550	renumbered as section 379.413, Florida Statutes, and amended to
10551	read:
10552	379.413 370.1121  Bonefish; penalties regulation.--
10553	(1)  It is unlawful to take or attempt to take any bonefish
10554	(Albula vulpes) from any of the waters of the state for the
10555	purpose of sale or exchange while fishing with any net, seine,
10556	or similar device.
10557	(2)  It is unlawful for any wholesale or retail fish dealer
10558	to possess, buy, sell, or store any bonefish or permit any
10559	bonefish to be possessed, sold, or stored on, in, or about the
10560	premises where such wholesale or retail fish business is carried
10561	on or conducted. It shall be unlawful for any person, firm, or
10562	corporation to buy or sell bonefish in any form.
10563	(3)  A commercial harvester or wholesale or retail
10564	saltwater products dealer who violates commission rules
10565	pertaining to bonefish this section shall be punished under s.
10566	379.407 370.021. Any other person who violates commission rules
10567	pertaining to bonefish this section commits a Level Two
10568	violation under s. 379.401 372.83.
10569	Section 181.  Section 379.414, Florida Statutes, is created
10570	to read:
10571	379.414  Additional penalties for saltwater products
10572	dealers violating records requirements.--
10573	(1)  The commission may revoke, suspend, or deny the
10574	renewal of the license of any saltwater products dealer for
10575	failure to make and keep records as required by s. 379.362, for
10576	failure to make required reports, for failure or refusal to
10577	permit the examination of required records, or for falsifying
10578	any such record. In addition to other applicable penalties, or
10579	in lieu of, the commission may impose against any person, firm,
10580	or corporation who is determined to have violated any provision
10581	of s. 379.362 or any provisions of any commission rules adopted
10582	pursuant to s. 379.407, the following additional penalties:
10583	(a)  For the first violation, a civil penalty of up to
10584	$1,000;
10585	(b)  For a second violation committed within 24 months of
10586	any previous violation, a civil penalty of up to $2,500; and
10587	(c)  For a third or subsequent violation committed within
10588	36 months of any previous two violations, a civil penalty of up
10589	to $5,000.
10590	(2)  The proceeds of all civil penalties collected pursuant
10591	to this section shall be deposited into the Marine Resources
10592	Conservation Trust Fund and shall be used for administration,
10593	auditing, and law enforcement purposes.
10594	Section 182.  Paragraph (a) of subsection (1) of section
10595	72.011, Florida Statutes, is amended to read:
10596	72.011  Jurisdiction of circuit courts in specific tax
10597	matters; administrative hearings and appeals; time for
10598	commencing action; parties; deposits.--
10599	(1)(a)  A taxpayer may contest the legality of any
10600	assessment or denial of refund of tax, fee, surcharge, permit,
10601	interest, or penalty provided for under s. 125.0104, s.
10602	125.0108, chapter 198, chapter 199, chapter 201, chapter 202,
10603	chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,
10604	chapter 212, chapter 213, chapter 220, chapter 221, s.
10605	379.362(3) 370.07(3), chapter 376, s. 403.717, s. 403.718, s.
10606	403.7185, s. 538.09, s. 538.25, chapter 550, chapter 561,
10607	chapter 562, chapter 563, chapter 564, chapter 565, chapter 624,
10608	or s. 681.117 by filing an action in circuit court; or,
10609	alternatively, the taxpayer may file a petition under the
10610	applicable provisions of chapter 120. However, once an action
10611	has been initiated under s. 120.56, s. 120.565, s. 120.569, s.
10612	120.57, or s. 120.80(14)(b), no action relating to the same
10613	subject matter may be filed by the taxpayer in circuit court,
10614	and judicial review shall be exclusively limited to appellate
10615	review pursuant to s. 120.68; and once an action has been
10616	initiated in circuit court, no action may be brought under
10617	chapter 120.
10618	Section 183.  Section 97.05831, Florida Statutes, is
10619	amended to read:
10620	97.05831  Voter registration applications made available to
10621	the Fish and Wildlife Conservation Commission.--As required in
10622	s. 379.352 372.561, each supervisor of elections shall supply
10623	voter registration applications to the Fish and Wildlife
10624	Conservation Commission and its subagents, as needed.
10625	Section 184.  Subsection (4) of section 125.01, Florida
10626	Statutes, is amended to read:
10627	125.01  Powers and duties.--
10628	(4)  The legislative and governing body of a county shall
10629	not have the power to regulate the taking or possession of
10630	saltwater fish, as defined in s. 379.101 370.01, with respect to
10631	the method of taking, size, number, season, or species. However,
10632	this subsection does not prohibit a county from prohibiting, for
10633	reasons of protecting the public health, safety, or welfare,
10634	saltwater fishing from real property owned by that county, nor
10635	does it prohibit the imposition of excise taxes by county
10636	ordinance.
10637	Section 185.  Subsections (1) and (4) of section 142.01,
10638	Florida Statutes, are amended to read:
10639	142.01  Fine and forfeiture fund; clerk of the circuit
10640	court.--There shall be established by the clerk of the circuit
10641	court in each county of this state a separate fund to be known
10642	as the fine and forfeiture fund for use by the clerk of the
10643	circuit court in performing court-related functions. The fund
10644	shall consist of the following:
10645	(1)  Fines and penalties pursuant to ss. 28.2402(2),
10646	34.045(2), 316.193, 327.35, 327.72, 379.2203(1) 372.72(1), and
10647	775.083(1).
10648	(4)  Proceeds from forfeited bail bonds, unclaimed bonds,
10649	unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),
10650	379.2203(1) 372.72(1), and 903.26(3)(a).
10651
10652	Notwithstanding the provisions of this section, all fines and
10653	forfeitures arising from operation of the provisions of s.
10654	318.1215 shall be disbursed in accordance with that section.
10655	Section 186.  Paragraph (c) of subsection (5) of section
10656	161.053, Florida Statutes, is amended to read:
10657	161.053  Coastal construction and excavation; regulation on
10658	county basis.--
10659	(5)  Except in those areas where local zoning and building
10660	codes have been established pursuant to subsection (4), a permit
10661	to alter, excavate, or construct on property seaward of
10662	established coastal construction control lines may be granted by
10663	the department as follows:
10664	(c)  The department may condition the nature, timing, and
10665	sequence of construction of permitted activities to provide
10666	protection to nesting sea turtles and hatchlings and their
10667	habitat, pursuant to s. 379.2431 370.12, and to native salt-
10668	resistant vegetation and endangered plant communities.
10669	Section 187.  Subsection (11) of section 201.15, Florida
10670	Statutes, is amended to read:
10671	201.15  Distribution of taxes collected.--All taxes
10672	collected under this chapter shall be distributed as follows and
10673	shall be subject to the service charge imposed in s. 215.20(1),
10674	except that such service charge shall not be levied against any
10675	portion of taxes pledged to debt service on bonds to the extent
10676	that the amount of the service charge is required to pay any
10677	amounts relating to the bonds:
10678	(11)  From the moneys specified in paragraphs (1)(e) and
10679	(2)(a) and prior to deposit of any moneys into the General
10680	Revenue Fund, $30 million shall be paid into the State Treasury
10681	to the credit of the Ecosystem Management and Restoration Trust
10682	Fund in fiscal year 2000-2001 and each fiscal year thereafter,
10683	to be used for the preservation and repair of the state's
10684	beaches as provided in ss. 161.091-161.212, $2 million shall be
10685	paid into the State Treasury to the credit of the Marine
10686	Resources Conservation Trust Fund to be used for marine mammal
10687	care as provided in s. 379.208(3) 370.0603(3), and $300,000
10688	shall be paid into the State Treasury to the credit of the
10689	General Inspection Trust Fund in fiscal year 2006-2007 and each
10690	fiscal year thereafter, to be used to fund oyster management and
10691	restoration programs as provided in s. 379.362(3) 370.07(3).
10692	Section 188.  Paragraph (b) of subsection (8) of section
10693	212.06, Florida Statutes, is amended to read:
10694	212.06  Sales, storage, use tax; collectible from dealers;
10695	"dealer" defined; dealers to collect from purchasers;
10696	legislative intent as to scope of tax.--
10697	(8)
10698	(b)  The presumption that tangible personal property used
10699	in another state, territory of the United States, or the
10700	District of Columbia for 6 months or longer before being
10701	imported into this state was not purchased for use in this state
10702	does not apply to any boat for which a saltwater fishing license
10703	fee is required to be paid pursuant to s. 379.354(7) 372.57(7),
10704	either directly or indirectly, for the purpose of taking,
10705	attempting to take, or possessing any saltwater fish for
10706	noncommercial purposes. Use tax shall apply and be due on such a
10707	boat as provided in this paragraph, and proof of payment of such
10708	tax must be presented prior to the first such licensure of the
10709	boat, registration of the boat pursuant to chapter 328, and
10710	titling of the boat pursuant to chapter 328. A boat that is
10711	first licensed within 1 year after purchase shall be subject to
10712	use tax on the full amount of the purchase price; a boat that is
10713	first licensed in the second year after purchase shall be
10714	subject to use tax on 90 percent of the purchase price; a boat
10715	that is first licensed in the third year after purchase shall be
10716	subject to use tax on 80 percent of the purchase price; a boat
10717	that is first licensed in the fourth year after purchase shall
10718	be subject to use tax on 70 percent of the purchase price; a
10719	boat that is first licensed in the fifth year after purchase
10720	shall be subject to use tax on 60 percent of the purchase price;
10721	and a boat that is first licensed in the sixth year after
10722	purchase, or later, shall be subject to use tax on 50 percent of
10723	the purchase price. If the purchaser fails to provide the
10724	purchase invoice on such boat, the fair market value of the boat
10725	at the time of importation into this state shall be used to
10726	compute the tax.
10727	Section 189.  Paragraph (h) of subsection (5) of section
10728	212.08, Florida Statutes, is amended to read:
10729	212.08  Sales, rental, use, consumption, distribution, and
10730	storage tax; specified exemptions.--The sale at retail, the
10731	rental, the use, the consumption, the distribution, and the
10732	storage to be used or consumed in this state of the following
10733	are hereby specifically exempt from the tax imposed by this
10734	chapter.
10735	(5)  EXEMPTIONS; ACCOUNT OF USE.--
10736	(h)  Business property used in an enterprise zone.--
10737	1.  Business property purchased for use by businesses
10738	located in an enterprise zone which is subsequently used in an
10739	enterprise zone shall be exempt from the tax imposed by this
10740	chapter. This exemption inures to the business only through a
10741	refund of previously paid taxes. A refund shall be authorized
10742	upon an affirmative showing by the taxpayer to the satisfaction
10743	of the department that the requirements of this paragraph have
10744	been met.
10745	2.  To receive a refund, the business must file under oath
10746	with the governing body or enterprise zone development agency
10747	having jurisdiction over the enterprise zone where the business
10748	is located, as applicable, an application which includes:
10749	a.  The name and address of the business claiming the
10750	refund.
10751	b.  The identifying number assigned pursuant to s. 290.0065
10752	to the enterprise zone in which the business is located.
10753	c.  A specific description of the property for which a
10754	refund is sought, including its serial number or other permanent
10755	identification number.
10756	d.  The location of the property.
10757	e.  The sales invoice or other proof of purchase of the
10758	property, showing the amount of sales tax paid, the date of
10759	purchase, and the name and address of the sales tax dealer from
10760	whom the property was purchased.
10761	f.  Whether the business is a small business as defined by
10762	s. 288.703(1).
10763	g.  If applicable, the name and address of each permanent
10764	employee of the business, including, for each employee who is a
10765	resident of an enterprise zone, the identifying number assigned
10766	pursuant to s. 290.0065 to the enterprise zone in which the
10767	employee resides.
10768	3.  Within 10 working days after receipt of an application,
10769	the governing body or enterprise zone development agency shall
10770	review the application to determine if it contains all the
10771	information required pursuant to subparagraph 2. and meets the
10772	criteria set out in this paragraph. The governing body or agency
10773	shall certify all applications that contain the information
10774	required pursuant to subparagraph 2. and meet the criteria set
10775	out in this paragraph as eligible to receive a refund. If
10776	applicable, the governing body or agency shall also certify if
10777	20 percent of the employees of the business are residents of an
10778	enterprise zone, excluding temporary and part-time employees.
10779	The certification shall be in writing, and a copy of the
10780	certification shall be transmitted to the executive director of
10781	the Department of Revenue. The business shall be responsible for
10782	forwarding a certified application to the department within the
10783	time specified in subparagraph 4.
10784	4.  An application for a refund pursuant to this paragraph
10785	must be submitted to the department within 6 months after the
10786	tax is due on the business property that is purchased.
10787	5.  The amount refunded on purchases of business property
10788	under this paragraph shall be the lesser of 97 percent of the
10789	sales tax paid on such business property or $5,000, or, if no
10790	less than 20 percent of the employees of the business are
10791	residents of an enterprise zone, excluding temporary and part-
10792	time employees, the amount refunded on purchases of business
10793	property under this paragraph shall be the lesser of 97 percent
10794	of the sales tax paid on such business property or $10,000. A
10795	refund approved pursuant to this paragraph shall be made within
10796	30 days of formal approval by the department of the application
10797	for the refund. No refund shall be granted under this paragraph
10798	unless the amount to be refunded exceeds $100 in sales tax paid
10799	on purchases made within a 60-day time period.
10800	6.  The department shall adopt rules governing the manner
10801	and form of refund applications and may establish guidelines as
10802	to the requisites for an affirmative showing of qualification
10803	for exemption under this paragraph.
10804	7.  If the department determines that the business property
10805	is used outside an enterprise zone within 3 years from the date
10806	of purchase, the amount of taxes refunded to the business
10807	purchasing such business property shall immediately be due and
10808	payable to the department by the business, together with the
10809	appropriate interest and penalty, computed from the date of
10810	purchase, in the manner provided by this chapter.
10811	Notwithstanding this subparagraph, business property used
10812	exclusively in:
10813	a.  Licensed commercial fishing vessels,
10814	b.  Fishing guide boats, or
10815	c.  Ecotourism guide boats
10816
10817	that leave and return to a fixed location within an area
10818	designated under s. 379.2353 370.28 are eligible for the
10819	exemption provided under this paragraph if all requirements of
10820	this paragraph are met. Such vessels and boats must be owned by
10821	a business that is eligible to receive the exemption provided
10822	under this paragraph. This exemption does not apply to the
10823	purchase of a vessel or boat.
10824	8.  The department shall deduct an amount equal to 10
10825	percent of each refund granted under the provisions of this
10826	paragraph from the amount transferred into the Local Government
10827	Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
10828	for the county area in which the business property is located
10829	and shall transfer that amount to the General Revenue Fund.
10830	9.  For the purposes of this exemption, "business property"
10831	means new or used property defined as "recovery property" in s.
10832	168(c) of the Internal Revenue Code of 1954, as amended, except:
10833	a.  Property classified as 3-year property under s.
10834	168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
10835	b.  Industrial machinery and equipment as defined in sub-
10836	subparagraph (b)6.a. and eligible for exemption under paragraph
10837	(b);
10838	c.  Building materials as defined in sub-subparagraph
10839	(g)8.a.; and
10840	d.  Business property having a sales price of under $5,000
10841	per unit.
10842	10.  This paragraph expires on the date specified in s.
10843	290.016 for the expiration of the Florida Enterprise Zone Act.
10844	Section 190.  Paragraph (o) of subsection (1) of section
10845	213.053, Florida Statutes, is amended to read:
10846	213.053  Confidentiality and information sharing.--
10847	(1)  This section applies to:
10848	(o)  Section 379.362(3) 370.07(3), Apalachicola Bay oyster
10849	surcharge;
10850	Section 191.  Paragraph (u) of subsection (4) of section
10851	215.20, Florida Statutes, is amended to read:
10852	215.20  Certain income and certain trust funds to
10853	contribute to the General Revenue Fund.--
10854	(4)  The income of a revenue nature deposited in the
10855	following described trust funds, by whatever name designated, is
10856	that from which the appropriations authorized by subsection (3)
10857	shall be made:
10858	(u)  Within the Fish and Wildlife Conservation Commission:
10859	1.  The Conservation and Recreation Lands Program Trust
10860	Fund.
10861	2.  The Florida Panther Research and Management Trust Fund.
10862	3.  The Land Acquisition Trust Fund.
10863	4.  The Marine Resources Conservation Trust Fund, with the
10864	exception of those fees collected for recreational saltwater
10865	fishing licenses as provided in s. 379.354 372.57.
10866
10867	The enumeration of the foregoing moneys or trust funds shall not
10868	prohibit the applicability thereto of s. 215.24 should the
10869	Governor determine that for the reasons mentioned in s. 215.24
10870	the money or trust funds should be exempt herefrom, as it is the
10871	purpose of this law to exempt income from its force and effect
10872	when, by the operation of this law, federal matching funds or
10873	contributions or private grants to any trust fund would be lost
10874	to the state.
10875	Section 192.  Subsection (6) of section 290.004, Florida
10876	Statutes, is amended to read:
10877	290.004  Definitions relating to Florida Enterprise Zone
10878	Act.--As used in ss. 290.001-290.016:
10879	(6)  "Rural enterprise zone" means an enterprise zone that
10880	is nominated by a county having a population of 75,000 or fewer,
10881	or a county having a population of 100,000 or fewer which is
10882	contiguous to a county having a population of 75,000 or fewer,
10883	or by a municipality in such a county, or by such a county and
10884	one or more municipalities. An enterprise zone designated in
10885	accordance with s. 290.0065(5)(b) or s. 379.2353 370.28 is
10886	considered to be a rural enterprise zone.
10887	Section 193.  Paragraph (b) of subsection (1) and paragraph
10888	(b) of subsection (24) and of section 320.08058, Florida
10889	Statutes, are amended to read:
10890	320.08058  Specialty license plates.--
10891	(1)  MANATEE LICENSE PLATES.--
10892	(b)  The manatee license plate annual use fee must be
10893	deposited into the Save the Manatee Trust Fund, created within
10894	the Fish and Wildlife Conservation Commission, and shall be used
10895	only for the purposes specified in s. 379.2431(4) 370.12(4).
10896	(24)  CONSERVE WILDLIFE LICENSE PLATES.--
10897	(b)  The proceeds of the Conserve Wildlife license plate
10898	annual use fee shall be forwarded to the Wildlife Foundation of
10899	Florida, Inc., a citizen support organization created pursuant
10900	to s. 379.223 372.0215.
10901	1.  Notwithstanding s. 320.08062, up to 10 percent of the
10902	proceeds from the annual use fee may be used for marketing the
10903	Conserve Wildlife license plate and administrative costs
10904	directly related to the management and distribution of the
10905	proceeds.
10906	2.  The remaining proceeds from the annual use fee shall be
10907	used for programs and activities of the Fish and Wildlife
10908	Conservation Commission that contribute to the health and well-
10909	being of Florida black bears and other wildlife diversity.
10910	Section 194.  Paragraph (a) of subsection (5) of section
10911	327.02, Florida Statutes, is amended to read:
10912	327.02  Definitions of terms used in this chapter and in
10913	chapter 328.--As used in this chapter and in chapter 328, unless
10914	the context clearly requires a different meaning, the term:
10915	(5)  "Commercial vessel" means:
10916	(a)  Any vessel primarily engaged in the taking or landing
10917	of saltwater fish or saltwater products or freshwater fish or
10918	freshwater products, or any vessel licensed pursuant to s.
10919	379.361 370.06 from which commercial quantities of saltwater
10920	products are harvested, from within and without the waters of
10921	this state for sale either to the consumer, retail dealer, or
10922	wholesale dealer.
10923	Section 195.  Subsection (2) of section 327.41, Florida
10924	Statutes, is amended to read:
10925	327.41  Uniform waterway regulatory markers.--
10926	(2)  Any county or municipality which has been granted a
10927	restricted area designation, pursuant to s. 327.46, for a
10928	portion of the Florida Intracoastal Waterway within its
10929	jurisdiction or which has adopted a restricted area by ordinance
10930	pursuant to s. 327.22, s. 327.60, or s. 379.2431(2)(p)
10931	370.12(2)(p), or any other governmental entity which has legally
10932	established a restricted area, may apply to the commission for
10933	permission to place regulatory markers within the restricted
10934	area.
10935	Section 196.  Paragraph (k) of subsection (1) of section
10936	327.73, Florida Statutes, is amended to read:
10937	327.73  Noncriminal infractions.--
10938	(1)  Violations of the following provisions of the vessel
10939	laws of this state are noncriminal infractions:
10940	(k)  Violations relating to restricted areas and speed
10941	limits:
10942	1.  Established by the commission pursuant to s. 327.46.
10943	2.  Established by local governmental authorities pursuant
10944	to s. 327.22 or s. 327.60.
10945	3.  Speed limits established pursuant to s. 379.2431(2)
10946	370.12(2).
10947
10948	Any person cited for a violation of any such provision shall be
10949	deemed to be charged with a noncriminal infraction, shall be
10950	cited for such an infraction, and shall be cited to appear
10951	before the county court. The civil penalty for any such
10952	infraction is $50, except as otherwise provided in this section.
10953	Any person who fails to appear or otherwise properly respond to
10954	a uniform boating citation shall, in addition to the charge
10955	relating to the violation of the boating laws of this state, be
10956	charged with the offense of failing to respond to such citation
10957	and, upon conviction, be guilty of a misdemeanor of the second
10958	degree, punishable as provided in s. 775.082 or s. 775.083. A
10959	written warning to this effect shall be provided at the time
10960	such uniform boating citation is issued.
10961	Section 197.  Subsection (1) of section 328.66, Florida
10962	Statutes, is amended to read:
10963	328.66  County and municipality optional registration
10964	fee.--
10965	(1)  Any county may impose an annual registration fee on
10966	vessels registered, operated, or stored in the water within its
10967	jurisdiction. This fee shall be 50 percent of the applicable
10968	state registration fee. However, the first $1 of every
10969	registration imposed under this subsection shall be remitted to
10970	the state for deposit in the Save the Manatee Trust Fund created
10971	within the Fish and Wildlife Conservation Commission, and shall
10972	be used only for the purposes specified in s. 379.2431(4)
10973	370.12(4). All other moneys received from such fee shall be
10974	expended for the patrol, regulation, and maintenance of the
10975	lakes, rivers, and waters and for other boating-related
10976	activities of such municipality or county. A municipality that
10977	was imposing a registration fee before April 1, 1984, may
10978	continue to levy such fee, notwithstanding the provisions of
10979	this section.
10980	Section 198.  Subsections (11) and (16) of section 328.72,
10981	Florida Statutes, are amended to read:
10982	328.72  Classification; registration; fees and charges;
10983	surcharge; disposition of fees; fines; marine turtle stickers.--
10984	(11)  VOLUNTARY CONTRIBUTIONS.--The application form for
10985	boat registration shall include a provision to allow each
10986	applicant to indicate a desire to pay an additional voluntary
10987	contribution to the Save the Manatee Trust Fund to be used for
10988	the purposes specified in s. 379.2431(4) 370.12(4). This
10989	contribution shall be in addition to all other fees and charges.
10990	The amount of the request for a voluntary contribution solicited
10991	shall be $2 or $5 per registrant. A registrant who provides a
10992	voluntary contribution of $5 or more shall be given a sticker or
10993	emblem by the tax collector to display, which signifies support
10994	for the Save the Manatee Trust Fund. All voluntary contributions
10995	shall be deposited in the Save the Manatee Trust Fund and shall
10996	be used for the purposes specified in s. 379.2431(4) 370.12(4).
10997	The form shall also include language permitting a voluntary
10998	contribution of $5 per applicant, which contribution shall be
10999	transferred into the Election Campaign Financing Trust Fund. A
11000	statement providing an explanation of the purpose of the trust
11001	fund shall also be included.
11002	(16)  MARINE TURTLE STICKER.--The Department of Highway
11003	Safety and Motor Vehicles shall offer for sale with vessel
11004	registrations a waterproof sticker in the shape of a marine
11005	turtle at an additional cost of $5, the proceeds of which shall
11006	be deposited in the Marine Resources Conservation Trust Fund to
11007	be used for marine turtle protection, research, and recovery
11008	efforts pursuant to the provisions of s. 379.2431(1) 370.12(1).
11009	Section 199.  Paragraph (a) of subsection (1) and
11010	subsection (2) of section 328.76, Florida Statutes, are amended
11011	to read:
11012	328.76  Marine Resources Conservation Trust Fund; vessel
11013	registration funds; appropriation and distribution.--
11014	(1)  Except as otherwise specified in this subsection and
11015	less $1.4 million for any administrative costs which shall be
11016	deposited in the Highway Safety Operating Trust Fund, in each
11017	fiscal year beginning on or after July 1, 2001, all funds
11018	collected from the registration of vessels through the
11019	Department of Highway Safety and Motor Vehicles and the tax
11020	collectors of the state, except for those funds designated as
11021	the county portion pursuant to s. 328.72(1), shall be deposited
11022	in the Marine Resources Conservation Trust Fund for recreational
11023	channel marking; public launching facilities; law enforcement
11024	and quality control programs; aquatic weed control; manatee
11025	protection, recovery, rescue, rehabilitation, and release; and
11026	marine mammal protection and recovery. The funds collected
11027	pursuant to s. 328.72(1) shall be transferred as follows:
11028	(a)  In each fiscal year, an amount equal to $1.50 for each
11029	commercial and recreational vessel registered in this state
11030	shall be transferred by the Department of Highway Safety and
11031	Motor Vehicles to the Save the Manatee Trust Fund and shall be
11032	used only for the purposes specified in s. 379.2431(4)
11033	370.12(4).
11034	(2)  All funds collected pursuant to s. 379.361(2)
11035	370.06(2) shall be deposited in the Marine Resources
11036	Conservation Trust Fund. Such funds shall be used to pay the
11037	cost of implementing the saltwater products license program.
11038	Additional proceeds from the licensing revenue shall be
11039	distributed among the following program functions:
11040	(a)  No more than 15 percent shall go to marine law
11041	enforcement;
11042	(b)  Twenty-five percent shall go to the Florida Saltwater
11043	Products Promotion Trust Fund within the Department of
11044	Agriculture and Consumer Services, on a monthly basis, for the
11045	purpose of providing marketing and extension services including
11046	industry information and education; and
11047	(c)  The remainder shall go to the Fish and Wildlife
11048	Conservation Commission, for use in marine research and
11049	statistics development, including quota management.
11050	Section 200.  Subsection (5) of section 373.046, Florida
11051	Statutes, is amended to read:
11052	373.046  Interagency agreements.--
11053	(5)  Notwithstanding the provisions of s. 403.927, when any
11054	operating agreement is developed pursuant to subsection (4), the
11055	department shall have regulatory responsibility under part IV of
11056	this chapter for aquaculture activities that meet or exceed the
11057	thresholds for aquaculture general permits authorized pursuant
11058	to ss. 379.2523 370.26 and 403.814.
11059	Section 201.  Paragraph (h) of subsection (2) of section
11060	403.41315, Florida Statutes, is amended to read:
11061	403.41315  Comprehensive illegal dumping, litter, and
11062	marine debris control and prevention.--
11063	(2)  The comprehensive illegal dumping, litter, and marine
11064	debris control and prevention program at a minimum must include
11065	the following:
11066	(h)  The prohibition of balloon releases as authorized
11067	under s. 379.233 372.995.
11068	Section 202.  Paragraph (f) of subsection (2) of section
11069	403.813, Florida Statutes, is amended to read:
11070	403.813  Permits issued at district centers; exceptions.--
11071	(2)  A permit is not required under this chapter, chapter
11072	373, chapter 61-691, Laws of Florida, or chapter 25214 or
11073	chapter 25270, 1949, Laws of Florida, for activities associated
11074	with the following types of projects; however, except as
11075	otherwise provided in this subsection, nothing in this
11076	subsection relieves an applicant from any requirement to obtain
11077	permission to use or occupy lands owned by the Board of Trustees
11078	of the Internal Improvement Trust Fund or any water management
11079	district in its governmental or proprietary capacity or from
11080	complying with applicable local pollution control programs
11081	authorized under this chapter or other requirements of county
11082	and municipal governments:
11083	(f)  The performance of maintenance dredging of existing
11084	manmade canals, channels, intake and discharge structures, and
11085	previously dredged portions of natural water bodies within
11086	drainage rights-of-way or drainage easements which have been
11087	recorded in the public records of the county, where the spoil
11088	material is to be removed and deposited on a self-contained,
11089	upland spoil site which will prevent the escape of the spoil
11090	material into the waters of the state, provided that no more
11091	dredging is to be performed than is necessary to restore the
11092	canals, channels, and intake and discharge structures, and
11093	previously dredged portions of natural water bodies, to original
11094	design specifications or configurations, provided that the work
11095	is conducted in compliance with s. 379.2431(2)(d) 370.12(2)(d),
11096	provided that no significant impacts occur to previously
11097	undisturbed natural areas, and provided that control devices for
11098	return flow and best management practices for erosion and
11099	sediment control are utilized to prevent bank erosion and
11100	scouring and to prevent turbidity, dredged material, and toxic
11101	or deleterious substances from discharging into adjacent waters
11102	during maintenance dredging. Further, for maintenance dredging
11103	of previously dredged portions of natural water bodies within
11104	recorded drainage rights-of-way or drainage easements, an entity
11105	that seeks an exemption must notify the department or water
11106	management district, as applicable, at least 30 days prior to
11107	dredging and provide documentation of original design
11108	specifications or configurations where such exist. This
11109	exemption applies to all canals and previously dredged portions
11110	of natural water bodies within recorded drainage rights-of-way
11111	or drainage easements constructed prior to April 3, 1970, and to
11112	those canals and previously dredged portions of natural water
11113	bodies constructed on or after April 3, 1970, pursuant to all
11114	necessary state permits. This exemption does not apply to the
11115	removal of a natural or manmade barrier separating a canal or
11116	canal system from adjacent waters. When no previous permit has
11117	been issued by the Board of Trustees of the Internal Improvement
11118	Trust Fund or the United States Army Corps of Engineers for
11119	construction or maintenance dredging of the existing manmade
11120	canal or intake or discharge structure, such maintenance
11121	dredging shall be limited to a depth of no more than 5 feet
11122	below mean low water. The Board of Trustees of the Internal
11123	Improvement Trust Fund may fix and recover from the permittee an
11124	amount equal to the difference between the fair market value and
11125	the actual cost of the maintenance dredging for material removed
11126	during such maintenance dredging. However, no charge shall be
11127	exacted by the state for material removed during such
11128	maintenance dredging by a public port authority. The removing
11129	party may subsequently sell such material; however, proceeds
11130	from such sale that exceed the costs of maintenance dredging
11131	shall be remitted to the state and deposited in the Internal
11132	Improvement Trust Fund.
11133	Section 203.  Paragraph (a) of subsection (5) and paragraph
11134	(a) of subsection (18) of section 597.010, Florida Statutes, are
11135	amended to read:
11136	597.010  Shellfish regulation; leases.--
11137	(5)  LEASES IN PERPETUITY; RENT.--
11138	(a)  All leases issued previously under the provisions of
11139	s. 379.2525 370.16 shall be enforced under the authority of this
11140	chapter, notwithstanding any other law to the contrary, and
11141	shall continue in perpetuity under such restrictions as stated
11142	in the lease agreement. The annual rental fee charged for all
11143	leases shall consist of the minimum rate of $15 per acre, or any
11144	fraction of an acre, per year and shall be adjusted on January
11145	1, 1995, and every 5 years thereafter, based on the 5-year
11146	average change in the Consumer Price Index. Rent shall be paid
11147	in advance of January 1 of each year or in the case of a new
11148	lease at the time of signing, regardless of who holds the lease.
11149	(18)  REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL
11150	REEFS; LICENSES, ETC.; PENALTY.--
11151	(a)  It is unlawful to use a dredge or any means or
11152	implement other than hand tongs in removing oysters from the
11153	natural or artificial state reefs or beds. This restriction
11154	shall apply to all areas of Apalachicola Bay for all shellfish
11155	harvesting, excluding private grounds leased or granted by the
11156	state prior to July 1, 1989, if the lease or grant specifically
11157	authorizes the use of implements other than hand tongs for
11158	harvesting. Except in Apalachicola Bay, upon the payment of $25
11159	annually, for each vessel or boat using a dredge or machinery in
11160	the gathering of clams or mussels, a special activity license
11161	may be issued by the Fish and Wildlife Conservation Commission
11162	pursuant to subsection (15) or s. 379.361 370.06 for such use to
11163	such person.
11164	Section 204.  Paragraphs (a), (d), and (e) of subsection
11165	(4) of section 777.04, Florida Statutes, are amended to read:
11166	777.04  Attempts, solicitation, and conspiracy.--
11167	(4)(a)  Except as otherwise provided in ss. 104.091(2),
11168	379.2431(1) 370.12(1), 828.125(2), 849.25(4), 893.135(5), and
11169	921.0022, the offense of criminal attempt, criminal
11170	solicitation, or criminal conspiracy is ranked for purposes of
11171	sentencing under chapter 921 and determining incentive gain-time
11172	eligibility under chapter 944 one level below the ranking under
11173	s. 921.0022 or s. 921.0023 of the offense attempted, solicited,
11174	or conspired to. If the criminal attempt, criminal solicitation,
11175	or criminal conspiracy is of an offense ranked in level 1 or
11176	level 2 under s. 921.0022 or s. 921.0023, such offense is a
11177	misdemeanor of the first degree, punishable as provided in s.
11178	775.082 or s. 775.083.
11179	(d)  Except as otherwise provided in s. 104.091(2), s.
11180	379.2431(1) 370.12(1), s. 828.125(2), or s. 849.25(4), if the
11181	offense attempted, solicited, or conspired to is a:
11182	1.  Felony of the second degree;
11183	2.  Burglary that is a felony of the third degree; or
11184	3.  Felony of the third degree ranked in level 3, 4, 5, 6,
11185	7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
11186
11187	the offense of criminal attempt, criminal solicitation, or
11188	criminal conspiracy is a felony of the third degree, punishable
11189	as provided in s. 775.082, s. 775.083, or s. 775.084.
11190	(e)  Except as otherwise provided in s. 104.091(2), s.
11191	379.2431(1) 370.12(1), s. 849.25(4), or paragraph (d), if the
11192	offense attempted, solicited, or conspired to is a felony of the
11193	third degree, the offense of criminal attempt, criminal
11194	solicitation, or criminal conspiracy is a misdemeanor of the
11195	first degree, punishable as provided in s. 775.082 or s.
11196	775.083.
11197	Section 205.  Paragraph (h) of subsection (2) of section
11198	810.09, Florida Statutes, is amended to read:
11199	810.09  Trespass on property other than structure or
11200	conveyance.--
11201	(2)
11202	(h)  Any person who in taking or attempting to take any
11203	animal described in s. 379.101(19) or (20) 372.001(10) or (11),
11204	or in killing, attempting to kill, or endangering any animal
11205	described in s. 585.01(13) knowingly propels or causes to be
11206	propelled any potentially lethal projectile over or across
11207	private land without authorization commits trespass, a felony of
11208	the third degree, punishable as provided in s. 775.082, s.
11209	775.083, or s. 775.084. For purposes of this paragraph, the term
11210	"potentially lethal projectile" includes any projectile launched
11211	from any firearm, bow, crossbow, or similar tensile device. This
11212	section does not apply to any governmental agent or employee
11213	acting within the scope of his or her official duties.
11214	Section 206.  Paragraphs (b) and (c) of subsection (3) of
11215	section 921.0022, Florida Statutes, are amended to read:
11216	921.0022  Criminal Punishment Code; offense severity
11217	ranking chart.--
11218	(3)  OFFENSE SEVERITY RANKING CHART
11219	(b)  LEVEL 2
11220
	FloridaStatute FelonyDegree Description
11221
	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.
11222
	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.
11223
	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.
11224
	517.07 3rd Registration of securities and furnishing of prospectus required.
11225
	590.28(1) 3rd Willful, malicious, or intentional burning.
11226
	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
11227
	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
11228
	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
11229
	810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
11230
	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
11231
	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
11232
	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
11233
	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
11234
	817.234(1)(a)2. 3rd False statement in support of insurance claim.
11235
	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
11236
	817.52(3) 3rd Failure to redeliver hired vehicle.
11237
	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
11238
	817.60(5) 3rd Dealing in credit cards of another.
11239
	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
11240
	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
11241
	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
11242
	831.01 3rd Forgery.
11243
	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
11244
	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
11245
	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
11246
	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
11247
	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
11248
	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
11249
	843.08 3rd Falsely impersonating an officer.
11250
	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.
11251
	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
11252
11253	(c)  LEVEL 3
11254
	FloridaStatute FelonyDegree Description
11255
	119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
11256
	316.066(6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
11257
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
11258
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
11259
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
11260
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
11261
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
11262
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
11263
	327.35(2)(b) 3rd Felony BUI.
11264
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
11265
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
11266
	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.
11267
	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.
11268
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
11269
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
11270
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
11271
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
11272
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
11273
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
11274
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
11275
	697.08 3rd Equity skimming.
11276
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
11277
	796.05(1) 3rd Live on earnings of a prostitute.
11278
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
11279
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
11280
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
11281
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
11282
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
11283
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
11284
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
11285
	817.233 3rd Burning to defraud insurer.
11286
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
11287
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
11288
	817.236 3rd Filing a false motor vehicle insurance application.
11289
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
11290
	817.413(2) 3rd Sale of used goods as new.
11291
	817.505(4) 3rd Patient brokering.
11292
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
11293
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
11294
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
11295
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
11296
	843.19 3rd Injure, disable, or kill police dog or horse.
11297
	860.15(3) 3rd Overcharging for repairs and parts.
11298
	870.01(2) 3rd Riot; inciting or encouraging.
11299
	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).
11300
	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.
11301
	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.
11302
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
11303
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
11304
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
11305
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
11306
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
11307
	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.
11308
	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.
11309
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
11310
	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.
11311
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
11312
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
11313
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
11314
	985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
11315
11316	Section 207.  Paragraph (e) of subsection (6) of section
11317	932.7055, Florida Statutes, is amended to read:
11318	932.7055  Disposition of liens and forfeited property.--
11319	(6)  If the seizing agency is a state agency, all remaining
11320	proceeds shall be deposited into the General Revenue Fund.
11321	However, if the seizing agency is:
11322	(e)  The Fish and Wildlife Conservation Commission, the
11323	proceeds accrued pursuant to the provisions of the Florida
11324	Contraband Forfeiture Act shall be deposited into the State Game
11325	Trust Fund as provided in ss. 379.338, 379.339, and 379.3395
11326	372.73, 372.9901, and 372.9904, into the Marine Resources
11327	Conservation Trust Fund as provided in s. 379.337 370.061, or
11328	into the commission's Federal Law Enforcement Trust Fund as
11329	provided in s. 372.107, as applicable.
11330	Section 208.  Sections 370.0821, 370.09, 370.1105, 370.15,
11331	370.154, 370.155, 372.001, 372.0225, 372.107, 372.27, 372.667,
11332	372.98, 372.981, and 372.993, Florida Statutes, are repealed.
11333	Section 209.  This act shall take effect July 1, 2008.

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