CS/HB 1423

1	A bill to be entitled
2	An act relating to the Fish and Wildlife Conservation
3	Commission; amending s. 206.606, F.S.; transferring
4	authority from the Department of Revenue to the Fish and
5	Wildlife Conservation Commission to allocate funds from
6	the Invasive Plant Control Trust Fund for specified
7	purposes; amending s. 253.002, F.S.; authorizing the Board
8	of Trustees of the Internal Improvement Trust Fund to
9	delegate certain authority relating to aquatic and
10	noninvasive plants to the Department of Agriculture and
11	Consumer Services and the Fish and Wildlife Conservation
12	Commission; amending s. 253.04, F.S.; providing for the
13	preservation and regeneration of seagrasses; providing
14	definitions; providing penalties; amending s. 319.32,
15	F.S.; increasing the certificate of title fee for certain
16	vehicles; amending s. 320.08056, F.S.; increasing the
17	annual use fee for certain specialty license plates;
18	amending s. 327.02, F.S.; revising the definition of the
19	term "live-aboard vessel"; amending s. 327.35, F.S.;
20	revising penalties for boating under the influence of
21	alcohol; revising the blood-alcohol level or breath-
22	alcohol level at which certain penalties apply; amending
23	s. 327.36, F.S.; revising a prohibition against accepting
24	a plea to a lesser included offense from a person who is
25	charged with certain offenses involving the operation of a
26	vessel; revising the blood-alcohol level or breath-alcohol
27	level at which the prohibition applies; amending s.
28	327.395, F.S.; revising the age limitation for the
29	operation of specified vessels; revising provisions
30	relating to boating safety identification cards; providing
31	exemptions and penalties; amending s. 327.40, F.S.;
32	revising provisions for placement of navigation, safety,
33	and informational markers of waterways; providing for
34	uniform waterway markers; removing an exemption from
35	permit requirements for certain markers placed by county,
36	municipal, or other governmental entities; amending s.
37	327.41, F.S., relating to placement of markers by a
38	county, municipality, or other governmental entity;
39	revising terminology; providing for a county,
40	municipality, or other governmental entity that has been
41	granted or has adopted or established a boating-restricted
42	area to apply for permission to place regulatory markers;
43	amending s. 327.42, F.S.; revising provisions prohibiting
44	mooring to or damaging markers or buoys; amending s.
45	327.46, F.S.; revising provisions for establishment by the
46	Fish and Wildlife Conservation Commission of boating-
47	restricted areas; providing for counties and
48	municipalities to establish boating-restricted areas with
49	approval of the commission; directing the commission to
50	adopt rules for the approval; revising a prohibition
51	against operating a vessel in a prohibited manner in a
52	boating-restricted area; amending s. 327.60, F.S.;
53	revising provisions limiting local regulations relating to
54	vessels operated upon the waters of this state;
55	prohibiting specified county or municipality ordinances or
56	regulations; amending s. 327.65, F.S.; conforming a cross-
57	reference; creating s. 327.66, F.S.; prohibiting
58	possessing or operating a vessel equipped with certain
59	fuel containers or related equipment; prohibiting
60	transporting fuel in a vessel except in compliance with
61	certain federal regulations; providing penalties;
62	declaring fuel transported in violation of such
63	prohibitions to be a public nuisance and directing the
64	enforcing agency to abate the nuisance; providing for
65	disposal of the containers and fuel; declaring
66	conveyances, vessels, vehicles, and equipment used in such
67	violation to be contraband; providing for seizure of the
68	contraband; defining the term "conviction" for specified
69	purposes; providing for the costs to remove fuel,
70	containers, vessels, and equipment to be paid by the
71	owner; providing that a person who fails to pay such cost
72	shall not be issued a certificate of registration for a
73	vessel or motor vehicle; providing an exemption; amending
74	s. 327.70, F.S.; authorizing municipal police officers and
75	specified law enforcement officers to enforce the
76	provisions of chs. 327 and 328; providing for enforcement
77	of noncriminal violations by citation mailed to the owner
78	of a vessel; specifying responsibility for citations
79	issued to livery vessels; amending s. 327.73, F.S.;
80	revising provisions for citation of a noncriminal
81	infraction to provide for violations relating to boating-
82	restricted areas and speed limits; revising provisions
83	relating to establishment of such limits by counties and
84	municipalities; providing civil penalties for seagrass
85	scarring; amending s. 327.731, F.S.; conforming a cross-
86	reference; amending s. 328.03, F.S.; requiring vessels
87	used or stored on the waters of this state to be titled by
88	this state pursuant to specified provisions; providing
89	exceptions; amending s. 328.07, F.S.; requiring certain
90	vessels used or stored on the waters of this state to have
91	affixed a hull identification number; amending ss. 328.46,
92	328.48, and 328.56, F.S.; requiring vessels operated,
93	used, or stored on the waters of this state to be
94	registered and display the registration number; providing
95	exceptions; amending s. 328.58, F.S., relating to
96	reciprocity of nonresident or alien vessels; requiring the
97	owner of a vessel with a valid registration from another
98	state, a vessel with a valid registration from the United
99	States Coast Guard in another state, or a federally
100	documented vessel from another state to record the
101	registration number with the Department of Highway Safety
102	and Motor Vehicles when using or storing the vessel on the
103	waters of this state in excess of the 90-day reciprocity
104	period; amending s. 328.60, F.S.; providing an exception
105	to registration requirements for military personnel using
106	or storing on the waters of this state a vessel with a
107	valid registration from another state, a vessel with a
108	valid registration from the United States Coast Guard in
109	another state, or a federally documented vessel from
110	another state; amending s. 328.65, F.S.; revising
111	legislative intent with respect to registration and
112	numbering of vessels; amending s. 328.66, F.S.;
113	authorizing a county to impose an annual registration fee
114	on vessels used on the waters of this state within its
115	jurisdiction; amending s. 328.72, F.S.; providing
116	noncriminal penalties for use or storage of a previously
117	registered vessel after the expiration of the registration
118	period; amending ss. 369.20, 369.22, and 369.25, F.S.;
119	authorizing the commission to enforce specified provisions
120	relating to aquatic weeds and plants; granting certain
121	activities a mixing zone for turbidity; amending s.
122	379.304, F.S.; revising cross-references for permitting
123	and violation provisions relating to the exhibition or
124	sale of wildlife; amending s. 379.338, F.S.; providing for
125	confiscation and disposition of illegally taken wildlife,
126	freshwater fish, or saltwater fish; providing for
127	disposition of the proceeds from sales; providing for an
128	agency that assists in the enforcement action to receive a
129	portion or all of any forfeited property; creating s.
130	379.3381, F.S.; providing for photographs of wildlife,
131	freshwater fish, and saltwater fish to be used as evidence
132	in a prosecution in lieu of the wildlife, freshwater fish,
133	or saltwater fish; amending s. 379.353, F.S.; revising
134	eligibility criteria for exemption from certain
135	recreational license and permit requirements; amending s.
136	379.354, F.S.; providing for an annual resident shoreline
137	fishing license and its fee; amending s. 379.3671, F.S.;
138	revising provisions for abandonment and reversion of
139	lobster trap certificates under specified conditions;
140	amending s. 379.3751, F.S.; specifying activities relating
141	to the taking and possession of alligators that require a
142	license and payment of the applicable fee; deleting
143	provisions relating to the issuance, form, and content of
144	such licenses; amending s. 379.3761, F.S.; providing
145	penalties for violations relating to the exhibition or
146	sale of wildlife; amending s. 379.3762, F.S.; revising a
147	cross-reference with respect to the penalties imposed for
148	violations relating to the personal possession of
149	wildlife; amending s. 379.401, F.S.; revising
150	applicability of violation provisions relating to
151	alligators and crocodiles; conforming references to
152	wildlife; amending s. 379.4015, F.S.; specifying
153	applicability of captive wildlife penalty provisions
154	relating to the exhibition or sale of wildlife; creating
155	s. 379.501, F.S.; providing penalties for violations
156	relating to aquatic weeds and plants; providing
157	legislative intent for civil penalties and criminal fines
158	imposed by a court; creating s. 379.502, F.S.; providing
159	judicial and administrative procedures and remedies to
160	enforce penalty provisions for violations relating to
161	aquatic weeds and plants; providing for mediation;
162	providing for recovery of costs and attorney's fees;
163	requiring proceeds from related penalties to be credited
164	to the Invasive Plant Control Trust Fund; creating s.
165	379.503, F.S.; authorizing the commission to seek
166	injunctive relief; providing that judicial and
167	administrative remedies are alternative and mutually
168	exclusive; creating s. 379.504, F.S.; providing civil
169	penalties for violations relating to aquatic weeds and
170	plants; authorizing a court to impose a civil penalty for
171	each offense not to exceed a specified amount; providing
172	for joint and several liability; providing for a
173	methodology for assessing certain damages; amending s.
174	403.088, F.S.; requiring the commission to approve an
175	aquatic weeds and algae control program; directing the
176	commission, in consultation with the Department of
177	Environmental Protection, to establish a pilot program to
178	explore options for regulating the anchoring or mooring of
179	non-live-aboard vessels outside the marked boundaries of
180	public mooring fields; providing goals and procedures;
181	providing duties of the commission; requiring a report to
182	the Governor and the Legislature; providing for expiration
183	of the pilot program and any ordinance enacted thereunder;
184	providing for a type two transfer of the Bureau of
185	Invasive Plant Management within the Department of
186	Environmental Protection to the Fish and Wildlife
187	Conservation Commission; ratifying actions taken pursuant
188	to ch. 2008-150, Laws of Florida, and an interagency
189	agreement executed pursuant thereto; transferring the
190	Invasive Plant Control Trust Fund within the Department of
191	Environmental Protection to the Fish and Wildlife
192	Conservation Commission; providing a continuing
193	appropriation to the commission for the purpose of issuing
194	licenses for the exhibition and sale of wildlife;
195	reenacting s. 379.209(2), F.S., relating to funds credited
196	to the Nongame Wildlife Trust Fund, to incorporate an
197	amendment made to s. 319.32, F.S., in a reference thereto;
198	reenacting s. 379.3581(7), F.S., relating to hunting
199	safety, to incorporate the amendment made to s. 379.353,
200	F.S., in a reference thereto; repealing s. 327.22, F.S.,
201	relating to regulation of vessels by municipalities or
202	counties; repealing s. 379.366(7), F.S., to abrogate the
203	expiration of provisions imposing blue crab effort
204	management program fees and penalties; providing effective
205	dates.
206
207	Be It Enacted by the Legislature of the State of Florida:
208
209	Section 1.  Paragraph (a) of subsection (1) of section
210	206.606, Florida Statutes, is amended to read:
211	206.606  Distribution of certain proceeds.--
212	(1)  Moneys collected pursuant to ss. 206.41(1)(g) and
213	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
214	Fund. Such moneys, after deducting the service charges imposed
215	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
216	administrative costs incurred by the department in collecting,
217	administering, enforcing, and distributing the tax, which
218	administrative costs may not exceed 2 percent of collections,
219	shall be distributed monthly to the State Transportation Trust
220	Fund, except that:
221	(a)  $6.30 million shall be transferred to the Fish and
222	Wildlife Conservation Commission in each fiscal year and
223	deposited in the Invasive Plant Control Trust Fund to be used
224	for aquatic plant management, including nonchemical control of
225	aquatic weeds, research into nonchemical controls, and
226	enforcement activities. Beginning in fiscal year 1993-1994, The
227	commission department shall allocate at least $1 million of such
228	funds to the eradication of melaleuca.
229	Section 2.  Subsection (1) of section 253.002, Florida
230	Statutes, is amended to read:
231	253.002  Department of Environmental Protection, water
232	management districts, Fish and Wildlife Conservation Commission,
233	and Department of Agriculture and Consumer Services; duties with
234	respect to state lands.--
235	(1)  The Department of Environmental Protection shall
236	perform all staff duties and functions related to the
237	acquisition, administration, and disposition of state lands,
238	title to which is or will be vested in the Board of Trustees of
239	the Internal Improvement Trust Fund. However, upon the effective
240	date of rules adopted pursuant to s. 373.427, a water management
241	district created under s. 373.069 shall perform the staff duties
242	and functions related to the review of any application for
243	authorization to use board of trustees-owned submerged lands
244	necessary for an activity regulated under part IV of chapter 373
245	for which the water management district has permitting
246	responsibility as set forth in an operating agreement adopted
247	pursuant to s. 373.046(4); and the Department of Agriculture and
248	Consumer Services shall perform the staff duties and functions
249	related to the review of applications and compliance with
250	conditions for use of board of trustees-owned submerged lands
251	under authorizations or leases issued pursuant to ss. 253.67-
252	253.75 and 597.010. Unless expressly prohibited by law, the
253	board of trustees may delegate to the department any statutory
254	duty or obligation relating to the acquisition, administration,
255	or disposition of lands, title to which is or will be vested in
256	the board of trustees. The board of trustees may also delegate
257	to any water management district created under s. 373.069 the
258	authority to take final agency action, without any action on
259	behalf of the board, on applications for authorization to use
260	board of trustees-owned submerged lands for any activity
261	regulated under part IV of chapter 373 for which the water
262	management district has permitting responsibility as set forth
263	in an operating agreement adopted pursuant to s. 373.046(4).
264	This water management district responsibility under this
265	subsection shall be subject to the department's general
266	supervisory authority pursuant to s. 373.026(7). The board of
267	trustees may also delegate to the Department of Agriculture and
268	Consumer Services the authority to take final agency action on
269	behalf of the board on applications to use board of trustees-
270	owned submerged lands for any activity for which that department
271	has responsibility pursuant to ss. 253.67-253.75, 369.25,
272	369.251, and 597.010. However, the board of trustees shall
273	retain the authority to take final agency action on establishing
274	any areas for leasing, new leases, expanding existing lease
275	areas, or changing the type of lease activity in existing
276	leases. Upon issuance of an aquaculture lease or other real
277	property transaction relating to aquaculture, the Department of
278	Agriculture and Consumer Services must send a copy of the
279	document and the accompanying survey to the Department of
280	Environmental Protection. The board of trustees may also
281	delegate to the Fish and Wildlife Conservation Commission the
282	authority to take final agency action, without any action on
283	behalf of the board, on applications for authorization to use
284	board of trustees-owned submerged lands for any activity
285	regulated under ss. s. 369.20 and 369.22.
286	Section 3.  Effective October 1, 2009, subsections (4)
287	through (7) of section 253.04, Florida Statutes, are renumbered
288	as subsections (5) through (8), respectively, and a new
289	subsection (4) is added to that section to read:
290	253.04  Duty of board to protect, etc., state lands; state
291	may join in any action brought.--
292	(4)(a)  The duty to conserve and improve state-owned lands
293	and the products thereof shall include the preservation and
294	regeneration of seagrass, which is deemed essential to the
295	oceans, gulfs, estuaries, and shorelines of the state. A person
296	operating a vessel outside a lawfully marked channel in a
297	careless manner that causes seagrass scarring within an aquatic
298	preserve established in ss. 258.39-258.399, with the exception
299	of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
300	Springs aquatic preserves, commits a noncriminal infraction,
301	punishable as provided in s. 327.73. Each violation is a
302	separate offense. As used in this subsection, the term:
303	1.  "Seagrass" means Cuban shoal grass (Halodule wrightii),
304	turtle grass (Thalassia testudinum), manatee grass (Syringodium
305	filiforme), star grass (Halophila engelmannii), paddle grass
306	(Halophila decipiens), Johnson's seagrass (Halophila johnsonii),
307	or widgeon grass (Ruppia maritima).
308	2.  "Seagrass scarring" means destruction of seagrass
309	roots, shoots, or stems that results in tracks on the substrate
310	commonly referred to as prop scars or propeller scars caused by
311	the operation of a motorized vessel in waters supporting
312	seagrasses.
313	(b)  Any violation under paragraph (a) is a violation of
314	the vessel laws of this state and shall be charged on a uniform
315	boating citation as provided in s. 327.74. Any person who
316	refuses to post a bond or accept and sign a uniform boating
317	citation commits a misdemeanor of the second degree, as provided
318	in s. 327.73(3), punishable as provided in s. 775.082 or s.
319	775.083.
320	Section 4.  Effective October 1, 2009, subsection (3) of
321	section 319.32, Florida Statutes, is amended to read:
322	319.32  Fees; service charges; disposition.--
323	(3)  The department shall charge a fee of $10 $4 in
324	addition to that charged in subsection (1) for each original
325	certificate of title issued for a vehicle previously registered
326	outside this state.
327	Section 5.  Effective October 1, 2009, paragraphs (a) and
328	(x) of subsection (4) of section 320.08056, Florida Statutes,
329	are amended to read:
330	320.08056  Specialty license plates.--
331	(4)  The following license plate annual use fees shall be
332	collected for the appropriate specialty license plates:
333	(a)  Manatee license plate, $25 $20.
334	(x)  Conserve Wildlife license plate, $25 $15.
335	Section 6.  Subsection (17) of section 327.02, Florida
336	Statutes, is amended to read:
337	327.02  Definitions of terms used in this chapter and in
338	chapter 328.--As used in this chapter and in chapter 328, unless
339	the context clearly requires a different meaning, the term:
340	(17)  "Live-aboard vessel" means:
341	(a)  Any vessel used solely as a residence and not for
342	navigation; or
343	(b)  Any vessel represented as a place of business, or a
344	professional or other commercial enterprise;, or
345	(c)  Any vessel for which a declaration of domicile has
346	been filed pursuant to s. 222.17 a legal residence.
347
348	A commercial fishing boat is expressly excluded from the term
349	"live-aboard vessel."
350	Section 7.  Subsection (4) of section 327.35, Florida
351	Statutes, is amended to read:
352	327.35  Boating under the influence; penalties; "designated
353	drivers".--
354	(1)  A person is guilty of the offense of boating under the
355	influence and is subject to punishment as provided in subsection
356	(2) if the person is operating a vessel within this state and:
357	(a)  The person is under the influence of alcoholic
358	beverages, any chemical substance set forth in s. 877.111, or
359	any substance controlled under chapter 893, when affected to the
360	extent that the person's normal faculties are impaired;
361	(b)  The person has a blood-alcohol level of 0.08 or more
362	grams of alcohol per 100 milliliters of blood; or
363	(c)  The person has a breath-alcohol level of 0.08 or more
364	grams of alcohol per 210 liters of breath.
365	(4)  Any person who is convicted of a violation of
366	subsection (1) and who has a blood-alcohol level or breath-
367	alcohol level of 0.15 0.20 or higher, or any person who is
368	convicted of a violation of subsection (1) and who at the time
369	of the offense was accompanied in the vessel by a person under
370	the age of 18 years, shall be punished:
371	(a)  By a fine of:
372	1.  Not less than $1,000 or more than $2,000 for a first
373	conviction.
374	2.  Not less than $2,000 or more than $4,000 for a second
375	conviction.
376	3.  Not less than $4,000 for a third or subsequent
377	conviction.
378	(b)  By imprisonment for:
379	1.  Not more than 9 months for a first conviction.
380	2.  Not more than 12 months for a second conviction.
381
382	For the purposes of this subsection, only the instant offense is
383	required to be a violation of subsection (1) by a person who has
384	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
385	higher.
386	Section 8.  Paragraph (a) of subsection (2) of section
387	327.36, Florida Statutes, is amended to read:
388	327.36  Mandatory adjudication; prohibition against
389	accepting plea to lesser included offense.--
390	(2)(a)  No trial judge may accept a plea of guilty to a
391	lesser offense from a person who is charged with a violation of
392	s. 327.35, manslaughter resulting from the operation of a
393	vessel, or vessel homicide and who has been given a breath or
394	blood test to determine blood or breath alcohol content, the
395	results of which show a blood-alcohol level or breath-alcohol
396	level of 0.15 0.16 or more.
397	Section 9.  Effective January 1, 2010, subsections (1),
398	(6), and (7) of section 327.395, Florida Statutes, are amended
399	to read:
400	327.395  Boating safety identification cards.--
401	(1)  A person born on or after January 1, 1988, 21 years of
402	age or younger may not operate a vessel powered by a motor of 10
403	horsepower or greater unless such person has in his or her
404	possession aboard the vessel photographic identification and a
405	boater safety identification card issued by the commission which
406	shows that he or she has:
407	(a)  Completed a commission-approved boater education
408	course that meets the minimum 8-hour instruction requirement
409	established by the National Association of State Boating Law
410	Administrators;
411	(b)  Passed a course equivalency examination approved by
412	the commission; or
413	(c)  Passed a temporary certificate examination developed
414	or approved by the commission.
415	(6)  A person is exempt from subsection (1) if he or she:
416	(a)  Is licensed by the United States Coast Guard to serve
417	as master of a vessel.
418	(b)  Operates a vessel only on a private lake or pond.
419	(c)  Is accompanied in the vessel by a person who is exempt
420	from this section or who holds an identification card in
421	compliance with this section, is 18 years of age or older, and
422	is attendant to the operation of the vessel and responsible for
423	the safe operation of the vessel and for any violation that
424	occurs during the operation.
425	(d)  Is a nonresident who has in his or her possession
426	proof that he or she has completed a boater education course or
427	equivalency examination in another state which meets or exceeds
428	the requirements of subsection (1).
429	(e)  Is operating a vessel within 90 days after the
430	purchase of that vessel and has available for inspection aboard
431	that vessel a bill of sale meeting the requirements of s.
432	328.46(1).
433	(f)(e)  Is exempted by rule of the commission.
434	(7)  A person who operates a vessel in violation of
435	subsection (1) commits violates this section is guilty of a
436	noncriminal infraction, punishable as provided in s. 327.73.
437	Section 10.  Effective October 1, 2009, section 327.40,
438	Florida Statutes, is amended to read:
439	327.40  Uniform waterway markers for safety and navigation;
440	informational markers.--
441	(1)  Waters of this state Waterways in Florida which need
442	marking for safety or navigation purposes shall be marked only
443	in conformity with under the United States Aids to Navigation
444	System, 33 C.F.R. part 62. Until December 31, 2003, channel
445	markers and obstruction markers conforming to the Uniform State
446	Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
447	to be used on waters of this state that are not navigable waters
448	of the United States.
449	(2)(a)  Application for marking inland lakes and state
450	waters and any navigable waters under concurrent jurisdiction of
451	the Coast Guard and the division shall be made to the division,
452	accompanied by a map locating the approximate placement of
453	markers, a list of the markers to be placed, a statement of the
454	specification of the markers, a statement of the purpose of
455	marking, and the names of persons responsible for the placement
456	and upkeep of such markers. The division will assist the
457	applicant to secure the proper permission from the Coast Guard
458	where required, make such investigations as needed, and issue a
459	permit. The division shall furnish the applicant with the
460	information concerning the system adopted and the rules existing
461	for placing and maintaining the markers. The division shall keep
462	records of all approvals given and counsel with individuals,
463	counties, municipalities, motorboat clubs, or other groups
464	desiring to mark waterways for safety and navigation purposes in
465	Florida.
466	(b)1.  No person or municipality, county, or other
467	governmental entity shall place any uniform waterway marker
468	safety or navigation markers in, on, or over the waters or
469	shores of the state without a permit from the division.
470	2.  The placement of informational markers, including, but
471	not limited to, markers indicating end of boat ramp, no
472	swimming, swimming area, lake name, trash receptacle, public
473	health notice, or underwater hazard and canal, regulatory,
474	emergency, and special event markers, by counties,
475	municipalities, or other governmental entities on inland lakes
476	and their associated canals are exempt from permitting under
477	this section. Such markers, excluding swimming area and special
478	event markers, may be no more than 50 feet from the normal
479	shoreline.
480	(c)  The commission is authorized to adopt rules pursuant
481	to chapter 120 to implement this section.
482	(3)  The placement under this section or s. 327.41 of any
483	uniform waterway marker safety or navigation marker or any
484	informational marker under subparagraph (2)(b)2. on state
485	submerged lands under this section does not subject such lands
486	to the lease requirements of chapter 253.
487	Section 11.  Effective October 1, 2009, subsection (2) of
488	section 327.41, Florida Statutes, is amended to read:
489	327.41  Uniform waterway regulatory markers.--
490	(2)  Any county or municipality which has been granted a
491	boating-restricted restricted area designation, by rule of the
492	commission pursuant to s. 327.46(1)(a), for a portion of the
493	Florida Intracoastal Waterway within its jurisdiction or which
494	has adopted a boating-restricted restricted area by ordinance
495	pursuant to s. 327.46(1)(b) or (c) s. 327.22, s. 327.60, or s.
496	379.2431(2)(p), or any other governmental entity which has
497	legally established a boating-restricted restricted area, may
498	apply to the commission for permission to place regulatory
499	markers within the boating-restricted restricted area.
500	Section 12.  Effective October 1, 2009, section 327.42,
501	Florida Statutes, is amended to read:
502	327.42  Mooring to or damaging of uniform waterway markers
503	or buoys prohibited.--
504	(1)  No person shall moor or fasten a vessel to a lawfully
505	placed uniform waterway aid-to-navigation marker or buoy,
506	regulatory marker or buoy, or area boundary marker or buoy,
507	placed or erected by any governmental agency, except in case of
508	emergency or with the written consent of the marker's owner.
509	(2)  No person shall willfully damage, alter, or move a
510	lawfully placed uniform waterway aid-to-navigation marker or
511	buoy, regulatory marker or buoy, or area boundary marker or
512	buoy.
513	Section 13.  Effective October 1, 2009, section 327.46,
514	Florida Statutes, is amended to read:
515	327.46  Boating-restricted Restricted areas.--
516	(1)  Boating-restricted The commission has the authority to
517	establish by rule, pursuant to chapter 120, restricted areas,
518	including, but not limited to, restrictions of vessel speeds and
519	vessel traffic, may be established on the waters of this the
520	state for any purpose deemed necessary to protect for the safety
521	of the public if, including, but not limited to, vessel speeds
522	and vessel traffic, where such restrictions are deemed necessary
523	based on boating accidents, visibility, hazardous currents or
524	water levels, vessel traffic congestion, or other navigational
525	hazards.
526	(a)  The commission may establish boating-restricted areas
527	by rule pursuant to chapter 120.
528	(b)  Municipalities and counties have the authority to
529	establish the following boating-restricted areas by ordinance:
530	1.  An ordinance establishing an idle speed, no wake
531	boating-restricted area, if the area is:
532	a.  Within 500 feet of any boat ramp, hoist, marine
533	railway, or other launching or landing facility available for
534	use by the general boating public on waterways more than 300
535	feet in width or within 300 feet of any boat ramp, hoist, marine
536	railway, or other launching or landing facility available for
537	use by the general boating public on waterways not exceeding 300
538	feet in width.
539	b.  Within 500 feet of fuel pumps or dispensers at any
540	marine fueling facility that sells motor fuel to the general
541	boating public on waterways more than 300 feet in width or
542	within 300 feet of the fuel pumps or dispensers at any licensed
543	terminal facility that sells motor fuel to the general boating
544	public on waterways not exceeding 300 feet in width.
545	c.  Inside or within 300 feet of any lock structure.
546	2.  An ordinance establishing a slow speed, minimum wake
547	boating-restricted area if the area is:
548	a.  Within 300 feet of any bridge fender system.
549	b.  Within 300 feet of any bridge span presenting a
550	vertical clearance of less than 25 feet or a horizontal
551	clearance of less than 100 feet.
552	c.  Within 300 feet of a confluence of water bodies
553	presenting a blind corner, a bend in a narrow channel or
554	fairway, or such other area if an intervening obstruction to
555	visibility may obscure other vessels or other users of the
556	waterway.
557	d.  On a creek, stream, canal, or similar linear waterway
558	if the waterway is less than 75 feet in width from shoreline to
559	shoreline.
560	e.  On a lake or pond of less than 10 acres in total
561	surface area.
562	3.  An ordinance establishing a vessel-exclusion zone if
563	the area is:
564	a.  Designated as a public bathing beach or swim area.
565	b.  Reserved exclusively as a canoe trail or otherwise
566	limited to vessels under oars.
567	c.  Within 300 feet of a dam, spillway, or flood control
568	structure.
569	(c)  Except as provided in s. 327.60, municipalities and
570	counties have the authority to establish by ordinance such other
571	boating-restricted areas as are necessary to protect human life,
572	vessel traffic safety, or maritime property; however, such an
573	ordinance may not take effect until the commission has reviewed
574	the ordinance and determined that the ordinance is necessary to
575	protect human life, vessel traffic safety, or maritime property.
576	The commission shall establish by rule, pursuant to chapter 120,
577	the criteria for making such determinations.
578	(2)  Each such boating-restricted restricted area shall be
579	developed in consultation and coordination with the governing
580	body of the county or municipality in which the boating-
581	restricted restricted area is located and, when the boating-
582	restricted area is to be on the navigable waters of the United
583	States where required, with the United States Coast Guard and
584	the United States Army Corps of Engineers.
585	(3)(2)  It is unlawful for any person to operate a vessel
586	in a prohibited manner or to carry on any prohibited activity,
587	as defined in this chapter, deemed a safety hazard or
588	interference with navigation as provided above within a boating-
589	restricted restricted water area which has been clearly marked
590	by regulatory markers as authorized under this chapter.
591	(4)(3)  Restrictions in a boating-restricted area
592	established pursuant to this section shall not apply in the case
593	of an emergency or to a law enforcement, firefighting, or rescue
594	vessel owned or operated by a governmental entity.
595	Section 14.  Effective October 1, 2009, section 327.60,
596	Florida Statutes, is amended to read:
597	327.60  Local regulations; limitations.--
598	(1)  The provisions of this chapter and chapter 328 ss.
599	327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
600	327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
601	govern the operation, equipment, and all other matters relating
602	thereto whenever any vessel shall be operated upon the waters of
603	this state waterways or when any activity regulated hereby shall
604	take place thereon.
605	(2)  Nothing in this chapter or chapter 328 these sections
606	shall be construed to prevent the adoption of any ordinance or
607	local regulation law relating to operation and equipment of
608	vessels, except that a county or municipality shall not enact,
609	continue in effect, or enforce any ordinance or local
610	regulation:
611	(a)  Establishing a vessel or associated equipment
612	performance or other safety standard, imposing a requirement for
613	associated equipment, or regulating the carrying or use of
614	marine safety articles;
615	(b)  Relating to the design, manufacture, installation, or
616	use of any marine sanitation device on any vessel;
617	(c)  Regulating any vessel upon the Florida Intracoastal
618	Waterway;
619	(d)  Discriminating against personal watercraft;
620	(e)  Discriminating against airboats, for ordinances
621	adopted after July 1, 2006, unless adopted by a two-thirds vote
622	of the governing body enacting such ordinance;
623	(f)  Regulating the anchoring of vessels other than live-
624	aboard vessels outside the marked boundaries of mooring fields
625	permitted as provided in s. 327.40;
626	(g)  Regulating engine or exhaust noise, except as provided
627	in s. 327.65; or
628	(h)  That conflicts with any provisions of this chapter or
629	any amendments thereto or rules adopted thereunder. no such
630	ordinance or local law may apply to the Florida Intracoastal
631	Waterway and except that such ordinances or local laws shall be
632	operative only when they are not in conflict with this chapter
633	or any amendments thereto or regulations thereunder. Any
634	ordinance or local law which has been adopted pursuant to this
635	section or to any other state law may not discriminate against
636	personal watercraft as defined in s. 327.02. Effective July 1,
637	2006, any ordinance or local law adopted pursuant to this
638	section or any other state law may not discriminate against
639	airboats except by a two-thirds vote of the governing body
640	enacting such ordinance.
641	(3)(2)  Nothing contained in the provisions of this section
642	shall be construed to prohibit local governmental authorities
643	from the enactment or enforcement of regulations which prohibit
644	or restrict the mooring or anchoring of floating structures or
645	live-aboard vessels within their jurisdictions or of any vessels
646	within the marked boundaries of mooring fields permitted as
647	provided in s. 327.40. However, local governmental authorities
648	are prohibited from regulating the anchoring outside of such
649	mooring fields of vessels other than live-aboard vessels as
650	defined in s. 327.02 non-live-aboard vessels in navigation.
651	Section 15.  Paragraph (a) of subsection (2) of section
652	327.65, Florida Statutes, is amended to read:
653	327.65  Muffling devices.--
654	(2)(a)  Any county wishing to impose additional noise
655	pollution and exhaust regulations on vessels may, pursuant to s.
656	327.60(2)(1), adopt by county ordinance the following
657	regulations:
658	1.  No person shall operate or give permission for the
659	operation of any vessel on the waters of any county or on a
660	specified portion of the waters of any county, including the
661	Florida Intracoastal Waterway, which has adopted the provisions
662	of this section in such a manner as to exceed the following
663	sound levels at a distance of 50 feet from the vessel: for all
664	vessels, a maximum sound level of 90 dB A.
665	2.  Any person who refuses to submit to a sound level test
666	when requested to do so by a law enforcement officer is guilty
667	of a misdemeanor of the second degree, punishable as provided in
668	s. 775.082 or s. 775.083.
669	Section 16.  Section 327.66, Florida Statutes, is created
670	to read:
671	327.66  Carriage of gasoline on vessels.--
672	(1)(a)  A person shall not:
673	1.  Possess or operate any vessel that has been equipped
674	with tanks, bladders, drums, or other containers designed or
675	intended to hold gasoline, or install or maintain such
676	containers in a vessel, if such containers do not conform to
677	federal regulations or have not been approved by the United
678	States Coast Guard by inspection or special permit.
679	2.  Transport any gasoline in an approved portable
680	container when the container is in a compartment that is not
681	ventilated in strict compliance with United States Coast Guard
682	regulations pertaining to ventilation of compartments containing
683	gasoline tanks.
684	(b)  A person who violates paragraph (a) commits a
685	misdemeanor of the second degree, punishable as provided in s.
686	775.082 or s. 775.083.
687	(2)(a)  Gasoline possessed or transported in violation of
688	this section and all containers holding such gasoline are
689	declared to be a public nuisance. A law enforcement agency
690	discovering gasoline possessed or transported in violation of
691	paragraph (1)(a) shall abate the nuisance by removing the
692	gasoline and containers from the vessel and from the waters of
693	this state. A law enforcement agency that removes gasoline or
694	containers pursuant to this subsection may elect to:
695	1.  Retain the property for the agency's own use;
696	2.  Transfer the property to another unit of state or local
697	government;
698	3.  Donate the property to a charitable organization; or
699	4.  Sell the property at public sale pursuant to s.
700	705.103.
701	(b)  A law enforcement agency that seizes gasoline or
702	containers pursuant to this subsection shall remove and reclaim,
703	recycle, or otherwise dispose of the gasoline as soon as
704	practicable in a safe and proper manner.
705	(3)  All conveyances, vessels, vehicles, and other
706	equipment described in paragraph (1)(a) or used in the
707	commission of a violation of paragraph (1)(a), other than
708	gasoline or containers removed as provided in subsection (2),
709	are declared to be contraband.
710	(a)  Upon conviction of a person arrested for a violation
711	of paragraph (1)(a), the judge shall issue an order adjudging
712	and ordering that all conveyances, vessels, vehicles, and other
713	equipment used in the violation shall be forfeited to the
714	arresting agency. The requirement for a conviction before
715	forfeiture of property establishes to the exclusion of any
716	reasonable doubt that the property was used in connection with
717	the violation resulting in the conviction, and the procedures of
718	chapter 932 do not apply to any forfeiture of property under
719	this subsection following a conviction.
720	(b)  In the absence of an arrest or conviction, any such
721	conveyance, vessel, vehicle, or other equipment used in
722	violation of paragraph (1)(a) shall be subject to seizure and
723	forfeiture as provided by the Florida Contraband Forfeiture Act.
724	(c)  As used in this subsection, the term "conviction"
725	means a finding of guilt or the acceptance of a plea of guilty
726	or nolo contendere, regardless of whether adjudication is
727	withheld or whether imposition of sentence is withheld,
728	deferred, or suspended.
729	(4)  All costs incurred by the law enforcement agency in
730	the removal of any gasoline, gasoline container, other
731	equipment, or vessel as provided in this section shall be
732	recoverable against the owner thereof. Any person who neglects
733	or refuses to pay such amount shall not be issued a certificate
734	of registration for such vessel or for any other vessel or motor
735	vehicle until the costs have been paid.
736	(5)  Foreign flagged vessels entering United States waters
737	and waters of this state in compliance with 19 U.S.C. s. 1433
738	are exempt from this section.
739	Section 17.  Section 327.70, Florida Statutes, is amended
740	to read:
741	327.70  Enforcement of this chapter and chapter 328.--
742	(1)  This chapter and chapter 328 shall be enforced by the
743	Division of Law Enforcement of the Fish and Wildlife
744	Conservation Commission and its officers, the sheriffs of the
745	various counties and their deputies, municipal police officers,
746	and any other authorized law enforcement officer as defined in
747	s. 943.10, all of whom may order the removal of vessels deemed
748	to be an interference or a hazard to public safety, enforce the
749	provisions of this chapter and chapter 328, or cause any
750	inspections to be made of all vessels in accordance with this
751	chapter and chapter 328.
752	(2)(a)  Noncriminal violations of the following statutes
753	may be enforced by a uniform boating citation mailed to the
754	registered owner of an unattended vessel anchored, aground, or
755	moored on the waters of this state:
756	1.  Section 327.33(3)(b), relating to navigation rules.
757	2.  Section 327.44, relating to interference with
758	navigation.
759	3.  Section 327.50(2), relating to required lights and
760	shapes.
761	4.  Section 327.53, relating to marine sanitation.
762	5.  Section 328.48(5), relating to display of decal.
763	6.  Section 328.52(2), relating to display of number.
764	(b)  Citations issued to livery vessels under this
765	subsection shall be the responsibility of the lessee of the
766	vessel if the livery has included a warning of this
767	responsibility as a part of the rental agreement and has
768	provided to the agency issuing the citation the name, address,
769	and date of birth of the lessee when requested by that agency.
770	The livery is not responsible for the payment of citations if
771	the livery provides the required warning and lessee information.
772	(3)(2)  Such officers shall have the power and duty to
773	issue such orders and to make such investigations, reports, and
774	arrests in connection with any violation of the provisions of
775	this chapter and chapter 328 as are necessary to effectuate the
776	intent and purpose of this chapter and chapter 328.
777	(4)(3)  The Fish and Wildlife Conservation Commission or
778	any other law enforcement agency may make any investigation
779	necessary to secure information required to carry out and
780	enforce the provisions of this chapter and chapter 328.
781	Section 18.  Effective October 1, 2009, paragraph (k) of
782	subsection (1) of section 327.73, Florida Statutes, is amended,
783	and paragraph (x) is added to that subsection, to read:
784	327.73  Noncriminal infractions.--
785	(1)  Violations of the following provisions of the vessel
786	laws of this state are noncriminal infractions:
787	(k)  Violations relating to boating-restricted restricted
788	areas and speed limits:
789	1.  Established by the commission or by local governmental
790	authorities pursuant to s. 327.46.
791	2.  Established by local governmental authorities pursuant
792	to s. 327.22 or s. 327.60.
793	2.3.  Speed limits established pursuant to s. 379.2431(2).
794	(x)  Section 253.04(4)(a), relating to carelessly causing
795	seagrass scarring, for which the civil penalty upon conviction
796	is:
797	1.  For a first offense, $50.
798	2.  For a second offense occurring within 12 months after a
799	prior conviction, $250.
800	3.  For a third offense occurring within 36 months after a
801	prior conviction, $500.
802	4.  For a fourth or subsequent offense, $1,000.
803
804	Any person cited for a violation of any such provision shall be
805	deemed to be charged with a noncriminal infraction, shall be
806	cited for such an infraction, and shall be cited to appear
807	before the county court. The civil penalty for any such
808	infraction is $50, except as otherwise provided in this section.
809	Any person who fails to appear or otherwise properly respond to
810	a uniform boating citation shall, in addition to the charge
811	relating to the violation of the boating laws of this state, be
812	charged with the offense of failing to respond to such citation
813	and, upon conviction, be guilty of a misdemeanor of the second
814	degree, punishable as provided in s. 775.082 or s. 775.083. A
815	written warning to this effect shall be provided at the time
816	such uniform boating citation is issued.
817	Section 19.  Subsection (1) of section 327.731, Florida
818	Statutes, is amended to read:
819	327.731  Mandatory education for violators.--
820	(1)  Every person convicted of a criminal violation of this
821	chapter, every person convicted of a noncriminal infraction
822	under this chapter if the infraction resulted in a reportable
823	boating accident, and every person convicted of two noncriminal
824	infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
825	and (s)-(x)(s)-(w), said infractions occurring within a 12-month
826	period, must:
827	(a)  Enroll in, attend, and successfully complete, at his
828	or her own expense, a boating safety course that meets minimum
829	standards established by the commission by rule; however, the
830	commission may provide by rule pursuant to chapter 120 for
831	waivers of the attendance requirement for violators residing in
832	areas where classroom presentation of the course is not
833	available;
834	(b)  File with the commission within 90 days proof of
835	successful completion of the course;
836	(c)  Refrain from operating a vessel until he or she has
837	filed the proof of successful completion of the course with the
838	commission.
839
840	Any person who has successfully completed an approved boating
841	course shall be exempt from these provisions upon showing proof
842	to the commission as specified in paragraph (b).
843	Section 20.  Effective October 1, 2009, subsections (1) and
844	(2) of section 328.03, Florida Statutes, are amended to read:
845	328.03  Certificate of title required.--
846	(1)  Each vessel that is operated, used, or stored on the
847	waters of this state must be titled by this state pursuant to
848	this chapter, unless it is:
849	(a)  A vessel operated, used, or stored exclusively on
850	private lakes and ponds;.
851	(b)  A vessel owned by the United States Government;.
852	(c)  A non-motor-powered vessel less than 16 feet in
853	length;.
854	(d)  A federally documented vessel;.
855	(e)  A vessel already covered by a registration number in
856	full force and effect which was awarded to it pursuant to a
857	federally approved numbering system of another state or by the
858	United States Coast Guard in a state without a federally
859	approved numbering system, if the vessel is not located in this
860	state for a period in excess of 90 consecutive days;.
861	(f)  A vessel from a country other than the United States
862	temporarily used, operated, or stored on using the waters of
863	this state for a period that is not in excess of 90 days;.
864	(g)  An amphibious vessel for which a vehicle title is
865	issued by the Department of Highway Safety and Motor Vehicles;.
866	(h)  A vessel used solely for demonstration, testing, or
867	sales promotional purposes by the manufacturer or dealer; or.
868	(i)  A vessel owned and operated by the state or a
869	political subdivision thereof.
870	(2)  A person shall not operate, use, or store a vessel for
871	which a certificate of title is required unless the owner has
872	received from the Department of Highway Safety and Motor
873	Vehicles a valid certificate of title for such vessel. However,
874	such vessel may be operated, used, or stored for a period of up
875	to 180 days after from the date of application for a certificate
876	of title while the application is pending.
877	Section 21.  Effective October 1, 2009, subsections (1) and
878	(2) of section 328.07, Florida Statutes, are amended to read:
879	328.07  Hull identification number required.--
880	(1)  No person shall operate, use, or store on the waters
881	of this state a vessel the construction of which began after
882	October 31, 1972, for which the department has issued a
883	certificate of title or which is required by law to be
884	registered, unless the vessel displays the assigned hull
885	identification number affixed by the manufacturer as required by
886	the United States Coast Guard or by the department for a
887	homemade vessel or other vessel for which a hull identification
888	number is not required by the United States Coast Guard. The
889	hull identification number must be carved, burned, stamped,
890	embossed, or otherwise permanently affixed to the outboard side
891	of the transom or, if there is no transom, to the outermost
892	starboard side at the end of the hull that bears the rudder or
893	other steering mechanism, above the waterline of the vessel in
894	such a way that alteration, removal, or replacement would be
895	obvious and evident. The characters of the hull identification
896	number must be no less than 12 in number and no less than one-
897	fourth inch in height.
898	(2)  No person shall operate, use, or store on the waters
899	of this state a vessel the construction of which was completed
900	before November 1, 1972, for which the department has issued a
901	certificate of title or which is required by law to be
902	registered, unless the vessel displays a hull identification
903	number. The hull identification number shall be clearly
904	imprinted in the transom or on the hull by stamping, impressing,
905	or marking with pressure. In lieu of imprinting, the hull
906	identification number may be displayed on a plate in a permanent
907	manner. A vessel for which the manufacturer has provided no hull
908	identification number or a homemade vessel shall be assigned a
909	hull identification number by the department which shall be
910	affixed to the vessel pursuant to this section.
911	Section 22.  Effective October 1, 2009, section 328.46,
912	Florida Statutes, is amended to read:
913	328.46  Operation of registered vessels.--
914	(1)  Every vessel that is required to be registered and
915	that is being operated, used, or stored on using the waters of
916	this state shall be registered and numbered within 30 days after
917	purchase by the owner except as specifically exempt. During this
918	30-day period, the operator is required to have aboard the
919	vessel and available for inspection a bill of sale. The bill of
920	sale for the vessel shall serve as the temporary certificate of
921	number that is required by federal law and must contain the
922	following information:
923	(a)  Make of the vessel.
924	(b)  Length of the vessel.
925	(c)  Type of propulsion.
926	(d)  Hull identification number.
927	(e)  A statement declaring Florida to be the state where
928	the vessel is principally used.
929	(f)  Name of the purchaser.
930	(g)  Address of the purchaser, including ZIP code.
931	(h)  Signature of the purchaser.
932	(i)  Name of the seller.
933	(j)  Signature of the seller.
934	(k)  Date of the sale of the vessel. The date of sale shall
935	also serve as the date of issuance of the temporary certificate
936	of number.
937	(l)  Notice to the purchaser and operator that the
938	temporary authority to use the vessel on the waters of this
939	state is invalid after 30 days following the date of sale of the
940	vessel.
941	(2)  No person shall operate, use, or store or give
942	permission for the operation, use, or storage of any such vessel
943	on such waters unless:
944	(a)  Such vessel is registered within 30 days after
945	purchase by the owner and numbered with the identifying number
946	set forth in the certificate of registration, displayed:
947	1.  In accordance with s. 328.48(4), except, if the vessel
948	is an airboat, the registration number may be displayed on each
949	side of the rudder; or
950	2.  In accordance with 33 C.F.R. s. 173.27, or with a
951	federally approved numbering system of another state; and
952	(b)  The certificate of registration or temporary
953	certificate of number awarded to such vessel is in full force
954	and effect.
955	Section 23.  Effective October 1, 2009, subsection (2) of
956	section 328.48, Florida Statutes, is amended to read:
957	328.48  Vessel registration, application, certificate,
958	number, decal, duplicate certificate.--
959	(2)  Each vessel operated, All vessels used, or stored on
960	the waters of this the state must be registered as a, either
961	commercial vessel or recreational vessel as defined in s. 327.02
962	this chapter, unless it is except as follows:
963	(a)  A vessel operated, used, and stored exclusively on
964	private lakes and ponds;.
965	(b)  A vessel owned by the United States Government;.
966	(c)  A vessel used exclusively as a ship's lifeboat; or.
967	(d)  A non-motor-powered vessel less than 16 feet in
968	length, or a and any non-motor-powered canoe, kayak, racing
969	shell, or rowing scull, regardless of length.
970	Section 24.  Effective October 1, 2009, section 328.56,
971	Florida Statutes, is amended to read:
972	328.56  Vessel registration number.--Each vessel that is
973	operated, used, or stored on the waters of this the state must
974	display a commercial or recreational Florida registration
975	number, unless it is:
976	(1)  A vessel operated, used, and stored exclusively on
977	private lakes and ponds;.
978	(2)  A vessel owned by the United States Government;.
979	(3)  A vessel used exclusively as a ship's lifeboat;.
980	(4)  A non-motor-powered vessel less than 16 feet in
981	length, or a and any non-motor-powered canoe, kayak, racing
982	shell, or rowing scull, regardless of length;.
983	(5)  A federally documented vessel;.
984	(6)  A vessel already covered by a registration number in
985	full force and effect which has been awarded to it pursuant to a
986	federally approved numbering system of another state or by the
987	United States Coast Guard in a state without a federally
988	approved numbering system, if the vessel has not been within
989	this state for a period in excess of 90 consecutive days;.
990	(7)  A vessel operating under a valid temporary certificate
991	of number;.
992	(8)  A vessel from a country other than the United States
993	temporarily using the waters of this state; or.
994	(9)  An undocumented vessel used exclusively for racing.
995	Section 25.  Effective October 1, 2009, section 328.58,
996	Florida Statutes, is amended to read:
997	328.58  Reciprocity of nonresident or alien vessels.--The
998	owner of any vessel already covered by a registration number in
999	full force and effect which has been awarded by:
1000	(1)  By Another state pursuant to a federally approved
1001	numbering system of another state;
1002	(2)  By The United States Coast Guard in a state without a
1003	federally approved numbering system; or
1004	(3)  By The United States Coast Guard for a federally
1005	documented vessel with a valid registration in full force and
1006	effect from another state,
1007
1008	shall record the number with the Department of Highway Safety
1009	and Motor Vehicles prior to operating, using, or storing the
1010	vessel on the waters of this state in excess of the 90-day
1011	reciprocity period provided for in this chapter. Such
1012	recordation shall be pursuant to the procedure required for the
1013	award of an original registration number, except that no
1014	additional or substitute registration number shall be issued if
1015	the vessel owner maintains the previously awarded registration
1016	number in full force and effect.
1017	Section 26.  Effective October 1, 2009, section 328.60,
1018	Florida Statutes, is amended to read:
1019	328.60  Military personnel; registration; penalties.--Any
1020	military personnel on active duty in this state operating,
1021	using, or storing a vessel on the waters of this state that has
1022	a registration number in full force and effect which has been
1023	awarded to it pursuant to a federally approved numbering system
1024	of another state or by the United States Coast Guard in a state
1025	without a federally approved numbering system, or a federally
1026	documented vessel with a valid registration in full force and
1027	effect from another state shall not be required to register his
1028	or her vessel in this state while such certificate of
1029	registration remains valid; but, at the expiration of such
1030	registration certificate, all registration and titling shall be
1031	issued by this state. In the case of a federally documented
1032	vessel, the issuance of a title is not required by this chapter.
1033	Section 27.  Effective October 1, 2009, section 328.65,
1034	Florida Statutes, is amended to read:
1035	328.65  Legislative intent with respect to registration and
1036	numbering of vessels.--It is the legislative intent that vessels
1037	be registered and numbered uniformly throughout the state. The
1038	purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
1039	328.72 is to make registration and numbering procedures similar
1040	to those of automobiles and airplanes and to provide for a
1041	vessel registration fee and certificate so as to determine the
1042	ownership of vessels which are operated, used, or stored operate
1043	on the waters of this state and to aid in the advancement of
1044	maritime safety.
1045	Section 28.  Effective October 1, 2009, subsection (1) of
1046	section 328.66, Florida Statutes, is amended to read:
1047	328.66  County and municipality optional registration
1048	fee.--
1049	(1)  Any county may impose an annual registration fee on
1050	vessels registered, operated, used, or stored on the waters of
1051	this state in the water within its jurisdiction. This fee shall
1052	be 50 percent of the applicable state registration fee. However,
1053	the first $1 of every registration imposed under this subsection
1054	shall be remitted to the state for deposit in the Save the
1055	Manatee Trust Fund created within the Fish and Wildlife
1056	Conservation Commission, and shall be used only for the purposes
1057	specified in s. 379.2431(4). All other moneys received from such
1058	fee shall be expended for the patrol, regulation, and
1059	maintenance of the lakes, rivers, and waters and for other
1060	boating-related activities of such municipality or county. A
1061	municipality that was imposing a registration fee before April
1062	1, 1984, may continue to levy such fee, notwithstanding the
1063	provisions of this section.
1064	Section 29.  Effective October 1, 2009, subsection (13) of
1065	section 328.72, Florida Statutes, is amended to read:
1066	328.72  Classification; registration; fees and charges;
1067	surcharge; disposition of fees; fines; marine turtle stickers.--
1068	(13)  EXPIRED REGISTRATION.--The operation, use, or storage
1069	on the waters of this state of a previously registered vessel
1070	after the expiration of the registration period is a noncriminal
1071	violation, as defined in s. 327.73. This subsection does not
1072	apply to vessels lawfully stored at a dock or in a marina.
1073	Section 30.  Subsections (13) and (14) are added to section
1074	369.20, Florida Statutes, to read:
1075	369.20  Florida Aquatic Weed Control Act.--
1076	(13)  The commission has the power to enforce this section
1077	in the same manner and to the same extent as provided in ss.
1078	379.501-379.504.
1079	(14)  Activities that are exempt from permitting pursuant
1080	to s. 403.813(1)(r) are granted a mixing zone for turbidity for
1081	a distance not to exceed 150 meters downstream in flowing
1082	streams or 150 meters in radius in other water bodies as
1083	measured from the cutterhead, return flow discharge, or other
1084	points of generation of turbidity.
1085	Section 31.  Subsections (13) and (14) are added to section
1086	369.22, Florida Statutes, to read:
1087	369.22  Aquatic plant management.--
1088	(13)  The commission has the power to enforce this section
1089	in the same manner and to the same extent as provided in ss.
1090	379.501-379.504.
1091	(14)  Activities that are exempt from permitting pursuant
1092	to s. 403.813(1)(r) are granted a mixing zone for turbidity for
1093	a distance not to exceed 150 meters downstream in flowing
1094	streams or 150 meters in radius in other water bodies as
1095	measured from the cutterhead, return flow discharge, or other
1096	points of generation of turbidity.
1097	Section 32.  Paragraph (j) of subsection (3) of section
1098	369.25, Florida Statutes, is amended to read:
1099	369.25  Aquatic plants; definitions; permits; powers of
1100	department; penalties.--
1101	(3)  The department has the following powers:
1102	(j)  To enforce this section and s. 369.251 this chapter in
1103	the same manner and to the same extent as provided in s.
1104	581.211.
1105	Section 33.  Subsections (1) and (5) of section 379.304,
1106	Florida Statutes, are amended to read:
1107	379.304  Exhibition or sale of wildlife.--
1108	(1)  Permits issued pursuant to s. 379.3761 this section
1109	and places where wildlife is kept or held in captivity shall be
1110	subject to inspection by officers of the commission at all
1111	times. The commission shall have the power to release or
1112	confiscate any specimens of any wildlife, specifically birds,
1113	mammals, amphibians, or reptiles, whether indigenous to the
1114	state or not, when it is found that conditions under which they
1115	are being confined are unsanitary, or unsafe to the public in
1116	any manner, or that the species of wildlife are being
1117	maltreated, mistreated, or neglected or kept in any manner
1118	contrary to the provisions of chapter 828, any such permit to
1119	the contrary notwithstanding. Before any such wildlife is
1120	confiscated or released under the authority of this section, the
1121	owner thereof shall have been advised in writing of the
1122	existence of such unsatisfactory conditions; the owner shall
1123	have been given 30 days in which to correct such conditions; the
1124	owner shall have failed to correct such conditions; the owner
1125	shall have had an opportunity for a proceeding pursuant to
1126	chapter 120; and the commission shall have ordered such
1127	confiscation or release after careful consideration of all
1128	evidence in the particular case in question. The final order of
1129	the commission shall constitute final agency action.
1130	(5)  A violation of this section is punishable as provided
1131	by s. 379.4015 379.401.
1132	Section 34.  Section 379.338, Florida Statutes, is amended
1133	to read:
1134	379.338  Confiscation and disposition of illegally taken
1135	wildlife, freshwater fish, and saltwater fish game.--
1136	(1)  All wildlife, game and freshwater fish, and saltwater
1137	fish seized under the authority of this chapter, any other
1138	chapter, or rules of the commission shall, upon conviction of
1139	the offender or sooner in accordance with a court order if the
1140	court so orders, be forfeited to the investigating law
1141	enforcement agency. The law enforcement agency may elect to
1142	retain the wildlife, freshwater fish, or saltwater fish for the
1143	agency's official use; transfer it to another unit of state or
1144	local government for official use; donate it to a charitable
1145	organization; sell it at a public sale pursuant to s. 705.103;
1146	or destroy the wildlife, freshwater fish, or saltwater fish if
1147	none of the other options is practicable or if the wildlife,
1148	freshwater fish, or saltwater fish is unwholesome or otherwise
1149	not of appreciable value. All illegally possessed live wildlife,
1150	freshwater fish, and saltwater fish that are properly documented
1151	as evidence as provided in s. 379.3381 may be returned to the
1152	habitat unharmed. Any unclaimed wildlife, freshwater fish, or
1153	saltwater fish shall be retained by the investigating law
1154	enforcement agency and disposed of in accordance with this
1155	subsection and given to some hospital or charitable institution
1156	and receipt therefor sent to the Fish and Wildlife Conservation
1157	Commission.
1158	(2)  All furs or hides or fur-bearing animals seized under
1159	the authority of this chapter shall, upon conviction of the
1160	offender, be forfeited and sent to the commission, which shall
1161	sell the same and deposit the proceeds of such sale to the
1162	credit of the State Game Trust Fund. If any such hides or furs
1163	are seized and the offender is unknown, the court shall order
1164	such hides or furs sent to the Fish and Wildlife Conservation
1165	commission, which shall sell such hides and furs.
1166	(3)  Except as otherwise provided by law, and deposit the
1167	proceeds of any such sale under this section shall be remitted
1168	to the Department of Revenue to be deposited to the credit of
1169	the State Game Trust Fund or the Marine Resources Conservation
1170	Trust Fund.
1171	(4)  Any state, county, or municipal law enforcement agency
1172	that enforces or assists the commission in enforcing this
1173	chapter, which enforcement results in a forfeiture of property
1174	as provided in this section, is entitled to receive all or a
1175	share of any property based upon its participation in the
1176	enforcement.
1177	Section 35.  Section 379.3381, Florida Statutes, is created
1178	to read:
1179	379.3381  Photographic evidence of illegally taken
1180	wildlife, freshwater fish, and saltwater fish.--In any
1181	prosecution for a violation of this chapter, any other chapter,
1182	or rules of the commission, a photograph of illegally taken
1183	wildlife, freshwater fish, or saltwater fish may be deemed
1184	competent evidence of such property and may be admissible in the
1185	prosecution to the same extent as if such wildlife, freshwater
1186	fish, or saltwater fish were introduced as evidence. Such
1187	photograph shall bear a written description of the wildlife,
1188	freshwater fish, or saltwater fish alleged to have been
1189	illegally taken, the name of the violator, the location where
1190	the alleged illegal taking occurred, the name of the
1191	investigating law enforcement officer, the date the photograph
1192	was taken, and the name of the photographer. Such writing shall
1193	be made under oath by the investigating law enforcement officer,
1194	and the photograph shall be identified by the signature of the
1195	photographer.
1196	Section 36.  Paragraphs (n) through (q) of subsection (2)
1197	of section 379.353, Florida Statutes, are redesignated as
1198	paragraphs (m) through (p), respectively, and paragraphs (h) and
1199	(m) of that subsection are amended to read:
1200	379.353  Recreational licenses and permits; exemptions from
1201	fees and requirements.--
1202	(2)  A hunting, freshwater fishing, or saltwater fishing
1203	license or permit is not required for:
1204	(h)  Any resident saltwater fishing from land or from a
1205	structure fixed to the land who has been determined eligible for
1206	the food stamp, temporary cash assistance, or Medicaid programs
1207	by the Department of Children and Family Services. A benefit
1208	issuance or program identification card issued by the Department
1209	of Children and Family Services or the Agency for Health Care
1210	Administration shall serve as proof of program eligibility. The
1211	individual must have the benefit issuance or program
1212	identification card and positive proof of identification in her
1213	or his possession when fishing.
1214	(m)  Any resident fishing for a saltwater species in fresh
1215	water from land or from a structure fixed to land.
1216	Section 37.  Paragraph (k) is added to subsection (4) of
1217	section 379.354, Florida Statutes, to read:
1218	379.354  Recreational licenses, permits, and authorization
1219	numbers; fees established.--
1220	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
1221	and fees for residents participating in hunting and fishing
1222	activities in this state are as follows:
1223	(k)  Annual resident shoreline fishing license, $7.50. The
1224	annual resident shoreline fishing license allows any resident
1225	who does not have a license identified in paragraph (b),
1226	paragraph (e), paragraph (f), paragraph (h), paragraph (i), or
1227	paragraph (j) to participate in saltwater fishing from land or
1228	from a structure fixed to the land and fishing for a saltwater
1229	species in freshwater from land or from a structure fixed to the
1230	land.
1231	Section 38.  Paragraph (c) of subsection (2) of section
1232	379.3671, Florida Statutes, is amended to read:
1233	379.3671  Spiny lobster trap certificate program.--
1234	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
1235	PENALTIES.--The Fish and Wildlife Conservation Commission shall
1236	establish a trap certificate program for the spiny lobster
1237	fishery of this state and shall be responsible for its
1238	administration and enforcement as follows:
1239	(c)  Prohibitions; penalties.--
1240	1.  It is unlawful for a person to possess or use a spiny
1241	lobster trap in or on state waters or adjacent federal waters
1242	without having affixed thereto the trap tag required by this
1243	section. It is unlawful for a person to possess or use any other
1244	gear or device designed to attract and enclose or otherwise aid
1245	in the taking of spiny lobster by trapping that is not a trap as
1246	defined by commission rule.
1247	2.  It is unlawful for a person to possess or use spiny
1248	lobster trap tags without having the necessary number of
1249	certificates on record as required by this section.
1250	3.  It is unlawful for any person to willfully molest, take
1251	possession of, or remove the contents of another harvester's
1252	spiny lobster trap without the express written consent of the
1253	trap owner available for immediate inspection. Unauthorized
1254	possession of another's trap gear or removal of trap contents
1255	constitutes theft.
1256	a.  A commercial harvester who violates this subparagraph
1257	shall be punished under ss. 379.367 and 379.407. Any commercial
1258	harvester receiving a judicial disposition other than dismissal
1259	or acquittal on a charge of theft of or from a trap pursuant to
1260	this subparagraph or s. 379.402 shall, in addition to the
1261	penalties specified in ss. 379.367 and 379.407 and the
1262	provisions of this section, permanently lose all his or her
1263	saltwater fishing privileges, including his or her saltwater
1264	products license, spiny lobster endorsement, and all trap
1265	certificates allotted to him or her through this program. In
1266	such cases, trap certificates and endorsements are
1267	nontransferable.
1268	b.  Any commercial harvester receiving a judicial
1269	disposition other than dismissal or acquittal on a charge of
1270	willful molestation of a trap, in addition to the penalties
1271	specified in ss. 379.367 and 379.407, shall lose all saltwater
1272	fishing privileges for a period of 24 calendar months.
1273	c.  In addition, any commercial harvester charged with
1274	violating this subparagraph and receiving a judicial disposition
1275	other than dismissal or acquittal for violating this
1276	subparagraph or s. 379.402 shall also be assessed an
1277	administrative penalty of up to $5,000.
1278
1279	Immediately upon receiving a citation for a violation involving
1280	theft of or from a trap, or molestation of a trap, and until
1281	adjudicated for such a violation or, upon receipt of a judicial
1282	disposition other than dismissal or acquittal of such a
1283	violation, the commercial harvester committing the violation is
1284	prohibited from transferring any spiny lobster trap certificates
1285	and endorsements.
1286	4.  In addition to any other penalties provided in s.
1287	379.407, a commercial harvester who violates the provisions of
1288	this section or commission rules relating to spiny lobster traps
1289	shall be punished as follows:
1290	a.  If the first violation is for violation of subparagraph
1291	1. or subparagraph 2., the commission shall assess an additional
1292	administrative penalty of up to $1,000. For all other first
1293	violations, the commission shall assess an additional
1294	administrative penalty of up to $500.
1295	b.  For a second violation of subparagraph 1. or
1296	subparagraph 2. which occurs within 24 months of any previous
1297	such violation, the commission shall assess an additional
1298	administrative penalty of up to $2,000 and the spiny lobster
1299	endorsement issued under s. 379.367(2) or (6) may be suspended
1300	for the remainder of the current license year.
1301	c.  For a third or subsequent violation of subparagraph 1.,
1302	subparagraph 2., or subparagraph 3. which occurs within 36
1303	months of any previous two such violations, the commission shall
1304	assess an additional administrative penalty of up to $5,000 and
1305	may suspend the spiny lobster endorsement issued under s.
1306	379.367(2) or (6) for a period of up to 24 months or may revoke
1307	the spiny lobster endorsement and, if revoking the spiny lobster
1308	endorsement, may also proceed against the licenseholder's
1309	saltwater products license in accordance with the provisions of
1310	s. 379.407(2)(h).
1311	d.  Any person assessed an additional administrative
1312	penalty pursuant to this section shall within 30 calendar days
1313	after notification:
1314	(I)  Pay the administrative penalty to the commission; or
1315	(II)  Request an administrative hearing pursuant to the
1316	provisions of ss. 120.569 and 120.57.
1317	e.  The commission shall suspend the spiny lobster
1318	endorsement issued under s. 379.367(2) or (6) for any person
1319	failing to comply with the provisions of sub-subparagraph d.
1320	5.a.  It is unlawful for any person to make, alter, forge,
1321	counterfeit, or reproduce a spiny lobster trap tag or
1322	certificate.
1323	b.  It is unlawful for any person to knowingly have in his
1324	or her possession a forged, counterfeit, or imitation spiny
1325	lobster trap tag or certificate.
1326	c.  It is unlawful for any person to barter, trade, sell,
1327	supply, agree to supply, aid in supplying, or give away a spiny
1328	lobster trap tag or certificate or to conspire to barter, trade,
1329	sell, supply, aid in supplying, or give away a spiny lobster
1330	trap tag or certificate unless such action is duly authorized by
1331	the commission as provided in this chapter or in the rules of
1332	the commission.
1333	6.a.  Any commercial harvester who violates the provisions
1334	of subparagraph 5., or any commercial harvester who engages in
1335	the commercial harvest, trapping, or possession of spiny lobster
1336	without a spiny lobster endorsement as required by s. 379.367(2)
1337	or (6) or during any period while such spiny lobster endorsement
1338	is under suspension or revocation, commits a felony of the third
1339	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1340	775.084.
1341	b.  In addition to any penalty imposed pursuant to sub-
1342	subparagraph a., the commission shall levy a fine of up to twice
1343	the amount of the appropriate surcharge to be paid on the fair
1344	market value of the transferred certificates, as provided in
1345	subparagraph (a)1., on any commercial harvester who violates the
1346	provisions of sub-subparagraph 5.c.
1347	c.  In addition to any penalty imposed pursuant to sub-
1348	subparagraph a., any commercial harvester receiving any judicial
1349	disposition other than acquittal or dismissal for a violation of
1350	subparagraph 5. shall be assessed an administrative penalty of
1351	up to $5,000, and the spiny lobster endorsement under which the
1352	violation was committed may be suspended for up to 24 calendar
1353	months. Immediately upon issuance of a citation involving a
1354	violation of subparagraph 5. and until adjudication of such a
1355	violation, and after receipt of any judicial disposition other
1356	than acquittal or dismissal for such a violation, the commercial
1357	harvester holding the spiny lobster endorsement listed on the
1358	citation is prohibited from transferring any spiny lobster trap
1359	certificates.
1360	d.  Any other person who violates the provisions of
1361	subparagraph 5. commits a Level Four violation under s. 379.401.
1362	7.  Prior to the 2010-2011 license year, any certificates
1363	for which the annual certificate fee is not paid for a period of
1364	3 years shall be considered abandoned and shall revert to the
1365	commission. Beginning with the 2010-2011 license year, any
1366	certificate for which the annual certificate fee is not paid for
1367	a period of 2 consecutive years shall be considered abandoned
1368	and shall revert to the commission. During any period of trap
1369	reduction, any certificates reverting to the commission shall
1370	become permanently unavailable and be considered in that amount
1371	to be reduced during the next license-year period. Otherwise,
1372	any certificates that revert to the commission are to be
1373	reallotted in such manner as provided by the commission.
1374	8.  The proceeds of all administrative penalties collected
1375	pursuant to subparagraph 4. and all fines collected pursuant to
1376	sub-subparagraph 6.b. shall be deposited into the Marine
1377	Resources Conservation Trust Fund.
1378	9.  All traps shall be removed from the water during any
1379	period of suspension or revocation.
1380	10.  Except as otherwise provided, any person who violates
1381	this paragraph commits a Level Two violation under s. 379.401.
1382	Section 39.  Paragraphs (c), (d), and (e) of subsection (2)
1383	of section 379.3751, Florida Statutes, are amended to read:
1384	379.3751  Taking and possession of alligators; trapping
1385	licenses; fees.--
1386	(2)  The license and issuance fee, and the activity
1387	authorized thereby, shall be as follows:
1388	(c)  The annual fee for issuance of an alligator trapping
1389	agent's license, which permits a person to act as an agent of
1390	any person who has been issued a resident or nonresident
1391	alligator trapping license as provided in paragraph (a) or
1392	paragraph (b) and to take alligators occurring in the wild other
1393	than alligator hatchlings, and to possess and process alligators
1394	taken under authority of such agency relationship, and to
1395	possess, process, and sell their hides and meat, shall be $50.
1396	Such alligator trapping agent's license shall be issued only in
1397	conjunction with an alligator trapping license and shall bear on
1398	its face in indelible ink the name and license number of the
1399	alligator trapping licenseholder for whom the holder of this
1400	license is acting as an agent.
1401	(d)  The annual fee for issuance of an alligator farming
1402	license, which permits a person to operate a facility for
1403	captive propagation of alligators, to possess alligators for
1404	captive propagation, to take alligator hatchlings and alligator
1405	eggs occurring in the wild, to rear such alligators, alligator
1406	hatchlings, and alligator eggs in captivity, to process
1407	alligators taken or possessed under authority of such alligator
1408	farming license or otherwise legally acquired, and to possess,
1409	process, and sell their hides and meat, shall be $250.
1410	(e)  The annual fee for issuance of an alligator farming
1411	agent's license, which permits a person to act as an agent of
1412	any person who has been issued an alligator farming license as
1413	provided in paragraph (d) and to take alligator hatchlings and
1414	alligator eggs occurring in the wild, and to possess and process
1415	alligators taken under authority of such agency relationship,
1416	and to possess, process, and sell their hides and meat, shall be
1417	$50. Such license shall be issued only in conjunction with an
1418	alligator farming license, and shall bear on its face in
1419	indelible ink the name and license number of the alligator
1420	farming licenseholder for whom the holder of this license is
1421	acting as an agent.
1422	Section 40.  Subsection (6) is added to section 379.3761,
1423	Florida Statutes, to read:
1424	379.3761  Exhibition or sale of wildlife; fees;
1425	classifications.--
1426	(6)  A person who violates this section is punishable as
1427	provided in s. 379.4015.
1428	Section 41.  Subsection (5) of section 379.3762, Florida
1429	Statutes, is amended to read:
1430	379.3762  Personal possession of wildlife.--
1431	(5)  A person who violates Persons in violation of this
1432	section is shall be punishable as provided in s. 379.4015
1433	379.401.
1434	Section 42.  Paragraph (a) of subsection (2) and paragraph
1435	(a) of subsection (4) of section 379.401, Florida Statutes, are
1436	amended to read:
1437	379.401  Penalties and violations; civil penalties for
1438	noncriminal infractions; criminal penalties; suspension and
1439	forfeiture of licenses and permits.--
1440	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1441	violation if he or she violates any of the following provisions:
1442	1.  Rules or orders of the commission relating to seasons
1443	or time periods for the taking of wildlife, freshwater fish, or
1444	saltwater fish.
1445	2.  Rules or orders of the commission establishing bag,
1446	possession, or size limits or restricting methods of taking
1447	wildlife, freshwater fish, or saltwater fish.
1448	3.  Rules or orders of the commission prohibiting access or
1449	otherwise relating to access to wildlife management areas or
1450	other areas managed by the commission.
1451	4.  Rules or orders of the commission relating to the
1452	feeding of wildlife, freshwater fish, or saltwater fish.
1453	5.  Rules or orders of the commission relating to landing
1454	requirements for freshwater fish or saltwater fish.
1455	6.  Rules or orders of the commission relating to
1456	restricted hunting areas, critical wildlife areas, or bird
1457	sanctuaries.
1458	7.  Rules or orders of the commission relating to tagging
1459	requirements for wildlife game and fur-bearing animals.
1460	8.  Rules or orders of the commission relating to the use
1461	of dogs for the taking of wildlife game.
1462	9.  Rules or orders of the commission which are not
1463	otherwise classified.
1464	10.  Rules or orders of the commission prohibiting the
1465	unlawful use of finfish traps.
1466	11.  All prohibitions in this chapter which are not
1467	otherwise classified.
1468	12.  Section 379.33, prohibiting the violation of or
1469	noncompliance with commission rules.
1470	13.  Section 379.407(6), prohibiting the sale, purchase,
1471	harvest, or attempted harvest of any saltwater product with
1472	intent to sell.
1473	14.  Section 379.2421, prohibiting the obstruction of
1474	waterways with net gear.
1475	15.  Section 379.413, prohibiting the unlawful taking of
1476	bonefish.
1477	16.  Section 379.365(2)(a) and (b), prohibiting the
1478	possession or use of stone crab traps without trap tags and
1479	theft of trap contents or gear.
1480	17.  Section 379.366(4)(b), prohibiting the theft of blue
1481	crab trap contents or trap gear.
1482	18.  Section 379.3671(2)(c), prohibiting the possession or
1483	use of spiny lobster traps without trap tags or certificates and
1484	theft of trap contents or trap gear.
1485	19.  Section 379.357, prohibiting the possession of tarpon
1486	without purchasing a tarpon tag.
1487	20.  Rules or orders of the commission Section 379.409,
1488	prohibiting the feeding or enticement of alligators or
1489	crocodiles.
1490	21.  Section 379.105, prohibiting the intentional
1491	harassment of hunters, fishers, or trappers.
1492	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1493	Four violation if he or she violates any of the following
1494	provisions:
1495	1.  Section 379.365(2)(c), prohibiting criminal activities
1496	relating to the taking of stone crabs.
1497	2.  Section 379.366(4)(c), prohibiting criminal activities
1498	relating to the taking and harvesting of blue crabs.
1499	3.  Section 379.367(4), prohibiting the willful molestation
1500	of spiny lobster gear.
1501	4.  Section 379.3671(2)(c)5., prohibiting the unlawful
1502	reproduction, possession, sale, trade, or barter of spiny
1503	lobster trap tags or certificates.
1504	5.  Section 379.354(16), prohibiting the making, forging,
1505	counterfeiting, or reproduction of a recreational license or
1506	possession of same without authorization from the commission.
1507	6.  Section 379.404(5), prohibiting the sale of illegally-
1508	taken deer or wild turkey.
1509	7.  Section 379.405, prohibiting the molestation or theft
1510	of freshwater fishing gear.
1511	8.  Section 379.409, prohibiting the unlawful killing,
1512	injuring, possessing, or capturing of alligators or other
1513	crocodilia or their eggs.
1514	Section 43.  Paragraph (a) of subsection (2) of section
1515	379.4015, Florida Statutes, is amended to read:
1516	379.4015  Captive wildlife penalties.--
1517	(2)  LEVEL TWO.--Unless otherwise provided by law, the
1518	following classifications and penalties apply:
1519	(a)  A person commits a Level Two violation if he or she
1520	violates any of the following provisions:
1521	1.  Unless otherwise stated in subsection (1), rules or
1522	orders of the commission that require a person to pay a fee to
1523	obtain a permit to possess captive wildlife or that require the
1524	maintenance of records relating to captive wildlife.
1525	2.  Rules or orders of the commission relating to captive
1526	wildlife not specified in subsection (1) or subsection (3).
1527	3.  Rules or orders of the commission that require housing
1528	of wildlife in a safe manner when a violation results in an
1529	escape of wildlife other than Class I wildlife.
1530	4.  Section 379.372, relating to capturing, keeping,
1531	possessing, transporting, or exhibiting venomous reptiles or
1532	reptiles of concern.
1533	5.  Section 379.373, relating to requiring a license or
1534	permit for the capturing, keeping, possessing, or exhibiting of
1535	venomous reptiles or reptiles of concern.
1536	6.  Section 379.374, relating to bonding requirements for
1537	public exhibits of venomous reptiles.
1538	7.  Section 379.305, relating to commission rules and
1539	regulations to prevent the escape of venomous reptiles or
1540	reptiles of concern.
1541	8.  Section 379.304, relating to exhibition or sale of
1542	wildlife.
1543	9.  Section 379.3761, relating to exhibition or sale of
1544	wildlife.
1545	10.  Section 379.3762, relating to personal possession of
1546	wildlife.
1547	Section 44.  Section 379.501, Florida Statutes, is created
1548	to read:
1549	379.501  Aquatic weeds and plants; prohibitions;
1550	violations; penalties; intent.--
1551	(1)  A person may not:
1552	(a)  Violate this section or any provision of s. 369.20 or
1553	s. 369.22 related to aquatic weeds and plants;
1554	(b)  Fail to obtain any permit required by s. 369.20 or s.
1555	369.22 or by commission rule implementing s. 369.20 or s.
1556	369.22, or violate or fail to comply with any rule, regulation,
1557	order, permit, or certification adopted or issued by the
1558	commission pursuant to s. 369.20 or s. 369.22; or
1559	(c)  Knowingly make any false statement, representation, or
1560	certification in any application, record, report, plan, or other
1561	document filed or required to be maintained under s. 369.20 or
1562	s. 369.22, or falsify, tamper with, or knowingly render
1563	inaccurate any monitoring device or method required to be
1564	maintained under s. 369.20 or s. 369.22 or by any permit, rule,
1565	regulation, or order issued under s. 369.20 or s. 369.22.
1566	(2)  Any person who violates any provision of subsection
1567	(1) is liable to the state for any damage caused to the aquatic
1568	weeds or plants and for civil penalties as provided in s.
1569	379.502.
1570	(3)  Any person who willfully commits a violation of
1571	paragraph (1)(a) commits a felony of the third degree,
1572	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1573	Each day during any portion of which such violation occurs
1574	constitutes a separate offense.
1575	(4)  Any person who commits a violation specified in
1576	paragraph (1)(a) due to reckless indifference or gross careless
1577	disregard commits a misdemeanor of the second degree, punishable
1578	as provided in s. 775.082 or s. 775.083.
1579	(5)  Any person who willfully commits a violation specified
1580	in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
1581	the first degree, punishable as provided in s. 775.082 or s.
1582	775.083.
1583	(6)  It is the intent of the Legislature that the civil
1584	penalties and criminal fines imposed by a court be of such an
1585	amount as to ensure immediate and continued compliance with this
1586	section.
1587	(7)  Penalties assessed pursuant to ss. 379.501-379.504 are
1588	in addition to any penalties assessed by the Board of Trustees
1589	of the Internal Improvement Trust Fund, the Department of
1590	Environmental Protection, or a water management district
1591	pursuant to chapter 253, chapter 373, or chapter 403.
1592	Section 45.  Section 379.502, Florida Statutes, is created
1593	to read:
1594	379.502  Enforcement; procedure; remedies.--The commission
1595	has the following judicial and administrative remedies available
1596	to it for violations of s. 379.501:
1597	(1)(a)  The commission may institute a civil action in a
1598	court of competent jurisdiction to establish liability and to
1599	recover damages for any injury to the waters or property of the
1600	state, including animal, plant, and aquatic life, caused by any
1601	violation of s. 379.501.
1602	(b)  The commission may institute a civil action in a court
1603	of competent jurisdiction to impose and to recover a civil
1604	penalty for each violation in an amount of not more than $10,000
1605	per offense. However, the court may receive evidence in
1606	mitigation. Each day, during any portion of which such violation
1607	occurs, constitutes a separate offense.
1608	(c)  Except as provided in paragraph (2)(c), the fact that
1609	the commission has failed to exhaust its administrative
1610	remedies, has failed to serve a notice of violation, or has
1611	failed to hold an administrative hearing before initiating a
1612	civil action is not a defense to, or grounds for dismissal of,
1613	the judicial remedies for damages and civil penalties.
1614	(2)(a)  The commission may institute an administrative
1615	proceeding to establish liability and to recover damages for any
1616	injury to the waters or property of the state, including animal,
1617	plant, or aquatic life, caused by any violation of s. 379.501.
1618	The commission may order that the violator pay a specified sum
1619	as damages to the state. Judgment for the amount of damages
1620	determined by the commission may be entered in any court having
1621	jurisdiction thereof and may be enforced as any other judgment.
1622	(b)  If the commission has reason to believe that a
1623	violation has occurred, it may institute an administrative
1624	proceeding to order the prevention, abatement, or control of the
1625	conditions creating the violation or other appropriate
1626	corrective action. The commission shall proceed administratively
1627	in all cases in which the commission seeks administrative
1628	penalties that do not exceed $10,000 per assessment as
1629	calculated in accordance with subsections (3), (4), (5), and
1630	(6). The commission may not impose administrative penalties in
1631	excess of $10,000 in a notice of violation. The commission may
1632	not have more than one notice of violation seeking
1633	administrative penalties pending against the same party at the
1634	same time unless the violations occurred at a different site or
1635	the violations were discovered by the commission subsequent to
1636	the filing of a previous notice of violation.
1637	(c)  An administrative proceeding shall be instituted by
1638	the commission's serving of a written notice of violation upon
1639	the alleged violator by certified mail. If the commission is
1640	unable to effect service by certified mail, the notice of
1641	violation may be hand delivered or personally served in
1642	accordance with chapter 48. The notice shall specify the
1643	provision of the law, rule, regulation, permit, certification,
1644	or order of the commission alleged to have been violated and the
1645	facts alleged to constitute a violation thereof. An order for
1646	corrective action, penalty assessment, or damages may be
1647	included along with the notice. If the commission is seeking to
1648	impose an administrative penalty for any violation of s. 379.501
1649	by issuing a notice of violation, any corrective action needed
1650	to correct the violation or damages caused by the violation must
1651	be pursued in the notice of violation or they are waived.
1652	However, an order does not become effective until after service
1653	and an administrative hearing, if requested within 20 days after
1654	service. Failure to request an administrative hearing within
1655	this period constitutes a waiver, unless the respondent files a
1656	written notice with the commission within this period opting out
1657	of the administrative process initiated by the commission. Any
1658	respondent choosing to opt out of the administrative process
1659	initiated by the commission must file a written notice with the
1660	commission, within 20 days after service of the notice of
1661	violation, opting out of the administrative process. A
1662	respondent's decision to opt out of the administrative process
1663	does not preclude the commission from initiating a state court
1664	action seeking injunctive relief, damages, and the judicial
1665	imposition of civil penalties.
1666	(d)  If a person timely files a petition challenging a
1667	notice of violation, that person will thereafter be referred to
1668	as the respondent. The hearing requested by the respondent shall
1669	be held within 180 days after the commission has referred the
1670	initial petition to the Division of Administrative Hearings
1671	unless the parties agree to a later date. The commission has the
1672	burden of proving by the preponderance of the evidence that the
1673	respondent is responsible for the violation. An administrative
1674	penalty may not be imposed unless the commission satisfies that
1675	burden. Following the close of the hearing, the administrative
1676	law judge shall issue a final order on all matters, including
1677	the imposition of an administrative penalty. If the commission
1678	seeks to enforce that portion of a final order imposing
1679	administrative penalties pursuant to s. 120.69, the respondent
1680	may not assert as a defense the inappropriateness of the
1681	administrative remedy. The commission retains its final-order
1682	authority in all administrative actions that do not request the
1683	imposition of administrative penalties.
1684	(e)  After filing a petition requesting a formal hearing in
1685	response to a notice of violation, a respondent may request that
1686	a private mediator be appointed to mediate the dispute by
1687	contacting the Florida Conflict Resolution Consortium within 10
1688	days after receipt of the initial order from the administrative
1689	law judge. The Florida Conflict Resolution Consortium shall pay
1690	all of the costs of the mediator and for up to 8 hours of the
1691	mediator's time per case at $150 per hour. Upon notice from the
1692	respondent, the Florida Conflict Resolution Consortium shall
1693	provide the respondent with a panel of possible mediators from
1694	the area in which the hearing on the petition would be heard.
1695	The respondent shall select the mediator and notify the Florida
1696	Conflict Resolution Consortium of the selection within 15 days
1697	after receipt of the proposed panel of mediators. The Florida
1698	Conflict Resolution Consortium shall provide all of the
1699	administrative support for the mediation process. The mediation
1700	must be completed at least 15 days before the final hearing date
1701	set by the administrative law judge.
1702	(f)  In any administrative proceeding brought by the
1703	commission, the prevailing party shall recover all costs as
1704	provided in ss. 57.041 and 57.071. The costs must be included in
1705	the final order. The respondent is the prevailing party when an
1706	order is entered awarding no penalties to the commission and the
1707	order has not been reversed on appeal or the time for seeking
1708	judicial review has expired. The respondent is entitled to an
1709	award of attorney's fees if the administrative law judge
1710	determines that the notice of violation issued by the commission
1711	was not substantially justified as defined in s. 57.111(3)(e).
1712	An award of attorney's fees as provided by this subsection may
1713	not exceed $15,000.
1714	(g)  This section does not prevent any other legal or
1715	administrative action in accordance with law. This subsection
1716	does not limit the commission's authority set forth in this
1717	section and ss. 379.503 and 379.504 to judicially pursue
1718	injunctive relief. If the commission exercises its authority to
1719	judicially pursue injunctive relief, penalties in any amount up
1720	to the statutory maximum sought by the commission must be
1721	pursued as part of the state court action and not by initiating
1722	a separate administrative proceeding. The commission retains the
1723	authority to judicially pursue penalties in excess of $10,000
1724	for violations not specifically included in the administrative
1725	penalty schedule, or for multiple or multiday violations alleged
1726	to exceed a total of $10,000. The commission also retains the
1727	authority provided in this section and ss. 379.503 and 379.504
1728	to judicially pursue injunctive relief and damages, if a notice
1729	of violation seeking the imposition of administrative penalties
1730	has not been issued. The commission may enter into a settlement
1731	before or after initiating a notice of violation, and the
1732	settlement may include a penalty amount that is different from
1733	the administrative penalty schedule. Any case filed in state
1734	court because it is alleged to exceed a total of $10,000 in
1735	penalties may be settled in the court action for less than
1736	$10,000.
1737	(h)  The provisions of chapter 120 shall apply to any
1738	administrative action taken by the commission under this section
1739	or any delegated program pursuing administrative penalties in
1740	accordance with this section.
1741	(3)  Administrative penalties must be calculated according
1742	to the following schedule:
1743	(a)  For violations of s. 379.501(1)(a) or (b), $3,000.
1744	(b)  For failure to conduct required monitoring or testing
1745	in compliance with a permit, $2,000.
1746	(c)  For failure to prepare, submit, maintain, or use
1747	required reports or other required documentation, $500.
1748	(d)  For failure to comply with any other regulatory
1749	statute or rule requirement relating to the administration of
1750	the commission's powers under s. 369.20 or s. 369.22 not
1751	otherwise identified in this section, $500.
1752	(4)  For each additional day during which a violation
1753	occurs, the administrative penalties in subsection (3) may be
1754	assessed per day, per violation.
1755	(5)  The history of noncompliance of the violator for any
1756	previous violation resulting in an executed consent order, but
1757	not including a consent order entered into without a finding of
1758	violation, or resulting in a final order or judgment on or after
1759	July 1, 2009, involving the imposition of $2,000 or more in
1760	penalties, shall be taken into consideration in the following
1761	manner:
1762	(a)  One previous such violation within 5 years prior to
1763	the filing of the notice of violation shall result in a 25-
1764	percent per day increase in the scheduled administrative
1765	penalty.
1766	(b)  Two previous such violations within 5 years prior to
1767	the filing of the notice of violation shall result in a 50-
1768	percent per day increase in the scheduled administrative
1769	penalty.
1770	(c)  Three or more previous such violations within 5 years
1771	before the filing of the notice of violation shall result in a
1772	100-percent per day increase in the scheduled administrative
1773	penalty.
1774	(6)  The direct economic benefit gained by the violator
1775	from the violation shall be added to the scheduled
1776	administrative penalty. The total administrative penalty,
1777	including any economic benefit added to the scheduled
1778	administrative penalty, may not exceed $10,000.
1779	(7)  The administrative penalties assessed for any
1780	particular violation may not exceed $3,000 against any one
1781	violator unless the violator has a history of noncompliance, the
1782	economic benefit of the violation as described in subsection (6)
1783	exceeds $3,000, or there are multiday violations. The total
1784	administrative penalties may not exceed $10,000 per assessment
1785	for all violations attributable to a specific person in the
1786	notice of violation.
1787	(8)  The administrative law judge may receive evidence in
1788	mitigation. The penalties identified in subsection (3) may be
1789	reduced up to 50 percent by the administrative law judge for
1790	mitigating circumstances, including good faith efforts to comply
1791	prior to or after discovery of the violations by the commission.
1792	Upon an affirmative finding that the violation was caused by
1793	circumstances beyond the reasonable control of the respondent
1794	and could not have been prevented by the respondent's due
1795	diligence, the administrative law judge may further reduce the
1796	penalty.
1797	(9)  Penalties collected under this section shall be
1798	deposited into the Invasive Plant Control Trust Fund to carry
1799	out the purposes set forth in ss. 369.20, 369.22, and 369.252.
1800	The Florida Conflict Resolution Consortium may use a portion of
1801	the fund to administer the mediation process provided in
1802	paragraph (2)(e) and to contract with private mediators for
1803	administrative penalty cases related to s. 369.20 or s. 369.22.
1804	(10)  The purpose of the administrative penalty schedule
1805	and process is to provide a more predictable and efficient
1806	manner for individuals and businesses to resolve relatively
1807	minor environmental disputes. Subsections (3) through (7) do not
1808	limit a state court in the assessment of damages. The
1809	administrative penalty schedule does not apply to the judicial
1810	imposition of civil penalties in state court as provided in this
1811	section.
1812	Section 46.  Section 379.503, Florida Statutes, is created
1813	to read:
1814	379.503  Civil action.--The commission may institute a
1815	civil action in a court of competent jurisdiction to seek
1816	injunctive relief to enforce compliance with ss. 379.501,
1817	379.502, and 379.504 or any rule, regulation, permit,
1818	certification, or order adopted or issued by the commission
1819	pursuant to s. 369.20 or s. 369.22; to enjoin any violation
1820	specified in s. 379.501(1); and to seek injunctive relief to
1821	prevent irreparable injury to the waters and property, including
1822	animal, plant, and aquatic life, of the state and to protect
1823	human health, safety, and welfare caused or threatened by any
1824	violation of s. 379.501. All the judicial and administrative
1825	remedies to recover damages and penalties in this section and s.
1826	379.502 are alternative and mutually exclusive.
1827	Section 47.  Section 379.504, Florida Statutes, is created
1828	to read:
1829	379.504  Civil liability; joint and several liability.--
1830	(1)  A person who commits a violation specified in s.
1831	379.501(1) is liable to the state for any damage caused to the
1832	waters or property of the state, including animal, plant, or
1833	aquatic life, and for reasonable costs and expenses of the state
1834	in restoring its waters and property, including animal, plant,
1835	and aquatic life, to their former condition, and furthermore is
1836	subject to the judicial imposition of a civil penalty for each
1837	offense in an amount of not more than $10,000 per offense.
1838	However, the court may receive evidence in mitigation. Each day
1839	during any portion of which such violation occurs constitutes a
1840	separate offense. This section does not give the commission the
1841	right to bring an action on behalf of any private person.
1842	(2)  If two or more persons violate s. 379.501(1) so that
1843	the damage is indivisible, each violator shall be jointly and
1844	severally liable for the damage and for the reasonable cost and
1845	expenses of the state incurred in restoring the waters and
1846	property of the state, including the animal, plant, and aquatic
1847	life, to their former condition. However, if the damage is
1848	divisible and may be attributed to a particular violator or
1849	violators, each violator is liable only for that damage
1850	attributable to his or her violation.
1851	(3)  In assessing damages for fish killed, the value of the
1852	fish shall be determined in accordance with a table of values
1853	for individual categories of fish, which shall be adopted by the
1854	Department of Environmental Protection pursuant to s.
1855	403.141(3). The total number of fish killed may be estimated by
1856	standard practices used in estimating fish population.
1857	Section 48.  Subsection (1) of section 403.088, Florida
1858	Statutes, is amended to read:
1859	403.088  Water pollution operation permits; conditions.--
1860	(1)  No person, without written authorization of the
1861	department, shall discharge into waters within the state any
1862	waste which, by itself or in combination with the wastes of
1863	other sources, reduces the quality of the receiving waters below
1864	the classification established for them. However, this section
1865	shall not be deemed to prohibit the application of pesticides to
1866	waters in the state for the control of insects, aquatic weeds,
1867	or algae, provided the application is performed pursuant to a
1868	program approved by the Department of Health, in the case of
1869	insect control, or the Fish and Wildlife Conservation Commission
1870	department, in the case of aquatic weed or algae control. The
1871	department is directed to enter into interagency agreements to
1872	establish the procedures for program approval. Such agreements
1873	shall provide for public health, welfare, and safety, as well as
1874	environmental factors. Approved programs must provide that only
1875	chemicals approved for the particular use by the United States
1876	Environmental Protection Agency or by the Department of
1877	Agriculture and Consumer Services may be employed and that they
1878	be applied in accordance with registered label instructions,
1879	state standards for such application, and the provisions of the
1880	Florida Pesticide Law, part I of chapter 487.
1881	Section 49.  The Fish and Wildlife Conservation Commission,
1882	in consultation with the Department of Environmental Protection,
1883	is directed to establish a pilot program in at least one, but
1884	not more than five, locations to explore potential options for
1885	regulating the anchoring or mooring of non-live-aboard vessels
1886	outside the marked boundaries of public mooring fields.
1887	(1)  The goals of the pilot program are to encourage the
1888	establishment of additional public mooring fields and to develop
1889	and test policies and regulatory regimes that:
1890	(a)  Promote the establishment and use of public mooring
1891	fields.
1892	(b)  Promote public access to the waters of this state.
1893	(c)  Enhance navigational safety.
1894	(d)  Protect maritime infrastructure.
1895	(e)  Protect the marine environment.
1896	(f)  Deter improperly stored, abandoned, or derelict
1897	vessels.
1898	(2)  Each location selected for inclusion in the pilot
1899	program must be associated with a properly permitted mooring
1900	field. The commission, in consultation with the department,
1901	shall select all locations for the pilot program prior to July
1902	1, 2011. If more than one location is selected, the selections
1903	must be geographically diverse and take into consideration the
1904	various users and means of using the waters of this state.
1905	(3)  Notwithstanding the provisions of s. 327.60, Florida
1906	Statutes, a county or municipality selected for participation in
1907	the pilot program may regulate by ordinance the anchoring of
1908	vessels, other than live-aboard vessels as defined in s. 327.02,
1909	Florida Statutes, outside of a mooring field. Any ordinance
1910	enacted under the pilot program shall take effect and become
1911	enforceable only after approval by the commission. The
1912	commission may not approve any ordinance not consistent with the
1913	goals of the pilot program.
1914	(4)  The commission shall:
1915	(a)  Provide consultation and technical assistance to each
1916	municipality or county selected for participation in the pilot
1917	program to facilitate accomplishment of the pilot program's
1918	goals.
1919	(b)  Coordinate the review of any proposed ordinance with
1920	the department; the United States Coast Guard; the Florida
1921	Inland Navigation District or the West Coast Inland Navigation
1922	District, as appropriate; and associations or other
1923	organizations representing vessel owners or operators.
1924	(c)  Monitor and evaluate at least annually each location
1925	selected for participation in the pilot program and make such
1926	modifications as may be necessary to accomplish the pilot
1927	program's goals.
1928	(5)  The commission shall submit a report of its findings
1929	and recommendations to the Governor, the President of the
1930	Senate, and the Speaker of the House of Representatives by
1931	January 1, 2014.
1932	(6)  The pilot program shall expire on July 1, 2014, unless
1933	reenacted by the Legislature. All ordinances enacted under this
1934	section shall expire concurrently with the expiration of the
1935	pilot program and shall be inoperative and unenforceable
1936	thereafter.
1937	Section 50.  The statutory powers, duties, and functions
1938	related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
1939	which were transferred by chapter 2008-150, Laws of Florida, and
1940	all records, personnel, and property; unexpended balances of
1941	appropriations, allocations, and other funds; administrative
1942	authority; administrative rules; pending issues; and existing
1943	contracts of the Bureau of Invasive Plant Management in the
1944	Department of Environmental Protection are transferred by a type
1945	two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
1946	Fish and Wildlife Conservation Commission. All actions taken
1947	pursuant to chapter 2008-150, Laws of Florida, and the
1948	Interagency Agreement executed pursuant thereto are ratified.
1949	Section 51.  The Invasive Plant Control Trust Fund, FLAIR
1950	number 37-2-030, in the Department of Environmental Protection
1951	is transferred to the Fish and Wildlife Conservation Commission,
1952	FLAIR number 77-2-030.
1953	Section 52.  Beginning in the 2009-2010 fiscal year and
1954	continuing each fiscal year thereafter, the sum of $185,000 is
1955	appropriated from the State Game Trust Fund to the Fish and
1956	Wildlife Conservation Commission for the purpose of issuing
1957	licenses pursuant to s. 379.3761, Florida Statutes.
1958	Section 53.  For the purpose of incorporating the amendment
1959	made by this act to section 319.32, Florida Statutes, in a
1960	reference thereto, paragraph (a) of subsection (2) of section
1961	379.209, Florida Statutes, is reenacted to read:
1962	379.209  Nongame Wildlife Trust Fund.--
1963	(2)(a)  There is established within the Fish and Wildlife
1964	Conservation Commission the Nongame Wildlife Trust Fund. The
1965	fund shall be credited with moneys collected pursuant to ss.
1966	319.32(3) and 320.02(8). Additional funds may be provided from
1967	legislative appropriations and by donations from interested
1968	individuals and organizations. The commission shall designate an
1969	identifiable unit to administer the trust fund.
1970	Section 54.  For the purpose of incorporating the amendment
1971	made by this act to section 379.353, Florida Statutes, in a
1972	reference thereto, subsection (7) of section 379.3581, Florida
1973	Statutes, is reenacted to read:
1974	379.3581  Hunter safety course; requirements; penalty.--
1975	(7)  The hunter safety requirements of this section do not
1976	apply to persons for whom licenses are not required under s.
1977	379.353(2).
1978	Section 55.  Effective October 1, 2009, section 327.22,
1979	Florida Statutes, is repealed.
1980	Section 56.  Subsection (7) of section 379.366, Florida
1981	Statutes, is repealed.
1982	Section 57.  Except as otherwise expressly provided in this
1983	act, this act shall take effect July 1, 2009.

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