HB 1423

1	A bill to be entitled
2	An act relating to the Fish and Wildlife Conservation
3	Commission; amending s. 319.32, F.S.; increasing the
4	certificate of title fee for certain vehicles; amending s.
5	320.08056, F.S.; increasing the annual use fee for certain
6	specialty license plates; amending s. 327.35, F.S.;
7	revising penalties for boating under the influence of
8	alcohol; revising the blood-alcohol level or breath-
9	alcohol level at which certain penalties apply; amending
10	s. 327.36, F.S.; revising a prohibition against accepting
11	a plea to a lesser included offense from a person who is
12	charged with certain offenses involving the operation of a
13	vessel; revising the blood-alcohol level or breath-alcohol
14	level at which the prohibition applies; amending s.
15	327.395, F.S.; providing a phase-in schedule whereby all
16	boaters will be required to possess an identification card
17	and a boater safety identification card issued by the Fish
18	and Wildlife Conservation Commission showing compliance
19	with specified boating education requirements; providing
20	exemptions; providing penalties; amending s. 327.40, F.S.;
21	revising provisions for placement of navigation, safety,
22	and informational markers of waterways; providing for
23	uniform waterway markers; removing an exemption from
24	permit requirements for certain markers placed by county,
25	municipal, or other government entities; amending s.
26	327.41, F.S., relating to placement of markers by a county
27	or municipality; revising terminology; providing for a
28	county or municipality that has adopted a boating-
29	restricted area by ordinance under specified provisions to
30	apply for permission to place regulatory markers; amending
31	s. 327.42, F.S.; revising provisions prohibiting mooring
32	to or damaging markers or buoys; amending s. 327.46, F.S.;
33	revising provisions for establishment by the Fish and
34	Wildlife Conservation Commission of boating-restricted
35	areas; providing for counties and municipalities to
36	establish boating-restricted areas with approval of the
37	commission; directing the commission to adopt rules for
38	the approval; revising a prohibition against operating a
39	vessel in a prohibited manner in a boating-restricted
40	area; providing for enforcement by citation mailed to the
41	owner of the vessel; specifying responsibility for
42	citations issued to livery vessels; providing
43	construction; amending s. 327.50, F.S.; revising
44	requirements for persons on board a vessel to wear a
45	personal floatation device; revising the age at which such
46	device is required; providing exceptions; amending s.
47	327.60, F.S.; revising provisions limiting regulation by a
48	county or municipality of the operation, equipment, and
49	other matters relating to vessels operated upon the waters
50	of this state; prohibiting certain county or municipality
51	ordinances or regulations; creating s. 327.66, F.S.;
52	prohibiting possessing or operating a vessel equipped with
53	certain fuel containers or related equipment; prohibiting
54	transporting fuel in a vessel except in compliance with
55	certain federal regulations; providing penalties;
56	declaring fuel transported in violation of such
57	prohibitions to be a public nuisance and directing the
58	enforcing agency to abate the nuisance; providing for
59	disposal of the containers and fuel; declaring
60	conveyances, vessels, vehicles, and equipment used in such
61	violation to be contraband; providing for seizure of the
62	contraband; defining the term "conviction" for specified
63	purposes; providing for costs to remove fuel, containers,
64	vessels, and equipment to be paid by the owner; providing
65	that a person who fails to pay such cost shall not be
66	issued a certificate of registration for a vessel or motor
67	vehicle; amending s. 327.73, F.S.; revising provisions for
68	citation of a noncriminal infraction to provide for
69	violations relating to boating-restricted areas and speed
70	limits; revising provisions relating to establishment of
71	such limits by counties and municipalities; amending s.
72	328.03, F.S.; requiring vessels used or stored on the
73	waters of this state to be titled by this state pursuant
74	to specified provisions; providing exceptions; amending s.
75	328.07, F.S.; requiring certain vessels used or stored on
76	the waters of this state to have affixed a hull
77	identification number; providing that a vessel in
78	violation may be seized and subject to forfeiture;
79	amending s. 328.40, F.S.; clarifying a provision relating
80	to certain vessel records maintained by the Department of
81	Highway Safety and Motor Vehicles; amending ss. 328.46,
82	328.48, and 328.56, F.S.; requiring vessels operated,
83	used, or stored on the waters of this state to be
84	registered and display the registration number; providing
85	exceptions; amending s. 328.58, F.S., relating to
86	reciprocity of nonresident or alien vessels; requiring the
87	owner of a vessel with a valid registration from another
88	state, a vessel with a valid registration from the United
89	States Coast Guard in another state, or a federally
90	documented vessel from another state to record the
91	registration number with the Department of Highway Safety
92	and Motor Vehicles when using or storing the vessel on the
93	waters of this state in excess of the 90-day reciprocity
94	period; amending s. 328.60, F.S.; providing an exception
95	to registration requirements for military personnel using
96	or storing on the waters of this state a vessel with a
97	valid registration from another state, a vessel with a
98	valid registration from the United States Coast Guard in
99	another state, or a federally documented vessel from
100	another state; amending s. 328.65, F.S.; revising
101	legislative intent with respect to registration and
102	numbering of vessels; amending s. 328.66, F.S.;
103	authorizing a county to impose an annual registration fee
104	on vessels used on the waters of this state within its
105	jurisdiction; amending s. 328.72, F.S.; providing
106	noncriminal penalties for use or storage of a previously
107	registered vessel after the expiration of the registration
108	period; amending s. 379.304, F.S.; revising cross-
109	references for permitting and violation provisions
110	relating to the exhibition or sale of wildlife; amending
111	s. 379.338, F.S.; providing for confiscation and
112	disposition of illegally taken wildlife, freshwater fish,
113	and saltwater fish; providing for proceeds from sales to
114	be deposited into the Marine Resources Conservation Trust
115	Fund; providing for an agency that assists in the
116	enforcement action to receive a portion or all of any
117	forfeited property; creating s. 379.3381, F.S.; providing
118	for photographs of wildlife, freshwater fish, and
119	saltwater fish to be used as evidence in a prosecution in
120	lieu of the wildlife, freshwater fish, or saltwater fish;
121	amending s. 379.353, F.S.; revising eligibility criteria
122	for exemption from certain recreational license and permit
123	requirements; amending s. 379.3671, F.S.; revising
124	provisions for abandonment and reversion of lobster trap
125	certificates under specified conditions; amending s.
126	379.3751, F.S.; specifying activities relating to the
127	taking and possession of alligators that require a license
128	and payment of the applicable fee; deleting provisions
129	relating to the issuance, form, and content of such
130	licenses; amending s. 379.3761, F.S.; providing penalties
131	for violations relating to the exhibition or sale of
132	wildlife; amending s. 379.3762, F.S.; revising a cross-
133	reference with respect to the penalties imposed for
134	violations relating to the personal possession of
135	wildlife; amending s. 379.401, F.S.; revising
136	applicability of violation provisions relating to
137	alligators and crocodiles; conforming references to
138	wildlife; amending s. 379.4015, F.S.; specifying
139	applicability of captive wildlife penalty provisions
140	relating to the exhibition or sale of wildlife; directing
141	the commission, in consultation with the Department of
142	Environmental Protection, to establish a pilot program to
143	explore options for regulating anchoring or mooring of
144	non-live-aboard vessels outside the marked boundaries of
145	public mooring fields; providing goals and procedures;
146	providing duties of the commission; requiring a report to
147	the Governor and the Legislature; providing for expiration
148	of the pilot program and any ordinance enacted thereunder;
149	repealing s. 327.22, F.S., relating to regulation of
150	vessels by municipalities or counties; repealing s.
151	379.366(7), F.S., to abrogate the expiration of provisions
152	imposing blue crab endorsement program fees and penalties;
153	providing effective dates.
154
155	Be It Enacted by the Legislature of the State of Florida:
156
157	Section 1.  Subsection (3) of section 319.32, Florida
158	Statutes, is amended to read:
159	319.32  Fees; service charges; disposition.--
160	(3)  The department shall charge a fee of $10 $4 in
161	addition to that charged in subsection (1) for each original
162	certificate of title issued for a vehicle previously registered
163	outside this state.
164	Section 2.  Paragraphs (a) and (x) of subsection (4) of
165	section 320.08056, Florida Statutes, are amended to read:
166	320.08056  Specialty license plates.--
167	(4)  The following license plate annual use fees shall be
168	collected for the appropriate specialty license plates:
169	(a)  Manatee license plate, $25 $20.
170	(x)  Conserve Wildlife license plate, $20 $15.
171	Section 3.  Subsection (4) of section 327.35, Florida
172	Statutes, is amended to read:
173	327.35  Boating under the influence; penalties; "designated
174	drivers".--
175	(1)  A person is guilty of the offense of boating under the
176	influence and is subject to punishment as provided in subsection
177	(2) if the person is operating a vessel within this state and:
178	(a)  The person is under the influence of alcoholic
179	beverages, any chemical substance set forth in s. 877.111, or
180	any substance controlled under chapter 893, when affected to the
181	extent that the person's normal faculties are impaired;
182	(b)  The person has a blood-alcohol level of 0.08 or more
183	grams of alcohol per 100 milliliters of blood; or
184	(c)  The person has a breath-alcohol level of 0.08 or more
185	grams of alcohol per 210 liters of breath.
186	(4)  Any person who is convicted of a violation of
187	subsection (1) and who has a blood-alcohol level or breath-
188	alcohol level of 0.15 0.20 or higher, or any person who is
189	convicted of a violation of subsection (1) and who at the time
190	of the offense was accompanied in the vessel by a person under
191	the age of 18 years, shall be punished:
192	(a)  By a fine of:
193	1.  Not less than $1,000 or more than $2,000 for a first
194	conviction.
195	2.  Not less than $2,000 or more than $4,000 for a second
196	conviction.
197	3.  Not less than $4,000 for a third or subsequent
198	conviction.
199	(b)  By imprisonment for:
200	1.  Not more than 9 months for a first conviction.
201	2.  Not more than 12 months for a second conviction.
202
203	For the purposes of this subsection, only the instant offense is
204	required to be a violation of subsection (1) by a person who has
205	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
206	higher.
207	Section 4.  Paragraph (a) of subsection (2) of section
208	327.36, Florida Statutes, is amended to read:
209	327.36  Mandatory adjudication; prohibition against
210	accepting plea to lesser included offense.--
211	(2)(a)  No trial judge may accept a plea of guilty to a
212	lesser offense from a person who is charged with a violation of
213	s. 327.35, manslaughter resulting from the operation of a
214	vessel, or vessel homicide and who has been given a breath or
215	blood test to determine blood or breath alcohol content, the
216	results of which show a blood-alcohol level or breath-alcohol
217	level of 0.15 0.16 or more.
218	Section 5.  Section 327.395, Florida Statutes, is amended
219	to read:
220	327.395  Boating safety identification cards.--
221	(1)(a)  This section applies to any person who has not
222	attained 22 years of age.
223	(b)  Effective January 1, 2010, this section applies to any
224	person who has not attained 26 years of age.
225	(c)  Effective January 1, 2011, this section applies to any
226	person who has not attained 31 years of age.
227	(d)  Effective January 1, 2012, this section applies to any
228	person who has not attained 36 years of age.
229	(e)  Effective January 1, 2013, this section applies to any
230	person who has not attained 41 years of age.
231	(f)  Effective January 1, 2014, this section applies to any
232	person who has not attained 46 years of age.
233	(g)  Effective January 1, 2015, this section applies to any
234	person who has not attained 51 years of age.
235	(h)  Effective January 1, 2016, this section applies to any
236	person who has not attained 56 years of age.
237	(i)  Effective January 1, 2017, this section applies to any
238	person who has not attained 61 years of age.
239	(j)  Effective January 1, 2018, this section applies to any
240	person who has not attained 66 years of age.
241	(k)  Effective January 1, 2019, this section applies to
242	every person.
243	(2)(1)  Pursuant to the schedule under subsection (1), a
244	person 21 years of age or younger may not operate a vessel
245	powered by a motor of 10 horsepower or greater unless such
246	person has in his or her possession aboard the vessel
247	photographic identification and a boater safety identification
248	card issued by the commission which shows that he or she has:
249	(a)  Completed a commission-approved boater education
250	course that meets the minimum 8-hour instruction requirement
251	established by the National Association of State Boating Law
252	Administrators;
253	(b)  Passed a course equivalency examination approved by
254	the commission; or
255	(c)  Passed a temporary certificate examination developed
256	or approved by the commission.
257	(3)(2)  Any person may obtain a boater safety
258	identification card by complying with the requirements of this
259	section.
260	(4)(3)  Any commission-approved boater education or boater
261	safety course, course-equivalency examination developed or
262	approved by the commission, or temporary certificate examination
263	developed or approved by the commission must include a component
264	regarding diving vessels, awareness of divers in the water,
265	divers-down flags, and the requirements of s. 327.331.
266	(5)(4)  The commission may appoint liveries, marinas, or
267	other persons as its agents to administer the course, course
268	equivalency examination, or temporary certificate examination
269	and issue identification cards under guidelines established by
270	the commission. An agent must charge the $2 examination fee,
271	which must be forwarded to the commission with proof of passage
272	of the examination and may charge and keep a $1 service fee.
273	(6)(5)  An identification card issued to a person who has
274	completed a boating education course or a course equivalency
275	examination is valid for life. A card issued to a person who has
276	passed a temporary certification examination is valid for 12
277	months from the date of issuance.
278	(7)(6)  A person is exempt from subsection (2) (1) if he or
279	she:
280	(a)  Is licensed by the United States Coast Guard to serve
281	as master of a vessel.
282	(b)  Operates a vessel only on a private lake or pond.
283	(c)  Is accompanied in the vessel by a person who is exempt
284	from this section or who holds an identification card in
285	compliance with this section, is 18 years of age or older, and
286	is attendant to the operation of the vessel and responsible for
287	the safe operation of the vessel and for any violation that
288	occurs during the operation.
289	(d)  Is a nonresident who has in his or her possession
290	proof that he or she has completed a boater education course or
291	equivalency examination in another state which meets or exceeds
292	the requirements of subsection (2) (1).
293	(e)  Is operating a vessel within 90 days after the
294	purchase of that vessel and has available for inspection aboard
295	that vessel a bill of sale meeting the requirements of s.
296	328.46(1).
297	(f)(e)  Is exempted by rule of the commission.
298	(8)(7)  A person who operates a vessel in violation of
299	subsection (2) commits violates this section is guilty of a
300	noncriminal infraction, punishable as provided in s. 327.73.
301	(9)(8)  The commission shall design forms and adopt rules
302	to administer this section. Such rules shall include provision
303	for educational and other public and private entities to offer
304	the course and administer examinations.
305	(10)(9)  The commission shall institute and coordinate a
306	statewide program of boating safety instruction and
307	certification to ensure that boating courses and examinations
308	are available in each county of the state.
309	(11)(10)  The commission is authorized to establish and to
310	collect a $2 examination fee to cover administrative costs.
311	(12)(11)  The commission is authorized to adopt rules
312	pursuant to chapter 120 to implement the provisions of this
313	section.
314	Section 6.  Section 327.40, Florida Statutes, is amended to
315	read:
316	327.40  Uniform waterway markers for safety and navigation;
317	informational markers.--
318	(1)  Waters of this state Waterways in Florida which need
319	marking for safety or navigation purposes shall be marked only
320	in conformity with under the United States Aids to Navigation
321	System, 33 C.F.R. part 62. Until December 31, 2003, channel
322	markers and obstruction markers conforming to the Uniform State
323	Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
324	to be used on waters of this state that are not navigable waters
325	of the United States.
326	(2)(a)  Application for marking inland lakes and state
327	waters and any navigable waters under concurrent jurisdiction of
328	the Coast Guard and the division shall be made to the division,
329	accompanied by a map locating the approximate placement of
330	markers, a list of the markers to be placed, a statement of the
331	specification of the markers, a statement of the purpose of
332	marking, and the names of persons responsible for the placement
333	and upkeep of such markers. The division will assist the
334	applicant to secure the proper permission from the Coast Guard
335	where required, make such investigations as needed, and issue a
336	permit. The division shall furnish the applicant with the
337	information concerning the system adopted and the rules existing
338	for placing and maintaining the markers. The division shall keep
339	records of all approvals given and counsel with individuals,
340	counties, municipalities, motorboat clubs, or other groups
341	desiring to mark waterways for safety and navigation purposes in
342	Florida.
343	(b)1.  No person or municipality, county, or other
344	governmental entity shall place any uniform waterway marker
345	safety or navigation markers in, on, or over the waters or
346	shores of the state without a permit from the division.
347	2.  The placement of informational markers, including, but
348	not limited to, markers indicating end of boat ramp, no
349	swimming, swimming area, lake name, trash receptacle, public
350	health notice, or underwater hazard and canal, regulatory,
351	emergency, and special event markers, by counties,
352	municipalities, or other governmental entities on inland lakes
353	and their associated canals are exempt from permitting under
354	this section. Such markers, excluding swimming area and special
355	event markers, may be no more than 50 feet from the normal
356	shoreline.
357	(c)  The commission is authorized to adopt rules pursuant
358	to chapter 120 to implement this section.
359	(3)  The placement under this section or s. 327.41 of any
360	uniform waterway marker safety or navigation marker or any
361	informational marker under subparagraph (2)(b)2. on state
362	submerged lands under this section does not subject such lands
363	to the lease requirements of chapter 253.
364	Section 7.  Subsection (2) of section 327.41, Florida
365	Statutes, is amended to read:
366	327.41  Uniform waterway regulatory markers.--
367	(2)  Any county or municipality which has been granted a
368	boating-restricted restricted area designation, by rule of the
369	commission pursuant to s. 327.46, for a portion of the Florida
370	Intracoastal Waterway within its jurisdiction or which has
371	adopted a boating-restricted restricted area by ordinance
372	pursuant to s. 327.46(1)(b) s. 327.22, s. 327.60, or s.
373	379.2431(2)(p), or any other governmental entity which has
374	legally established a boating-restricted restricted area, may
375	apply to the commission for permission to place regulatory
376	markers within the boating-restricted restricted area.
377	Section 8.  Section 327.42, Florida Statutes, is amended to
378	read:
379	327.42  Mooring to or damaging of markers or buoys
380	prohibited.--
381	(1)  No person shall moor or fasten a vessel to a lawfully
382	placed uniform waterway aid-to-navigation marker or buoy,
383	regulatory marker or buoy, or area boundary marker or buoy,
384	placed or erected by any governmental agency, except in case of
385	emergency or with the written consent of the marker's owner.
386	(2)  No person shall willfully damage, alter, or move a
387	lawfully placed uniform waterway aid-to-navigation marker or
388	buoy, regulatory marker or buoy, or area boundary marker or
389	buoy.
390	Section 9.  Section 327.46, Florida Statutes, is amended to
391	read:
392	327.46  Boating-restricted Restricted areas.--
393	(1)  Boating-restricted The commission has the authority to
394	establish by rule, pursuant to chapter 120, restricted areas,
395	including, but not limited to, restrictions of vessel speeds and
396	vessel traffic, may be established on the waters of this the
397	state for any purpose deemed necessary to protect for the safety
398	of the public, including, but not limited to, vessel speeds and
399	vessel traffic, where such restrictions are deemed necessary
400	based on boating accidents, visibility, hazardous currents or
401	water levels, vessel traffic congestion, or other navigational
402	hazards.
403	(a)  The commission may establish boating-restricted areas
404	by rule, pursuant to chapter 120.
405	(b)  Except as provided in s. 327.60, municipalities and
406	counties may establish boating-restricted areas by ordinance;
407	however, such an ordinance may not take effect until it has been
408	reviewed and approved by the commission. The commission shall
409	establish by rule the criteria substantially similar to rule
410	68D-23.105 for such approval, pursuant to chapter 120.
411	(2)  Each such boating-restricted restricted area shall be
412	developed in consultation and coordination with the governing
413	body of the county or municipality in which the boating-
414	restricted restricted area is located and, when the boating-
415	restricted area is to be on the navigable waters of the United
416	States where required, with the United States Coast Guard and
417	the United States Army Corps of Engineers.
418	(3)(2)  It is unlawful for any person to operate a vessel
419	in a prohibited manner or to carry on any prohibited activity,
420	as defined in this chapter, deemed a safety hazard or
421	interference with navigation as provided above within a boating-
422	restricted restricted water area which has been clearly marked
423	by regulatory markers as authorized under this chapter.
424	(4)(3)  Restrictions in a boating-restricted area
425	established pursuant to this section shall not apply in the case
426	of an emergency or to a law enforcement, firefighting, or rescue
427	vessel owned or operated by a governmental entity.
428	(5)(a)  Noncriminal violations committed within legally
429	established boating-restricted areas that are properly marked as
430	permitted under ss. 327.40 and 327.41 may be enforced by a
431	uniform boating citation mailed to the registered owner of the
432	vessel.
433	(b)  Citations issued to livery vessels under this
434	subsection shall be the responsibility of the lessee of the
435	vessel if the livery has included a warning of this
436	responsibility as a part of the rental agreement and has
437	provided to the agency issuing the citation the name, address,
438	and date of birth of the lessee when requested by that agency.
439	The livery is not responsible for the payment of citations if
440	the livery provides the required warning and lessee information.
441	(c)  This subsection supplements the enforcement of this
442	section by law enforcement officers and does not prohibit a law
443	enforcement officer from issuing a citation for a violation of
444	this section in accordance with normal boating enforcement
445	techniques.
446	Section 10.  Paragraph (b) of subsection (1) of section
447	327.50, Florida Statutes, is amended to read:
448	327.50  Vessel safety regulations; equipment and lighting
449	requirements.--
450	(1)
451	(b)  A No person shall not operate a vessel less than 26
452	feet in length on the waters of this state unless every person
453	who has not attained 10 under 6 years of age on board the vessel
454	is wearing an appropriate personal flotation device approved by
455	the a type I, type II, or type III Coast Guard, is below decks,
456	or is in an enclosed cabin approved personal flotation device
457	while such vessel is underway. For the purpose of this section,
458	"underway" means shall mean at all times except when a vessel is
459	anchored, moored, made fast to the shore, or aground.
460	Section 11.  Section 327.60, Florida Statutes, is amended
461	to read:
462	327.60  Local regulations; limitations.--
463	(1)  The provisions of this chapter and chapter 328 ss.
464	327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
465	327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
466	govern the operation, equipment, and all other matters relating
467	thereto whenever any vessel shall be operated upon the waters of
468	this state waterways or when any activity regulated hereby shall
469	take place thereon.
470	(2)  Nothing in this chapter or chapter 328 these sections
471	shall be construed to prevent the adoption of any ordinance or
472	local regulation law relating to operation and equipment of
473	vessels, except that no county or municipality shall enact,
474	continue in effect, or enforce any ordinance or local
475	regulation:
476	(a)  Establishing a vessel or associated equipment
477	performance or other safety standard, imposing a requirement for
478	associated equipment, or regulating the carrying or use of
479	marine safety articles;
480	(b)  With respect to the design, manufacture, installation,
481	or use of any marine sanitation device on any vessel;
482	(c)  Regulating any vessel upon the Florida Intracoastal
483	Waterway;
484	(d)  Discriminating against personal watercraft;
485	(e)  Discriminating against airboats, for ordinances
486	adopted after July 1, 2006, unless adopted by a two-thirds vote
487	of the governing body enacting such ordinance;
488	(f)  Regulating the anchoring of vessels other than live-
489	aboard vessels outside of the marked boundaries of mooring
490	fields permitted as provided in s. 327.40;
491	(g)  Regulating engine or exhaust noise, except as provided
492	in s. 327.65; or
493	(h)  That is in conflict with this chapter or any
494	amendments thereto or rules thereunder. no such ordinance or
495	local law may apply to the Florida Intracoastal Waterway and
496	except that such ordinances or local laws shall be operative
497	only when they are not in conflict with this chapter or any
498	amendments thereto or regulations thereunder. Any ordinance or
499	local law which has been adopted pursuant to this section or to
500	any other state law may not discriminate against personal
501	watercraft as defined in s. 327.02. Effective July 1, 2006, any
502	ordinance or local law adopted pursuant to this section or any
503	other state law may not discriminate against airboats except by
504	a two-thirds vote of the governing body enacting such ordinance.
505	(3)(2)  Nothing contained in the provisions of this section
506	shall be construed to prohibit local governmental authorities
507	from the enactment or enforcement of regulations which prohibit
508	or restrict the mooring or anchoring of floating structures or
509	live-aboard vessels within their jurisdictions or of any vessels
510	within the marked boundaries of mooring fields permitted as
511	provided in s. 327.40. However, local governmental authorities
512	are prohibited from regulating the anchoring outside of such
513	mooring fields of vessels other than live-aboard vessels as
514	defined in s. 327.02 non-live-aboard vessels in navigation.
515	Section 12. Section 327.66, Florida Statutes, is created to
516	read:
517	327.66  Carriage of fuel on vessels.--
518	(1)(a)  A person shall not:
519	1.  Possess or operate any vessel that has been equipped
520	with fuel tanks, bladders, drums, or other containers designed
521	or intended to hold fuel, or install or maintain such containers
522	in a vessel, if such containers do not conform to federal
523	regulations or have not been approved by the United States Coast
524	Guard by inspection or special permit.
525	2.  Transport any fuel in an approved portable container
526	when the container is in a compartment that is not ventilated in
527	strict compliance with United States Coast Guard regulations
528	pertaining to ventilation of compartments containing fuel tanks.
529	(b)  A person who violates paragraph (a) commits a felony
530	of the third degree, punishable as provided in s. 775.082, s.
531	775.083, or s. 775.084.
532	(2)(a)  Fuel possessed or transported in violation of this
533	section and all containers holding such fuel are declared to be
534	a public nuisance. A law enforcement agency discovering fuel
535	possessed or transported in violation of paragraph (1)(a) shall
536	abate the nuisance by removing the fuel and containers from the
537	vessel and from the waters of this state. A law enforcement
538	agency that removes fuel or containers pursuant to this
539	subsection may elect to:
540	1.  Retain the property for the agency's own use;
541	2.  Transfer the property to another unit of state or local
542	government;
543	3.  Donate the property to a charitable organization; or
544	4.  Sell the property at public sale pursuant to s.
545	705.103.
546	(b)  A law enforcement agency that seizes fuel or
547	containers pursuant to this subsection shall remove and reclaim,
548	recycle, or otherwise dispose of the fuel as soon as practicable
549	in a safe and proper manner.
550	(3)  All conveyances, vessels, vehicles, and other
551	equipment described in paragraph (1)(a) or used in the
552	commission of a violation of paragraph (1)(a), other than fuel
553	or containers removed as provided in subsection (2), are
554	declared to be contraband.
555	(a)  Upon conviction of a person arrested for a violation
556	of paragraph (1)(a), the judge shall issue an order adjudging
557	and ordering that all conveyances, vessels, vehicles, and other
558	equipment used in the violation shall be forfeited to the
559	arresting agency. The requirement for a conviction before
560	forfeiture of property establishes to the exclusion of any
561	reasonable doubt that the property was used in connection with
562	the violation resulting in the conviction, and the procedures of
563	chapter 932 do not apply to any forfeiture of property under
564	this subsection following a conviction.
565	(b)  In the absence of an arrest or conviction, any such
566	conveyance, vessel, vehicle, or other equipment used in
567	violation of paragraph (1)(a) shall be subject to seizure and
568	forfeiture as provided by the Florida Contraband Forfeiture Act.
569	(c)  As used in this subsection, the term "conviction"
570	means a finding of guilt or the acceptance of a plea of guilty
571	or nolo contendere, regardless of whether adjudication is
572	withheld or whether imposition of sentence is withheld,
573	deferred, or suspended.
574	(4)  All costs incurred by the law enforcement agency in
575	the removal of any fuel, fuel container, other equipment, or
576	vessel as provided in this section shall be recoverable against
577	the owner thereof. Any person who neglects or refuses to pay
578	such amount shall not be issued a certificate of registration
579	for such vessel or for any other vessel or motor vehicle until
580	the costs have been paid.
581	Section 13.  Paragraph (k) of subsection (1) of section
582	327.73, Florida Statutes, is amended to read:
583	327.73  Noncriminal infractions.--
584	(1)  Violations of the following provisions of the vessel
585	laws of this state are noncriminal infractions:
586	(k)  Violations relating to boating-restricted restricted
587	areas and speed limits:
588	1.  Established by the commission or by local governmental
589	authorities pursuant to s. 327.46.
590	2.  Established by local governmental authorities pursuant
591	to s. 327.22 or s. 327.60.
592	2.3.  Speed limits established pursuant to s. 379.2431(2).
593
594	Any person cited for a violation of any such provision shall be
595	deemed to be charged with a noncriminal infraction, shall be
596	cited for such an infraction, and shall be cited to appear
597	before the county court. The civil penalty for any such
598	infraction is $50, except as otherwise provided in this section.
599	Any person who fails to appear or otherwise properly respond to
600	a uniform boating citation shall, in addition to the charge
601	relating to the violation of the boating laws of this state, be
602	charged with the offense of failing to respond to such citation
603	and, upon conviction, be guilty of a misdemeanor of the second
604	degree, punishable as provided in s. 775.082 or s. 775.083. A
605	written warning to this effect shall be provided at the time
606	such uniform boating citation is issued.
607	Section 14.  Subsections (1) and (2) of section 328.03,
608	Florida Statutes, are amended to read:
609	328.03  Certificate of title required.--
610	(1)  Each vessel that is operated, used, or stored on the
611	waters of this state must be titled by this state pursuant to
612	this chapter, unless it is:
613	(a)  A vessel operated, used, and stored exclusively on
614	private lakes and ponds;.
615	(b)  A vessel owned by the United States Government;.
616	(c)  A non-motor-powered vessel less than 16 feet in
617	length;.
618	(d)  A federally documented vessel;.
619	(e)  A vessel already covered by a registration number in
620	full force and effect which was awarded to it pursuant to a
621	federally approved numbering system of another state or by the
622	United States Coast Guard in a state without a federally
623	approved numbering system, if the vessel is not located in this
624	state for a period in excess of 90 consecutive days;.
625	(f)  A vessel from a country other than the United States
626	temporarily used, operated, or stored on using the waters of
627	this state for a period that is not in excess of 90 days;.
628	(g)  An amphibious vessel for which a vehicle title is
629	issued by the Department of Highway Safety and Motor Vehicles;.
630	(h)  A vessel used solely for demonstration, testing, or
631	sales promotional purposes by the manufacturer or dealer; or.
632	(i)  A vessel owned and operated by the state or a
633	political subdivision thereof.
634	(2)  A person shall not operate, use, or store a vessel for
635	which a certificate of title is required unless the owner has
636	received from the Department of Highway Safety and Motor
637	Vehicles a valid certificate of title for such vessel. However,
638	such vessel may be operated, used, or stored for a period of up
639	to 180 days after from the date of application for a certificate
640	of title while the application is pending.
641	Section 15.  Subsections (1) and (2) of section 328.07,
642	Florida Statutes, are amended to read:
643	328.07  Hull identification number required.--
644	(1)  No person shall operate, use, or store on the waters
645	of this state a vessel the construction of which began after
646	October 31, 1972, for which the department has issued a
647	certificate of title or which is required by law to be
648	registered, unless the vessel displays the assigned hull
649	identification number affixed by the manufacturer as required by
650	the United States Coast Guard or by the department for a
651	homemade vessel or other vessel for which a hull identification
652	number is not required by the United States Coast Guard. The
653	hull identification number must be carved, burned, stamped,
654	embossed, or otherwise permanently affixed to the outboard side
655	of the transom or, if there is no transom, to the outermost
656	starboard side at the end of the hull that bears the rudder or
657	other steering mechanism, above the waterline of the vessel in
658	such a way that alteration, removal, or replacement would be
659	obvious and evident. The characters of the hull identification
660	number must be no less than 12 in number and no less than one-
661	fourth inch in height.
662	(2)  No person shall operate, use, or store on the waters
663	of this state a vessel the construction of which was completed
664	before November 1, 1972, for which the department has issued a
665	certificate of title or which is required by law to be
666	registered, unless the vessel displays a hull identification
667	number. The hull identification number shall be clearly
668	imprinted in the transom or on the hull by stamping, impressing,
669	or marking with pressure. In lieu of imprinting, the hull
670	identification number may be displayed on a plate in a permanent
671	manner. A vessel for which the manufacturer has provided no hull
672	identification number or a homemade vessel shall be assigned a
673	hull identification number by the department which shall be
674	affixed to the vessel pursuant to this section.
675	(3)(a)  No person, firm, association, or corporation shall
676	destroy, remove, alter, cover, or deface the hull identification
677	number or hull serial number, or plate bearing such number, of
678	any vessel, except to make necessary repairs which require the
679	removal of the hull identification number and immediately upon
680	completion of such repairs shall reaffix the hull identification
681	number in accordance with subsection (2).
682	(b)  If any of the hull identification numbers required by
683	the United States Coast Guard for a vessel manufactured after
684	October 31, 1972, do not exist or have been altered, removed,
685	destroyed, covered, or defaced or the real identity of the
686	vessel cannot be determined, the vessel may be seized as
687	contraband property by a law enforcement agency or the division,
688	and shall be subject to forfeiture pursuant to ss. 932.701-
689	932.706. Such vessel may not be sold or operated on the waters
690	of the state unless the division receives a request from a law
691	enforcement agency providing adequate documentation or is
692	directed by written order of a court of competent jurisdiction
693	to issue to the vessel a replacement hull identification number
694	which shall thereafter be used for identification purposes. No
695	vessel shall be forfeited under the Florida Contraband
696	Forfeiture Act when the owner unknowingly, inadvertently, or
697	neglectfully altered, removed, destroyed, covered, or defaced
698	the vessel hull identification number.
699	Section 16.  Subsection (2) of section 328.40, Florida
700	Statutes, is amended to read:
701	328.40  Administration of vessel registration and titling
702	laws; records.--
703	(2)  The Department of Highway Safety and Motor Vehicles
704	shall keep electronic records and perform such other clerical
705	duties as required pertaining to:
706	(a)  Vessel registration and titling.
707	(b)  Suspension of the vessel operating privilege under
708	chapter 327 ss. 327.35-327.355.
709	Section 17.  Section 328.46, Florida Statutes, is amended
710	to read:
711	328.46  Operation of registered vessels.--
712	(1)  Every vessel that is required to be registered and
713	that is being operated, used, or stored on using the waters of
714	this state shall be registered and numbered within 30 days after
715	purchase by the owner except as specifically exempt. During this
716	30-day period, the owner operator is required to have aboard the
717	vessel and available for inspection a bill of sale. The bill of
718	sale for the vessel shall serve as the temporary certificate of
719	number that is required by federal law and must contain the
720	following information:
721	(a)  Make of the vessel.
722	(b)  Length of the vessel.
723	(c)  Type of propulsion.
724	(d)  Hull identification number.
725	(e)  A statement declaring Florida to be the state where
726	the vessel is principally used.
727	(f)  Name of the purchaser.
728	(g)  Address of the purchaser, including ZIP code.
729	(h)  Signature of the purchaser.
730	(i)  Name of the seller.
731	(j)  Signature of the seller.
732	(k)  Date of the sale of the vessel. The date of sale shall
733	also serve as the date of issuance of the temporary certificate
734	of number.
735	(l)  Notice to the purchaser and owner operator that the
736	temporary authority to use the vessel on the waters of this
737	state is invalid after 30 days following the date of sale of the
738	vessel.
739	(2)  No person shall operate, use, or store or give
740	permission for the operation, use, or storage of any such vessel
741	on such waters unless:
742	(a)  Such vessel is registered within 30 days after
743	purchase by the owner and numbered with the identifying number
744	set forth in the certificate of registration, displayed:
745	1.  In accordance with s. 328.48(4), except, if the vessel
746	is an airboat, the registration number may be displayed on each
747	side of the rudder; or
748	2.  In accordance with 33 C.F.R. s. 173.27, or with a
749	federally approved numbering system of another state; and
750	(b)  The certificate of registration or temporary
751	certificate of number awarded to such vessel is in full force
752	and effect.
753	Section 18.  Subsection (2) of section 328.48, Florida
754	Statutes, is amended to read:
755	328.48  Vessel registration, application, certificate,
756	number, decal, duplicate certificate.--
757	(2)  Each vessel operated, All vessels used, or stored on
758	the waters of this the state must be registered as a, either
759	commercial vessel or recreational vessel as defined in s. 327.02
760	this chapter, unless it is except as follows:
761	(a)  A vessel operated, used, and stored exclusively on
762	private lakes and ponds;.
763	(b)  A vessel owned by the United States Government;.
764	(c)  A vessel used exclusively as a ship's lifeboat; or.
765	(d)  A non-motor-powered vessel less than 16 feet in
766	length, or a and any non-motor-powered canoe, kayak, racing
767	shell, or rowing scull, regardless of length.
768	Section 19.  Section 328.56, Florida Statutes, is amended
769	to read:
770	328.56  Vessel registration number.--Each vessel that is
771	operated, used, or stored on the waters of this the state must
772	display a commercial or recreational Florida registration
773	number, unless it is:
774	(1)  A vessel operated, used, and stored exclusively on
775	private lakes and ponds;.
776	(2)  A vessel owned by the United States Government;.
777	(3)  A vessel used exclusively as a ship's lifeboat;.
778
779	(4)  A non-motor-powered vessel less than 16 feet in
780	length, or a and any non-motor-powered canoe, kayak, racing
781	shell, or rowing scull, regardless of length;.
782	(5)  A federally documented vessel;.
783	(6)  A vessel already covered by a registration number in
784	full force and effect which has been awarded to it pursuant to a
785	federally approved numbering system of another state or by the
786	United States Coast Guard in a state without a federally
787	approved numbering system, if the vessel has not been within
788	this state for a period in excess of 90 consecutive days;.
789	(7)  A vessel operating under a valid temporary certificate
790	of number;.
791	(8)  A vessel from a country other than the United States
792	temporarily using the waters of this state; or.
793	(9)  An undocumented vessel used exclusively for racing.
794	Section 20.  Section 328.58, Florida Statutes, is amended
795	to read:
796	328.58  Reciprocity of nonresident or alien vessels.--The
797	owner of any vessel already covered by a registration number in
798	full force and effect which has been awarded by:
799	(1)  By Another state pursuant to a federally approved
800	numbering system of another state;
801	(2)  By The United States Coast Guard in a state without a
802	federally approved numbering system; or
803	(3)  By The United States Coast Guard for a federally
804	documented vessel with a valid registration in full force and
805	effect from another state,
806
807	shall record the number with the Department of Highway Safety
808	and Motor Vehicles prior to operating, using, or storing the
809	vessel on the waters of this state in excess of the 90-day
810	reciprocity period provided for in this chapter. Such
811	recordation shall be pursuant to the procedure required for the
812	award of an original registration number, except that no
813	additional or substitute registration number shall be issued if
814	the vessel owner maintains the previously awarded registration
815	number in full force and effect.
816	Section 21.  Section 328.60, Florida Statutes, is amended
817	to read:
818	328.60  Military personnel; registration; penalties.--Any
819	military personnel on active duty in this state operating,
820	using, or storing a vessel on the waters of this state that has
821	a registration number in full force and effect which has been
822	awarded to it pursuant to a federally approved numbering system
823	of another state or by the United States Coast Guard in a state
824	without a federally approved numbering system, or a federally
825	documented vessel with a valid registration in full force and
826	effect from another state shall not be required to register his
827	or her vessel in this state while such certificate of
828	registration remains valid; but, at the expiration of such
829	registration certificate, all registration and titling shall be
830	issued by this state. In the case of a federally documented
831	vessel, the issuance of a title is not required by this chapter.
832	Section 22.  Section 328.65, Florida Statutes, is amended
833	to read:
834	328.65  Legislative intent with respect to registration and
835	numbering of vessels.--It is the legislative intent that vessels
836	be registered and numbered uniformly throughout the state. The
837	purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
838	328.72 is to make registration and numbering procedures similar
839	to those of automobiles and airplanes and to provide for a
840	vessel registration fee and certificate so as to determine the
841	ownership of vessels which are operated, used, or stored operate
842	on the waters of this state and to aid in the advancement of
843	maritime safety.
844	Section 23.  Subsection (1) of section 328.66, Florida
845	Statutes, is amended to read:
846	328.66  County and municipality optional registration
847	fee.--
848	(1)  Any county may impose an annual registration fee on
849	vessels registered, operated, used, or stored on the waters of
850	this state in the water within its jurisdiction. This fee shall
851	be 50 percent of the applicable state registration fee. However,
852	the first $1 of every registration imposed under this subsection
853	shall be remitted to the state for deposit in the Save the
854	Manatee Trust Fund created within the Fish and Wildlife
855	Conservation Commission, and shall be used only for the purposes
856	specified in s. 379.2431(4). All other moneys received from such
857	fee shall be expended for the patrol, regulation, and
858	maintenance of the lakes, rivers, and waters and for other
859	boating-related activities of such municipality or county. A
860	municipality that was imposing a registration fee before April
861	1, 1984, may continue to levy such fee, notwithstanding the
862	provisions of this section.
863	Section 24.  Subsection (13) of section 328.72, Florida
864	Statutes, is amended to read:
865	328.72  Classification; registration; fees and charges;
866	surcharge; disposition of fees; fines; marine turtle stickers.--
867	(13)  EXPIRED REGISTRATION.--The operation, use, or storage
868	on the waters of this state of a previously registered vessel
869	after the expiration of the registration period is a noncriminal
870	violation, as defined in s. 327.73.
871	Section 25.  Subsections (1) and (5) of section 379.304,
872	Florida Statutes, are amended to read:
873	379.304  Exhibition or sale of wildlife.--
874	(1)  Permits issued pursuant to s. 379.3761 this section
875	and places where wildlife is kept or held in captivity shall be
876	subject to inspection by officers of the commission at all
877	times. The commission shall have the power to release or
878	confiscate any specimens of any wildlife, specifically birds,
879	mammals, amphibians, or reptiles, whether indigenous to the
880	state or not, when it is found that conditions under which they
881	are being confined are unsanitary, or unsafe to the public in
882	any manner, or that the species of wildlife are being
883	maltreated, mistreated, or neglected or kept in any manner
884	contrary to the provisions of chapter 828, any such permit to
885	the contrary notwithstanding. Before any such wildlife is
886	confiscated or released under the authority of this section, the
887	owner thereof shall have been advised in writing of the
888	existence of such unsatisfactory conditions; the owner shall
889	have been given 30 days in which to correct such conditions; the
890	owner shall have failed to correct such conditions; the owner
891	shall have had an opportunity for a proceeding pursuant to
892	chapter 120; and the commission shall have ordered such
893	confiscation or release after careful consideration of all
894	evidence in the particular case in question. The final order of
895	the commission shall constitute final agency action.
896	(5)  A violation of this section is punishable as provided
897	by s. 379.4015 379.401.
898	Section 26.  Section 379.338, Florida Statutes, is amended
899	to read:
900	379.338  Confiscation and disposition of illegally taken
901	wildlife, freshwater fish, and saltwater fish game.--
902	(1)  All wildlife, game and freshwater fish, and saltwater
903	fish seized under the authority of this chapter, any other
904	chapter, or rules of the commission shall, upon conviction of
905	the offender or sooner in accordance with a court order if the
906	court so orders, be forfeited to the investigating law
907	enforcement agency. The law enforcement agency may elect to
908	retain the wildlife, freshwater fish, or saltwater fish for the
909	agency's official use; transfer it to another unit of state or
910	local government for official use; donate it to a charitable
911	organization; sell it at public sale pursuant to s. 705.103; or
912	destroy the wildlife, freshwater fish, or saltwater fish if none
913	of the other options is practicable or if the wildlife,
914	freshwater fish, or saltwater fish is unwholesome or otherwise
915	not of appreciable value. All live wildlife, freshwater fish,
916	and saltwater fish the possession of which is unlawful may be
917	properly documented as evidence as provided in s. 379.3381 and
918	returned to the habitat unharmed, except that nonnative species
919	may be released only as allowed by rule of the commission. Any
920	unclaimed wildlife, freshwater fish, or saltwater fish shall be
921	retained by the investigating law enforcement agency and
922	disposed of in accordance with this subsection and given to some
923	hospital or charitable institution and receipt therefor sent to
924	the Fish and Wildlife Conservation Commission.
925	(2)  All furs or hides or fur-bearing animals seized under
926	the authority of this chapter shall, upon conviction of the
927	offender, be forfeited and sent to the commission, which shall
928	sell the same and deposit the proceeds of such sale to the
929	credit of the State Game Trust Fund. If any such hides or furs
930	are seized and the offender is unknown, the court shall order
931	such hides or furs sent to the Fish and Wildlife Conservation
932	Commission, which shall sell such hides and furs.
933	(3)  and deposit The proceeds of any such sale under this
934	section shall be remitted to the Department of Revenue to be
935	deposited to the credit of the State Game Trust Fund or the
936	Marine Resources Conservation Trust Fund.
937	(4)  Any state, county, or municipal law enforcement agency
938	that enforces or assists the commission in enforcing this
939	chapter, which enforcement results in a forfeiture of property
940	as provided in this section, is entitled to receive all or a
941	share of any property based upon its participation in the
942	enforcement.
943	Section 27.  Section 379.3381, Florida Statutes, is created
944	to read:
945	379.3381  Photographic evidence of illegally taken
946	wildlife, freshwater fish, and saltwater fish.--In any
947	prosecution for a violation of this chapter, any other chapter,
948	or rules of the commission, a photograph of illegally taken
949	wildlife, freshwater fish, or saltwater fish may be deemed
950	competent evidence of such property and may be admissible in the
951	prosecution to the same extent as if such wildlife, freshwater
952	fish, or saltwater fish were introduced as evidence. Such
953	photograph shall bear a written description of the wildlife,
954	freshwater fish, or saltwater fish alleged to have been
955	illegally taken, the name of the violator, the location where
956	the alleged illegal taking occurred, the name of the
957	investigating law enforcement officer, the date the photograph
958	was taken, and the name of the photographer. Such writing shall
959	be made under oath by the investigating law enforcement officer,
960	and the photograph shall be identified by the signature of the
961	photographer.
962	Section 28.  Effective July 1, 2009, paragraphs (n) through
963	(q) of subsection (2) of section 379.353, Florida Statutes, are
964	redesignated as paragraphs (m) through (p), respectively, and
965	paragraphs (h) and (m) of subsection (2) of that section are
966	amended to read:
967	379.353  Recreational licenses and permits; exemptions from
968	fees and requirements.--
969	(2)  A hunting, freshwater fishing, or saltwater fishing
970	license or permit is not required for:
971	(h)  Any resident saltwater fishing from land or from a
972	structure fixed to the land who has been determined eligible for
973	the food stamp, temporary cash assistance, or Medicaid programs
974	administered by the Department of Children and Family Services
975	or the Medicaid program administered by the Social Security
976	Administration. A benefit issuance or program identification
977	card issued by the Department of Children and Family Services or
978	the Agency for Health Care Administration shall serve as proof
979	of program eligibility. The individual must have the benefit
980	issuance or program identification card and positive proof of
981	identification in his or her possession when fishing.
982	(m)  Any resident fishing for a saltwater species in fresh
983	water from land or from a structure fixed to land.
984	Section 29.  Paragraph (c) of subsection (2) of section
985	379.3671, Florida Statutes, is amended to read:
986	379.3671  Spiny lobster trap certificate program.--
987	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
988	PENALTIES.--The Fish and Wildlife Conservation Commission shall
989	establish a trap certificate program for the spiny lobster
990	fishery of this state and shall be responsible for its
991	administration and enforcement as follows:
992	(c)  Prohibitions; penalties.--
993	1.  It is unlawful for a person to possess or use a spiny
994	lobster trap in or on state waters or adjacent federal waters
995	without having affixed thereto the trap tag required by this
996	section. It is unlawful for a person to possess or use any other
997	gear or device designed to attract and enclose or otherwise aid
998	in the taking of spiny lobster by trapping that is not a trap as
999	defined by commission rule.
1000	2.  It is unlawful for a person to possess or use spiny
1001	lobster trap tags without having the necessary number of
1002	certificates on record as required by this section.
1003	3.  It is unlawful for any person to willfully molest, take
1004	possession of, or remove the contents of another harvester's
1005	spiny lobster trap without the express written consent of the
1006	trap owner available for immediate inspection. Unauthorized
1007	possession of another's trap gear or removal of trap contents
1008	constitutes theft.
1009	a.  A commercial harvester who violates this subparagraph
1010	shall be punished under ss. 379.367 and 379.407. Any commercial
1011	harvester receiving a judicial disposition other than dismissal
1012	or acquittal on a charge of theft of or from a trap pursuant to
1013	this subparagraph or s. 379.402 shall, in addition to the
1014	penalties specified in ss. 379.367 and 379.407 and the
1015	provisions of this section, permanently lose all his or her
1016	saltwater fishing privileges, including his or her saltwater
1017	products license, spiny lobster endorsement, and all trap
1018	certificates allotted to him or her through this program. In
1019	such cases, trap certificates and endorsements are
1020	nontransferable.
1021	b.  Any commercial harvester receiving a judicial
1022	disposition other than dismissal or acquittal on a charge of
1023	willful molestation of a trap, in addition to the penalties
1024	specified in ss. 379.367 and 379.407, shall lose all saltwater
1025	fishing privileges for a period of 24 calendar months.
1026	c.  In addition, any commercial harvester charged with
1027	violating this subparagraph and receiving a judicial disposition
1028	other than dismissal or acquittal for violating this
1029	subparagraph or s. 379.402 shall also be assessed an
1030	administrative penalty of up to $5,000.
1031
1032	Immediately upon receiving a citation for a violation involving
1033	theft of or from a trap, or molestation of a trap, and until
1034	adjudicated for such a violation or, upon receipt of a judicial
1035	disposition other than dismissal or acquittal of such a
1036	violation, the commercial harvester committing the violation is
1037	prohibited from transferring any spiny lobster trap certificates
1038	and endorsements.
1039	4.  In addition to any other penalties provided in s.
1040	379.407, a commercial harvester who violates the provisions of
1041	this section or commission rules relating to spiny lobster traps
1042	shall be punished as follows:
1043	a.  If the first violation is for violation of subparagraph
1044	1. or subparagraph 2., the commission shall assess an additional
1045	administrative penalty of up to $1,000. For all other first
1046	violations, the commission shall assess an additional
1047	administrative penalty of up to $500.
1048	b.  For a second violation of subparagraph 1. or
1049	subparagraph 2. which occurs within 24 months of any previous
1050	such violation, the commission shall assess an additional
1051	administrative penalty of up to $2,000 and the spiny lobster
1052	endorsement issued under s. 379.367(2) or (6) may be suspended
1053	for the remainder of the current license year.
1054	c.  For a third or subsequent violation of subparagraph 1.,
1055	subparagraph 2., or subparagraph 3. which occurs within 36
1056	months of any previous two such violations, the commission shall
1057	assess an additional administrative penalty of up to $5,000 and
1058	may suspend the spiny lobster endorsement issued under s.
1059	379.367(2) or (6) for a period of up to 24 months or may revoke
1060	the spiny lobster endorsement and, if revoking the spiny lobster
1061	endorsement, may also proceed against the licenseholder's
1062	saltwater products license in accordance with the provisions of
1063	s. 379.407(2)(h).
1064	d.  Any person assessed an additional administrative
1065	penalty pursuant to this section shall within 30 calendar days
1066	after notification:
1067	(I)  Pay the administrative penalty to the commission; or
1068	(II)  Request an administrative hearing pursuant to the
1069	provisions of ss. 120.569 and 120.57.
1070	e.  The commission shall suspend the spiny lobster
1071	endorsement issued under s. 379.367(2) or (6) for any person
1072	failing to comply with the provisions of sub-subparagraph d.
1073	5.a.  It is unlawful for any person to make, alter, forge,
1074	counterfeit, or reproduce a spiny lobster trap tag or
1075	certificate.
1076	b.  It is unlawful for any person to knowingly have in his
1077	or her possession a forged, counterfeit, or imitation spiny
1078	lobster trap tag or certificate.
1079	c.  It is unlawful for any person to barter, trade, sell,
1080	supply, agree to supply, aid in supplying, or give away a spiny
1081	lobster trap tag or certificate or to conspire to barter, trade,
1082	sell, supply, aid in supplying, or give away a spiny lobster
1083	trap tag or certificate unless such action is duly authorized by
1084	the commission as provided in this chapter or in the rules of
1085	the commission.
1086	6.a.  Any commercial harvester who violates the provisions
1087	of subparagraph 5., or any commercial harvester who engages in
1088	the commercial harvest, trapping, or possession of spiny lobster
1089	without a spiny lobster endorsement as required by s. 379.367(2)
1090	or (6) or during any period while such spiny lobster endorsement
1091	is under suspension or revocation, commits a felony of the third
1092	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1093	775.084.
1094	b.  In addition to any penalty imposed pursuant to sub-
1095	subparagraph a., the commission shall levy a fine of up to twice
1096	the amount of the appropriate surcharge to be paid on the fair
1097	market value of the transferred certificates, as provided in
1098	subparagraph (a)1., on any commercial harvester who violates the
1099	provisions of sub-subparagraph 5.c.
1100	c.  In addition to any penalty imposed pursuant to sub-
1101	subparagraph a., any commercial harvester receiving any judicial
1102	disposition other than acquittal or dismissal for a violation of
1103	subparagraph 5. shall be assessed an administrative penalty of
1104	up to $5,000, and the spiny lobster endorsement under which the
1105	violation was committed may be suspended for up to 24 calendar
1106	months. Immediately upon issuance of a citation involving a
1107	violation of subparagraph 5. and until adjudication of such a
1108	violation, and after receipt of any judicial disposition other
1109	than acquittal or dismissal for such a violation, the commercial
1110	harvester holding the spiny lobster endorsement listed on the
1111	citation is prohibited from transferring any spiny lobster trap
1112	certificates.
1113	d.  Any other person who violates the provisions of
1114	subparagraph 5. commits a Level Four violation under s. 379.401.
1115	7.  Prior to the 2010-2011 license year, any certificates
1116	for which the annual certificate fee is not paid for a period of
1117	3 years shall be considered abandoned and shall revert to the
1118	commission. Beginning with the 2010-2011 license year, any
1119	certificate for which the annual certificate fee is not paid for
1120	a period of 2 consecutive years shall be considered abandoned
1121	and shall revert to the commission. During any period of trap
1122	reduction, any certificates reverting to the commission shall
1123	become permanently unavailable and be considered in that amount
1124	to be reduced during the next license-year period. Otherwise,
1125	any certificates that revert to the commission are to be
1126	reallotted in such manner as provided by the commission.
1127	8.  The proceeds of all administrative penalties collected
1128	pursuant to subparagraph 4. and all fines collected pursuant to
1129	sub-subparagraph 6.b. shall be deposited into the Marine
1130	Resources Conservation Trust Fund.
1131	9.  All traps shall be removed from the water during any
1132	period of suspension or revocation.
1133	10.  Except as otherwise provided, any person who violates
1134	this paragraph commits a Level Two violation under s. 379.401.
1135	Section 30.  Effective July 1, 2009, paragraphs (c), (d),
1136	and (e) of subsection (2) of section 379.3751, Florida Statutes,
1137	are amended to read:
1138	379.3751  Taking and possession of alligators; trapping
1139	licenses; fees.--
1140	(2)  The license and issuance fee, and the activity
1141	authorized thereby, shall be as follows:
1142	(c)  The annual fee for issuance of an alligator trapping
1143	agent's license, which permits a person to act as an agent of
1144	any person who has been issued a resident or nonresident
1145	alligator trapping license as provided in paragraph (a) or
1146	paragraph (b) and to take alligators occurring in the wild other
1147	than alligator hatchlings, and to possess and process alligators
1148	taken under authority of such agency relationship, and to
1149	possess, process, and sell their hides and meat, shall be $50.
1150	Such alligator trapping agent's license shall be issued only in
1151	conjunction with an alligator trapping license and shall bear on
1152	its face in indelible ink the name and license number of the
1153	alligator trapping licenseholder for whom the holder of this
1154	license is acting as an agent.
1155	(d)  The annual fee for issuance of an alligator farming
1156	license, which permits a person to operate a facility for
1157	captive propagation of alligators, to possess alligators for
1158	captive propagation, to take alligator hatchlings and alligator
1159	eggs occurring in the wild, to rear such alligators, alligator
1160	hatchlings, and alligator eggs in captivity, to process
1161	alligators taken or possessed under authority of such alligator
1162	farming license or otherwise legally acquired, and to possess,
1163	process, and sell their hides and meat, shall be $250.
1164	(e)  The annual fee for issuance of an alligator farming
1165	agent's license, which permits a person to act as an agent of
1166	any person who has been issued an alligator farming license as
1167	provided in paragraph (d) and to take alligator hatchlings and
1168	alligator eggs occurring in the wild, and to possess and process
1169	alligators taken under authority of such agency relationship,
1170	and to possess, process, and sell their hides and meat, shall be
1171	$50. Such license shall be issued only in conjunction with an
1172	alligator farming license, and shall bear on its face in
1173	indelible ink the name and license number of the alligator
1174	farming licenseholder for whom the holder of this license is
1175	acting as an agent.
1176	Section 31.  Subsection (6) is added to section 379.3761,
1177	Florida Statutes, to read:
1178	379.3761  Exhibition or sale of wildlife; fees;
1179	classifications.--
1180	(6)  A person who violates this section is punishable as
1181	provided in s. 379.4015.
1182	Section 32.  Subsection (5) of section 379.3762, Florida
1183	Statutes, is amended to read:
1184	379.3762  Personal possession of wildlife.--
1185	(5)  A person who violates Persons in violation of this
1186	section is shall be punishable as provided in s. 379.4015
1187	379.401.
1188	Section 33.  Paragraph (a) of subsection (2) and paragraph
1189	(a) of subsection (4) of section 379.401, Florida Statutes, are
1190	amended to read:
1191	379.401  Penalties and violations; civil penalties for
1192	noncriminal infractions; criminal penalties; suspension and
1193	forfeiture of licenses and permits.--
1194	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1195	violation if he or she violates any of the following provisions:
1196	1.  Rules or orders of the commission relating to seasons
1197	or time periods for the taking of wildlife, freshwater fish, or
1198	saltwater fish.
1199	2.  Rules or orders of the commission establishing bag,
1200	possession, or size limits or restricting methods of taking
1201	wildlife, freshwater fish, or saltwater fish.
1202	3.  Rules or orders of the commission prohibiting access or
1203	otherwise relating to access to wildlife management areas or
1204	other areas managed by the commission.
1205	4.  Rules or orders of the commission relating to the
1206	feeding of wildlife, freshwater fish, or saltwater fish.
1207	5.  Rules or orders of the commission relating to landing
1208	requirements for freshwater fish or saltwater fish.
1209	6.  Rules or orders of the commission relating to
1210	restricted hunting areas, critical wildlife areas, or bird
1211	sanctuaries.
1212	7.  Rules or orders of the commission relating to tagging
1213	requirements for wildlife game and fur-bearing animals.
1214	8.  Rules or orders of the commission relating to the use
1215	of dogs for the taking of wildlife game.
1216	9.  Rules or orders of the commission which are not
1217	otherwise classified.
1218	10.  Rules or orders of the commission prohibiting the
1219	unlawful use of finfish traps.
1220	11.  All prohibitions in this chapter which are not
1221	otherwise classified.
1222	12.  Section 379.33, prohibiting the violation of or
1223	noncompliance with commission rules.
1224	13.  Section 379.407(6), prohibiting the sale, purchase,
1225	harvest, or attempted harvest of any saltwater product with
1226	intent to sell.
1227	14.  Section 379.2421, prohibiting the obstruction of
1228	waterways with net gear.
1229	15.  Section 379.413, prohibiting the unlawful taking of
1230	bonefish.
1231	16.  Section 379.365(2)(a) and (b), prohibiting the
1232	possession or use of stone crab traps without trap tags and
1233	theft of trap contents or gear.
1234	17.  Section 379.366(4)(b), prohibiting the theft of blue
1235	crab trap contents or trap gear.
1236	18.  Section 379.3671(2)(c), prohibiting the possession or
1237	use of spiny lobster traps without trap tags or certificates and
1238	theft of trap contents or trap gear.
1239	19.  Section 379.357, prohibiting the possession of tarpon
1240	without purchasing a tarpon tag.
1241	20.  Rules or orders of the commission Section 379.409,
1242	prohibiting the feeding or enticement of alligators or
1243	crocodiles.
1244	21.  Section 379.105, prohibiting the intentional
1245	harassment of hunters, fishers, or trappers.
1246	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1247	Four violation if he or she violates any of the following
1248	provisions:
1249	1.  Section 379.365(2)(c), prohibiting criminal activities
1250	relating to the taking of stone crabs.
1251	2.  Section 379.366(4)(c), prohibiting criminal activities
1252	relating to the taking and harvesting of blue crabs.
1253	3.  Section 379.367(4), prohibiting the willful molestation
1254	of spiny lobster gear.
1255	4.  Section 379.3671(2)(c)5., prohibiting the unlawful
1256	reproduction, possession, sale, trade, or barter of spiny
1257	lobster trap tags or certificates.
1258	5.  Section 379.354(16), prohibiting the making, forging,
1259	counterfeiting, or reproduction of a recreational license or
1260	possession of same without authorization from the commission.
1261	6.  Section 379.404(5), prohibiting the sale of illegally-
1262	taken deer or wild turkey.
1263	7.  Section 379.405, prohibiting the molestation or theft
1264	of freshwater fishing gear.
1265	8.  Section 379.409, prohibiting the unlawful killing,
1266	injuring, possessing, or capturing of alligators or other
1267	crocodilia or their eggs.
1268	Section 34.  Paragraph (a) of subsection (2) of section
1269	379.4015, Florida Statutes, is amended to read:
1270	379.4015  Captive wildlife penalties.--
1271	(2)  LEVEL TWO.--Unless otherwise provided by law, the
1272	following classifications and penalties apply:
1273	(a)  A person commits a Level Two violation if he or she
1274	violates any of the following provisions:
1275	1.  Unless otherwise stated in subsection (1), rules or
1276	orders of the commission that require a person to pay a fee to
1277	obtain a permit to possess captive wildlife or that require the
1278	maintenance of records relating to captive wildlife.
1279	2.  Rules or orders of the commission relating to captive
1280	wildlife not specified in subsection (1) or subsection (3).
1281	3.  Rules or orders of the commission that require housing
1282	of wildlife in a safe manner when a violation results in an
1283	escape of wildlife other than Class I wildlife.
1284	4.  Section 379.372, relating to capturing, keeping,
1285	possessing, transporting, or exhibiting venomous reptiles or
1286	reptiles of concern.
1287	5.  Section 379.373, relating to requiring a license or
1288	permit for the capturing, keeping, possessing, or exhibiting of
1289	venomous reptiles or reptiles of concern.
1290	6.  Section 379.374, relating to bonding requirements for
1291	public exhibits of venomous reptiles.
1292	7.  Section 379.305, relating to commission rules and
1293	regulations to prevent the escape of venomous reptiles or
1294	reptiles of concern.
1295	8.  Section 379.304, relating to exhibition or sale of
1296	wildlife.
1297	9.  Section 379.3761, relating to exhibition or sale of
1298	wildlife.
1299	10.  Section 379.3762, relating to personal possession of
1300	wildlife.
1301	Section 35.  The Fish and Wildlife Conservation Commission,
1302	in consultation with the Department of Environmental Protection,
1303	is directed to establish a pilot program in at least one but not
1304	more than five locations to explore potential options for
1305	regulating the anchoring or mooring of non-live-aboard vessels
1306	outside the marked boundaries of public mooring fields.
1307	(1)  The goals of the pilot program are to encourage the
1308	establishment of additional public mooring fields and to develop
1309	and test policies and regulatory regimes that:
1310	(a)  Promote the establishment and use of public mooring
1311	fields.
1312	(b)  Promote public access to the waters of this state.
1313	(c)  Enhance navigational safety.
1314	(d)  Protect maritime infrastructure.
1315	(e)  Protect the marine environment.
1316	(f)  Deter improperly stored, abandoned, or derelict
1317	vessels.
1318	(2)  Each location selected for inclusion in the pilot
1319	program must be associated with a properly permitted mooring
1320	field. The commission, in consultation with the department,
1321	shall select all locations for the pilot program prior to July
1322	1, 2011. If more than one location is selected, the selections
1323	must be geographically diverse and take into consideration the
1324	various users and means of using the waters of this state.
1325	(3)  Notwithstanding the provisions of s. 327.60, Florida
1326	Statutes, a county or municipality selected for participation in
1327	the pilot program may regulate by ordinance the anchoring of
1328	vessels, other than live-aboard vessels as defined in s. 327.02,
1329	Florida Statutes, outside of a mooring field. Any ordinance
1330	enacted under the pilot program shall take effect and become
1331	enforceable only after approval by the commission. The
1332	commission shall not approve any ordinance not consistent with
1333	the goals of the pilot program.
1334	(4)  The commission shall:
1335	(a)  Provide consultation and technical assistance to each
1336	municipality or county selected for participation in the pilot
1337	program to facilitate accomplishment of the pilot program's
1338	goals.
1339	(b)  Coordinate the review of any proposed ordinance with
1340	the department; the Coast Guard; the Florida Inland Navigation
1341	District or the West Coast Inland Navigation District, as
1342	appropriate; and associations or other organizations
1343	representing vessel owners or operators.
1344	(c)  Monitor and evaluate at least annually each location
1345	selected for participation in the pilot program and make such
1346	modifications as may be necessary to accomplish the pilot
1347	program's goals.
1348	(5)  The commission shall submit a report of its findings
1349	and recommendations to the Governor, the President of the
1350	Senate, and the Speaker of the House of Representatives by
1351	January 1, 2014.
1352	(6)  The pilot program shall expire on July 1, 2014, unless
1353	reenacted by the Legislature. All ordinances enacted under this
1354	section shall expire concurrently with the expiration of the
1355	pilot program and shall be inoperative and unenforceable
1356	thereafter.
1357	Section 36.  Section 327.22, Florida Statutes, is repealed.
1358	Section 37.  Effective July 1, 2009, subsection (7) of
1359	section 379.366, Florida Statutes, is repealed.
1360	Section 38. Except as otherwise expressly provided in this
1361	act, this act shall take effect October 1, 2009.

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