CS/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; providing a short title;
32	amending s. 327.40, F.S.; revising provisions for
33	placement of navigation, safety, and informational markers
34	of waterways; providing for uniform waterway markers;
35	removing an exemption from permit requirements for certain
36	markers placed by county, municipal, or other governmental
37	entities; amending s. 327.41, F.S., relating to placement
38	of markers by a county, municipality, or other
39	governmental entity; revising terminology; providing for a
40	county, municipality, or other governmental entity that
41	has been granted or has adopted or established a boating-
42	restricted area to apply for permission to place
43	regulatory markers; amending s. 327.42, F.S.; revising
44	provisions prohibiting mooring to or damaging markers or
45	buoys; amending s. 327.46, F.S.; revising provisions for
46	establishment by the Fish and Wildlife Conservation
47	Commission of boating-restricted areas; providing for
48	counties and municipalities to establish boating-
49	restricted areas with approval of the commission;
50	directing the commission to adopt rules; revising a
51	prohibition against operating a vessel in a prohibited
52	manner in a boating-restricted area; amending s. 327.60,
53	F.S.; revising provisions limiting local regulations
54	relating to vessels operated upon the waters of this
55	state; prohibiting specified county or municipality
56	ordinances or regulations; amending s. 327.65, F.S.;
57	conforming a cross-reference; creating s. 327.66, F.S.;
58	prohibiting possessing or operating a vessel equipped with
59	certain 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 fee; authorizing the commission to use
138	proceeds of specified hunting, fishing, and recreational
139	licenses for certain purposes; increasing the fee amounts
140	for waterfowl, wild turkey, snook, spiny lobster,
141	management area, special use, and recreational user
142	permits; providing for a management area permit and fee
143	for outdoor recreational activities other than hunting and
144	fishing; providing for a deer permit and fee; requiring
145	the commission to prepare an annual report and submit the
146	report to the Governor and the Legislature; providing
147	report requirements; amending s. 379.3671, F.S.; revising
148	provisions for abandonment and reversion of lobster trap
149	certificates under specified conditions; amending s.
150	379.3751, F.S.; specifying activities relating to the
151	taking and possession of alligators that require a license
152	and payment of the applicable fee; deleting provisions
153	relating to the issuance, form, and content of such
154	licenses; amending s. 379.3761, F.S.; providing penalties
155	for violations relating to the exhibition or sale of
156	wildlife; amending s. 379.3762, F.S.; revising a cross-
157	reference with respect to the penalties imposed for
158	violations relating to the personal possession of
159	wildlife; amending s. 379.401, F.S.; revising
160	applicability of violation provisions relating to
161	alligators and crocodiles; conforming references to
162	wildlife; amending s. 379.4015, F.S.; specifying
163	applicability of captive wildlife penalty provisions
164	relating to the exhibition or sale of wildlife; creating
165	s. 379.501, F.S.; providing penalties for violations
166	relating to aquatic weeds and plants; providing
167	legislative intent for civil penalties and criminal fines
168	imposed by a court; creating s. 379.502, F.S.; providing
169	judicial and administrative procedures and remedies to
170	enforce penalty provisions for violations relating to
171	aquatic weeds and plants; providing for mediation;
172	providing for recovery of costs and attorney's fees;
173	requiring proceeds from related penalties to be credited
174	to the Invasive Plant Control Trust Fund; creating s.
175	379.503, F.S.; authorizing the commission to seek
176	injunctive relief; providing that judicial and
177	administrative remedies are alternative and mutually
178	exclusive; creating s. 379.504, F.S.; providing civil
179	penalties for violations relating to aquatic weeds and
180	plants; authorizing a court to impose a civil penalty for
181	each offense not to exceed a specified amount; providing
182	for joint and several liability; providing for a
183	methodology for assessing certain damages; amending s.
184	403.088, F.S.; requiring the commission to approve an
185	aquatic weeds and algae control program; directing the
186	commission, in consultation with the Department of
187	Environmental Protection, to establish a pilot program to
188	explore options for regulating the anchoring or mooring of
189	non-live-aboard vessels outside the marked boundaries of
190	public mooring fields; providing geographic locations for
191	the pilot program; providing goals and procedures;
192	providing duties of the commission; requiring a report to
193	the Governor and the Legislature; providing for expiration
194	of the pilot program and any ordinance enacted thereunder;
195	providing for construction; providing for a type two
196	transfer of the Bureau of Invasive Plant Management within
197	the Department of Environmental Protection to the Fish and
198	Wildlife Conservation Commission; ratifying actions taken
199	pursuant to ch. 2008-150, Laws of Florida, and an
200	interagency agreement executed pursuant thereto;
201	transferring the Invasive Plant Control Trust Fund within
202	the Department of Environmental Protection to the Fish and
203	Wildlife Conservation Commission; providing a continuing
204	appropriation to the commission for the costs associated
205	with the shoreline fishing license exemption; reenacting
206	s. 379.209(2)(a), F.S., relating to funds credited to the
207	Nongame Wildlife Trust Fund, to incorporate an amendment
208	made to s. 319.32, F.S., in a reference thereto;
209	reenacting s. 379.3581(7), F.S., relating to hunting
210	safety, to incorporate the amendment made to s. 379.353,
211	F.S., in a reference thereto; reenacting ss. 379.2213,
212	379.3501, and 379.3712, F.S., relating to management area
213	permit revenues, expiration of licenses and permits, and
214	commercial hunting preserve licenses, respectively, to
215	incorporate the amendment made to s. 379.354, F.S., in
216	references thereto; repealing s. 327.22, F.S., relating to
217	regulation of vessels by municipalities or counties;
218	repealing ss. 379.2211 and 379.2212, F.S., relating to
219	Florida waterfowl permit revenues and Florida wild turkey
220	permit revenues, respectively; repealing s. 379.366(7),
221	F.S., to abrogate the expiration of provisions imposing
222	blue crab effort management program fees and penalties;
223	providing effective dates.
224
225	Be It Enacted by the Legislature of the State of Florida:
226
227	Section 1.  Paragraph (a) of subsection (1) of section
228	206.606, Florida Statutes, is amended to read:
229	206.606  Distribution of certain proceeds.--
230	(1)  Moneys collected pursuant to ss. 206.41(1)(g) and
231	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
232	Fund. Such moneys, after deducting the service charges imposed
233	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
234	administrative costs incurred by the department in collecting,
235	administering, enforcing, and distributing the tax, which
236	administrative costs may not exceed 2 percent of collections,
237	shall be distributed monthly to the State Transportation Trust
238	Fund, except that:
239	(a)  $6.30 million shall be transferred to the Fish and
240	Wildlife Conservation Commission in each fiscal year and
241	deposited in the Invasive Plant Control Trust Fund to be used
242	for aquatic plant management, including nonchemical control of
243	aquatic weeds, research into nonchemical controls, and
244	enforcement activities. Beginning in fiscal year 1993-1994, The
245	commission department shall allocate at least $1 million of such
246	funds to the eradication of melaleuca.
247	Section 2.  Subsection (1) of section 253.002, Florida
248	Statutes, is amended to read:
249	253.002  Department of Environmental Protection, water
250	management districts, Fish and Wildlife Conservation Commission,
251	and Department of Agriculture and Consumer Services; duties with
252	respect to state lands.--
253	(1)  The Department of Environmental Protection shall
254	perform all staff duties and functions related to the
255	acquisition, administration, and disposition of state lands,
256	title to which is or will be vested in the Board of Trustees of
257	the Internal Improvement Trust Fund. However, upon the effective
258	date of rules adopted pursuant to s. 373.427, a water management
259	district created under s. 373.069 shall perform the staff duties
260	and functions related to the review of any application for
261	authorization to use board of trustees-owned submerged lands
262	necessary for an activity regulated under part IV of chapter 373
263	for which the water management district has permitting
264	responsibility as set forth in an operating agreement adopted
265	pursuant to s. 373.046(4); and the Department of Agriculture and
266	Consumer Services shall perform the staff duties and functions
267	related to the review of applications and compliance with
268	conditions for use of board of trustees-owned submerged lands
269	under authorizations or leases issued pursuant to ss. 253.67-
270	253.75 and 597.010. Unless expressly prohibited by law, the
271	board of trustees may delegate to the department any statutory
272	duty or obligation relating to the acquisition, administration,
273	or disposition of lands, title to which is or will be vested in
274	the board of trustees. The board of trustees may also delegate
275	to any water management district created under s. 373.069 the
276	authority to take final agency action, without any action on
277	behalf of the board, on applications for authorization to use
278	board of trustees-owned submerged lands for any activity
279	regulated under part IV of chapter 373 for which the water
280	management district has permitting responsibility as set forth
281	in an operating agreement adopted pursuant to s. 373.046(4).
282	This water management district responsibility under this
283	subsection shall be subject to the department's general
284	supervisory authority pursuant to s. 373.026(7). The board of
285	trustees may also delegate to the Department of Agriculture and
286	Consumer Services the authority to take final agency action on
287	behalf of the board on applications to use board of trustees-
288	owned submerged lands for any activity for which that department
289	has responsibility pursuant to ss. 253.67-253.75, 369.25,
290	369.251, and 597.010. However, the board of trustees shall
291	retain the authority to take final agency action on establishing
292	any areas for leasing, new leases, expanding existing lease
293	areas, or changing the type of lease activity in existing
294	leases. Upon issuance of an aquaculture lease or other real
295	property transaction relating to aquaculture, the Department of
296	Agriculture and Consumer Services must send a copy of the
297	document and the accompanying survey to the Department of
298	Environmental Protection. The board of trustees may also
299	delegate to the Fish and Wildlife Conservation Commission the
300	authority to take final agency action, without any action on
301	behalf of the board, on applications for authorization to use
302	board of trustees-owned submerged lands for any activity
303	regulated under ss. s. 369.20 and 369.22.
304	Section 3.  Effective October 1, 2009, subsections (4)
305	through (7) of section 253.04, Florida Statutes, are renumbered
306	as subsections (5) through (8), respectively, and a new
307	subsection (4) is added to that section to read:
308	253.04  Duty of board to protect, etc., state lands; state
309	may join in any action brought.--
310	(4)(a)  The duty to conserve and improve state-owned lands
311	and the products thereof shall include the preservation and
312	regeneration of seagrass, which is deemed essential to the
313	oceans, gulfs, estuaries, and shorelines of the state. A person
314	operating a vessel outside a lawfully marked channel in a
315	careless manner that causes seagrass scarring within an aquatic
316	preserve established in ss. 258.39-258.399, with the exception
317	of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
318	Springs aquatic preserves, commits a noncriminal infraction,
319	punishable as provided in s. 327.73. Each violation is a
320	separate offense. As used in this subsection, the term:
321	1.  "Seagrass" means Cuban shoal grass (Halodule wrightii),
322	turtle grass (Thalassia testudinum), manatee grass (Syringodium
323	filiforme), star grass (Halophila engelmannii), paddle grass
324	(Halophila decipiens), Johnson's seagrass (Halophila johnsonii),
325	or widgeon grass (Ruppia maritima).
326	2.  "Seagrass scarring" means destruction of seagrass
327	roots, shoots, or stems that results in tracks on the substrate
328	commonly referred to as prop scars or propeller scars caused by
329	the operation of a motorized vessel in waters supporting
330	seagrasses.
331	(b)  Any violation under paragraph (a) is a violation of
332	the vessel laws of this state and shall be charged on a uniform
333	boating citation as provided in s. 327.74. Any person who
334	refuses to post a bond or accept and sign a uniform boating
335	citation commits a misdemeanor of the second degree, as provided
336	in s. 327.73(3), punishable as provided in s. 775.082 or s.
337	775.083.
338	Section 4.  Effective September 1, 2009, subsection (3) of
339	section 319.32, Florida Statutes, is amended to read:
340	319.32  Fees; service charges; disposition.--
341	(3)  The department shall charge a fee of $10 $4 in
342	addition to that charged in subsection (1) for each original
343	certificate of title issued for a vehicle previously registered
344	outside this state.
345	Section 5.  Effective September 1, 2009, paragraphs (a) and
346	(x) of subsection (4) of section 320.08056, Florida Statutes,
347	are amended to read:
348	320.08056  Specialty license plates.--
349	(4)  The following license plate annual use fees shall be
350	collected for the appropriate specialty license plates:
351	(a)  Manatee license plate, $25 $20.
352	(x)  Conserve Wildlife license plate, $25 $15.
353	Section 6.  Subsection (17) of section 327.02, Florida
354	Statutes, is amended to read:
355	327.02  Definitions of terms used in this chapter and in
356	chapter 328.--As used in this chapter and in chapter 328, unless
357	the context clearly requires a different meaning, the term:
358	(17)  "Live-aboard vessel" means:
359	(a)  Any vessel used solely as a residence and not for
360	navigation; or
361	(b)  Any vessel represented as a place of business, or a
362	professional or other commercial enterprise;, or
363	(c)  Any vessel for which a declaration of domicile has
364	been filed pursuant to s. 222.17 a legal residence.
365
366	A commercial fishing boat is expressly excluded from the term
367	"live-aboard vessel."
368	Section 7.  Subsection (4) of section 327.35, Florida
369	Statutes, is amended to read:
370	327.35  Boating under the influence; penalties; "designated
371	drivers".--
372	(1)  A person is guilty of the offense of boating under the
373	influence and is subject to punishment as provided in subsection
374	(2) if the person is operating a vessel within this state and:
375	(a)  The person is under the influence of alcoholic
376	beverages, any chemical substance set forth in s. 877.111, or
377	any substance controlled under chapter 893, when affected to the
378	extent that the person's normal faculties are impaired;
379	(b)  The person has a blood-alcohol level of 0.08 or more
380	grams of alcohol per 100 milliliters of blood; or
381	(c)  The person has a breath-alcohol level of 0.08 or more
382	grams of alcohol per 210 liters of breath.
383	(4)  Any person who is convicted of a violation of
384	subsection (1) and who has a blood-alcohol level or breath-
385	alcohol level of 0.15 0.20 or higher, or any person who is
386	convicted of a violation of subsection (1) and who at the time
387	of the offense was accompanied in the vessel by a person under
388	the age of 18 years, shall be punished:
389	(a)  By a fine of:
390	1.  Not less than $1,000 or more than $2,000 for a first
391	conviction.
392	2.  Not less than $2,000 or more than $4,000 for a second
393	conviction.
394	3.  Not less than $4,000 for a third or subsequent
395	conviction.
396	(b)  By imprisonment for:
397	1.  Not more than 9 months for a first conviction.
398	2.  Not more than 12 months for a second conviction.
399
400	For the purposes of this subsection, only the instant offense is
401	required to be a violation of subsection (1) by a person who has
402	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
403	higher.
404	Section 8.  Paragraph (a) of subsection (2) of section
405	327.36, Florida Statutes, is amended to read:
406	327.36  Mandatory adjudication; prohibition against
407	accepting plea to lesser included offense.--
408	(2)(a)  No trial judge may accept a plea of guilty to a
409	lesser offense from a person who is charged with a violation of
410	s. 327.35, manslaughter resulting from the operation of a
411	vessel, or vessel homicide and who has been given a breath or
412	blood test to determine blood or breath alcohol content, the
413	results of which show a blood-alcohol level or breath-alcohol
414	level of 0.15 0.16 or more.
415	Section 9.  Effective January 1, 2010, subsections (1),
416	(6), and (7) of section 327.395, Florida Statutes, are amended,
417	and subsection (12) is added to that section, to read:
418	327.395  Boating safety identification cards.--
419	(1)  A person born on or after January 1, 1988, 21 years of
420	age or younger may not operate a vessel powered by a motor of 10
421	horsepower or greater unless such person has in his or her
422	possession aboard the vessel photographic identification and a
423	boater safety identification card issued by the commission which
424	shows that he or she has:
425	(a)  Completed a commission-approved boater education
426	course that meets the minimum 8-hour instruction requirement
427	established by the National Association of State Boating Law
428	Administrators;
429	(b)  Passed a course equivalency examination approved by
430	the commission; or
431	(c)  Passed a temporary certificate examination developed
432	or approved by the commission.
433	(6)  A person is exempt from subsection (1) if he or she:
434	(a)  Is licensed by the United States Coast Guard to serve
435	as master of a vessel.
436	(b)  Operates a vessel only on a private lake or pond.
437	(c)  Is accompanied in the vessel by a person who is exempt
438	from this section or who holds an identification card in
439	compliance with this section, is 18 years of age or older, and
440	is attendant to the operation of the vessel and responsible for
441	the safe operation of the vessel and for any violation that
442	occurs during the operation.
443	(d)  Is a nonresident who has in his or her possession
444	proof that he or she has completed a boater education course or
445	equivalency examination in another state which meets or exceeds
446	the requirements of subsection (1).
447	(e)  Is operating a vessel within 90 days after the
448	purchase of that vessel and has available for inspection aboard
449	that vessel a bill of sale meeting the requirements of s.
450	328.46(1).
451	(f)(e)  Is exempted by rule of the commission.
452	(7)  A person who operates a vessel in violation of
453	subsection (1) commits violates this section is guilty of a
454	noncriminal infraction, punishable as provided in s. 327.73.
455	(12)  This section may be cited as the "Osmay 'Ozzie'
456	Castellanos Boating Safety Education Act."
457	Section 10.  Effective October 1, 2009, section 327.40,
458	Florida Statutes, is amended to read:
459	327.40  Uniform waterway markers for safety and navigation;
460	informational markers.--
461	(1)  Waters of this state Waterways in Florida which need
462	marking for safety or navigation purposes shall be marked only
463	in conformity with under the United States Aids to Navigation
464	System, 33 C.F.R. part 62. Until December 31, 2003, channel
465	markers and obstruction markers conforming to the Uniform State
466	Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
467	to be used on waters of this state that are not navigable waters
468	of the United States.
469	(2)(a)  Application for marking inland lakes and state
470	waters and any navigable waters under concurrent jurisdiction of
471	the Coast Guard and the division shall be made to the division,
472	accompanied by a map locating the approximate placement of
473	markers, a list of the markers to be placed, a statement of the
474	specification of the markers, a statement of the purpose of
475	marking, and the names of persons responsible for the placement
476	and upkeep of such markers. The division will assist the
477	applicant to secure the proper permission from the Coast Guard
478	where required, make such investigations as needed, and issue a
479	permit. The division shall furnish the applicant with the
480	information concerning the system adopted and the rules existing
481	for placing and maintaining the markers. The division shall keep
482	records of all approvals given and counsel with individuals,
483	counties, municipalities, motorboat clubs, or other groups
484	desiring to mark waterways for safety and navigation purposes in
485	Florida.
486	(b)1.  No person or municipality, county, or other
487	governmental entity shall place any uniform waterway marker
488	safety or navigation markers in, on, or over the waters or
489	shores of the state without a permit from the division.
490	2.  The placement of informational markers, including, but
491	not limited to, markers indicating end of boat ramp, no
492	swimming, swimming area, lake name, trash receptacle, public
493	health notice, or underwater hazard and canal, regulatory,
494	emergency, and special event markers, by counties,
495	municipalities, or other governmental entities on inland lakes
496	and their associated canals are exempt from permitting under
497	this section. Such markers, excluding swimming area and special
498	event markers, may be no more than 50 feet from the normal
499	shoreline.
500	(c)  The commission is authorized to adopt rules pursuant
501	to chapter 120 to implement this section.
502	(3)  The placement under this section or s. 327.41 of any
503	uniform waterway marker safety or navigation marker or any
504	informational marker under subparagraph (2)(b)2. on state
505	submerged lands under this section does not subject such lands
506	to the lease requirements of chapter 253.
507	Section 11.  Effective October 1, 2009, subsection (2) of
508	section 327.41, Florida Statutes, is amended to read:
509	327.41  Uniform waterway regulatory markers.--
510	(2)  Any county or municipality which has been granted a
511	boating-restricted restricted area designation, by rule of the
512	commission pursuant to s. 327.46(1)(a), for a portion of the
513	Florida Intracoastal Waterway within its jurisdiction or which
514	has adopted a boating-restricted restricted area by ordinance
515	pursuant to s. 327.46(1)(b) or (c) s. 327.22, s. 327.60, or s.
516	379.2431(2)(p), or any other governmental entity which has
517	legally established a boating-restricted restricted area, may
518	apply to the commission for permission to place regulatory
519	markers within the boating-restricted restricted area.
520	Section 12.  Effective October 1, 2009, section 327.42,
521	Florida Statutes, is amended to read:
522	327.42  Mooring to or damaging of uniform waterway markers
523	or buoys prohibited.--
524	(1)  No person shall moor or fasten a vessel to a lawfully
525	placed uniform waterway aid-to-navigation marker or buoy,
526	regulatory marker or buoy, or area boundary marker or buoy,
527	placed or erected by any governmental agency, except in case of
528	emergency or with the written consent of the marker's owner.
529	(2)  No person shall willfully damage, alter, or move a
530	lawfully placed uniform waterway aid-to-navigation marker or
531	buoy, regulatory marker or buoy, or area boundary marker or
532	buoy.
533	Section 13.  Effective October 1, 2009, section 327.46,
534	Florida Statutes, is amended to read:
535	327.46  Boating-restricted Restricted areas.--
536	(1)  Boating-restricted The commission has the authority to
537	establish by rule, pursuant to chapter 120, restricted areas,
538	including, but not limited to, restrictions of vessel speeds and
539	vessel traffic, may be established on the waters of this the
540	state for any purpose deemed necessary to protect for the safety
541	of the public if, including, but not limited to, vessel speeds
542	and vessel traffic, where such restrictions are deemed necessary
543	based on boating accidents, visibility, hazardous currents or
544	water levels, vessel traffic congestion, or other navigational
545	hazards.
546	(a)  The commission may establish boating-restricted areas
547	by rule pursuant to chapter 120.
548	(b)  Municipalities and counties have the authority to
549	establish the following boating-restricted areas by ordinance:
550	1.  An ordinance establishing an idle speed, no wake
551	boating-restricted area, if the area is:
552	a.  Within 500 feet of any boat ramp, hoist, marine
553	railway, or other launching or landing facility available for
554	use by the general boating public on waterways more than 300
555	feet in width or within 300 feet of any boat ramp, hoist, marine
556	railway, or other launching or landing facility available for
557	use by the general boating public on waterways not exceeding 300
558	feet in width.
559	b.  Within 500 feet of fuel pumps or dispensers at any
560	marine fueling facility that sells motor fuel to the general
561	boating public on waterways more than 300 feet in width or
562	within 300 feet of the fuel pumps or dispensers at any licensed
563	terminal facility that sells motor fuel to the general boating
564	public on waterways not exceeding 300 feet in width.
565	c.  Inside or within 300 feet of any lock structure.
566	2.  An ordinance establishing a slow speed, minimum wake
567	boating-restricted area if the area is:
568	a.  Within 300 feet of any bridge fender system.
569	b.  Within 300 feet of any bridge span presenting a
570	vertical clearance of less than 25 feet or a horizontal
571	clearance of less than 100 feet.
572	c.  On a creek, stream, canal, or similar linear waterway
573	if the waterway is less than 75 feet in width from shoreline to
574	shoreline.
575	d.  On a lake or pond of less than 10 acres in total
576	surface area.
577	3.  An ordinance establishing a vessel-exclusion zone if
578	the area is:
579	a.  Designated as a public bathing beach or swim area.
580	b.  Reserved exclusively as a canoe trail or otherwise
581	limited to vessels under oars.
582	c.  Within 300 feet of a dam, spillway, or flood control
583	structure.
584	(c)  Municipalities and counties have the authority to
585	establish by ordinance the following other boating-restricted
586	areas:
587	1.  An ordinance establishing an idle speed, no wake
588	boating-restricted area, if the area is within 300 feet of a
589	confluence of water bodies presenting a blind corner, a bend in
590	a narrow channel or fairway, or such other area if an
591	intervening obstruction to visibility may obscure other vessels
592	or other users of the waterway.
593	2.  An ordinance establishing a slow speed, minimum wake,
594	or numerical speed limit boating-restricted area if the area is:
595	a.  Within 300 feet of a confluence of water bodies
596	presenting a blind corner, a bend in a narrow channel or
597	fairway, or such other area if an intervening obstruction to
598	visibility may obscure other vessels or other users of the
599	waterway.
600	b.  Subject to unsafe levels of vessel traffic congestion.
601	c.  Subject to hazardous water levels or currents, or
602	containing other navigational hazards.
603	d.  An area that accident reports, uniform boating
604	citations, vessel traffic studies, or other creditable data
605	demonstrate to present a significant risk of collision or a
606	significant threat to boating safety.
607	3.  An ordinance establishing a vessel-exclusion zone if
608	the area is reserved exclusively:
609	a.  As a canoe trail or otherwise limited to vessels under
610	oars or under sail.
611	b.  For a particular activity and user group separation
612	must be imposed to protect the safety of those participating in
613	such activity.
614
615	Any of the ordinances adopted pursuant to this paragraph shall
616	not take effect until the commission has reviewed the ordinance
617	and determined by substantial competent evidence that the
618	ordinance is necessary to protect public safety pursuant to this
619	paragraph. Any application for approval of an ordinance shall be
620	reviewed and acted upon within 90 days after receipt of a
621	completed application. Within 30 days after a municipality or
622	county submits an application for approval to the commission,
623	the commission shall advise the municipality or county as to
624	what information, if any, is needed to deem the application
625	complete. An application shall be considered complete upon
626	receipt of all requested information and correction of any error
627	or omission for which the applicant was timely notified or when
628	the time for such notification has expired. The commission's
629	action on the application shall be subject to review under
630	chapter 120. The commission shall initiate rulemaking no later
631	than January 1, 2010, to provide criteria and procedures for
632	reviewing applications and procedures for providing for public
633	notice and participation pursuant to this paragraph.
634	(2)  Each such boating-restricted restricted area shall be
635	developed in consultation and coordination with the governing
636	body of the county or municipality in which the boating-
637	restricted restricted area is located and, when the boating-
638	restricted area is to be on the navigable waters of the United
639	States where required, with the United States Coast Guard and
640	the United States Army Corps of Engineers.
641	(3)(2)  It is unlawful for any person to operate a vessel
642	in a prohibited manner or to carry on any prohibited activity,
643	as defined in this chapter, deemed a safety hazard or
644	interference with navigation as provided above within a boating-
645	restricted restricted water area which has been clearly marked
646	by regulatory markers as authorized under this chapter.
647	(4)(3)  Restrictions in a boating-restricted area
648	established pursuant to this section shall not apply in the case
649	of an emergency or to a law enforcement, firefighting, or rescue
650	vessel owned or operated by a governmental entity.
651	Section 14.  Effective October 1, 2009, section 327.60,
652	Florida Statutes, is amended to read:
653	327.60  Local regulations; limitations.--
654	(1)  The provisions of this chapter and chapter 328 ss.
655	327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
656	327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
657	govern the operation, equipment, and all other matters relating
658	thereto whenever any vessel shall be operated upon the waters of
659	this state waterways or when any activity regulated hereby shall
660	take place thereon.
661	(2)  Nothing in this chapter or chapter 328 these sections
662	shall be construed to prevent the adoption of any ordinance or
663	local regulation law relating to operation and equipment of
664	vessels, except that a county or municipality shall not enact,
665	continue in effect, or enforce any ordinance or local
666	regulation:
667	(a)  Establishing a vessel or associated equipment
668	performance or other safety standard, imposing a requirement for
669	associated equipment, or regulating the carrying or use of
670	marine safety articles;
671	(b)  Relating to the design, manufacture, installation, or
672	use of any marine sanitation device on any vessel;
673	(c)  Regulating any vessel upon the Florida Intracoastal
674	Waterway;
675	(d)  Discriminating against personal watercraft;
676	(e)  Discriminating against airboats, for ordinances
677	adopted after July 1, 2006, unless adopted by a two-thirds vote
678	of the governing body enacting such ordinance;
679	(f)  Regulating the anchoring of vessels other than live-
680	aboard vessels outside the marked boundaries of mooring fields
681	permitted as provided in s. 327.40;
682	(g)  Regulating engine or exhaust noise, except as provided
683	in s. 327.65; or
684	(h)  That conflicts with any provisions of this chapter or
685	any amendments thereto or rules adopted thereunder. no such
686	ordinance or local law may apply to the Florida Intracoastal
687	Waterway and except that such ordinances or local laws shall be
688	operative only when they are not in conflict with this chapter
689	or any amendments thereto or regulations thereunder. Any
690	ordinance or local law which has been adopted pursuant to this
691	section or to any other state law may not discriminate against
692	personal watercraft as defined in s. 327.02. Effective July 1,
693	2006, any ordinance or local law adopted pursuant to this
694	section or any other state law may not discriminate against
695	airboats except by a two-thirds vote of the governing body
696	enacting such ordinance.
697	(3)(2)  Nothing contained in the provisions of this section
698	shall be construed to prohibit local governmental authorities
699	from the enactment or enforcement of regulations which prohibit
700	or restrict the mooring or anchoring of floating structures or
701	live-aboard vessels within their jurisdictions or of any vessels
702	within the marked boundaries of mooring fields permitted as
703	provided in s. 327.40. However, local governmental authorities
704	are prohibited from regulating the anchoring outside of such
705	mooring fields of vessels other than live-aboard vessels as
706	defined in s. 327.02 non-live-aboard vessels in navigation.
707	Section 15.  Paragraph (a) of subsection (2) of section
708	327.65, Florida Statutes, is amended to read:
709	327.65  Muffling devices.--
710	(2)(a)  Any county wishing to impose additional noise
711	pollution and exhaust regulations on vessels may, pursuant to s.
712	327.60(2)(1), adopt by county ordinance the following
713	regulations:
714	1.  No person shall operate or give permission for the
715	operation of any vessel on the waters of any county or on a
716	specified portion of the waters of any county, including the
717	Florida Intracoastal Waterway, which has adopted the provisions
718	of this section in such a manner as to exceed the following
719	sound levels at a distance of 50 feet from the vessel: for all
720	vessels, a maximum sound level of 90 dB A.
721	2.  Any person who refuses to submit to a sound level test
722	when requested to do so by a law enforcement officer is guilty
723	of a misdemeanor of the second degree, punishable as provided in
724	s. 775.082 or s. 775.083.
725	Section 16.  Section 327.66, Florida Statutes, is created
726	to read:
727	327.66  Carriage of gasoline on vessels.--
728	(1)(a)  A person shall not:
729	1.  Possess or operate any vessel that has been equipped
730	with tanks, bladders, drums, or other containers designed or
731	intended to hold gasoline, or install or maintain such
732	containers in a vessel, if such containers do not conform to
733	federal regulations or have not been approved by the United
734	States Coast Guard by inspection or special permit.
735	2.  Transport any gasoline in an approved portable
736	container when the container is in a compartment that is not
737	ventilated in strict compliance with United States Coast Guard
738	regulations pertaining to ventilation of compartments containing
739	gasoline tanks.
740	(b)  A person who violates paragraph (a) commits a
741	misdemeanor of the second degree, punishable as provided in s.
742	775.082 or s. 775.083.
743	(2)(a)  Gasoline possessed or transported in violation of
744	this section and all containers holding such gasoline are
745	declared to be a public nuisance. A law enforcement agency
746	discovering gasoline possessed or transported in violation of
747	paragraph (1)(a) shall abate the nuisance by removing the
748	gasoline and containers from the vessel and from the waters of
749	this state. A law enforcement agency that removes gasoline or
750	containers pursuant to this subsection may elect to:
751	1.  Retain the property for the agency's own use;
752	2.  Transfer the property to another unit of state or local
753	government;
754	3.  Donate the property to a charitable organization; or
755	4.  Sell the property at public sale pursuant to s.
756	705.103.
757	(b)  A law enforcement agency that seizes gasoline or
758	containers pursuant to this subsection shall remove and reclaim,
759	recycle, or otherwise dispose of the gasoline as soon as
760	practicable in a safe and proper manner.
761	(3)  All conveyances, vessels, vehicles, and other
762	equipment described in paragraph (1)(a) or used in the
763	commission of a violation of paragraph (1)(a), other than
764	gasoline or containers removed as provided in subsection (2),
765	are declared to be contraband.
766	(a)  Upon conviction of a person arrested for a violation
767	of paragraph (1)(a), the judge shall issue an order adjudging
768	and ordering that all conveyances, vessels, vehicles, and other
769	equipment used in the violation shall be forfeited to the
770	arresting agency. The requirement for a conviction before
771	forfeiture of property establishes to the exclusion of any
772	reasonable doubt that the property was used in connection with
773	the violation resulting in the conviction, and the procedures of
774	chapter 932 do not apply to any forfeiture of property under
775	this subsection following a conviction.
776	(b)  In the absence of an arrest or conviction, any such
777	conveyance, vessel, vehicle, or other equipment used in
778	violation of paragraph (1)(a) shall be subject to seizure and
779	forfeiture as provided by the Florida Contraband Forfeiture Act.
780	(c)  As used in this subsection, the term "conviction"
781	means a finding of guilt or the acceptance of a plea of guilty
782	or nolo contendere, regardless of whether adjudication is
783	withheld or whether imposition of sentence is withheld,
784	deferred, or suspended.
785	(4)  All costs incurred by the law enforcement agency in
786	the removal of any gasoline, gasoline container, other
787	equipment, or vessel as provided in this section shall be
788	recoverable against the owner thereof. Any person who neglects
789	or refuses to pay such amount shall not be issued a certificate
790	of registration for such vessel or for any other vessel or motor
791	vehicle until the costs have been paid.
792	(5)  Foreign flagged vessels entering United States waters
793	and waters of this state in compliance with 19 U.S.C. s. 1433
794	are exempt from this section.
795	Section 17.  Effective October 1, 2009, section 327.70,
796	Florida Statutes, is amended to read:
797	327.70  Enforcement of this chapter and chapter 328.--
798	(1)  This chapter and chapter 328 shall be enforced by the
799	Division of Law Enforcement of the Fish and Wildlife
800	Conservation Commission and its officers, the sheriffs of the
801	various counties and their deputies, municipal police officers,
802	and any other authorized law enforcement officer as defined in
803	s. 943.10, all of whom may order the removal of vessels deemed
804	to be an interference or a hazard to public safety, enforce the
805	provisions of this chapter and chapter 328, or cause any
806	inspections to be made of all vessels in accordance with this
807	chapter and chapter 328.
808	(2)(a)  Noncriminal violations of the following statutes
809	may be enforced by a uniform boating citation mailed to the
810	registered owner of an unattended vessel anchored, aground, or
811	moored on the waters of this state:
812	1.  Section 327.33(3)(b), relating to navigation rules.
813	2.  Section 327.44, relating to interference with
814	navigation.
815	3.  Section 327.50(2), relating to required lights and
816	shapes.
817	4.  Section 327.53, relating to marine sanitation.
818	5.  Section 328.48(5), relating to display of decal.
819	6.  Section 328.52(2), relating to display of number.
820	(b)  Citations issued to livery vessels under this
821	subsection shall be the responsibility of the lessee of the
822	vessel if the livery has included a warning of this
823	responsibility as a part of the rental agreement and has
824	provided to the agency issuing the citation the name, address,
825	and date of birth of the lessee when requested by that agency.
826	The livery is not responsible for the payment of citations if
827	the livery provides the required warning and lessee information.
828	(3)(2)  Such officers shall have the power and duty to
829	issue such orders and to make such investigations, reports, and
830	arrests in connection with any violation of the provisions of
831	this chapter and chapter 328 as are necessary to effectuate the
832	intent and purpose of this chapter and chapter 328.
833	(4)(3)  The Fish and Wildlife Conservation Commission or
834	any other law enforcement agency may make any investigation
835	necessary to secure information required to carry out and
836	enforce the provisions of this chapter and chapter 328.
837	Section 18.  Effective October 1, 2009, paragraph (k) of
838	subsection (1) of section 327.73, Florida Statutes, is amended,
839	and paragraph (x) is added to that subsection, to read:
840	327.73  Noncriminal infractions.--
841	(1)  Violations of the following provisions of the vessel
842	laws of this state are noncriminal infractions:
843	(k)  Violations relating to boating-restricted restricted
844	areas and speed limits:
845	1.  Established by the commission or by local governmental
846	authorities pursuant to s. 327.46.
847	2.  Established by local governmental authorities pursuant
848	to s. 327.22 or s. 327.60.
849	2.3.  Speed limits established pursuant to s. 379.2431(2).
850	(x)  Section 253.04(4)(a), relating to carelessly causing
851	seagrass scarring, for which the civil penalty upon conviction
852	is:
853	1.  For a first offense, $50.
854	2.  For a second offense occurring within 12 months after a
855	prior conviction, $250.
856	3.  For a third offense occurring within 36 months after a
857	prior conviction, $500.
858	4.  For a fourth or subsequent offense occurring within 72
859	months after a prior conviction, $1,000.
860
861	Any person cited for a violation of any such provision shall be
862	deemed to be charged with a noncriminal infraction, shall be
863	cited for such an infraction, and shall be cited to appear
864	before the county court. The civil penalty for any such
865	infraction is $50, except as otherwise provided in this section.
866	Any person who fails to appear or otherwise properly respond to
867	a uniform boating citation shall, in addition to the charge
868	relating to the violation of the boating laws of this state, be
869	charged with the offense of failing to respond to such citation
870	and, upon conviction, be guilty of a misdemeanor of the second
871	degree, punishable as provided in s. 775.082 or s. 775.083. A
872	written warning to this effect shall be provided at the time
873	such uniform boating citation is issued.
874	Section 19.  Subsection (1) of section 327.731, Florida
875	Statutes, is amended to read:
876	327.731  Mandatory education for violators.--
877	(1)  Every person convicted of a criminal violation of this
878	chapter, every person convicted of a noncriminal infraction
879	under this chapter if the infraction resulted in a reportable
880	boating accident, and every person convicted of two noncriminal
881	infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
882	and (s)-(x)(s)-(w), said infractions occurring within a 12-month
883	period, must:
884	(a)  Enroll in, attend, and successfully complete, at his
885	or her own expense, a boating safety course that meets minimum
886	standards established by the commission by rule; however, the
887	commission may provide by rule pursuant to chapter 120 for
888	waivers of the attendance requirement for violators residing in
889	areas where classroom presentation of the course is not
890	available;
891	(b)  File with the commission within 90 days proof of
892	successful completion of the course;
893	(c)  Refrain from operating a vessel until he or she has
894	filed the proof of successful completion of the course with the
895	commission.
896
897	Any person who has successfully completed an approved boating
898	course shall be exempt from these provisions upon showing proof
899	to the commission as specified in paragraph (b).
900	Section 20.  Effective October 1, 2009, subsections (1) and
901	(2) of section 328.03, Florida Statutes, are amended to read:
902	328.03  Certificate of title required.--
903	(1)  Each vessel that is operated, used, or stored on the
904	waters of this state must be titled by this state pursuant to
905	this chapter, unless it is:
906	(a)  A vessel operated, used, or stored exclusively on
907	private lakes and ponds;.
908	(b)  A vessel owned by the United States Government;.
909	(c)  A non-motor-powered vessel less than 16 feet in
910	length;.
911	(d)  A federally documented vessel;.
912	(e)  A vessel already covered by a registration number in
913	full force and effect which was awarded to it pursuant to a
914	federally approved numbering system of another state or by the
915	United States Coast Guard in a state without a federally
916	approved numbering system, if the vessel is not located in this
917	state for a period in excess of 90 consecutive days;.
918	(f)  A vessel from a country other than the United States
919	temporarily used, operated, or stored on using the waters of
920	this state for a period that is not in excess of 90 days;.
921	(g)  An amphibious vessel for which a vehicle title is
922	issued by the Department of Highway Safety and Motor Vehicles;.
923	(h)  A vessel used solely for demonstration, testing, or
924	sales promotional purposes by the manufacturer or dealer; or.
925	(i)  A vessel owned and operated by the state or a
926	political subdivision thereof.
927	(2)  A person shall not operate, use, or store a vessel for
928	which a certificate of title is required unless the owner has
929	received from the Department of Highway Safety and Motor
930	Vehicles a valid certificate of title for such vessel. However,
931	such vessel may be operated, used, or stored for a period of up
932	to 180 days after from the date of application for a certificate
933	of title while the application is pending.
934	Section 21.  Effective October 1, 2009, subsections (1) and
935	(2) of section 328.07, Florida Statutes, are amended to read:
936	328.07  Hull identification number required.--
937	(1)  No person shall operate, use, or store on the waters
938	of this state a vessel the construction of which began after
939	October 31, 1972, for which the department has issued a
940	certificate of title or which is required by law to be
941	registered, unless the vessel displays the assigned hull
942	identification number affixed by the manufacturer as required by
943	the United States Coast Guard or by the department for a
944	homemade vessel or other vessel for which a hull identification
945	number is not required by the United States Coast Guard. The
946	hull identification number must be carved, burned, stamped,
947	embossed, or otherwise permanently affixed to the outboard side
948	of the transom or, if there is no transom, to the outermost
949	starboard side at the end of the hull that bears the rudder or
950	other steering mechanism, above the waterline of the vessel in
951	such a way that alteration, removal, or replacement would be
952	obvious and evident. The characters of the hull identification
953	number must be no less than 12 in number and no less than one-
954	fourth inch in height.
955	(2)  No person shall operate, use, or store on the waters
956	of this state a vessel the construction of which was completed
957	before November 1, 1972, for which the department has issued a
958	certificate of title or which is required by law to be
959	registered, unless the vessel displays a hull identification
960	number. The hull identification number shall be clearly
961	imprinted in the transom or on the hull by stamping, impressing,
962	or marking with pressure. In lieu of imprinting, the hull
963	identification number may be displayed on a plate in a permanent
964	manner. A vessel for which the manufacturer has provided no hull
965	identification number or a homemade vessel shall be assigned a
966	hull identification number by the department which shall be
967	affixed to the vessel pursuant to this section.
968	Section 22.  Effective October 1, 2009, section 328.46,
969	Florida Statutes, is amended to read:
970	328.46  Operation of registered vessels.--
971	(1)  Every vessel that is required to be registered and
972	that is being operated, used, or stored on using the waters of
973	this state shall be registered and numbered within 30 days after
974	purchase by the owner except as specifically exempt. During this
975	30-day period, the operator is required to have aboard the
976	vessel and available for inspection a bill of sale. The bill of
977	sale for the vessel shall serve as the temporary certificate of
978	number that is required by federal law and must contain the
979	following information:
980	(a)  Make of the vessel.
981	(b)  Length of the vessel.
982	(c)  Type of propulsion.
983	(d)  Hull identification number.
984	(e)  A statement declaring Florida to be the state where
985	the vessel is principally used.
986	(f)  Name of the purchaser.
987	(g)  Address of the purchaser, including ZIP code.
988	(h)  Signature of the purchaser.
989	(i)  Name of the seller.
990	(j)  Signature of the seller.
991	(k)  Date of the sale of the vessel. The date of sale shall
992	also serve as the date of issuance of the temporary certificate
993	of number.
994	(l)  Notice to the purchaser and operator that the
995	temporary authority to use the vessel on the waters of this
996	state is invalid after 30 days following the date of sale of the
997	vessel.
998	(2)  No person shall operate, use, or store or give
999	permission for the operation, use, or storage of any such vessel
1000	on such waters unless:
1001	(a)  Such vessel is registered within 30 days after
1002	purchase by the owner and numbered with the identifying number
1003	set forth in the certificate of registration, displayed:
1004	1.  In accordance with s. 328.48(4), except, if the vessel
1005	is an airboat, the registration number may be displayed on each
1006	side of the rudder; or
1007	2.  In accordance with 33 C.F.R. s. 173.27, or with a
1008	federally approved numbering system of another state; and
1009	(b)  The certificate of registration or temporary
1010	certificate of number awarded to such vessel is in full force
1011	and effect.
1012	Section 23.  Effective October 1, 2009, subsection (2) of
1013	section 328.48, Florida Statutes, is amended to read:
1014	328.48  Vessel registration, application, certificate,
1015	number, decal, duplicate certificate.--
1016	(2)  Each vessel operated, All vessels used, or stored on
1017	the waters of this the state must be registered as a, either
1018	commercial vessel or recreational vessel as defined in s. 327.02
1019	this chapter, unless it is except as follows:
1020	(a)  A vessel operated, used, and stored exclusively on
1021	private lakes and ponds;.
1022	(b)  A vessel owned by the United States Government;.
1023	(c)  A vessel used exclusively as a ship's lifeboat; or.
1024	(d)  A non-motor-powered vessel less than 16 feet in
1025	length, or a and any non-motor-powered canoe, kayak, racing
1026	shell, or rowing scull, regardless of length.
1027	Section 24.  Effective October 1, 2009, section 328.56,
1028	Florida Statutes, is amended to read:
1029	328.56  Vessel registration number.--Each vessel that is
1030	operated, used, or stored on the waters of this the state must
1031	display a commercial or recreational Florida registration
1032	number, unless it is:
1033	(1)  A vessel operated, used, and stored exclusively on
1034	private lakes and ponds;.
1035	(2)  A vessel owned by the United States Government;.
1036	(3)  A vessel used exclusively as a ship's lifeboat;.
1037	(4)  A non-motor-powered vessel less than 16 feet in
1038	length, or a and any non-motor-powered canoe, kayak, racing
1039	shell, or rowing scull, regardless of length;.
1040	(5)  A federally documented vessel;.
1041	(6)  A vessel already covered by a registration number in
1042	full force and effect which has been awarded to it pursuant to a
1043	federally approved numbering system of another state or by the
1044	United States Coast Guard in a state without a federally
1045	approved numbering system, if the vessel has not been within
1046	this state for a period in excess of 90 consecutive days;.
1047	(7)  A vessel operating under a valid temporary certificate
1048	of number;.
1049	(8)  A vessel from a country other than the United States
1050	temporarily using the waters of this state; or.
1051	(9)  An undocumented vessel used exclusively for racing.
1052	Section 25.  Effective October 1, 2009, section 328.58,
1053	Florida Statutes, is amended to read:
1054	328.58  Reciprocity of nonresident or alien vessels.--The
1055	owner of any vessel already covered by a registration number in
1056	full force and effect which has been awarded by:
1057	(1)  By Another state pursuant to a federally approved
1058	numbering system of another state;
1059	(2)  By The United States Coast Guard in a state without a
1060	federally approved numbering system; or
1061	(3)  By The United States Coast Guard for a federally
1062	documented vessel with a valid registration in full force and
1063	effect from another state,
1064
1065	shall record the number with the Department of Highway Safety
1066	and Motor Vehicles prior to operating, using, or storing the
1067	vessel on the waters of this state in excess of the 90-day
1068	reciprocity period provided for in this chapter. Such
1069	recordation shall be pursuant to the procedure required for the
1070	award of an original registration number, except that no
1071	additional or substitute registration number shall be issued if
1072	the vessel owner maintains the previously awarded registration
1073	number in full force and effect.
1074	Section 26.  Effective October 1, 2009, section 328.60,
1075	Florida Statutes, is amended to read:
1076	328.60  Military personnel; registration; penalties.--Any
1077	military personnel on active duty in this state operating,
1078	using, or storing a vessel on the waters of this state that has
1079	a registration number in full force and effect which has been
1080	awarded to it pursuant to a federally approved numbering system
1081	of another state or by the United States Coast Guard in a state
1082	without a federally approved numbering system, or a federally
1083	documented vessel with a valid registration in full force and
1084	effect from another state shall not be required to register his
1085	or her vessel in this state while such certificate of
1086	registration remains valid; but, at the expiration of such
1087	registration certificate, all registration and titling shall be
1088	issued by this state. In the case of a federally documented
1089	vessel, the issuance of a title is not required by this chapter.
1090	Section 27.  Effective October 1, 2009, section 328.65,
1091	Florida Statutes, is amended to read:
1092	328.65  Legislative intent with respect to registration and
1093	numbering of vessels.--It is the legislative intent that vessels
1094	be registered and numbered uniformly throughout the state. The
1095	purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
1096	328.72 is to make registration and numbering procedures similar
1097	to those of automobiles and airplanes and to provide for a
1098	vessel registration fee and certificate so as to determine the
1099	ownership of vessels which are operated, used, or stored operate
1100	on the waters of this state and to aid in the advancement of
1101	maritime safety.
1102	Section 28.  Effective October 1, 2009, subsection (1) of
1103	section 328.66, Florida Statutes, is amended to read:
1104	328.66  County and municipality optional registration
1105	fee.--
1106	(1)  Any county may impose an annual registration fee on
1107	vessels registered, operated, used, or stored on the waters of
1108	this state in the water within its jurisdiction. This fee shall
1109	be 50 percent of the applicable state registration fee. However,
1110	the first $1 of every registration imposed under this subsection
1111	shall be remitted to the state for deposit in the Save the
1112	Manatee Trust Fund created within the Fish and Wildlife
1113	Conservation Commission, and shall be used only for the purposes
1114	specified in s. 379.2431(4). All other moneys received from such
1115	fee shall be expended for the patrol, regulation, and
1116	maintenance of the lakes, rivers, and waters and for other
1117	boating-related activities of such municipality or county. A
1118	municipality that was imposing a registration fee before April
1119	1, 1984, may continue to levy such fee, notwithstanding the
1120	provisions of this section.
1121	Section 29.  Effective October 1, 2009, subsection (13) of
1122	section 328.72, Florida Statutes, is amended to read:
1123	328.72  Classification; registration; fees and charges;
1124	surcharge; disposition of fees; fines; marine turtle stickers.--
1125	(13)  EXPIRED REGISTRATION.--The operation, use, or storage
1126	on the waters of this state of a previously registered vessel
1127	after the expiration of the registration period is a noncriminal
1128	violation, as defined in s. 327.73. This subsection does not
1129	apply to vessels lawfully stored at a dock or in a marina.
1130	Section 30.  Subsections (13) and (14) are added to section
1131	369.20, Florida Statutes, to read:
1132	369.20  Florida Aquatic Weed Control Act.--
1133	(13)  The commission has the power to enforce this section
1134	in the same manner and to the same extent as provided in ss.
1135	379.501-379.504.
1136	(14)  Activities that are exempt from permitting pursuant
1137	to s. 403.813(1)(r) are granted a mixing zone for turbidity for
1138	a distance not to exceed 150 meters downstream in flowing
1139	streams or 150 meters in radius in other water bodies as
1140	measured from the cutterhead, return flow discharge, or other
1141	points of generation of turbidity.
1142	Section 31.  Subsections (13) and (14) are added to section
1143	369.22, Florida Statutes, to read:
1144	369.22  Aquatic plant management.--
1145	(13)  The commission has the power to enforce this section
1146	in the same manner and to the same extent as provided in ss.
1147	379.501-379.504.
1148	(14)  Activities that are exempt from permitting pursuant
1149	to s. 403.813(1)(r) are granted a mixing zone for turbidity for
1150	a distance not to exceed 150 meters downstream in flowing
1151	streams or 150 meters in radius in other water bodies as
1152	measured from the cutterhead, return flow discharge, or other
1153	points of generation of turbidity.
1154	Section 32.  Paragraph (j) of subsection (3) of section
1155	369.25, Florida Statutes, is amended to read:
1156	369.25  Aquatic plants; definitions; permits; powers of
1157	department; penalties.--
1158	(3)  The department has the following powers:
1159	(j)  To enforce this section and s. 369.251 this chapter in
1160	the same manner and to the same extent as provided in s.
1161	581.211.
1162	Section 33.  Subsections (1) and (5) of section 379.304,
1163	Florida Statutes, are amended to read:
1164	379.304  Exhibition or sale of wildlife.--
1165	(1)  Permits issued pursuant to s. 379.3761 this section
1166	and places where wildlife is kept or held in captivity shall be
1167	subject to inspection by officers of the commission at all
1168	times. The commission shall have the power to release or
1169	confiscate any specimens of any wildlife, specifically birds,
1170	mammals, amphibians, or reptiles, whether indigenous to the
1171	state or not, when it is found that conditions under which they
1172	are being confined are unsanitary, or unsafe to the public in
1173	any manner, or that the species of wildlife are being
1174	maltreated, mistreated, or neglected or kept in any manner
1175	contrary to the provisions of chapter 828, any such permit to
1176	the contrary notwithstanding. Before any such wildlife is
1177	confiscated or released under the authority of this section, the
1178	owner thereof shall have been advised in writing of the
1179	existence of such unsatisfactory conditions; the owner shall
1180	have been given 30 days in which to correct such conditions; the
1181	owner shall have failed to correct such conditions; the owner
1182	shall have had an opportunity for a proceeding pursuant to
1183	chapter 120; and the commission shall have ordered such
1184	confiscation or release after careful consideration of all
1185	evidence in the particular case in question. The final order of
1186	the commission shall constitute final agency action.
1187	(5)  A violation of this section is punishable as provided
1188	by s. 379.4015 379.401.
1189	Section 34.  Section 379.338, Florida Statutes, is amended
1190	to read:
1191	379.338  Confiscation and disposition of illegally taken
1192	wildlife, freshwater fish, and saltwater fish game.--
1193	(1)  All wildlife, game and freshwater fish, and saltwater
1194	fish seized under the authority of this chapter, any other
1195	chapter, or rules of the commission shall, upon conviction of
1196	the offender or sooner in accordance with a court order if the
1197	court so orders, be forfeited to the investigating law
1198	enforcement agency. The law enforcement agency may elect to
1199	retain the wildlife, freshwater fish, or saltwater fish for the
1200	agency's official use; transfer it to another unit of state or
1201	local government for official use; donate it to a charitable
1202	organization; sell it at a public sale pursuant to s. 705.103;
1203	or destroy the wildlife, freshwater fish, or saltwater fish if
1204	none of the other options is practicable or if the wildlife,
1205	freshwater fish, or saltwater fish is unwholesome or otherwise
1206	not of appreciable value. All illegally possessed live wildlife,
1207	freshwater fish, and saltwater fish that are properly documented
1208	as evidence as provided in s. 379.3381 may be returned to the
1209	habitat unharmed. Any unclaimed wildlife, freshwater fish, or
1210	saltwater fish shall be retained by the investigating law
1211	enforcement agency and disposed of in accordance with this
1212	subsection and given to some hospital or charitable institution
1213	and receipt therefor sent to the Fish and Wildlife Conservation
1214	Commission.
1215	(2)  All furs or hides or fur-bearing animals seized under
1216	the authority of this chapter shall, upon conviction of the
1217	offender, be forfeited and sent to the commission, which shall
1218	sell the same and deposit the proceeds of such sale to the
1219	credit of the State Game Trust Fund. If any such hides or furs
1220	are seized and the offender is unknown, the court shall order
1221	such hides or furs sent to the Fish and Wildlife Conservation
1222	commission, which shall sell such hides and furs.
1223	(3)  Except as otherwise provided by law, and deposit the
1224	proceeds of any such sale under this section shall be deposited
1225	in to the credit of the State Game Trust Fund or the Marine
1226	Resources Conservation Trust Fund.
1227	(4)  Any state, county, or municipal law enforcement agency
1228	that enforces or assists the commission in enforcing this
1229	chapter, which enforcement results in a forfeiture of property
1230	as provided in this section, is entitled to receive all or a
1231	share of any property based upon its participation in the
1232	enforcement.
1233	Section 35.  Section 379.3381, Florida Statutes, is created
1234	to read:
1235	379.3381  Photographic evidence of illegally taken
1236	wildlife, freshwater fish, and saltwater fish.--In any
1237	prosecution for a violation of this chapter, any other chapter,
1238	or rules of the commission, a photograph of illegally taken
1239	wildlife, freshwater fish, or saltwater fish may be deemed
1240	competent evidence of such property and may be admissible in the
1241	prosecution to the same extent as if such wildlife, freshwater
1242	fish, or saltwater fish were introduced as evidence. Such
1243	photograph shall bear a written description of the wildlife,
1244	freshwater fish, or saltwater fish alleged to have been
1245	illegally taken, the name of the violator, the location where
1246	the alleged illegal taking occurred, the name of the
1247	investigating law enforcement officer, the date the photograph
1248	was taken, and the name of the photographer. Such writing shall
1249	be made under oath by the investigating law enforcement officer,
1250	and the photograph shall be identified by the signature of the
1251	photographer.
1252	Section 36.  Effective August 1, 2009, paragraphs (n)
1253	through (q) of subsection (2) of section 379.353, Florida
1254	Statutes, are redesignated as paragraphs (m) through (p),
1255	respectively, and paragraphs (h) and (m) of that subsection are
1256	amended to read:
1257	379.353  Recreational licenses and permits; exemptions from
1258	fees and requirements.--
1259	(2)  A hunting, freshwater fishing, or saltwater fishing
1260	license or permit is not required for:
1261	(h)  Any resident saltwater fishing from land or from a
1262	structure fixed to the land who has been determined eligible for
1263	the food stamp, temporary cash assistance, or Medicaid programs
1264	by the Department of Children and Family Services. A benefit
1265	issuance or program identification card issued by the Department
1266	of Children and Family Services or the Agency for Health Care
1267	Administration shall serve as proof of program eligibility. The
1268	individual must have the benefit issuance or program
1269	identification card and positive proof of identification in her
1270	or his possession when fishing.
1271	(m)  Any resident fishing for a saltwater species in fresh
1272	water from land or from a structure fixed to land.
1273	Section 37.  Effective July 1, 2010, paragraphs (h), (i),
1274	and (j) of subsection (4) and subsections (8), (11), and (12) of
1275	section 379.354, Florida Statutes, are amended, and effective
1276	July 15, 2009, paragraph (k) is added to subsection (4) of that
1277	section, to read:
1278	379.354  Recreational licenses, permits, and authorization
1279	numbers; fees established.--
1280	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
1281	and fees for residents participating in hunting and fishing
1282	activities in this state are as follows:
1283	(h)  Annual sportsman's license, $79, except that an annual
1284	sportsman's license for a resident 64 years of age or older is
1285	$12. A sportsman's license authorizes the person to whom it is
1286	issued to take game and freshwater fish, subject to the state
1287	and federal laws, rules, and regulations, including rules of the
1288	commission, in effect at the time of the taking. Other
1289	authorized activities include activities authorized by a
1290	management area permit, a muzzle-loading gun season permit, a
1291	crossbow season permit, a turkey permit, a Florida waterfowl
1292	permit, a deer permit, and an archery season permit.
1293	(i)  Annual gold sportsman's license, $98.50. The gold
1294	sportsman's license authorizes the person to whom it is issued
1295	to take freshwater fish, saltwater fish, and game, subject to
1296	the state and federal laws, rules, and regulations, including
1297	rules of the commission, in effect at the time of taking. Other
1298	authorized activities include activities authorized by a
1299	management area permit, a muzzle-loading gun season permit, a
1300	crossbow season permit, a turkey permit, a Florida waterfowl
1301	permit, a deer permit, an archery season permit, a snook permit,
1302	and a spiny lobster permit.
1303	(j)  Annual military gold sportsman's license, $18.50. The
1304	gold sportsman's license authorizes the person to whom it is
1305	issued to take freshwater fish, saltwater fish, and game,
1306	subject to the state and federal laws, rules, and regulations,
1307	including rules of the commission, in effect at the time of
1308	taking. Other authorized activities include activities
1309	authorized by a management area permit, a muzzle-loading gun
1310	season permit, a crossbow season permit, a turkey permit, a
1311	Florida waterfowl permit, a deer permit, an archery season
1312	permit, a snook permit, and a spiny lobster permit. Any resident
1313	who is an active or retired member of the United States Armed
1314	Forces, the United States Armed Forces Reserve, the National
1315	Guard, the United States Coast Guard, or the United States Coast
1316	Guard Reserve is eligible to purchase the military gold
1317	sportsman's license upon submission of a current military
1318	identification card.
1319	(k)  Annual resident shoreline fishing license, $7.50. The
1320	annual resident shoreline fishing license allows any resident to
1321	saltwater fish from land or from a structure fixed to the land.
1322	This license is not required for any resident issued any other
1323	license identified in this section that allows the take of
1324	saltwater fish.
1325	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
1326	PERMITS.--In order to ensure that the cultural heritage of
1327	hunting and sport fishing as recognized in s. 379.104 is passed
1328	on to future Floridians, the commission shall use up to 10
1329	percent of the proceeds from the hunting and sport fishing
1330	permits issued pursuant to this subsection to promote hunting
1331	and sport fishing activities with an emphasis on youth
1332	participation. In addition to any license required under this
1333	chapter, the following permits and fees for specified hunting,
1334	fishing, and other recreational uses and activities are
1335	required:
1336	(a)  An annual Florida waterfowl permit for a resident or
1337	nonresident to take wild ducks or geese within the state or its
1338	coastal waters is $5 $3. Revenue generated from the sale of
1339	waterfowl permits or that pro rata portion of any license that
1340	includes waterfowl hunting privileges provided for in this
1341	paragraph shall be used for conservation, research, and
1342	management of waterfowl; for the development, restoration,
1343	maintenance, and preservation of wetlands within the state; or
1344	to promote the cultural heritage of hunting.
1345	(b)1.  An annual Florida turkey permit for a resident to
1346	take wild turkeys within the state is $10 $5. Revenue generated
1347	from the sale of resident wild turkey permits or that pro rata
1348	portion of any license that includes turkey hunting privileges
1349	provided for in this subparagraph shall be used for the
1350	conservation, research, and management of wild turkeys or to
1351	promote the cultural heritage of hunting.
1352	2.  An annual Florida turkey permit for a nonresident to
1353	take wild turkeys within the state is $125 $100. Revenue
1354	generated from the sale of nonresident wild turkey permits or
1355	that pro rata portion of any license that includes turkey
1356	hunting privileges provided for in this subparagraph shall be
1357	used for the conservation, research, and management of wild
1358	turkeys or to promote the cultural heritage of hunting.
1359	(c)  An annual snook permit for a resident or nonresident
1360	to take or possess any snook from any waters of the state is $10
1361	$2. Revenue generated from the sale of snook permits shall be
1362	used exclusively for programs to benefit the snook population.
1363	(d)  An annual spiny lobster permit for a resident or
1364	nonresident to take or possess any spiny lobster for
1365	recreational purposes from any waters of the state is $5 $2.
1366	Revenue generated from the sale of spiny lobster permits shall
1367	be used exclusively for programs to benefit the spiny lobster
1368	population.
1369	(e)  A $5 fee is imposed for each of the following permits:
1370	1.  An annual archery season permit for a resident or
1371	nonresident to hunt within the state during any archery season
1372	authorized by the commission.
1373	2.  An annual crossbow season permit for a resident or
1374	nonresident to hunt within the state during any crossbow season
1375	authorized by the commission.
1376	3.  An annual muzzle-loading gun season permit for a
1377	resident or nonresident to hunt within the state during any
1378	muzzle-loading gun season authorized by the commission.
1379	(f)  A special use permit for a resident or nonresident to
1380	participate in limited entry hunting or fishing activities as
1381	authorized by commission rule shall not exceed $150 $100 per day
1382	or $300 $250 per week. Notwithstanding any other provision of
1383	this chapter, there are no exclusions, exceptions, or exemptions
1384	from this permit fee. In addition to the permit fee, the
1385	commission may charge each special use permit applicant a
1386	nonrefundable application fee not to exceed $10.
1387	(g)1.  A management area permit for a resident or
1388	nonresident to hunt on, fish on, or otherwise use for outdoor
1389	recreational purposes land owned, leased, or managed by the
1390	commission, or by the state for the use and benefit of the
1391	commission, shall not exceed $30 $25 per year.
1392	2.  Permit fees for short-term use of land that is owned,
1393	leased, or managed by the commission may be established by rule
1394	of the commission for activities on such lands. Such permits may
1395	be in lieu of, or in addition to, the annual management area
1396	permit authorized in subparagraph 1. and subparagraph 4.
1397	3.  Other than for hunting or fishing, the provisions of
1398	this paragraph shall not apply on any lands not owned by the
1399	commission, unless the commission has obtained the written
1400	consent of the owner or primary custodian of such lands.
1401	4.  A management area permit for a resident or nonresident
1402	to hike, camp, or otherwise engage in other outdoor recreational
1403	activities, except hunting or fishing, on management area lands
1404	shall not exceed $5 per day or $30 per year.
1405	(h)1.  A recreational user permit is required to hunt on,
1406	fish on, or otherwise use for outdoor recreational purposes land
1407	leased by the commission from private nongovernmental owners,
1408	except for those lands located directly north of the
1409	Apalachicola National Forest, east of the Ochlocknee River until
1410	the point the river meets the dam forming Lake Talquin, and
1411	south of the closest federal highway. The fee for a recreational
1412	user permit shall be based upon the economic compensation
1413	desired by the landowner, game population levels, desired hunter
1414	density, and administrative costs. The permit fee shall be set
1415	by commission rule on a per-acre basis. The recreational user
1416	permit fee, less administrative costs of up to $30 $25 per
1417	permit, shall be remitted to the landowner as provided in the
1418	lease agreement for each area.
1419	2.  One minor dependent under 16 years of age may hunt
1420	under the supervision of the permittee and is exempt from the
1421	recreational user permit requirements. The spouse and dependent
1422	children of a permittee are exempt from the recreational user
1423	permit requirements when engaged in outdoor recreational
1424	activities other than hunting and when accompanied by a
1425	permittee. Notwithstanding any other provision of this chapter,
1426	no other exclusions, exceptions, or exemptions from the
1427	recreational user permit fee are authorized.
1428	(i)  An annual deer permit for a resident or nonresident to
1429	take deer within the state during any season authorized by the
1430	commission is $5. Revenue generated from the sale of deer
1431	permits shall be used for the conservation, research, and
1432	management of white-tailed deer or to promote the cultural
1433	heritage of hunting.
1434
1435	The commission shall prepare an annual report documenting the
1436	use of funds generated pursuant to paragraphs (a) and (b) and
1437	shall submit the report to the Governor, the Speaker of the
1438	House of Representatives, and the President of the Senate no
1439	later than September 1 of each year.
1440	(11)  RESIDENT LIFETIME HUNTING LICENSES.--
1441	(a)  Lifetime hunting licenses are available to residents
1442	only, as follows, for:
1443	1.  Persons 4 years of age or younger, for a fee of $200.
1444	2.  Persons 5 years of age or older, but under 13 years of
1445	age, for a fee of $350.
1446	3.  Persons 13 years of age or older, for a fee of $500.
1447	(b)  The following activities are authorized by the
1448	purchase of a lifetime hunting license:
1449	1.  Taking, or attempting to take or possess, game
1450	consistent with the state and federal laws and regulations and
1451	rules of the commission in effect at the time of the taking.
1452	2.  All activities authorized by a muzzle-loading gun
1453	season permit, a crossbow season permit, a turkey permit, an
1454	archery season permit, a Florida waterfowl permit, a deer
1455	permit, and a management area permit, excluding fishing.
1456	(12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
1457	(a)  Lifetime sportsman's licenses are available to
1458	residents only, as follows, for:
1459	1.  Persons 4 years of age or younger, for a fee of $400.
1460	2.  Persons 5 years of age or older, but under 13 years of
1461	age, for a fee of $700.
1462	3.  Persons 13 years of age or older, for a fee of $1,000.
1463	(b)  The following activities are authorized by the
1464	purchase of a lifetime sportsman's license:
1465	1.  Taking, or attempting to take or possess, freshwater
1466	and saltwater fish, and game, consistent with the state and
1467	federal laws and regulations and rules of the commission in
1468	effect at the time of taking.
1469	2.  All activities authorized by a management area permit,
1470	a muzzle-loading gun season permit, a crossbow season permit, a
1471	turkey permit, an archery season permit, a Florida waterfowl
1472	permit, a deer permit, a snook permit, and a spiny lobster
1473	permit.
1474	Section 38.  Paragraph (c) of subsection (2) of section
1475	379.3671, Florida Statutes, is amended to read:
1476	379.3671  Spiny lobster trap certificate program.--
1477	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
1478	PENALTIES.--The Fish and Wildlife Conservation Commission shall
1479	establish a trap certificate program for the spiny lobster
1480	fishery of this state and shall be responsible for its
1481	administration and enforcement as follows:
1482	(c)  Prohibitions; penalties.--
1483	1.  It is unlawful for a person to possess or use a spiny
1484	lobster trap in or on state waters or adjacent federal waters
1485	without having affixed thereto the trap tag required by this
1486	section. It is unlawful for a person to possess or use any other
1487	gear or device designed to attract and enclose or otherwise aid
1488	in the taking of spiny lobster by trapping that is not a trap as
1489	defined by commission rule.
1490	2.  It is unlawful for a person to possess or use spiny
1491	lobster trap tags without having the necessary number of
1492	certificates on record as required by this section.
1493	3.  It is unlawful for any person to willfully molest, take
1494	possession of, or remove the contents of another harvester's
1495	spiny lobster trap without the express written consent of the
1496	trap owner available for immediate inspection. Unauthorized
1497	possession of another's trap gear or removal of trap contents
1498	constitutes theft.
1499	a.  A commercial harvester who violates this subparagraph
1500	shall be punished under ss. 379.367 and 379.407. Any commercial
1501	harvester receiving a judicial disposition other than dismissal
1502	or acquittal on a charge of theft of or from a trap pursuant to
1503	this subparagraph or s. 379.402 shall, in addition to the
1504	penalties specified in ss. 379.367 and 379.407 and the
1505	provisions of this section, permanently lose all his or her
1506	saltwater fishing privileges, including his or her saltwater
1507	products license, spiny lobster endorsement, and all trap
1508	certificates allotted to him or her through this program. In
1509	such cases, trap certificates and endorsements are
1510	nontransferable.
1511	b.  Any commercial harvester receiving a judicial
1512	disposition other than dismissal or acquittal on a charge of
1513	willful molestation of a trap, in addition to the penalties
1514	specified in ss. 379.367 and 379.407, shall lose all saltwater
1515	fishing privileges for a period of 24 calendar months.
1516	c.  In addition, any commercial harvester charged with
1517	violating this subparagraph and receiving a judicial disposition
1518	other than dismissal or acquittal for violating this
1519	subparagraph or s. 379.402 shall also be assessed an
1520	administrative penalty of up to $5,000.
1521
1522	Immediately upon receiving a citation for a violation involving
1523	theft of or from a trap, or molestation of a trap, and until
1524	adjudicated for such a violation or, upon receipt of a judicial
1525	disposition other than dismissal or acquittal of such a
1526	violation, the commercial harvester committing the violation is
1527	prohibited from transferring any spiny lobster trap certificates
1528	and endorsements.
1529	4.  In addition to any other penalties provided in s.
1530	379.407, a commercial harvester who violates the provisions of
1531	this section or commission rules relating to spiny lobster traps
1532	shall be punished as follows:
1533	a.  If the first violation is for violation of subparagraph
1534	1. or subparagraph 2., the commission shall assess an additional
1535	administrative penalty of up to $1,000. For all other first
1536	violations, the commission shall assess an additional
1537	administrative penalty of up to $500.
1538	b.  For a second violation of subparagraph 1. or
1539	subparagraph 2. which occurs within 24 months of any previous
1540	such violation, the commission shall assess an additional
1541	administrative penalty of up to $2,000 and the spiny lobster
1542	endorsement issued under s. 379.367(2) or (6) may be suspended
1543	for the remainder of the current license year.
1544	c.  For a third or subsequent violation of subparagraph 1.,
1545	subparagraph 2., or subparagraph 3. which occurs within 36
1546	months of any previous two such violations, the commission shall
1547	assess an additional administrative penalty of up to $5,000 and
1548	may suspend the spiny lobster endorsement issued under s.
1549	379.367(2) or (6) for a period of up to 24 months or may revoke
1550	the spiny lobster endorsement and, if revoking the spiny lobster
1551	endorsement, may also proceed against the licenseholder's
1552	saltwater products license in accordance with the provisions of
1553	s. 379.407(2)(h).
1554	d.  Any person assessed an additional administrative
1555	penalty pursuant to this section shall within 30 calendar days
1556	after notification:
1557	(I)  Pay the administrative penalty to the commission; or
1558	(II)  Request an administrative hearing pursuant to the
1559	provisions of ss. 120.569 and 120.57.
1560	e.  The commission shall suspend the spiny lobster
1561	endorsement issued under s. 379.367(2) or (6) for any person
1562	failing to comply with the provisions of sub-subparagraph d.
1563	5.a.  It is unlawful for any person to make, alter, forge,
1564	counterfeit, or reproduce a spiny lobster trap tag or
1565	certificate.
1566	b.  It is unlawful for any person to knowingly have in his
1567	or her possession a forged, counterfeit, or imitation spiny
1568	lobster trap tag or certificate.
1569	c.  It is unlawful for any person to barter, trade, sell,
1570	supply, agree to supply, aid in supplying, or give away a spiny
1571	lobster trap tag or certificate or to conspire to barter, trade,
1572	sell, supply, aid in supplying, or give away a spiny lobster
1573	trap tag or certificate unless such action is duly authorized by
1574	the commission as provided in this chapter or in the rules of
1575	the commission.
1576	6.a.  Any commercial harvester who violates the provisions
1577	of subparagraph 5., or any commercial harvester who engages in
1578	the commercial harvest, trapping, or possession of spiny lobster
1579	without a spiny lobster endorsement as required by s. 379.367(2)
1580	or (6) or during any period while such spiny lobster endorsement
1581	is under suspension or revocation, commits a felony of the third
1582	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1583	775.084.
1584	b.  In addition to any penalty imposed pursuant to sub-
1585	subparagraph a., the commission shall levy a fine of up to twice
1586	the amount of the appropriate surcharge to be paid on the fair
1587	market value of the transferred certificates, as provided in
1588	subparagraph (a)1., on any commercial harvester who violates the
1589	provisions of sub-subparagraph 5.c.
1590	c.  In addition to any penalty imposed pursuant to sub-
1591	subparagraph a., any commercial harvester receiving any judicial
1592	disposition other than acquittal or dismissal for a violation of
1593	subparagraph 5. shall be assessed an administrative penalty of
1594	up to $5,000, and the spiny lobster endorsement under which the
1595	violation was committed may be suspended for up to 24 calendar
1596	months. Immediately upon issuance of a citation involving a
1597	violation of subparagraph 5. and until adjudication of such a
1598	violation, and after receipt of any judicial disposition other
1599	than acquittal or dismissal for such a violation, the commercial
1600	harvester holding the spiny lobster endorsement listed on the
1601	citation is prohibited from transferring any spiny lobster trap
1602	certificates.
1603	d.  Any other person who violates the provisions of
1604	subparagraph 5. commits a Level Four violation under s. 379.401.
1605	7.  Prior to the 2010-2011 license year, any certificates
1606	for which the annual certificate fee is not paid for a period of
1607	3 years shall be considered abandoned and shall revert to the
1608	commission. Beginning with the 2010-2011 license year, any
1609	certificate for which the annual certificate fee is not paid for
1610	a period of 2 consecutive years shall be considered abandoned
1611	and shall revert to the commission. During any period of trap
1612	reduction, any certificates reverting to the commission shall
1613	become permanently unavailable and be considered in that amount
1614	to be reduced during the next license-year period. Otherwise,
1615	any certificates that revert to the commission are to be
1616	reallotted in such manner as provided by the commission.
1617	8.  The proceeds of all administrative penalties collected
1618	pursuant to subparagraph 4. and all fines collected pursuant to
1619	sub-subparagraph 6.b. shall be deposited into the Marine
1620	Resources Conservation Trust Fund.
1621	9.  All traps shall be removed from the water during any
1622	period of suspension or revocation.
1623	10.  Except as otherwise provided, any person who violates
1624	this paragraph commits a Level Two violation under s. 379.401.
1625	Section 39.  Paragraphs (c), (d), and (e) of subsection (2)
1626	of section 379.3751, Florida Statutes, are amended to read:
1627	379.3751  Taking and possession of alligators; trapping
1628	licenses; fees.--
1629	(2)  The license and issuance fee, and the activity
1630	authorized thereby, shall be as follows:
1631	(c)  The annual fee for issuance of an alligator trapping
1632	agent's license, which permits a person to act as an agent of
1633	any person who has been issued a resident or nonresident
1634	alligator trapping license as provided in paragraph (a) or
1635	paragraph (b) and to take alligators occurring in the wild other
1636	than alligator hatchlings, and to possess and process alligators
1637	taken under authority of such agency relationship, and to
1638	possess, process, and sell their hides and meat, shall be $50.
1639	Such alligator trapping agent's license shall be issued only in
1640	conjunction with an alligator trapping license and shall bear on
1641	its face in indelible ink the name and license number of the
1642	alligator trapping licenseholder for whom the holder of this
1643	license is acting as an agent.
1644	(d)  The annual fee for issuance of an alligator farming
1645	license, which permits a person to operate a facility for
1646	captive propagation of alligators, to possess alligators for
1647	captive propagation, to take alligator hatchlings and alligator
1648	eggs occurring in the wild, to rear such alligators, alligator
1649	hatchlings, and alligator eggs in captivity, to process
1650	alligators taken or possessed under authority of such alligator
1651	farming license or otherwise legally acquired, and to possess,
1652	process, and sell their hides and meat, shall be $250.
1653	(e)  The annual fee for issuance of an alligator farming
1654	agent's license, which permits a person to act as an agent of
1655	any person who has been issued an alligator farming license as
1656	provided in paragraph (d) and to take alligator hatchlings and
1657	alligator eggs occurring in the wild, and to possess and process
1658	alligators taken under authority of such agency relationship,
1659	and to possess, process, and sell their hides and meat, shall be
1660	$50. Such license shall be issued only in conjunction with an
1661	alligator farming license, and shall bear on its face in
1662	indelible ink the name and license number of the alligator
1663	farming licenseholder for whom the holder of this license is
1664	acting as an agent.
1665	Section 40.  Subsection (6) is added to section 379.3761,
1666	Florida Statutes, to read:
1667	379.3761  Exhibition or sale of wildlife; fees;
1668	classifications.--
1669	(6)  A person who violates this section is punishable as
1670	provided in s. 379.4015.
1671	Section 41.  Subsection (5) of section 379.3762, Florida
1672	Statutes, is amended to read:
1673	379.3762  Personal possession of wildlife.--
1674	(5)  A person who violates Persons in violation of this
1675	section is shall be punishable as provided in s. 379.4015
1676	379.401.
1677	Section 42.  Paragraph (a) of subsection (2) and paragraph
1678	(a) of subsection (4) of section 379.401, Florida Statutes, are
1679	amended to read:
1680	379.401  Penalties and violations; civil penalties for
1681	noncriminal infractions; criminal penalties; suspension and
1682	forfeiture of licenses and permits.--
1683	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1684	violation if he or she violates any of the following provisions:
1685	1.  Rules or orders of the commission relating to seasons
1686	or time periods for the taking of wildlife, freshwater fish, or
1687	saltwater fish.
1688	2.  Rules or orders of the commission establishing bag,
1689	possession, or size limits or restricting methods of taking
1690	wildlife, freshwater fish, or saltwater fish.
1691	3.  Rules or orders of the commission prohibiting access or
1692	otherwise relating to access to wildlife management areas or
1693	other areas managed by the commission.
1694	4.  Rules or orders of the commission relating to the
1695	feeding of wildlife, freshwater fish, or saltwater fish.
1696	5.  Rules or orders of the commission relating to landing
1697	requirements for freshwater fish or saltwater fish.
1698	6.  Rules or orders of the commission relating to
1699	restricted hunting areas, critical wildlife areas, or bird
1700	sanctuaries.
1701	7.  Rules or orders of the commission relating to tagging
1702	requirements for wildlife game and fur-bearing animals.
1703	8.  Rules or orders of the commission relating to the use
1704	of dogs for the taking of wildlife game.
1705	9.  Rules or orders of the commission which are not
1706	otherwise classified.
1707	10.  Rules or orders of the commission prohibiting the
1708	unlawful use of finfish traps.
1709	11.  All prohibitions in this chapter which are not
1710	otherwise classified.
1711	12.  Section 379.33, prohibiting the violation of or
1712	noncompliance with commission rules.
1713	13.  Section 379.407(6), prohibiting the sale, purchase,
1714	harvest, or attempted harvest of any saltwater product with
1715	intent to sell.
1716	14.  Section 379.2421, prohibiting the obstruction of
1717	waterways with net gear.
1718	15.  Section 379.413, prohibiting the unlawful taking of
1719	bonefish.
1720	16.  Section 379.365(2)(a) and (b), prohibiting the
1721	possession or use of stone crab traps without trap tags and
1722	theft of trap contents or gear.
1723	17.  Section 379.366(4)(b), prohibiting the theft of blue
1724	crab trap contents or trap gear.
1725	18.  Section 379.3671(2)(c), prohibiting the possession or
1726	use of spiny lobster traps without trap tags or certificates and
1727	theft of trap contents or trap gear.
1728	19.  Section 379.357, prohibiting the possession of tarpon
1729	without purchasing a tarpon tag.
1730	20.  Rules or orders of the commission Section 379.409,
1731	prohibiting the feeding or enticement of alligators or
1732	crocodiles.
1733	21.  Section 379.105, prohibiting the intentional
1734	harassment of hunters, fishers, or trappers.
1735	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1736	Four violation if he or she violates any of the following
1737	provisions:
1738	1.  Section 379.365(2)(c), prohibiting criminal activities
1739	relating to the taking of stone crabs.
1740	2.  Section 379.366(4)(c), prohibiting criminal activities
1741	relating to the taking and harvesting of blue crabs.
1742	3.  Section 379.367(4), prohibiting the willful molestation
1743	of spiny lobster gear.
1744	4.  Section 379.3671(2)(c)5., prohibiting the unlawful
1745	reproduction, possession, sale, trade, or barter of spiny
1746	lobster trap tags or certificates.
1747	5.  Section 379.354(16), prohibiting the making, forging,
1748	counterfeiting, or reproduction of a recreational license or
1749	possession of same without authorization from the commission.
1750	6.  Section 379.404(5), prohibiting the sale of illegally-
1751	taken deer or wild turkey.
1752	7.  Section 379.405, prohibiting the molestation or theft
1753	of freshwater fishing gear.
1754	8.  Section 379.409, prohibiting the unlawful killing,
1755	injuring, possessing, or capturing of alligators or other
1756	crocodilia or their eggs.
1757	Section 43.  Paragraph (a) of subsection (2) of section
1758	379.4015, Florida Statutes, is amended to read:
1759	379.4015  Captive wildlife penalties.--
1760	(2)  LEVEL TWO.--Unless otherwise provided by law, the
1761	following classifications and penalties apply:
1762	(a)  A person commits a Level Two violation if he or she
1763	violates any of the following provisions:
1764	1.  Unless otherwise stated in subsection (1), rules or
1765	orders of the commission that require a person to pay a fee to
1766	obtain a permit to possess captive wildlife or that require the
1767	maintenance of records relating to captive wildlife.
1768	2.  Rules or orders of the commission relating to captive
1769	wildlife not specified in subsection (1) or subsection (3).
1770	3.  Rules or orders of the commission that require housing
1771	of wildlife in a safe manner when a violation results in an
1772	escape of wildlife other than Class I wildlife.
1773	4.  Section 379.372, relating to capturing, keeping,
1774	possessing, transporting, or exhibiting venomous reptiles or
1775	reptiles of concern.
1776	5.  Section 379.373, relating to requiring a license or
1777	permit for the capturing, keeping, possessing, or exhibiting of
1778	venomous reptiles or reptiles of concern.
1779	6.  Section 379.374, relating to bonding requirements for
1780	public exhibits of venomous reptiles.
1781	7.  Section 379.305, relating to commission rules and
1782	regulations to prevent the escape of venomous reptiles or
1783	reptiles of concern.
1784	8.  Section 379.304, relating to exhibition or sale of
1785	wildlife.
1786	9.  Section 379.3761, relating to exhibition or sale of
1787	wildlife.
1788	10.  Section 379.3762, relating to personal possession of
1789	wildlife.
1790	Section 44.  Section 379.501, Florida Statutes, is created
1791	to read:
1792	379.501  Aquatic weeds and plants; prohibitions;
1793	violations; penalties; intent.--
1794	(1)  A person may not:
1795	(a)  Violate this section or any provision of s. 369.20 or
1796	s. 369.22 related to aquatic weeds and plants;
1797	(b)  Fail to obtain any permit required by s. 369.20 or s.
1798	369.22 or by commission rule implementing s. 369.20 or s.
1799	369.22, or violate or fail to comply with any rule, regulation,
1800	order, permit, or certification adopted or issued by the
1801	commission pursuant to s. 369.20 or s. 369.22; or
1802	(c)  Knowingly make any false statement, representation, or
1803	certification in any application, record, report, plan, or other
1804	document filed or required to be maintained under s. 369.20 or
1805	s. 369.22, or falsify, tamper with, or knowingly render
1806	inaccurate any monitoring device or method required to be
1807	maintained under s. 369.20 or s. 369.22 or by any permit, rule,
1808	regulation, or order issued under s. 369.20 or s. 369.22.
1809	(2)  Any person who violates any provision of subsection
1810	(1) is liable to the state for any damage caused to the aquatic
1811	weeds or plants and for civil penalties as provided in s.
1812	379.502.
1813	(3)  Any person who willfully commits a violation of
1814	paragraph (1)(a) commits a felony of the third degree,
1815	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1816	Each day during any portion of which such violation occurs
1817	constitutes a separate offense.
1818	(4)  Any person who commits a violation specified in
1819	paragraph (1)(a) due to reckless indifference or gross careless
1820	disregard commits a misdemeanor of the second degree, punishable
1821	as provided in s. 775.082 or s. 775.083.
1822	(5)  Any person who willfully commits a violation specified
1823	in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
1824	the first degree, punishable as provided in s. 775.082 or s.
1825	775.083.
1826	(6)  It is the intent of the Legislature that the civil
1827	penalties and criminal fines imposed by a court be of such an
1828	amount as to ensure immediate and continued compliance with this
1829	section.
1830	(7)  Penalties assessed pursuant to ss. 379.501-379.504 are
1831	in addition to any penalties assessed by the Board of Trustees
1832	of the Internal Improvement Trust Fund, the Department of
1833	Environmental Protection, or a water management district
1834	pursuant to chapter 253, chapter 373, or chapter 403.
1835	Section 45.  Section 379.502, Florida Statutes, is created
1836	to read:
1837	379.502  Enforcement; procedure; remedies.--The commission
1838	has the following judicial and administrative remedies available
1839	to it for violations of s. 379.501:
1840	(1)(a)  The commission may institute a civil action in a
1841	court of competent jurisdiction to establish liability and to
1842	recover damages for any injury to the waters or property of the
1843	state, including animal, plant, and aquatic life, caused by any
1844	violation of s. 379.501.
1845	(b)  The commission may institute a civil action in a court
1846	of competent jurisdiction to impose and to recover a civil
1847	penalty for each violation in an amount of not more than $10,000
1848	per offense. However, the court may receive evidence in
1849	mitigation. Each day, during any portion of which such violation
1850	occurs, constitutes a separate offense.
1851	(c)  Except as provided in paragraph (2)(c), the fact that
1852	the commission has failed to exhaust its administrative
1853	remedies, has failed to serve a notice of violation, or has
1854	failed to hold an administrative hearing before initiating a
1855	civil action is not a defense to, or grounds for dismissal of,
1856	the judicial remedies for damages and civil penalties.
1857	(2)(a)  The commission may institute an administrative
1858	proceeding to establish liability and to recover damages for any
1859	injury to the waters or property of the state, including animal,
1860	plant, or aquatic life, caused by any violation of s. 379.501.
1861	The commission may order that the violator pay a specified sum
1862	as damages to the state. Judgment for the amount of damages
1863	determined by the commission may be entered in any court having
1864	jurisdiction thereof and may be enforced as any other judgment.
1865	(b)  If the commission has reason to believe that a
1866	violation has occurred, it may institute an administrative
1867	proceeding to order the prevention, abatement, or control of the
1868	conditions creating the violation or other appropriate
1869	corrective action. The commission shall proceed administratively
1870	in all cases in which the commission seeks administrative
1871	penalties that do not exceed $10,000 per assessment as
1872	calculated in accordance with subsections (3), (4), (5), and
1873	(6). The commission may not impose administrative penalties in
1874	excess of $10,000 in a notice of violation. The commission may
1875	not have more than one notice of violation seeking
1876	administrative penalties pending against the same party at the
1877	same time unless the violations occurred at a different site or
1878	the violations were discovered by the commission subsequent to
1879	the filing of a previous notice of violation.
1880	(c)  An administrative proceeding shall be instituted by
1881	the commission's serving of a written notice of violation upon
1882	the alleged violator by certified mail. If the commission is
1883	unable to effect service by certified mail, the notice of
1884	violation may be hand delivered or personally served in
1885	accordance with chapter 48. The notice shall specify the
1886	provision of the law, rule, regulation, permit, certification,
1887	or order of the commission alleged to have been violated and the
1888	facts alleged to constitute a violation thereof. An order for
1889	corrective action, penalty assessment, or damages may be
1890	included along with the notice. If the commission is seeking to
1891	impose an administrative penalty for any violation of s. 379.501
1892	by issuing a notice of violation, any corrective action needed
1893	to correct the violation or damages caused by the violation must
1894	be pursued in the notice of violation or they are waived.
1895	However, an order does not become effective until after service
1896	and an administrative hearing, if requested within 20 days after
1897	service. Failure to request an administrative hearing within
1898	this period constitutes a waiver, unless the respondent files a
1899	written notice with the commission within this period opting out
1900	of the administrative process initiated by the commission. Any
1901	respondent choosing to opt out of the administrative process
1902	initiated by the commission must file a written notice with the
1903	commission, within 20 days after service of the notice of
1904	violation, opting out of the administrative process. A
1905	respondent's decision to opt out of the administrative process
1906	does not preclude the commission from initiating a state court
1907	action seeking injunctive relief, damages, and the judicial
1908	imposition of civil penalties.
1909	(d)  If a person timely files a petition challenging a
1910	notice of violation, that person will thereafter be referred to
1911	as the respondent. The hearing requested by the respondent shall
1912	be held within 180 days after the commission has referred the
1913	initial petition to the Division of Administrative Hearings
1914	unless the parties agree to a later date. The commission has the
1915	burden of proving by the preponderance of the evidence that the
1916	respondent is responsible for the violation. An administrative
1917	penalty may not be imposed unless the commission satisfies that
1918	burden. Following the close of the hearing, the administrative
1919	law judge shall issue a final order on all matters, including
1920	the imposition of an administrative penalty. If the commission
1921	seeks to enforce that portion of a final order imposing
1922	administrative penalties pursuant to s. 120.69, the respondent
1923	may not assert as a defense the inappropriateness of the
1924	administrative remedy. The commission retains its final-order
1925	authority in all administrative actions that do not request the
1926	imposition of administrative penalties.
1927	(e)  After filing a petition requesting a formal hearing in
1928	response to a notice of violation, a respondent may request that
1929	a private mediator be appointed to mediate the dispute by
1930	contacting the Florida Conflict Resolution Consortium within 10
1931	days after receipt of the initial order from the administrative
1932	law judge. The Florida Conflict Resolution Consortium shall pay
1933	all of the costs of the mediator and for up to 8 hours of the
1934	mediator's time per case at $150 per hour. Upon notice from the
1935	respondent, the Florida Conflict Resolution Consortium shall
1936	provide the respondent with a panel of possible mediators from
1937	the area in which the hearing on the petition would be heard.
1938	The respondent shall select the mediator and notify the Florida
1939	Conflict Resolution Consortium of the selection within 15 days
1940	after receipt of the proposed panel of mediators. The Florida
1941	Conflict Resolution Consortium shall provide all of the
1942	administrative support for the mediation process. The mediation
1943	must be completed at least 15 days before the final hearing date
1944	set by the administrative law judge.
1945	(f)  In any administrative proceeding brought by the
1946	commission, the prevailing party shall recover all costs as
1947	provided in ss. 57.041 and 57.071. The costs must be included in
1948	the final order. The respondent is the prevailing party when an
1949	order is entered awarding no penalties to the commission and the
1950	order has not been reversed on appeal or the time for seeking
1951	judicial review has expired. The respondent is entitled to an
1952	award of attorney's fees if the administrative law judge
1953	determines that the notice of violation issued by the commission
1954	was not substantially justified as defined in s. 57.111(3)(e).
1955	An award of attorney's fees as provided by this subsection may
1956	not exceed $15,000.
1957	(g)  This section does not prevent any other legal or
1958	administrative action in accordance with law. This subsection
1959	does not limit the commission's authority set forth in this
1960	section and ss. 379.503 and 379.504 to judicially pursue
1961	injunctive relief. If the commission exercises its authority to
1962	judicially pursue injunctive relief, penalties in any amount up
1963	to the statutory maximum sought by the commission must be
1964	pursued as part of the state court action and not by initiating
1965	a separate administrative proceeding. The commission retains the
1966	authority to judicially pursue penalties in excess of $10,000
1967	for violations not specifically included in the administrative
1968	penalty schedule, or for multiple or multiday violations alleged
1969	to exceed a total of $10,000. The commission also retains the
1970	authority provided in this section and ss. 379.503 and 379.504
1971	to judicially pursue injunctive relief and damages, if a notice
1972	of violation seeking the imposition of administrative penalties
1973	has not been issued. The commission may enter into a settlement
1974	before or after initiating a notice of violation, and the
1975	settlement may include a penalty amount that is different from
1976	the administrative penalty schedule. Any case filed in state
1977	court because it is alleged to exceed a total of $10,000 in
1978	penalties may be settled in the court action for less than
1979	$10,000.
1980	(h)  The provisions of chapter 120 shall apply to any
1981	administrative action taken by the commission under this section
1982	or any delegated program pursuing administrative penalties in
1983	accordance with this section.
1984	(3)  Administrative penalties must be calculated according
1985	to the following schedule:
1986	(a)  For violations of s. 379.501(1)(a) or (b), $3,000.
1987	(b)  For failure to conduct required monitoring or testing
1988	in compliance with a permit, $2,000.
1989	(c)  For failure to prepare, submit, maintain, or use
1990	required reports or other required documentation, $500.
1991	(d)  For failure to comply with any other regulatory
1992	statute or rule requirement relating to the administration of
1993	the commission's powers under s. 369.20 or s. 369.22 not
1994	otherwise identified in this section, $500.
1995	(4)  For each additional day during which a violation
1996	occurs, the administrative penalties in subsection (3) may be
1997	assessed per day, per violation.
1998	(5)  The history of noncompliance of the violator for any
1999	previous violation resulting in an executed consent order, but
2000	not including a consent order entered into without a finding of
2001	violation, or resulting in a final order or judgment on or after
2002	July 1, 2009, involving the imposition of $2,000 or more in
2003	penalties, shall be taken into consideration in the following
2004	manner:
2005	(a)  One previous such violation within 5 years prior to
2006	the filing of the notice of violation shall result in a 25-
2007	percent per day increase in the scheduled administrative
2008	penalty.
2009	(b)  Two previous such violations within 5 years prior to
2010	the filing of the notice of violation shall result in a 50-
2011	percent per day increase in the scheduled administrative
2012	penalty.
2013	(c)  Three or more previous such violations within 5 years
2014	before the filing of the notice of violation shall result in a
2015	100-percent per day increase in the scheduled administrative
2016	penalty.
2017	(6)  The direct economic benefit gained by the violator
2018	from the violation shall be added to the scheduled
2019	administrative penalty. The total administrative penalty,
2020	including any economic benefit added to the scheduled
2021	administrative penalty, may not exceed $10,000.
2022	(7)  The administrative penalties assessed for any
2023	particular violation may not exceed $3,000 against any one
2024	violator unless the violator has a history of noncompliance, the
2025	economic benefit of the violation as described in subsection (6)
2026	exceeds $3,000, or there are multiday violations. The total
2027	administrative penalties may not exceed $10,000 per assessment
2028	for all violations attributable to a specific person in the
2029	notice of violation.
2030	(8)  The administrative law judge may receive evidence in
2031	mitigation. The penalties identified in subsection (3) may be
2032	reduced up to 50 percent by the administrative law judge for
2033	mitigating circumstances, including good faith efforts to comply
2034	prior to or after discovery of the violations by the commission.
2035	Upon an affirmative finding that the violation was caused by
2036	circumstances beyond the reasonable control of the respondent
2037	and could not have been prevented by the respondent's due
2038	diligence, the administrative law judge may further reduce the
2039	penalty.
2040	(9)  Penalties collected under this section shall be
2041	deposited into the Invasive Plant Control Trust Fund to carry
2042	out the purposes set forth in ss. 369.20, 369.22, and 369.252.
2043	The Florida Conflict Resolution Consortium may use a portion of
2044	the fund to administer the mediation process provided in
2045	paragraph (2)(e) and to contract with private mediators for
2046	administrative penalty cases related to s. 369.20 or s. 369.22.
2047	(10)  The purpose of the administrative penalty schedule
2048	and process is to provide a more predictable and efficient
2049	manner for individuals and businesses to resolve relatively
2050	minor environmental disputes. Subsections (3) through (7) do not
2051	limit a state court in the assessment of damages. The
2052	administrative penalty schedule does not apply to the judicial
2053	imposition of civil penalties in state court as provided in this
2054	section.
2055	Section 46.  Section 379.503, Florida Statutes, is created
2056	to read:
2057	379.503  Civil action.--
2058	(1)  The commission may institute a civil action in a court
2059	of competent jurisdiction to seek injunctive relief to enforce
2060	compliance with ss. 379.501, 379.502, and 379.504 or any rule,
2061	regulation, permit, certification, or order adopted or issued by
2062	the commission pursuant to s. 369.20 or s. 369.22; to enjoin any
2063	violation specified in s. 379.501(1); and to seek injunctive
2064	relief to prevent irreparable injury to the waters and property,
2065	including animal, plant, and aquatic life, of the state and to
2066	protect human health, safety, and welfare caused or threatened
2067	by any violation of s. 379.501.
2068	(2)  All the judicial and administrative remedies to
2069	recover damages and penalties in this section and s. 379.502 are
2070	alternative and mutually exclusive.
2071	Section 47.  Section 379.504, Florida Statutes, is created
2072	to read:
2073	379.504  Civil liability; joint and several liability.--
2074	(1)  A person who commits a violation specified in s.
2075	379.501(1) is liable to the state for any damage caused to the
2076	waters or property of the state, including animal, plant, or
2077	aquatic life, and for reasonable costs and expenses of the state
2078	in restoring its waters and property, including animal, plant,
2079	and aquatic life, to their former condition, and furthermore is
2080	subject to the judicial imposition of a civil penalty for each
2081	offense in an amount of not more than $10,000 per offense.
2082	However, the court may receive evidence in mitigation. Each day
2083	during any portion of which such violation occurs constitutes a
2084	separate offense. This section does not give the commission the
2085	right to bring an action on behalf of any private person.
2086	(2)  If two or more persons violate s. 379.501(1) so that
2087	the damage is indivisible, each violator shall be jointly and
2088	severally liable for the damage and for the reasonable cost and
2089	expenses of the state incurred in restoring the waters and
2090	property of the state, including the animal, plant, and aquatic
2091	life, to their former condition. However, if the damage is
2092	divisible and may be attributed to a particular violator or
2093	violators, each violator is liable only for that damage
2094	attributable to his or her violation.
2095	(3)  In assessing damages for fish killed, the value of the
2096	fish shall be determined in accordance with a table of values
2097	for individual categories of fish, which shall be adopted by the
2098	Department of Environmental Protection pursuant to s.
2099	403.141(3). The total number of fish killed may be estimated by
2100	standard practices used in estimating fish population.
2101	Section 48.  Subsection (1) of section 403.088, Florida
2102	Statutes, is amended to read:
2103	403.088  Water pollution operation permits; conditions.--
2104	(1)  No person, without written authorization of the
2105	department, shall discharge into waters within the state any
2106	waste which, by itself or in combination with the wastes of
2107	other sources, reduces the quality of the receiving waters below
2108	the classification established for them. However, this section
2109	shall not be deemed to prohibit the application of pesticides to
2110	waters in the state for the control of insects, aquatic weeds,
2111	or algae, provided the application is performed pursuant to a
2112	program approved by the Department of Health, in the case of
2113	insect control, or the Fish and Wildlife Conservation Commission
2114	department, in the case of aquatic weed or algae control. The
2115	department is directed to enter into interagency agreements to
2116	establish the procedures for program approval. Such agreements
2117	shall provide for public health, welfare, and safety, as well as
2118	environmental factors. Approved programs must provide that only
2119	chemicals approved for the particular use by the United States
2120	Environmental Protection Agency or by the Department of
2121	Agriculture and Consumer Services may be employed and that they
2122	be applied in accordance with registered label instructions,
2123	state standards for such application, and the provisions of the
2124	Florida Pesticide Law, part I of chapter 487.
2125	Section 49.  The Fish and Wildlife Conservation Commission,
2126	in consultation with the Department of Environmental Protection,
2127	is directed to establish a pilot program to explore potential
2128	options for regulating the anchoring or mooring of non-live-
2129	aboard vessels outside the marked boundaries of public mooring
2130	fields.
2131	(1)  The goals of the pilot program are to encourage the
2132	establishment of additional public mooring fields and to develop
2133	and test policies and regulatory regimes that:
2134	(a)  Promote the establishment and use of public mooring
2135	fields.
2136	(b)  Promote public access to the waters of this state.
2137	(c)  Enhance navigational safety.
2138	(d)  Protect maritime infrastructure.
2139	(e)  Protect the marine environment.
2140	(f)  Deter improperly stored, abandoned, or derelict
2141	vessels.
2142	(2)  Each location selected for inclusion in the pilot
2143	program must be associated with a properly permitted mooring
2144	field. The commission, in consultation with the department,
2145	shall select all locations for the pilot program prior to July
2146	1, 2011. Two locations shall be off the east coast of the state,
2147	two locations shall be off the west coast of the state, and one
2148	location shall be within Monroe County. The locations selected
2149	must be geographically diverse and take into consideration the
2150	various users and means of using the waters of this state.
2151	(3)  Notwithstanding the provisions of s. 327.60, Florida
2152	Statutes, a county or municipality selected for participation in
2153	the pilot program may regulate by ordinance the anchoring of
2154	vessels, other than live-aboard vessels as defined in s. 327.02,
2155	Florida Statutes, outside of a mooring field. Any ordinance
2156	enacted under the pilot program shall take effect and become
2157	enforceable only after approval by the commission. The
2158	commission shall not approve any ordinance not consistent with
2159	the goals of the pilot program.
2160	(4)  The commission shall:
2161	(a)  Provide consultation and technical assistance to each
2162	municipality or county selected for participation in the pilot
2163	program to facilitate accomplishment of the pilot program's
2164	goals.
2165	(b)  Coordinate the review of any proposed ordinance with
2166	the department; the United States Coast Guard; the Florida
2167	Inland Navigation District or the West Coast Inland Navigation
2168	District, as appropriate; and associations or other
2169	organizations representing vessel owners or operators.
2170	(c)  Monitor and evaluate at least annually each location
2171	selected for participation in the pilot program and make such
2172	modifications as may be necessary to accomplish the pilot
2173	program's goals.
2174	(5)  The commission shall submit a report of its findings
2175	and recommendations to the Governor, the President of the
2176	Senate, and the Speaker of the House of Representatives by
2177	January 1, 2014.
2178	(6)  The pilot program shall expire on July 1, 2014, unless
2179	reenacted by the Legislature. All ordinances enacted under this
2180	section shall expire concurrently with the expiration of the
2181	pilot program and shall be inoperative and unenforceable
2182	thereafter.
2183	(7)  Nothing in this section shall be construed to affect
2184	any mooring field authorized pursuant to s. 253.77, s. 327.40,
2185	or part IV of chapter 373, Florida Statutes, as applicable, or
2186	any lawful ordinance regulating the anchoring of any vessels
2187	within the marked boundaries of such mooring fields.
2188	Section 50.  The statutory powers, duties, and functions
2189	related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
2190	which were transferred by chapter 2008-150, Laws of Florida, and
2191	all records, personnel, and property; unexpended balances of
2192	appropriations, allocations, and other funds; administrative
2193	authority; administrative rules; pending issues; and existing
2194	contracts of the Bureau of Invasive Plant Management in the
2195	Department of Environmental Protection are transferred by a type
2196	two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
2197	Fish and Wildlife Conservation Commission. All actions taken
2198	pursuant to chapter 2008-150, Laws of Florida, and the
2199	Interagency Agreement executed pursuant thereto are ratified.
2200	Section 51.  The Invasive Plant Control Trust Fund, FLAIR
2201	number 37-2-030, in the Department of Environmental Protection
2202	is transferred to the Fish and Wildlife Conservation Commission,
2203	FLAIR number 77-2-030.
2204	Section 52.  Beginning in the 2009-2010 fiscal year and
2205	continuing each fiscal year thereafter, the sum of $185,000 is
2206	appropriated from the State Game Trust Fund to the Fish and
2207	Wildlife Conservation Commission for the costs associated with
2208	the shoreline fishing license exemption pursuant to s.
2209	379.354(4)(k), Florida Statutes.
2210	Section 53.  For the purpose of incorporating the amendment
2211	made by this act to section 319.32, Florida Statutes, in a
2212	reference thereto, paragraph (a) of subsection (2) of section
2213	379.209, Florida Statutes, is reenacted to read:
2214	379.209  Nongame Wildlife Trust Fund.--
2215	(2)(a)  There is established within the Fish and Wildlife
2216	Conservation Commission the Nongame Wildlife Trust Fund. The
2217	fund shall be credited with moneys collected pursuant to ss.
2218	319.32(3) and 320.02(8). Additional funds may be provided from
2219	legislative appropriations and by donations from interested
2220	individuals and organizations. The commission shall designate an
2221	identifiable unit to administer the trust fund.
2222	Section 54.  For the purpose of incorporating the amendment
2223	made by this act to section 379.353, Florida Statutes, in a
2224	reference thereto, subsection (7) of section 379.3581, Florida
2225	Statutes, is reenacted to read:
2226	379.3581  Hunter safety course; requirements; penalty.--
2227	(7)  The hunter safety requirements of this section do not
2228	apply to persons for whom licenses are not required under s.
2229	379.353(2).
2230	Section 55.  For the purpose of incorporating the amendment
2231	made by this act to section 379.354, Florida Statutes, in a
2232	reference thereto, section 379.2213, Florida Statutes, is
2233	reenacted to read:
2234	379.2213  Management area permit revenues.--The commission
2235	shall expend the revenue generated from the sale of the
2236	management area permit as provided for in s. 379.354(8)(g) or
2237	that pro rata portion of any license that includes management
2238	area privileges as provided for in s. 379.354(4)(h), (i), and
2239	(j) for the lease, management, and protection of lands for
2240	public hunting, fishing, and other outdoor recreation.
2241	Section 56.  For the purpose of incorporating the amendment
2242	made by this act to section 379.354, Florida Statutes, in a
2243	reference thereto, section 379.3501, Florida Statutes, is
2244	reenacted to read:
2245	379.3501  Expiration of licenses and permits.--Each license
2246	or permit issued under this part must be dated when issued. Each
2247	license or permit issued under this part remains valid for 12
2248	months after the date of issuance, except for a lifetime license
2249	issued pursuant to s. 379.354 which is valid from the date of
2250	issuance until the death of the individual to whom the license
2251	is issued unless otherwise revoked in accordance with s. 379.401
2252	or s. 379.404, or a 5-year license issued pursuant to s. 379.354
2253	which is valid for 5 consecutive years from the date of purchase
2254	unless otherwise revoked in accordance with s. 379.401 or s.
2255	379.404, or a license issued pursuant to s. 379.354(5)(a), (b),
2256	(c), (d), or (g) or (8)(f), (g)2., or (h)1., which is valid for
2257	the period specified on the license. A resident lifetime license
2258	or a resident 5-year license that has been purchased by a
2259	resident of this state and who subsequently resides in another
2260	state shall be honored for activities authorized by that
2261	license.
2262	Section 57.  For the purpose of incorporating the amendment
2263	made by this act to section 379.354, Florida Statutes, in a
2264	reference thereto, subsection (2) of section 379.3712, Florida
2265	Statutes, is reenacted to read:
2266	379.3712  Private hunting preserve license fees;
2267	exception.--
2268	(2)  A commercial hunting preserve license, which shall
2269	exempt patrons of licensed preserves from the license and permit
2270	requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j);
2271	(5)(g) and (h); (8)(a), (b), and (e); (9)(a)2.; (11); and (12)
2272	while hunting on the licensed preserve property, shall be $500.
2273	Such commercial hunting preserve license shall be available only
2274	to those private hunting preserves licensed pursuant to this
2275	section which are operated exclusively for commercial purposes,
2276	which are open to the public, and for which a uniform fee is
2277	charged to patrons for hunting privileges.
2278	Section 58.  Effective October 1, 2009, section 327.22,
2279	Florida Statutes, is repealed.
2280	Section 59.  Effective July 1, 2010, sections 379.2211 and
2281	379.2212, Florida Statutes, are repealed.
2282	Section 60.  Subsection (7) of section 379.366, Florida
2283	Statutes, is repealed.
2284	Section 61.  Except as otherwise expressly provided in this
2285	act, this act shall take effect July 1, 2009.

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