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	amending s. 327.41, F.S., relating to placement of markers
36	by a county, municipality, or other governmental entity;
37	revising terminology; providing for a county,
38	municipality, or other governmental entity that has been
39	granted or has adopted or established a boating-restricted
40	area to apply for permission to place regulatory markers;
41	amending s. 327.42, F.S.; revising provisions prohibiting
42	mooring to or damaging markers or buoys; amending s.
43	327.46, F.S.; revising provisions for establishment by the
44	Fish and Wildlife Conservation Commission of boating-
45	restricted areas; providing for counties and
46	municipalities to establish boating-restricted areas with
47	approval of the commission; directing the commission to
48	adopt rules; revising a prohibition against operating a
49	vessel in a prohibited manner in a boating-restricted
50	area; amending s. 327.60, F.S.; revising provisions
51	limiting local regulations relating to vessels operated
52	upon the waters of this state; prohibiting specified
53	county or municipality ordinances or regulations; amending
54	s. 327.65, F.S.; conforming a cross-reference; creating s.
55	327.66, F.S.; prohibiting possessing or operating a vessel
56	equipped with certain fuel containers or related
57	equipment; prohibiting transporting fuel in a vessel
58	except in compliance with certain federal regulations;
59	providing penalties; declaring fuel transported in
60	violation of such prohibitions to be a public nuisance and
61	directing the enforcing agency to abate the nuisance;
62	providing for disposal of the containers and fuel;
63	declaring conveyances, vessels, vehicles, and equipment
64	used in such violation to be contraband; providing for
65	seizure of the contraband; defining the term "conviction"
66	for specified purposes; providing for the costs to remove
67	fuel, containers, vessels, and equipment to be paid by the
68	owner; providing that a person who fails to pay such cost
69	shall not be issued a certificate of registration for a
70	vessel or motor vehicle; providing an exemption; amending
71	s. 327.70, F.S.; authorizing municipal police officers and
72	specified law enforcement officers to enforce the
73	provisions of chs. 327 and 328; providing for enforcement
74	of noncriminal violations by citation mailed to the owner
75	of a vessel; specifying responsibility for citations
76	issued to livery vessels; amending s. 327.73, F.S.;
77	revising provisions for citation of a noncriminal
78	infraction to provide for violations relating to boating-
79	restricted areas and speed limits; revising provisions
80	relating to establishment of such limits by counties and
81	municipalities; providing civil penalties for seagrass
82	scarring; amending s. 327.731, F.S.; conforming a cross-
83	reference; amending s. 328.03, F.S.; requiring vessels
84	used or stored on the waters of this state to be titled by
85	this state pursuant to specified provisions; providing
86	exceptions; amending s. 328.07, F.S.; requiring certain
87	vessels used or stored on the waters of this state to have
88	affixed a hull identification number; amending ss. 328.46,
89	328.48, and 328.56, F.S.; requiring vessels operated,
90	used, or stored on the waters of this state to be
91	registered and display the registration number; providing
92	exceptions; amending s. 328.58, F.S., relating to
93	reciprocity of nonresident or alien vessels; requiring the
94	owner of a vessel with a valid registration from another
95	state, a vessel with a valid registration from the United
96	States Coast Guard in another state, or a federally
97	documented vessel from another state to record the
98	registration number with the Department of Highway Safety
99	and Motor Vehicles when using or storing the vessel on the
100	waters of this state in excess of the 90-day reciprocity
101	period; amending s. 328.60, F.S.; providing an exception
102	to registration requirements for military personnel using
103	or storing on the waters of this state a vessel with a
104	valid registration from another state, a vessel with a
105	valid registration from the United States Coast Guard in
106	another state, or a federally documented vessel from
107	another state; amending s. 328.65, F.S.; revising
108	legislative intent with respect to registration and
109	numbering of vessels; amending s. 328.66, F.S.;
110	authorizing a county to impose an annual registration fee
111	on vessels used on the waters of this state within its
112	jurisdiction; amending s. 328.72, F.S.; providing
113	noncriminal penalties for use or storage of a previously
114	registered vessel after the expiration of the registration
115	period; amending ss. 369.20, 369.22, and 369.25, F.S.;
116	authorizing the commission to enforce specified provisions
117	relating to aquatic weeds and plants; granting certain
118	activities a mixing zone for turbidity; amending s.
119	379.304, F.S.; revising cross-references for permitting
120	and violation provisions relating to the exhibition or
121	sale of wildlife; amending s. 379.338, F.S.; providing for
122	confiscation and disposition of illegally taken wildlife,
123	freshwater fish, or saltwater fish; providing for
124	disposition of the proceeds from sales; providing for an
125	agency that assists in the enforcement action to receive a
126	portion or all of any forfeited property; creating s.
127	379.3381, F.S.; providing for photographs of wildlife,
128	freshwater fish, and saltwater fish to be used as evidence
129	in a prosecution in lieu of the wildlife, freshwater fish,
130	or saltwater fish; amending s. 379.353, F.S.; revising
131	eligibility criteria for exemption from certain
132	recreational license and permit requirements; amending s.
133	379.354, F.S.; providing for an annual resident shoreline
134	fishing license and fee; authorizing the commission to use
135	proceeds of specified hunting, fishing, and recreational
136	licenses for certain purposes; increasing the fee amounts
137	for waterfowl, wild turkey, snook, spiny lobster,
138	management area, special use, and recreational user
139	permits; providing for a management area permit and fee
140	for outdoor recreational activities other than hunting and
141	fishing; providing for a deer permit and fee; requiring
142	the commission to prepare an annual report and submit the
143	report to the Governor and the Legislature; providing
144	report requirements; amending s. 379.3671, F.S.; revising
145	provisions for abandonment and reversion of lobster trap
146	certificates under specified conditions; amending s.
147	379.3751, F.S.; specifying activities relating to the
148	taking and possession of alligators that require a license
149	and payment of the applicable fee; deleting provisions
150	relating to the issuance, form, and content of such
151	licenses; amending s. 379.3761, F.S.; providing penalties
152	for violations relating to the exhibition or sale of
153	wildlife; amending s. 379.3762, F.S.; revising a cross-
154	reference with respect to the penalties imposed for
155	violations relating to the personal possession of
156	wildlife; amending s. 379.401, F.S.; revising
157	applicability of violation provisions relating to
158	alligators and crocodiles; conforming references to
159	wildlife; amending s. 379.4015, F.S.; specifying
160	applicability of captive wildlife penalty provisions
161	relating to the exhibition or sale of wildlife; creating
162	s. 379.501, F.S.; providing penalties for violations
163	relating to aquatic weeds and plants; providing
164	legislative intent for civil penalties and criminal fines
165	imposed by a court; creating s. 379.502, F.S.; providing
166	judicial and administrative procedures and remedies to
167	enforce penalty provisions for violations relating to
168	aquatic weeds and plants; providing for mediation;
169	providing for recovery of costs and attorney's fees;
170	requiring proceeds from related penalties to be credited
171	to the Invasive Plant Control Trust Fund; creating s.
172	379.503, F.S.; authorizing the commission to seek
173	injunctive relief; providing that judicial and
174	administrative remedies are alternative and mutually
175	exclusive; creating s. 379.504, F.S.; providing civil
176	penalties for violations relating to aquatic weeds and
177	plants; authorizing a court to impose a civil penalty for
178	each offense not to exceed a specified amount; providing
179	for joint and several liability; providing for a
180	methodology for assessing certain damages; amending s.
181	403.088, F.S.; requiring the commission to approve an
182	aquatic weeds and algae control program; directing the
183	commission, in consultation with the Department of
184	Environmental Protection, to establish a pilot program to
185	explore options for regulating the anchoring or mooring of
186	non-live-aboard vessels outside the marked boundaries of
187	public mooring fields; providing geographic locations for
188	the pilot program; providing goals and procedures;
189	providing duties of the commission; requiring a report to
190	the Governor and the Legislature; providing for expiration
191	of the pilot program and any ordinance enacted thereunder;
192	providing for construction; providing for a type two
193	transfer of the Bureau of Invasive Plant Management within
194	the Department of Environmental Protection to the Fish and
195	Wildlife Conservation Commission; ratifying actions taken
196	pursuant to ch. 2008-150, Laws of Florida, and an
197	interagency agreement executed pursuant thereto;
198	transferring the Invasive Plant Control Trust Fund within
199	the Department of Environmental Protection to the Fish and
200	Wildlife Conservation Commission; providing a continuing
201	appropriation to the commission for the costs associated
202	with the shoreline fishing license exemption; reenacting
203	s. 379.209(2)(a), F.S., relating to funds credited to the
204	Nongame Wildlife Trust Fund, to incorporate an amendment
205	made to s. 319.32, F.S., in a reference thereto;
206	reenacting s. 379.3581(7), F.S., relating to hunting
207	safety, to incorporate the amendment made to s. 379.353,
208	F.S., in a reference thereto; reenacting ss. 379.2213,
209	379.3501, and 379.3712, F.S., relating to management area
210	permit revenues, expiration of licenses and permits, and
211	commercial hunting preserve licenses, respectively, to
212	incorporate the amendment made to s. 379.354, F.S., in
213	references thereto; repealing s. 327.22, F.S., relating to
214	regulation of vessels by municipalities or counties;
215	repealing ss. 379.2211 and 379.2212, F.S., relating to
216	Florida waterfowl permit revenues and Florida wild turkey
217	permit revenues, respectively; repealing s. 379.366(7),
218	F.S., to abrogate the expiration of provisions imposing
219	blue crab effort management program fees and penalties;
220	providing effective dates.
221
222	Be It Enacted by the Legislature of the State of Florida:
223
224	Section 1.  Paragraph (a) of subsection (1) of section
225	206.606, Florida Statutes, is amended to read:
226	206.606  Distribution of certain proceeds.--
227	(1)  Moneys collected pursuant to ss. 206.41(1)(g) and
228	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
229	Fund. Such moneys, after deducting the service charges imposed
230	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
231	administrative costs incurred by the department in collecting,
232	administering, enforcing, and distributing the tax, which
233	administrative costs may not exceed 2 percent of collections,
234	shall be distributed monthly to the State Transportation Trust
235	Fund, except that:
236	(a)  $6.30 million shall be transferred to the Fish and
237	Wildlife Conservation Commission in each fiscal year and
238	deposited in the Invasive Plant Control Trust Fund to be used
239	for aquatic plant management, including nonchemical control of
240	aquatic weeds, research into nonchemical controls, and
241	enforcement activities. Beginning in fiscal year 1993-1994, The
242	commission department shall allocate at least $1 million of such
243	funds to the eradication of melaleuca.
244	Section 2.  Subsection (1) of section 253.002, Florida
245	Statutes, is amended to read:
246	253.002  Department of Environmental Protection, water
247	management districts, Fish and Wildlife Conservation Commission,
248	and Department of Agriculture and Consumer Services; duties with
249	respect to state lands.--
250	(1)  The Department of Environmental Protection shall
251	perform all staff duties and functions related to the
252	acquisition, administration, and disposition of state lands,
253	title to which is or will be vested in the Board of Trustees of
254	the Internal Improvement Trust Fund. However, upon the effective
255	date of rules adopted pursuant to s. 373.427, a water management
256	district created under s. 373.069 shall perform the staff duties
257	and functions related to the review of any application for
258	authorization to use board of trustees-owned submerged lands
259	necessary for an activity regulated under part IV of chapter 373
260	for which the water management district has permitting
261	responsibility as set forth in an operating agreement adopted
262	pursuant to s. 373.046(4); and the Department of Agriculture and
263	Consumer Services shall perform the staff duties and functions
264	related to the review of applications and compliance with
265	conditions for use of board of trustees-owned submerged lands
266	under authorizations or leases issued pursuant to ss. 253.67-
267	253.75 and 597.010. Unless expressly prohibited by law, the
268	board of trustees may delegate to the department any statutory
269	duty or obligation relating to the acquisition, administration,
270	or disposition of lands, title to which is or will be vested in
271	the board of trustees. The board of trustees may also delegate
272	to any water management district created under s. 373.069 the
273	authority to take final agency action, without any action on
274	behalf of the board, on applications for authorization to use
275	board of trustees-owned submerged lands for any activity
276	regulated under part IV of chapter 373 for which the water
277	management district has permitting responsibility as set forth
278	in an operating agreement adopted pursuant to s. 373.046(4).
279	This water management district responsibility under this
280	subsection shall be subject to the department's general
281	supervisory authority pursuant to s. 373.026(7). The board of
282	trustees may also delegate to the Department of Agriculture and
283	Consumer Services the authority to take final agency action on
284	behalf of the board on applications to use board of trustees-
285	owned submerged lands for any activity for which that department
286	has responsibility pursuant to ss. 253.67-253.75, 369.25,
287	369.251, and 597.010. However, the board of trustees shall
288	retain the authority to take final agency action on establishing
289	any areas for leasing, new leases, expanding existing lease
290	areas, or changing the type of lease activity in existing
291	leases. Upon issuance of an aquaculture lease or other real
292	property transaction relating to aquaculture, the Department of
293	Agriculture and Consumer Services must send a copy of the
294	document and the accompanying survey to the Department of
295	Environmental Protection. The board of trustees may also
296	delegate to the Fish and Wildlife Conservation Commission the
297	authority to take final agency action, without any action on
298	behalf of the board, on applications for authorization to use
299	board of trustees-owned submerged lands for any activity
300	regulated under ss. s. 369.20 and 369.22.
301	Section 3.  Effective October 1, 2009, subsections (4)
302	through (7) of section 253.04, Florida Statutes, are renumbered
303	as subsections (5) through (8), respectively, and a new
304	subsection (4) is added to that section to read:
305	253.04  Duty of board to protect, etc., state lands; state
306	may join in any action brought.--
307	(4)(a)  The duty to conserve and improve state-owned lands
308	and the products thereof shall include the preservation and
309	regeneration of seagrass, which is deemed essential to the
310	oceans, gulfs, estuaries, and shorelines of the state. A person
311	operating a vessel outside a lawfully marked channel in a
312	careless manner that causes seagrass scarring within an aquatic
313	preserve established in ss. 258.39-258.399, with the exception
314	of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
315	Springs aquatic preserves, commits a noncriminal infraction,
316	punishable as provided in s. 327.73. Each violation is a
317	separate offense. As used in this subsection, the term:
318	1.  "Seagrass" means Cuban shoal grass (Halodule wrightii),
319	turtle grass (Thalassia testudinum), manatee grass (Syringodium
320	filiforme), star grass (Halophila engelmannii), paddle grass
321	(Halophila decipiens), Johnson's seagrass (Halophila johnsonii),
322	or widgeon grass (Ruppia maritima).
323	2.  "Seagrass scarring" means destruction of seagrass
324	roots, shoots, or stems that results in tracks on the substrate
325	commonly referred to as prop scars or propeller scars caused by
326	the operation of a motorized vessel in waters supporting
327	seagrasses.
328	(b)  Any violation under paragraph (a) is a violation of
329	the vessel laws of this state and shall be charged on a uniform
330	boating citation as provided in s. 327.74. Any person who
331	refuses to post a bond or accept and sign a uniform boating
332	citation commits a misdemeanor of the second degree, as provided
333	in s. 327.73(3), punishable as provided in s. 775.082 or s.
334	775.083.
335	Section 4.  Effective September 1, 2009, subsection (3) of
336	section 319.32, Florida Statutes, is amended to read:
337	319.32  Fees; service charges; disposition.--
338	(3)  The department shall charge a fee of $10 $4 in
339	addition to that charged in subsection (1) for each original
340	certificate of title issued for a vehicle previously registered
341	outside this state.
342	Section 5.  Effective September 1, 2009, paragraphs (a) and
343	(x) of subsection (4) of section 320.08056, Florida Statutes,
344	are amended to read:
345	320.08056  Specialty license plates.--
346	(4)  The following license plate annual use fees shall be
347	collected for the appropriate specialty license plates:
348	(a)  Manatee license plate, $25 $20.
349	(x)  Conserve Wildlife license plate, $25 $15.
350	Section 6.  Subsection (17) of section 327.02, Florida
351	Statutes, is amended to read:
352	327.02  Definitions of terms used in this chapter and in
353	chapter 328.--As used in this chapter and in chapter 328, unless
354	the context clearly requires a different meaning, the term:
355	(17)  "Live-aboard vessel" means:
356	(a)  Any vessel used solely as a residence and not for
357	navigation; or
358	(b)  Any vessel represented as a place of business, or a
359	professional or other commercial enterprise;, or
360	(c)  Any vessel for which a declaration of domicile has
361	been filed pursuant to s. 222.17 a legal residence.
362
363	A commercial fishing boat is expressly excluded from the term
364	"live-aboard vessel."
365	Section 7.  Subsection (4) of section 327.35, Florida
366	Statutes, is amended to read:
367	327.35  Boating under the influence; penalties; "designated
368	drivers".--
369	(1)  A person is guilty of the offense of boating under the
370	influence and is subject to punishment as provided in subsection
371	(2) if the person is operating a vessel within this state and:
372	(a)  The person is under the influence of alcoholic
373	beverages, any chemical substance set forth in s. 877.111, or
374	any substance controlled under chapter 893, when affected to the
375	extent that the person's normal faculties are impaired;
376	(b)  The person has a blood-alcohol level of 0.08 or more
377	grams of alcohol per 100 milliliters of blood; or
378	(c)  The person has a breath-alcohol level of 0.08 or more
379	grams of alcohol per 210 liters of breath.
380	(4)  Any person who is convicted of a violation of
381	subsection (1) and who has a blood-alcohol level or breath-
382	alcohol level of 0.15 0.20 or higher, or any person who is
383	convicted of a violation of subsection (1) and who at the time
384	of the offense was accompanied in the vessel by a person under
385	the age of 18 years, shall be punished:
386	(a)  By a fine of:
387	1.  Not less than $1,000 or more than $2,000 for a first
388	conviction.
389	2.  Not less than $2,000 or more than $4,000 for a second
390	conviction.
391	3.  Not less than $4,000 for a third or subsequent
392	conviction.
393	(b)  By imprisonment for:
394	1.  Not more than 9 months for a first conviction.
395	2.  Not more than 12 months for a second conviction.
396
397	For the purposes of this subsection, only the instant offense is
398	required to be a violation of subsection (1) by a person who has
399	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
400	higher.
401	Section 8.  Paragraph (a) of subsection (2) of section
402	327.36, Florida Statutes, is amended to read:
403	327.36  Mandatory adjudication; prohibition against
404	accepting plea to lesser included offense.--
405	(2)(a)  No trial judge may accept a plea of guilty to a
406	lesser offense from a person who is charged with a violation of
407	s. 327.35, manslaughter resulting from the operation of a
408	vessel, or vessel homicide and who has been given a breath or
409	blood test to determine blood or breath alcohol content, the
410	results of which show a blood-alcohol level or breath-alcohol
411	level of 0.15 0.16 or more.
412	Section 9.  Effective January 1, 2010, subsections (1),
413	(6), and (7) of section 327.395, Florida Statutes, are amended,
414	and subsection (12) is added to that section, to read:
415	327.395  Boating safety identification cards.--
416	(1)  A person born on or after January 1, 1988, 21 years of
417	age or younger may not operate a vessel powered by a motor of 10
418	horsepower or greater unless such person has in his or her
419	possession aboard the vessel photographic identification and a
420	boater safety identification card issued by the commission which
421	shows that he or she has:
422	(a)  Completed a commission-approved boater education
423	course that meets the minimum 8-hour instruction requirement
424	established by the National Association of State Boating Law
425	Administrators;
426	(b)  Passed a course equivalency examination approved by
427	the commission; or
428	(c)  Passed a temporary certificate examination developed
429	or approved by the commission.
430	(6)  A person is exempt from subsection (1) if he or she:
431	(a)  Is licensed by the United States Coast Guard to serve
432	as master of a vessel.
433	(b)  Operates a vessel only on a private lake or pond.
434	(c)  Is accompanied in the vessel by a person who is exempt
435	from this section or who holds an identification card in
436	compliance with this section, is 18 years of age or older, and
437	is attendant to the operation of the vessel and responsible for
438	the safe operation of the vessel and for any violation that
439	occurs during the operation.
440	(d)  Is a nonresident who has in his or her possession
441	proof that he or she has completed a boater education course or
442	equivalency examination in another state which meets or exceeds
443	the requirements of subsection (1).
444	(e)  Is operating a vessel within 90 days after the
445	purchase of that vessel and has available for inspection aboard
446	that vessel a bill of sale meeting the requirements of s.
447	328.46(1).
448	(f)(e)  Is exempted by rule of the commission.
449	(7)  A person who operates a vessel in violation of
450	subsection (1) commits violates this section is guilty of a
451	noncriminal infraction, punishable as provided in s. 327.73.
452	(12)  This section may be cited as the "Osmany 'Ozzie'
453	Castellanos Boating Safety Education Act."
454	Section 10.  Effective October 1, 2009, section 327.40,
455	Florida Statutes, is amended to read:
456	327.40  Uniform waterway markers for safety and navigation;
457	informational markers.--
458	(1)  Waters of this state Waterways in Florida which need
459	marking for safety or navigation purposes shall be marked only
460	in conformity with under the United States Aids to Navigation
461	System, 33 C.F.R. part 62. Until December 31, 2003, channel
462	markers and obstruction markers conforming to the Uniform State
463	Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
464	to be used on waters of this state that are not navigable waters
465	of the United States.
466	(2)(a)  Application for marking inland lakes and state
467	waters and any navigable waters under concurrent jurisdiction of
468	the Coast Guard and the division shall be made to the division,
469	accompanied by a map locating the approximate placement of
470	markers, a list of the markers to be placed, a statement of the
471	specification of the markers, a statement of the purpose of
472	marking, and the names of persons responsible for the placement
473	and upkeep of such markers. The division will assist the
474	applicant to secure the proper permission from the Coast Guard
475	where required, make such investigations as needed, and issue a
476	permit. The division shall furnish the applicant with the
477	information concerning the system adopted and the rules existing
478	for placing and maintaining the markers. The division shall keep
479	records of all approvals given and counsel with individuals,
480	counties, municipalities, motorboat clubs, or other groups
481	desiring to mark waterways for safety and navigation purposes in
482	Florida.
483	(b)1.  No person or municipality, county, or other
484	governmental entity shall place any uniform waterway marker
485	safety or navigation markers in, on, or over the waters or
486	shores of the state without a permit from the division.
487	2.  The placement of information informational markers,
488	including, but not limited to, markers indicating end of boat
489	ramp, no swimming, swimming area, lake name, trash receptacle,
490	public health notice, or underwater hazard and canal,
491	regulatory, emergency, and special event markers, by counties,
492	municipalities, or other governmental entities on inland lakes
493	and their associated canals are exempt from permitting under
494	this section. Such markers, excluding swimming area and special
495	event markers, may be no more than 50 feet from the normal
496	shoreline.
497	(c)  The commission is authorized to adopt rules pursuant
498	to chapter 120 to implement this section.
499	(3)  The placement under this section or s. 327.41 of any
500	uniform waterway marker safety or navigation marker or any
501	informational marker under subparagraph (2)(b)2. on state
502	submerged lands under this section does not subject such lands
503	to the lease requirements of chapter 253.
504	Section 11.  Effective October 1, 2009, subsection (2) of
505	section 327.41, Florida Statutes, is amended to read:
506	327.41  Uniform waterway regulatory markers.--
507	(2)  Any county or municipality which has been granted a
508	boating-restricted restricted area designation, by rule of the
509	commission pursuant to s. 327.46(1)(a), for a portion of the
510	Florida Intracoastal Waterway within its jurisdiction or which
511	has adopted a boating-restricted restricted area by ordinance
512	pursuant to s. 327.46(1)(b) or (c) s. 327.22, s. 327.60, or s.
513	379.2431(2)(p), or any other governmental entity which has
514	legally established a boating-restricted restricted area, may
515	apply to the commission for permission to place regulatory
516	markers within the boating-restricted restricted area.
517	Section 12.  Effective October 1, 2009, section 327.42,
518	Florida Statutes, is amended to read:
519	327.42  Mooring to or damaging of uniform waterway markers
520	or buoys prohibited.--
521	(1)  No person shall moor or fasten a vessel to a lawfully
522	placed uniform waterway aid-to-navigation marker or buoy,
523	regulatory marker or buoy, or area boundary marker or buoy,
524	placed or erected by any governmental agency, except in case of
525	emergency or with the written consent of the marker's owner.
526	(2)  No person shall willfully damage, alter, or move a
527	lawfully placed uniform waterway aid-to-navigation marker or
528	buoy, regulatory marker or buoy, or area boundary marker or
529	buoy.
530	Section 13.  Effective October 1, 2009, section 327.46,
531	Florida Statutes, is amended to read:
532	327.46  Boating-restricted Restricted areas.--
533	(1)  Boating-restricted The commission has the authority to
534	establish by rule, pursuant to chapter 120, restricted areas,
535	including, but not limited to, restrictions of vessel speeds and
536	vessel traffic, may be established on the waters of this the
537	state for any purpose deemed necessary to protect for the safety
538	of the public if, including, but not limited to, vessel speeds
539	and vessel traffic, where such restrictions are deemed necessary
540	based on boating accidents, visibility, hazardous currents or
541	water levels, vessel traffic congestion, or other navigational
542	hazards.
543	(a)  The commission may establish boating-restricted areas
544	by rule pursuant to chapter 120.
545	(b)  Municipalities and counties have the authority to
546	establish the following boating-restricted areas by ordinance:
547	1.  An ordinance establishing an idle speed, no wake
548	boating-restricted area, if the area is:
549	a.  Within 500 feet of any boat ramp, hoist, marine
550	railway, or other launching or landing facility available for
551	use by the general boating public on waterways more than 300
552	feet in width or within 300 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 not exceeding 300
555	feet in width.
556	b.  Within 500 feet of fuel pumps or dispensers at any
557	marine fueling facility that sells motor fuel to the general
558	boating public on waterways more than 300 feet in width or
559	within 300 feet of the fuel pumps or dispensers at any licensed
560	terminal facility that sells motor fuel to the general boating
561	public on waterways not exceeding 300 feet in width.
562	c.  Inside or within 300 feet of any lock structure.
563	2.  An ordinance establishing a slow speed, minimum wake
564	boating-restricted area if the area is:
565	a.  Within 300 feet of any bridge fender system.
566	b.  Within 300 feet of any bridge span presenting a
567	vertical clearance of less than 25 feet or a horizontal
568	clearance of less than 100 feet.
569	c.  On a creek, stream, canal, or similar linear waterway
570	if the waterway is less than 75 feet in width from shoreline to
571	shoreline.
572	d.  On a lake or pond of less than 10 acres in total
573	surface area.
574	3.  An ordinance establishing a vessel-exclusion zone if
575	the area is:
576	a.  Designated as a public bathing beach or swim area.
577	b.  Reserved exclusively as a canoe trail or otherwise
578	limited to vessels under oars.
579	c.  Within 300 feet of a dam, spillway, or flood control
580	structure.
581	(c)  Municipalities and counties have the authority to
582	establish by ordinance the following other boating-restricted
583	areas:
584	1.  An ordinance establishing an idle speed, no wake
585	boating-restricted area, if the area is within 300 feet of a
586	confluence of water bodies presenting a blind corner, a bend in
587	a narrow channel or fairway, or such other area if an
588	intervening obstruction to visibility may obscure other vessels
589	or other users of the waterway.
590	2.  An ordinance establishing a slow speed, minimum wake,
591	or numerical speed limit boating-restricted area if the area is:
592	a.  Within 300 feet of a confluence of water bodies
593	presenting a blind corner, a bend in a narrow channel or
594	fairway, or such other area if an intervening obstruction to
595	visibility may obscure other vessels or other users of the
596	waterway.
597	b.  Subject to unsafe levels of vessel traffic congestion.
598	c.  Subject to hazardous water levels or currents, or
599	containing other navigational hazards.
600	d.  An area that accident reports, uniform boating
601	citations, vessel traffic studies, or other creditable data
602	demonstrate to present a significant risk of collision or a
603	significant threat to boating safety.
604	3.  An ordinance establishing a vessel-exclusion zone if
605	the area is reserved exclusively:
606	a.  As a canoe trail or otherwise limited to vessels under
607	oars or under sail.
608	b.  For a particular activity and user group separation
609	must be imposed to protect the safety of those participating in
610	such activity.
611
612	Any of the ordinances adopted pursuant to this paragraph shall
613	not take effect until the commission has reviewed the ordinance
614	and determined by substantial competent evidence that the
615	ordinance is necessary to protect public safety pursuant to this
616	paragraph. Any application for approval of an ordinance shall be
617	reviewed and acted upon within 90 days after receipt of a
618	completed application. Within 30 days after a municipality or
619	county submits an application for approval to the commission,
620	the commission shall advise the municipality or county as to
621	what information, if any, is needed to deem the application
622	complete. An application shall be considered complete upon
623	receipt of all requested information and correction of any error
624	or omission for which the applicant was timely notified or when
625	the time for such notification has expired. The commission's
626	action on the application shall be subject to review under
627	chapter 120. The commission shall initiate rulemaking no later
628	than January 1, 2010, to provide criteria and procedures for
629	reviewing applications and procedures for providing for public
630	notice and participation pursuant to this paragraph.
631	(2)  Each such boating-restricted restricted area shall be
632	developed in consultation and coordination with the governing
633	body of the county or municipality in which the boating-
634	restricted restricted area is located and, when the boating-
635	restricted area is to be on the navigable waters of the United
636	States where required, with the United States Coast Guard and
637	the United States Army Corps of Engineers.
638	(3)(2)  It is unlawful for any person to operate a vessel
639	in a prohibited manner or to carry on any prohibited activity,
640	as defined in this chapter, deemed a safety hazard or
641	interference with navigation as provided above within a boating-
642	restricted restricted water area which has been clearly marked
643	by regulatory markers as authorized under this chapter.
644	(4)(3)  Restrictions in a boating-restricted area
645	established pursuant to this section shall not apply in the case
646	of an emergency or to a law enforcement, firefighting, or rescue
647	vessel owned or operated by a governmental entity.
648	Section 14.  Effective October 1, 2009, section 327.60,
649	Florida Statutes, is amended to read:
650	327.60  Local regulations; limitations.--
651	(1)  The provisions of this chapter and chapter 328 ss.
652	327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
653	327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
654	govern the operation, equipment, and all other matters relating
655	thereto whenever any vessel shall be operated upon the waters of
656	this state waterways or when any activity regulated hereby shall
657	take place thereon.
658	(2)  Nothing in this chapter or chapter 328 these sections
659	shall be construed to prevent the adoption of any ordinance or
660	local regulation law relating to operation and equipment of
661	vessels, except that a county or municipality shall not enact,
662	continue in effect, or enforce any ordinance or local
663	regulation:
664	(a)  Establishing a vessel or associated equipment
665	performance or other safety standard, imposing a requirement for
666	associated equipment, or regulating the carrying or use of
667	marine safety articles;
668	(b)  Relating to the design, manufacture, installation, or
669	use of any marine sanitation device on any vessel;
670	(c)  Regulating any vessel upon the Florida Intracoastal
671	Waterway;
672	(d)  Discriminating against personal watercraft;
673	(e)  Discriminating against airboats, for ordinances
674	adopted after July 1, 2006, unless adopted by a two-thirds vote
675	of the governing body enacting such ordinance;
676	(f)  Regulating the anchoring of vessels other than live-
677	aboard vessels outside the marked boundaries of mooring fields
678	permitted as provided in s. 327.40;
679	(g)  Regulating engine or exhaust noise, except as provided
680	in s. 327.65; or
681	(h)  That conflicts with any provisions of this chapter or
682	any amendments thereto or rules adopted thereunder. no such
683	ordinance or local law may apply to the Florida Intracoastal
684	Waterway and except that such ordinances or local laws shall be
685	operative only when they are not in conflict with this chapter
686	or any amendments thereto or regulations thereunder. Any
687	ordinance or local law which has been adopted pursuant to this
688	section or to any other state law may not discriminate against
689	personal watercraft as defined in s. 327.02. Effective July 1,
690	2006, any ordinance or local law adopted pursuant to this
691	section or any other state law may not discriminate against
692	airboats except by a two-thirds vote of the governing body
693	enacting such ordinance.
694	(3)(2)  Nothing contained in the provisions of this section
695	shall be construed to prohibit local governmental authorities
696	from the enactment or enforcement of regulations which prohibit
697	or restrict the mooring or anchoring of floating structures or
698	live-aboard vessels within their jurisdictions or of any vessels
699	within the marked boundaries of mooring fields permitted as
700	provided in s. 327.40. However, local governmental authorities
701	are prohibited from regulating the anchoring outside of such
702	mooring fields of vessels other than live-aboard vessels as
703	defined in s. 327.02 non-live-aboard vessels in navigation.
704	Section 15.  Paragraph (a) of subsection (2) of section
705	327.65, Florida Statutes, is amended to read:
706	327.65  Muffling devices.--
707	(2)(a)  Any county wishing to impose additional noise
708	pollution and exhaust regulations on vessels may, pursuant to s.
709	327.60(2)(1), adopt by county ordinance the following
710	regulations:
711	1.  No person shall operate or give permission for the
712	operation of any vessel on the waters of any county or on a
713	specified portion of the waters of any county, including the
714	Florida Intracoastal Waterway, which has adopted the provisions
715	of this section in such a manner as to exceed the following
716	sound levels at a distance of 50 feet from the vessel: for all
717	vessels, a maximum sound level of 90 dB A.
718	2.  Any person who refuses to submit to a sound level test
719	when requested to do so by a law enforcement officer is guilty
720	of a misdemeanor of the second degree, punishable as provided in
721	s. 775.082 or s. 775.083.
722	Section 16.  Section 327.66, Florida Statutes, is created
723	to read:
724	327.66  Carriage of gasoline on vessels.--
725	(1)(a)  A person shall not:
726	1.  Possess or operate any vessel that has been equipped
727	with tanks, bladders, drums, or other containers designed or
728	intended to hold gasoline, or install or maintain such
729	containers in a vessel, if such containers do not conform to
730	federal regulations or have not been approved by the United
731	States Coast Guard by inspection or special permit.
732	2.  Transport any gasoline in an approved portable
733	container when the container is in a compartment that is not
734	ventilated in strict compliance with United States Coast Guard
735	regulations pertaining to ventilation of compartments containing
736	gasoline tanks.
737	(b)  A person who violates paragraph (a) commits a
738	misdemeanor of the second degree, punishable as provided in s.
739	775.082 or s. 775.083.
740	(2)(a)  Gasoline possessed or transported in violation of
741	this section and all containers holding such gasoline are
742	declared to be a public nuisance. A law enforcement agency
743	discovering gasoline possessed or transported in violation of
744	paragraph (1)(a) shall abate the nuisance by removing the
745	gasoline and containers from the vessel and from the waters of
746	this state. A law enforcement agency that removes gasoline or
747	containers pursuant to this subsection may elect to:
748	1.  Retain the property for the agency's own use;
749	2.  Transfer the property to another unit of state or local
750	government;
751	3.  Donate the property to a charitable organization; or
752	4.  Sell the property at public sale pursuant to s.
753	705.103.
754	(b)  A law enforcement agency that seizes gasoline or
755	containers pursuant to this subsection shall remove and reclaim,
756	recycle, or otherwise dispose of the gasoline as soon as
757	practicable in a safe and proper manner.
758	(3)  All conveyances, vessels, vehicles, and other
759	equipment described in paragraph (1)(a) or used in the
760	commission of a violation of paragraph (1)(a), other than
761	gasoline or containers removed as provided in subsection (2),
762	are declared to be contraband.
763	(a)  Upon conviction of a person arrested for a violation
764	of paragraph (1)(a), the judge shall issue an order adjudging
765	and ordering that all conveyances, vessels, vehicles, and other
766	equipment used in the violation shall be forfeited to the
767	arresting agency. The requirement for a conviction before
768	forfeiture of property establishes to the exclusion of any
769	reasonable doubt that the property was used in connection with
770	the violation resulting in the conviction, and the procedures of
771	chapter 932 do not apply to any forfeiture of property under
772	this subsection following a conviction.
773	(b)  In the absence of an arrest or conviction, any such
774	conveyance, vessel, vehicle, or other equipment used in
775	violation of paragraph (1)(a) shall be subject to seizure and
776	forfeiture as provided by the Florida Contraband Forfeiture Act.
777	(c)  As used in this subsection, the term "conviction"
778	means a finding of guilt or the acceptance of a plea of guilty
779	or nolo contendere, regardless of whether adjudication is
780	withheld or whether imposition of sentence is withheld,
781	deferred, or suspended.
782	(4)  All costs incurred by the law enforcement agency in
783	the removal of any gasoline, gasoline container, other
784	equipment, or vessel as provided in this section shall be
785	recoverable against the owner thereof. Any person who neglects
786	or refuses to pay such amount shall not be issued a certificate
787	of registration for such vessel or for any other vessel or motor
788	vehicle until the costs have been paid.
789	(5)  Foreign flagged vessels entering United States waters
790	and waters of this state in compliance with 19 U.S.C. s. 1433
791	are exempt from this section.
792	Section 17.  Effective October 1, 2009, section 327.70,
793	Florida Statutes, is amended to read:
794	327.70  Enforcement of this chapter and chapter 328.--
795	(1)  This chapter and chapter 328 shall be enforced by the
796	Division of Law Enforcement of the Fish and Wildlife
797	Conservation Commission and its officers, the sheriffs of the
798	various counties and their deputies, municipal police officers,
799	and any other authorized law enforcement officer as defined in
800	s. 943.10, all of whom may order the removal of vessels deemed
801	to be an interference or a hazard to public safety, enforce the
802	provisions of this chapter and chapter 328, or cause any
803	inspections to be made of all vessels in accordance with this
804	chapter and chapter 328.
805	(2)(a)  Noncriminal violations of the following statutes
806	may be enforced by a uniform boating citation mailed to the
807	registered owner of an unattended vessel anchored, aground, or
808	moored on the waters of this state:
809	1.  Section 327.33(3)(b), relating to navigation rules.
810	2.  Section 327.44, relating to interference with
811	navigation.
812	3.  Section 327.50(2), relating to required lights and
813	shapes.
814	4.  Section 327.53, relating to marine sanitation.
815	5.  Section 328.48(5), relating to display of decal.
816	6.  Section 328.52(2), relating to display of number.
817	(b)  Citations issued to livery vessels under this
818	subsection shall be the responsibility of the lessee of the
819	vessel if the livery has included a warning of this
820	responsibility as a part of the rental agreement and has
821	provided to the agency issuing the citation the name, address,
822	and date of birth of the lessee when requested by that agency.
823	The livery is not responsible for the payment of citations if
824	the livery provides the required warning and lessee information.
825	(3)(2)  Such officers shall have the power and duty to
826	issue such orders and to make such investigations, reports, and
827	arrests in connection with any violation of the provisions of
828	this chapter and chapter 328 as are necessary to effectuate the
829	intent and purpose of this chapter and chapter 328.
830	(4)(3)  The Fish and Wildlife Conservation Commission or
831	any other law enforcement agency may make any investigation
832	necessary to secure information required to carry out and
833	enforce the provisions of this chapter and chapter 328.
834	Section 18.  Effective October 1, 2009, paragraph (k) of
835	subsection (1) of section 327.73, Florida Statutes, is amended,
836	and paragraph (x) is added to that subsection, to read:
837	327.73  Noncriminal infractions.--
838	(1)  Violations of the following provisions of the vessel
839	laws of this state are noncriminal infractions:
840	(k)  Violations relating to boating-restricted restricted
841	areas and speed limits:
842	1.  Established by the commission or by local governmental
843	authorities pursuant to s. 327.46.
844	2.  Established by local governmental authorities pursuant
845	to s. 327.22 or s. 327.60.
846	2.3.  Speed limits established pursuant to s. 379.2431(2).
847	(x)  Section 253.04(4)(a), relating to carelessly causing
848	seagrass scarring, for which the civil penalty upon conviction
849	is:
850	1.  For a first offense, $50.
851	2.  For a second offense occurring within 12 months after a
852	prior conviction, $250.
853	3.  For a third offense occurring within 36 months after a
854	prior conviction, $500.
855	4.  For a fourth or subsequent offense occurring within 72
856	months after a prior conviction, $1,000.
857
858	Any person cited for a violation of any such provision shall be
859	deemed to be charged with a noncriminal infraction, shall be
860	cited for such an infraction, and shall be cited to appear
861	before the county court. The civil penalty for any such
862	infraction is $50, except as otherwise provided in this section.
863	Any person who fails to appear or otherwise properly respond to
864	a uniform boating citation shall, in addition to the charge
865	relating to the violation of the boating laws of this state, be
866	charged with the offense of failing to respond to such citation
867	and, upon conviction, be guilty of a misdemeanor of the second
868	degree, punishable as provided in s. 775.082 or s. 775.083. A
869	written warning to this effect shall be provided at the time
870	such uniform boating citation is issued.
871	Section 19.  Subsection (1) of section 327.731, Florida
872	Statutes, is amended to read:
873	327.731  Mandatory education for violators.--
874	(1)  Every person convicted of a criminal violation of this
875	chapter, every person convicted of a noncriminal infraction
876	under this chapter if the infraction resulted in a reportable
877	boating accident, and every person convicted of two noncriminal
878	infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
879	and (s)-(x)(s)-(w), said infractions occurring within a 12-month
880	period, must:
881	(a)  Enroll in, attend, and successfully complete, at his
882	or her own expense, a boating safety course that meets minimum
883	standards established by the commission by rule; however, the
884	commission may provide by rule pursuant to chapter 120 for
885	waivers of the attendance requirement for violators residing in
886	areas where classroom presentation of the course is not
887	available;
888	(b)  File with the commission within 90 days proof of
889	successful completion of the course;
890	(c)  Refrain from operating a vessel until he or she has
891	filed the proof of successful completion of the course with the
892	commission.
893
894	Any person who has successfully completed an approved boating
895	course shall be exempt from these provisions upon showing proof
896	to the commission as specified in paragraph (b).
897	Section 20.  Effective October 1, 2009, subsections (1) and
898	(2) of section 328.03, Florida Statutes, are amended to read:
899	328.03  Certificate of title required.--
900	(1)  Each vessel that is operated, used, or stored on the
901	waters of this state must be titled by this state pursuant to
902	this chapter, unless it is:
903	(a)  A vessel operated, used, or stored exclusively on
904	private lakes and ponds;.
905	(b)  A vessel owned by the United States Government;.
906	(c)  A non-motor-powered vessel less than 16 feet in
907	length;.
908	(d)  A federally documented vessel;.
909	(e)  A vessel already covered by a registration number in
910	full force and effect which was awarded to it pursuant to a
911	federally approved numbering system of another state or by the
912	United States Coast Guard in a state without a federally
913	approved numbering system, if the vessel is not located in this
914	state for a period in excess of 90 consecutive days;.
915	(f)  A vessel from a country other than the United States
916	temporarily used, operated, or stored on using the waters of
917	this state for a period that is not in excess of 90 days;.
918	(g)  An amphibious vessel for which a vehicle title is
919	issued by the Department of Highway Safety and Motor Vehicles;.
920	(h)  A vessel used solely for demonstration, testing, or
921	sales promotional purposes by the manufacturer or dealer; or.
922	(i)  A vessel owned and operated by the state or a
923	political subdivision thereof.
924	(2)  A person shall not operate, use, or store a vessel for
925	which a certificate of title is required unless the owner has
926	received from the Department of Highway Safety and Motor
927	Vehicles a valid certificate of title for such vessel. However,
928	such vessel may be operated, used, or stored for a period of up
929	to 180 days after from the date of application for a certificate
930	of title while the application is pending.
931	Section 21.  Effective October 1, 2009, subsections (1) and
932	(2) of section 328.07, Florida Statutes, are amended to read:
933	328.07  Hull identification number required.--
934	(1)  No person shall operate, use, or store on the waters
935	of this state a vessel the construction of which began after
936	October 31, 1972, for which the department has issued a
937	certificate of title or which is required by law to be
938	registered, unless the vessel displays the assigned hull
939	identification number affixed by the manufacturer as required by
940	the United States Coast Guard or by the department for a
941	homemade vessel or other vessel for which a hull identification
942	number is not required by the United States Coast Guard. The
943	hull identification number must be carved, burned, stamped,
944	embossed, or otherwise permanently affixed to the outboard side
945	of the transom or, if there is no transom, to the outermost
946	starboard side at the end of the hull that bears the rudder or
947	other steering mechanism, above the waterline of the vessel in
948	such a way that alteration, removal, or replacement would be
949	obvious and evident. The characters of the hull identification
950	number must be no less than 12 in number and no less than one-
951	fourth inch in height.
952	(2)  No person shall operate, use, or store on the waters
953	of this state a vessel the construction of which was completed
954	before November 1, 1972, for which the department has issued a
955	certificate of title or which is required by law to be
956	registered, unless the vessel displays a hull identification
957	number. The hull identification number shall be clearly
958	imprinted in the transom or on the hull by stamping, impressing,
959	or marking with pressure. In lieu of imprinting, the hull
960	identification number may be displayed on a plate in a permanent
961	manner. A vessel for which the manufacturer has provided no hull
962	identification number or a homemade vessel shall be assigned a
963	hull identification number by the department which shall be
964	affixed to the vessel pursuant to this section.
965	Section 22.  Effective October 1, 2009, section 328.46,
966	Florida Statutes, is amended to read:
967	328.46  Operation of registered vessels.--
968	(1)  Every vessel that is required to be registered and
969	that is being operated, used, or stored on using the waters of
970	this state shall be registered and numbered within 30 days after
971	purchase by the owner except as specifically exempt. During this
972	30-day period, the operator is required to have aboard the
973	vessel and available for inspection a bill of sale. The bill of
974	sale for the vessel shall serve as the temporary certificate of
975	number that is required by federal law and must contain the
976	following information:
977	(a)  Make of the vessel.
978	(b)  Length of the vessel.
979	(c)  Type of propulsion.
980	(d)  Hull identification number.
981	(e)  A statement declaring Florida to be the state where
982	the vessel is principally used.
983	(f)  Name of the purchaser.
984	(g)  Address of the purchaser, including ZIP code.
985	(h)  Signature of the purchaser.
986	(i)  Name of the seller.
987	(j)  Signature of the seller.
988	(k)  Date of the sale of the vessel. The date of sale shall
989	also serve as the date of issuance of the temporary certificate
990	of number.
991	(l)  Notice to the purchaser and operator that the
992	temporary authority to use the vessel on the waters of this
993	state is invalid after 30 days following the date of sale of the
994	vessel.
995	(2)  No person shall operate, use, or store or give
996	permission for the operation, use, or storage of any such vessel
997	on such waters unless:
998	(a)  Such vessel is registered within 30 days after
999	purchase by the owner and numbered with the identifying number
1000	set forth in the certificate of registration, displayed:
1001	1.  In accordance with s. 328.48(4), except, if the vessel
1002	is an airboat, the registration number may be displayed on each
1003	side of the rudder; or
1004	2.  In accordance with 33 C.F.R. s. 173.27, or with a
1005	federally approved numbering system of another state; and
1006	(b)  The certificate of registration or temporary
1007	certificate of number awarded to such vessel is in full force
1008	and effect.
1009	Section 23.  Effective October 1, 2009, subsection (2) of
1010	section 328.48, Florida Statutes, is amended to read:
1011	328.48  Vessel registration, application, certificate,
1012	number, decal, duplicate certificate.--
1013	(2)  Each vessel operated, All vessels used, or stored on
1014	the waters of this the state must be registered as a, either
1015	commercial vessel or recreational vessel as defined in s. 327.02
1016	this chapter, unless it is except as follows:
1017	(a)  A vessel operated, used, and stored exclusively on
1018	private lakes and ponds;.
1019	(b)  A vessel owned by the United States Government;.
1020	(c)  A vessel used exclusively as a ship's lifeboat; or.
1021	(d)  A non-motor-powered vessel less than 16 feet in
1022	length, or a and any non-motor-powered canoe, kayak, racing
1023	shell, or rowing scull, regardless of length.
1024	Section 24.  Effective October 1, 2009, section 328.56,
1025	Florida Statutes, is amended to read:
1026	328.56  Vessel registration number.--Each vessel that is
1027	operated, used, or stored on the waters of this the state must
1028	display a commercial or recreational Florida registration
1029	number, unless it is:
1030	(1)  A vessel operated, used, and stored exclusively on
1031	private lakes and ponds;.
1032	(2)  A vessel owned by the United States Government;.
1033	(3)  A vessel used exclusively as a ship's lifeboat;.
1034	(4)  A non-motor-powered vessel less than 16 feet in
1035	length, or a and any non-motor-powered canoe, kayak, racing
1036	shell, or rowing scull, regardless of length;.
1037	(5)  A federally documented vessel;.
1038	(6)  A vessel already covered by a registration number in
1039	full force and effect which has been awarded to it pursuant to a
1040	federally approved numbering system of another state or by the
1041	United States Coast Guard in a state without a federally
1042	approved numbering system, if the vessel has not been within
1043	this state for a period in excess of 90 consecutive days;.
1044	(7)  A vessel operating under a valid temporary certificate
1045	of number;.
1046	(8)  A vessel from a country other than the United States
1047	temporarily using the waters of this state; or.
1048	(9)  An undocumented vessel used exclusively for racing.
1049	Section 25.  Effective October 1, 2009, section 328.58,
1050	Florida Statutes, is amended to read:
1051	328.58  Reciprocity of nonresident or alien vessels.--The
1052	owner of any vessel already covered by a registration number in
1053	full force and effect which has been awarded by:
1054	(1)  By Another state pursuant to a federally approved
1055	numbering system of another state;
1056	(2)  By The United States Coast Guard in a state without a
1057	federally approved numbering system; or
1058	(3)  By The United States Coast Guard for a federally
1059	documented vessel with a valid registration in full force and
1060	effect from another state,
1061
1062	shall record the number with the Department of Highway Safety
1063	and Motor Vehicles prior to operating, using, or storing the
1064	vessel on the waters of this state in excess of the 90-day
1065	reciprocity period provided for in this chapter. Such
1066	recordation shall be pursuant to the procedure required for the
1067	award of an original registration number, except that no
1068	additional or substitute registration number shall be issued if
1069	the vessel owner maintains the previously awarded registration
1070	number in full force and effect.
1071	Section 26.  Effective October 1, 2009, section 328.60,
1072	Florida Statutes, is amended to read:
1073	328.60  Military personnel; registration; penalties.--Any
1074	military personnel on active duty in this state operating,
1075	using, or storing a vessel on the waters of this state that has
1076	a registration number in full force and effect which has been
1077	awarded to it pursuant to a federally approved numbering system
1078	of another state or by the United States Coast Guard in a state
1079	without a federally approved numbering system, or a federally
1080	documented vessel with a valid registration in full force and
1081	effect from another state shall not be required to register his
1082	or her vessel in this state while such certificate of
1083	registration remains valid; but, at the expiration of such
1084	registration certificate, all registration and titling shall be
1085	issued by this state. In the case of a federally documented
1086	vessel, the issuance of a title is not required by this chapter.
1087	Section 27.  Effective October 1, 2009, section 328.65,
1088	Florida Statutes, is amended to read:
1089	328.65  Legislative intent with respect to registration and
1090	numbering of vessels.--It is the legislative intent that vessels
1091	be registered and numbered uniformly throughout the state. The
1092	purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
1093	328.72 is to make registration and numbering procedures similar
1094	to those of automobiles and airplanes and to provide for a
1095	vessel registration fee and certificate so as to determine the
1096	ownership of vessels which are operated, used, or stored operate
1097	on the waters of this state and to aid in the advancement of
1098	maritime safety.
1099	Section 28.  Effective October 1, 2009, subsection (1) of
1100	section 328.66, Florida Statutes, is amended to read:
1101	328.66  County and municipality optional registration
1102	fee.--
1103	(1)  Any county may impose an annual registration fee on
1104	vessels registered, operated, used, or stored on the waters of
1105	this state in the water within its jurisdiction. This fee shall
1106	be 50 percent of the applicable state registration fee. However,
1107	the first $1 of every registration imposed under this subsection
1108	shall be remitted to the state for deposit in the Save the
1109	Manatee Trust Fund created within the Fish and Wildlife
1110	Conservation Commission, and shall be used only for the purposes
1111	specified in s. 379.2431(4). All other moneys received from such
1112	fee shall be expended for the patrol, regulation, and
1113	maintenance of the lakes, rivers, and waters and for other
1114	boating-related activities of such municipality or county. A
1115	municipality that was imposing a registration fee before April
1116	1, 1984, may continue to levy such fee, notwithstanding the
1117	provisions of this section.
1118	Section 29.  Effective October 1, 2009, subsection (13) of
1119	section 328.72, Florida Statutes, is amended to read:
1120	328.72  Classification; registration; fees and charges;
1121	surcharge; disposition of fees; fines; marine turtle stickers.--
1122	(13)  EXPIRED REGISTRATION.--The operation, use, or storage
1123	on the waters of this state of a previously registered vessel
1124	after the expiration of the registration period is a noncriminal
1125	violation, as defined in s. 327.73. This subsection does not
1126	apply to vessels lawfully stored at a dock or in a marina.
1127	Section 30.  Subsections (13) and (14) are added to section
1128	369.20, Florida Statutes, to read:
1129	369.20  Florida Aquatic Weed Control Act.--
1130	(13)  The commission has the power to enforce this section
1131	in the same manner and to the same extent as provided in ss.
1132	379.501-379.504.
1133	(14)  Activities that are exempt from permitting pursuant
1134	to s. 403.813(1)(r) are granted a mixing zone for turbidity for
1135	a distance not to exceed 150 meters downstream in flowing
1136	streams or 150 meters in radius in other water bodies as
1137	measured from the cutterhead, return flow discharge, or other
1138	points of generation of turbidity.
1139	Section 31.  Subsections (13) and (14) are added to section
1140	369.22, Florida Statutes, to read:
1141	369.22  Aquatic plant management.--
1142	(13)  The commission has the power to enforce this section
1143	in the same manner and to the same extent as provided in ss.
1144	379.501-379.504.
1145	(14)  Activities that are exempt from permitting pursuant
1146	to s. 403.813(1)(r) are granted a mixing zone for turbidity for
1147	a distance not to exceed 150 meters downstream in flowing
1148	streams or 150 meters in radius in other water bodies as
1149	measured from the cutterhead, return flow discharge, or other
1150	points of generation of turbidity.
1151	Section 32.  Paragraph (j) of subsection (3) of section
1152	369.25, Florida Statutes, is amended to read:
1153	369.25  Aquatic plants; definitions; permits; powers of
1154	department; penalties.--
1155	(3)  The department has the following powers:
1156	(j)  To enforce this section and s. 369.251 this chapter in
1157	the same manner and to the same extent as provided in s.
1158	581.211.
1159	Section 33.  Subsections (1) and (5) of section 379.304,
1160	Florida Statutes, are amended to read:
1161	379.304  Exhibition or sale of wildlife.--
1162	(1)  Permits issued pursuant to s. 379.3761 this section
1163	and places where wildlife is kept or held in captivity shall be
1164	subject to inspection by officers of the commission at all
1165	times. The commission shall have the power to release or
1166	confiscate any specimens of any wildlife, specifically birds,
1167	mammals, amphibians, or reptiles, whether indigenous to the
1168	state or not, when it is found that conditions under which they
1169	are being confined are unsanitary, or unsafe to the public in
1170	any manner, or that the species of wildlife are being
1171	maltreated, mistreated, or neglected or kept in any manner
1172	contrary to the provisions of chapter 828, any such permit to
1173	the contrary notwithstanding. Before any such wildlife is
1174	confiscated or released under the authority of this section, the
1175	owner thereof shall have been advised in writing of the
1176	existence of such unsatisfactory conditions; the owner shall
1177	have been given 30 days in which to correct such conditions; the
1178	owner shall have failed to correct such conditions; the owner
1179	shall have had an opportunity for a proceeding pursuant to
1180	chapter 120; and the commission shall have ordered such
1181	confiscation or release after careful consideration of all
1182	evidence in the particular case in question. The final order of
1183	the commission shall constitute final agency action.
1184	(5)  A violation of this section is punishable as provided
1185	by s. 379.4015 379.401.
1186	Section 34.  Section 379.338, Florida Statutes, is amended
1187	to read:
1188	379.338  Confiscation and disposition of illegally taken
1189	wildlife, freshwater fish, and saltwater fish game.--
1190	(1)  All wildlife, game and freshwater fish, and saltwater
1191	fish seized under the authority of this chapter, any other
1192	chapter, or rules of the commission shall, upon conviction of
1193	the offender or sooner in accordance with a court order if the
1194	court so orders, be forfeited to the investigating law
1195	enforcement agency. The law enforcement agency may elect to
1196	retain the wildlife, freshwater fish, or saltwater fish for the
1197	agency's official use; transfer it to another unit of state or
1198	local government for official use; donate it to a charitable
1199	organization; sell it at a public sale pursuant to s. 705.103;
1200	or destroy the wildlife, freshwater fish, or saltwater fish if
1201	none of the other options is practicable or if the wildlife,
1202	freshwater fish, or saltwater fish is unwholesome or otherwise
1203	not of appreciable value. All illegally possessed live wildlife,
1204	freshwater fish, and saltwater fish that are properly documented
1205	as evidence as provided in s. 379.3381 may be returned to the
1206	habitat unharmed. Any unclaimed wildlife, freshwater fish, or
1207	saltwater fish shall be retained by the investigating law
1208	enforcement agency and disposed of in accordance with this
1209	subsection and given to some hospital or charitable institution
1210	and receipt therefor sent to the Fish and Wildlife Conservation
1211	Commission.
1212	(2)  All furs or hides or fur-bearing animals seized under
1213	the authority of this chapter shall, upon conviction of the
1214	offender, be forfeited and sent to the commission, which shall
1215	sell the same and deposit the proceeds of such sale to the
1216	credit of the State Game Trust Fund. If any such hides or furs
1217	are seized and the offender is unknown, the court shall order
1218	such hides or furs sent to the Fish and Wildlife Conservation
1219	commission, which shall sell such hides and furs.
1220	(3)  Except as otherwise provided by law, and deposit the
1221	proceeds of any such sale under this section shall be deposited
1222	in to the credit of the State Game Trust Fund or the Marine
1223	Resources Conservation Trust Fund.
1224	(4)  Any state, county, or municipal law enforcement agency
1225	that enforces or assists the commission in enforcing this
1226	chapter, which enforcement results in a forfeiture of property
1227	as provided in this section, is entitled to receive all or a
1228	share of any property based upon its participation in the
1229	enforcement.
1230	Section 35.  Section 379.3381, Florida Statutes, is created
1231	to read:
1232	379.3381  Photographic evidence of illegally taken
1233	wildlife, freshwater fish, and saltwater fish.--In any
1234	prosecution for a violation of this chapter, any other chapter,
1235	or rules of the commission, a photograph of illegally taken
1236	wildlife, freshwater fish, or saltwater fish may be deemed
1237	competent evidence of such property and may be admissible in the
1238	prosecution to the same extent as if such wildlife, freshwater
1239	fish, or saltwater fish were introduced as evidence. Such
1240	photograph shall bear a written description of the wildlife,
1241	freshwater fish, or saltwater fish alleged to have been
1242	illegally taken, the name of the violator, the location where
1243	the alleged illegal taking occurred, the name of the
1244	investigating law enforcement officer, the date the photograph
1245	was taken, and the name of the photographer. Such writing shall
1246	be made under oath by the investigating law enforcement officer,
1247	and the photograph shall be identified by the signature of the
1248	photographer.
1249	Section 36.  Effective August 1, 2009, paragraphs (n)
1250	through (q) of subsection (2) of section 379.353, Florida
1251	Statutes, are redesignated as paragraphs (m) through (p),
1252	respectively, and paragraphs (h) and (m) of that subsection are
1253	amended to read:
1254	379.353  Recreational licenses and permits; exemptions from
1255	fees and requirements.--
1256	(2)  A hunting, freshwater fishing, or saltwater fishing
1257	license or permit is not required for:
1258	(h)  Any resident saltwater fishing from land or from a
1259	structure fixed to the land who has been determined eligible for
1260	the food stamp, temporary cash assistance, or Medicaid programs
1261	by the Department of Children and Family Services. A benefit
1262	issuance or program identification card issued by the Department
1263	of Children and Family Services or the Agency for Health Care
1264	Administration shall serve as proof of program eligibility. The
1265	individual must have the benefit issuance or program
1266	identification card and positive proof of identification in her
1267	or his possession when fishing.
1268	(m)  Any resident fishing for a saltwater species in fresh
1269	water from land or from a structure fixed to land.
1270	Section 37.  Effective July 1, 2010, paragraphs (h), (i),
1271	and (j) of subsection (4) and subsections (8), (11), and (12) of
1272	section 379.354, Florida Statutes, are amended, and effective
1273	July 15, 2009, paragraph (k) is added to subsection (4) of that
1274	section, to read:
1275	379.354  Recreational licenses, permits, and authorization
1276	numbers; fees established.--
1277	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
1278	and fees for residents participating in hunting and fishing
1279	activities in this state are as follows:
1280	(h)  Annual sportsman's license, $79, except that an annual
1281	sportsman's license for a resident 64 years of age or older is
1282	$12. A sportsman's license authorizes the person to whom it is
1283	issued to take game and freshwater fish, subject to the state
1284	and federal laws, rules, and regulations, including rules of the
1285	commission, in effect at the time of the taking. Other
1286	authorized activities include activities authorized by a
1287	management area permit, a muzzle-loading gun season permit, a
1288	crossbow season permit, a turkey permit, a Florida waterfowl
1289	permit, a deer permit, and an archery season permit.
1290	(i)  Annual gold sportsman's license, $98.50. The gold
1291	sportsman's license authorizes the person to whom it is issued
1292	to take freshwater fish, saltwater fish, and game, subject to
1293	the state and federal laws, rules, and regulations, including
1294	rules of the commission, in effect at the time of taking. Other
1295	authorized activities include activities authorized by a
1296	management area permit, a muzzle-loading gun season permit, a
1297	crossbow season permit, a turkey permit, a Florida waterfowl
1298	permit, a deer permit, an archery season permit, a snook permit,
1299	and a spiny lobster permit.
1300	(j)  Annual military gold sportsman's license, $18.50. The
1301	gold sportsman's license authorizes the person to whom it is
1302	issued to take freshwater fish, saltwater fish, and game,
1303	subject to the state and federal laws, rules, and regulations,
1304	including rules of the commission, in effect at the time of
1305	taking. Other authorized activities include activities
1306	authorized by a management area permit, a muzzle-loading gun
1307	season permit, a crossbow season permit, a turkey permit, a
1308	Florida waterfowl permit, a deer permit, an archery season
1309	permit, a snook permit, and a spiny lobster permit. Any resident
1310	who is an active or retired member of the United States Armed
1311	Forces, the United States Armed Forces Reserve, the National
1312	Guard, the United States Coast Guard, or the United States Coast
1313	Guard Reserve is eligible to purchase the military gold
1314	sportsman's license upon submission of a current military
1315	identification card.
1316	(k)  Annual resident shoreline fishing license, $7.50. The
1317	annual resident shoreline fishing license allows any resident to
1318	saltwater fish from land or from a structure fixed to the land.
1319	This license is not required for any resident issued any other
1320	license identified in this section that allows the take of
1321	saltwater fish.
1322	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
1323	PERMITS.--In order to ensure that the cultural heritage of
1324	hunting and sport fishing as recognized in s. 379.104 is passed
1325	on to future Floridians, the commission shall use up to 10
1326	percent of the proceeds from the hunting and sport fishing
1327	permits issued pursuant to this subsection to promote hunting
1328	and sport fishing activities with an emphasis on youth
1329	participation. In addition to any license required under this
1330	chapter, the following permits and fees for specified hunting,
1331	fishing, and other recreational uses and activities are
1332	required:
1333	(a)  An annual Florida waterfowl permit for a resident or
1334	nonresident to take wild ducks or geese within the state or its
1335	coastal waters is $5 $3. Revenue generated from the sale of
1336	waterfowl permits or that pro rata portion of any license that
1337	includes waterfowl hunting privileges provided for in this
1338	paragraph shall be used for conservation, research, and
1339	management of waterfowl; for the development, restoration,
1340	maintenance, and preservation of wetlands within the state; or
1341	to promote the cultural heritage of hunting.
1342	(b)1.  An annual Florida turkey permit for a resident to
1343	take wild turkeys within the state is $10 $5. Revenue generated
1344	from the sale of resident wild turkey permits or that pro rata
1345	portion of any license that includes turkey hunting privileges
1346	provided for in this subparagraph shall be used for the
1347	conservation, research, and management of wild turkeys or to
1348	promote the cultural heritage of hunting.
1349	2.  An annual Florida turkey permit for a nonresident to
1350	take wild turkeys within the state is $125 $100. Revenue
1351	generated from the sale of nonresident wild turkey permits or
1352	that pro rata portion of any license that includes turkey
1353	hunting privileges provided for in this subparagraph shall be
1354	used for the conservation, research, and management of wild
1355	turkeys or to promote the cultural heritage of hunting.
1356	(c)  An annual snook permit for a resident or nonresident
1357	to take or possess any snook from any waters of the state is $10
1358	$2. Revenue generated from the sale of snook permits shall be
1359	used exclusively for programs to benefit the snook population.
1360	(d)  An annual spiny lobster permit for a resident or
1361	nonresident to take or possess any spiny lobster for
1362	recreational purposes from any waters of the state is $5 $2.
1363	Revenue generated from the sale of spiny lobster permits shall
1364	be used exclusively for programs to benefit the spiny lobster
1365	population.
1366	(e)  A $5 fee is imposed for each of the following permits:
1367	1.  An annual archery season permit for a resident or
1368	nonresident to hunt within the state during any archery season
1369	authorized by the commission.
1370	2.  An annual crossbow season permit for a resident or
1371	nonresident to hunt within the state during any crossbow season
1372	authorized by the commission.
1373	3.  An annual muzzle-loading gun season permit for a
1374	resident or nonresident to hunt within the state during any
1375	muzzle-loading gun season authorized by the commission.
1376	(f)  A special use permit for a resident or nonresident to
1377	participate in limited entry hunting or fishing activities as
1378	authorized by commission rule shall not exceed $150 $100 per day
1379	or $300 $250 per week. Notwithstanding any other provision of
1380	this chapter, there are no exclusions, exceptions, or exemptions
1381	from this permit fee. In addition to the permit fee, the
1382	commission may charge each special use permit applicant a
1383	nonrefundable application fee not to exceed $10.
1384	(g)1.  A management area permit for a resident or
1385	nonresident to hunt on, fish on, or otherwise use for outdoor
1386	recreational purposes land owned, leased, or managed by the
1387	commission, or by the state for the use and benefit of the
1388	commission, shall not exceed $30 $25 per year.
1389	2.  Permit fees for short-term use of land that is owned,
1390	leased, or managed by the commission may be established by rule
1391	of the commission for activities on such lands. Such permits may
1392	be in lieu of, or in addition to, the annual management area
1393	permit authorized in subparagraph 1. and subparagraph 4.
1394	3.  Other than for hunting or fishing, the provisions of
1395	this paragraph shall not apply on any lands not owned by the
1396	commission, unless the commission has obtained the written
1397	consent of the owner or primary custodian of such lands.
1398	4.  A management area permit for a resident or nonresident
1399	to hike, camp, or otherwise engage in other outdoor recreational
1400	activities, except hunting or fishing, on management area lands
1401	shall not exceed $5 per day or $30 per year.
1402	(h)1.  A recreational user permit is required to hunt on,
1403	fish on, or otherwise use for outdoor recreational purposes land
1404	leased by the commission from private nongovernmental owners,
1405	except for those lands located directly north of the
1406	Apalachicola National Forest, east of the Ochlocknee River until
1407	the point the river meets the dam forming Lake Talquin, and
1408	south of the closest federal highway. The fee for a recreational
1409	user permit shall be based upon the economic compensation
1410	desired by the landowner, game population levels, desired hunter
1411	density, and administrative costs. The permit fee shall be set
1412	by commission rule on a per-acre basis. The recreational user
1413	permit fee, less administrative costs of up to $30 $25 per
1414	permit, shall be remitted to the landowner as provided in the
1415	lease agreement for each area.
1416	2.  One minor dependent under 16 years of age may hunt
1417	under the supervision of the permittee and is exempt from the
1418	recreational user permit requirements. The spouse and dependent
1419	children of a permittee are exempt from the recreational user
1420	permit requirements when engaged in outdoor recreational
1421	activities other than hunting and when accompanied by a
1422	permittee. Notwithstanding any other provision of this chapter,
1423	no other exclusions, exceptions, or exemptions from the
1424	recreational user permit fee are authorized.
1425	(i)  An annual deer permit for a resident or nonresident to
1426	take deer within the state during any season authorized by the
1427	commission is $5. Revenue generated from the sale of deer
1428	permits shall be used for the conservation, research, and
1429	management of white-tailed deer or to promote the cultural
1430	heritage of hunting.
1431
1432	The commission shall prepare an annual report documenting the
1433	use of funds generated pursuant to paragraphs (a) and (b) and
1434	shall submit the report to the Governor, the Speaker of the
1435	House of Representatives, and the President of the Senate no
1436	later than September 1 of each year.
1437	(11)  RESIDENT LIFETIME HUNTING LICENSES.--
1438	(a)  Lifetime hunting licenses are available to residents
1439	only, as follows, for:
1440	1.  Persons 4 years of age or younger, for a fee of $200.
1441	2.  Persons 5 years of age or older, but under 13 years of
1442	age, for a fee of $350.
1443	3.  Persons 13 years of age or older, for a fee of $500.
1444	(b)  The following activities are authorized by the
1445	purchase of a lifetime hunting license:
1446	1.  Taking, or attempting to take or possess, game
1447	consistent with the state and federal laws and regulations and
1448	rules of the commission in effect at the time of the taking.
1449	2.  All activities authorized by a muzzle-loading gun
1450	season permit, a crossbow season permit, a turkey permit, an
1451	archery season permit, a Florida waterfowl permit, a deer
1452	permit, and a management area permit, excluding fishing.
1453	(12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
1454	(a)  Lifetime sportsman's licenses are available to
1455	residents only, as follows, for:
1456	1.  Persons 4 years of age or younger, for a fee of $400.
1457	2.  Persons 5 years of age or older, but under 13 years of
1458	age, for a fee of $700.
1459	3.  Persons 13 years of age or older, for a fee of $1,000.
1460	(b)  The following activities are authorized by the
1461	purchase of a lifetime sportsman's license:
1462	1.  Taking, or attempting to take or possess, freshwater
1463	and saltwater fish, and game, consistent with the state and
1464	federal laws and regulations and rules of the commission in
1465	effect at the time of taking.
1466	2.  All activities authorized by a management area permit,
1467	a muzzle-loading gun season permit, a crossbow season permit, a
1468	turkey permit, an archery season permit, a Florida waterfowl
1469	permit, a deer permit, a snook permit, and a spiny lobster
1470	permit.
1471	Section 38.  Paragraph (c) of subsection (2) of section
1472	379.3671, Florida Statutes, is amended to read:
1473	379.3671  Spiny lobster trap certificate program.--
1474	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
1475	PENALTIES.--The Fish and Wildlife Conservation Commission shall
1476	establish a trap certificate program for the spiny lobster
1477	fishery of this state and shall be responsible for its
1478	administration and enforcement as follows:
1479	(c)  Prohibitions; penalties.--
1480	1.  It is unlawful for a person to possess or use a spiny
1481	lobster trap in or on state waters or adjacent federal waters
1482	without having affixed thereto the trap tag required by this
1483	section. It is unlawful for a person to possess or use any other
1484	gear or device designed to attract and enclose or otherwise aid
1485	in the taking of spiny lobster by trapping that is not a trap as
1486	defined by commission rule.
1487	2.  It is unlawful for a person to possess or use spiny
1488	lobster trap tags without having the necessary number of
1489	certificates on record as required by this section.
1490	3.  It is unlawful for any person to willfully molest, take
1491	possession of, or remove the contents of another harvester's
1492	spiny lobster trap without the express written consent of the
1493	trap owner available for immediate inspection. Unauthorized
1494	possession of another's trap gear or removal of trap contents
1495	constitutes theft.
1496	a.  A commercial harvester who violates this subparagraph
1497	shall be punished under ss. 379.367 and 379.407. Any commercial
1498	harvester receiving a judicial disposition other than dismissal
1499	or acquittal on a charge of theft of or from a trap pursuant to
1500	this subparagraph or s. 379.402 shall, in addition to the
1501	penalties specified in ss. 379.367 and 379.407 and the
1502	provisions of this section, permanently lose all his or her
1503	saltwater fishing privileges, including his or her saltwater
1504	products license, spiny lobster endorsement, and all trap
1505	certificates allotted to him or her through this program. In
1506	such cases, trap certificates and endorsements are
1507	nontransferable.
1508	b.  Any commercial harvester receiving a judicial
1509	disposition other than dismissal or acquittal on a charge of
1510	willful molestation of a trap, in addition to the penalties
1511	specified in ss. 379.367 and 379.407, shall lose all saltwater
1512	fishing privileges for a period of 24 calendar months.
1513	c.  In addition, any commercial harvester charged with
1514	violating this subparagraph and receiving a judicial disposition
1515	other than dismissal or acquittal for violating this
1516	subparagraph or s. 379.402 shall also be assessed an
1517	administrative penalty of up to $5,000.
1518
1519	Immediately upon receiving a citation for a violation involving
1520	theft of or from a trap, or molestation of a trap, and until
1521	adjudicated for such a violation or, upon receipt of a judicial
1522	disposition other than dismissal or acquittal of such a
1523	violation, the commercial harvester committing the violation is
1524	prohibited from transferring any spiny lobster trap certificates
1525	and endorsements.
1526	4.  In addition to any other penalties provided in s.
1527	379.407, a commercial harvester who violates the provisions of
1528	this section or commission rules relating to spiny lobster traps
1529	shall be punished as follows:
1530	a.  If the first violation is for violation of subparagraph
1531	1. or subparagraph 2., the commission shall assess an additional
1532	administrative penalty of up to $1,000. For all other first
1533	violations, the commission shall assess an additional
1534	administrative penalty of up to $500.
1535	b.  For a second violation of subparagraph 1. or
1536	subparagraph 2. which occurs within 24 months of any previous
1537	such violation, the commission shall assess an additional
1538	administrative penalty of up to $2,000 and the spiny lobster
1539	endorsement issued under s. 379.367(2) or (6) may be suspended
1540	for the remainder of the current license year.
1541	c.  For a third or subsequent violation of subparagraph 1.,
1542	subparagraph 2., or subparagraph 3. which occurs within 36
1543	months of any previous two such violations, the commission shall
1544	assess an additional administrative penalty of up to $5,000 and
1545	may suspend the spiny lobster endorsement issued under s.
1546	379.367(2) or (6) for a period of up to 24 months or may revoke
1547	the spiny lobster endorsement and, if revoking the spiny lobster
1548	endorsement, may also proceed against the licenseholder's
1549	saltwater products license in accordance with the provisions of
1550	s. 379.407(2)(h).
1551	d.  Any person assessed an additional administrative
1552	penalty pursuant to this section shall within 30 calendar days
1553	after notification:
1554	(I)  Pay the administrative penalty to the commission; or
1555	(II)  Request an administrative hearing pursuant to the
1556	provisions of ss. 120.569 and 120.57.
1557	e.  The commission shall suspend the spiny lobster
1558	endorsement issued under s. 379.367(2) or (6) for any person
1559	failing to comply with the provisions of sub-subparagraph d.
1560	5.a.  It is unlawful for any person to make, alter, forge,
1561	counterfeit, or reproduce a spiny lobster trap tag or
1562	certificate.
1563	b.  It is unlawful for any person to knowingly have in his
1564	or her possession a forged, counterfeit, or imitation spiny
1565	lobster trap tag or certificate.
1566	c.  It is unlawful for any person to barter, trade, sell,
1567	supply, agree to supply, aid in supplying, or give away a spiny
1568	lobster trap tag or certificate or to conspire to barter, trade,
1569	sell, supply, aid in supplying, or give away a spiny lobster
1570	trap tag or certificate unless such action is duly authorized by
1571	the commission as provided in this chapter or in the rules of
1572	the commission.
1573	6.a.  Any commercial harvester who violates the provisions
1574	of subparagraph 5., or any commercial harvester who engages in
1575	the commercial harvest, trapping, or possession of spiny lobster
1576	without a spiny lobster endorsement as required by s. 379.367(2)
1577	or (6) or during any period while such spiny lobster endorsement
1578	is under suspension or revocation, commits a felony of the third
1579	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1580	775.084.
1581	b.  In addition to any penalty imposed pursuant to sub-
1582	subparagraph a., the commission shall levy a fine of up to twice
1583	the amount of the appropriate surcharge to be paid on the fair
1584	market value of the transferred certificates, as provided in
1585	subparagraph (a)1., on any commercial harvester who violates the
1586	provisions of sub-subparagraph 5.c.
1587	c.  In addition to any penalty imposed pursuant to sub-
1588	subparagraph a., any commercial harvester receiving any judicial
1589	disposition other than acquittal or dismissal for a violation of
1590	subparagraph 5. shall be assessed an administrative penalty of
1591	up to $5,000, and the spiny lobster endorsement under which the
1592	violation was committed may be suspended for up to 24 calendar
1593	months. Immediately upon issuance of a citation involving a
1594	violation of subparagraph 5. and until adjudication of such a
1595	violation, and after receipt of any judicial disposition other
1596	than acquittal or dismissal for such a violation, the commercial
1597	harvester holding the spiny lobster endorsement listed on the
1598	citation is prohibited from transferring any spiny lobster trap
1599	certificates.
1600	d.  Any other person who violates the provisions of
1601	subparagraph 5. commits a Level Four violation under s. 379.401.
1602	7.  Prior to the 2010-2011 license year, any certificates
1603	for which the annual certificate fee is not paid for a period of
1604	3 years shall be considered abandoned and shall revert to the
1605	commission. Beginning with the 2010-2011 license year, any
1606	certificate for which the annual certificate fee is not paid for
1607	a period of 2 consecutive years shall be considered abandoned
1608	and shall revert to the commission. During any period of trap
1609	reduction, any certificates reverting to the commission shall
1610	become permanently unavailable and be considered in that amount
1611	to be reduced during the next license-year period. Otherwise,
1612	any certificates that revert to the commission are to be
1613	reallotted in such manner as provided by the commission.
1614	8.  The proceeds of all administrative penalties collected
1615	pursuant to subparagraph 4. and all fines collected pursuant to
1616	sub-subparagraph 6.b. shall be deposited into the Marine
1617	Resources Conservation Trust Fund.
1618	9.  All traps shall be removed from the water during any
1619	period of suspension or revocation.
1620	10.  Except as otherwise provided, any person who violates
1621	this paragraph commits a Level Two violation under s. 379.401.
1622	Section 39.  Paragraphs (c), (d), and (e) of subsection (2)
1623	of section 379.3751, Florida Statutes, are amended to read:
1624	379.3751  Taking and possession of alligators; trapping
1625	licenses; fees.--
1626	(2)  The license and issuance fee, and the activity
1627	authorized thereby, shall be as follows:
1628	(c)  The annual fee for issuance of an alligator trapping
1629	agent's license, which permits a person to act as an agent of
1630	any person who has been issued a resident or nonresident
1631	alligator trapping license as provided in paragraph (a) or
1632	paragraph (b) and to take alligators occurring in the wild other
1633	than alligator hatchlings, and to possess and process alligators
1634	taken under authority of such agency relationship, and to
1635	possess, process, and sell their hides and meat, shall be $50.
1636	Such alligator trapping agent's license shall be issued only in
1637	conjunction with an alligator trapping license and shall bear on
1638	its face in indelible ink the name and license number of the
1639	alligator trapping licenseholder for whom the holder of this
1640	license is acting as an agent.
1641	(d)  The annual fee for issuance of an alligator farming
1642	license, which permits a person to operate a facility for
1643	captive propagation of alligators, to possess alligators for
1644	captive propagation, to take alligator hatchlings and alligator
1645	eggs occurring in the wild, to rear such alligators, alligator
1646	hatchlings, and alligator eggs in captivity, to process
1647	alligators taken or possessed under authority of such alligator
1648	farming license or otherwise legally acquired, and to possess,
1649	process, and sell their hides and meat, shall be $250.
1650	(e)  The annual fee for issuance of an alligator farming
1651	agent's license, which permits a person to act as an agent of
1652	any person who has been issued an alligator farming license as
1653	provided in paragraph (d) and to take alligator hatchlings and
1654	alligator eggs occurring in the wild, and to possess and process
1655	alligators taken under authority of such agency relationship,
1656	and to possess, process, and sell their hides and meat, shall be
1657	$50. Such license shall be issued only in conjunction with an
1658	alligator farming license, and shall bear on its face in
1659	indelible ink the name and license number of the alligator
1660	farming licenseholder for whom the holder of this license is
1661	acting as an agent.
1662	Section 40.  Subsection (6) is added to section 379.3761,
1663	Florida Statutes, to read:
1664	379.3761  Exhibition or sale of wildlife; fees;
1665	classifications.--
1666	(6)  A person who violates this section is punishable as
1667	provided in s. 379.4015.
1668	Section 41.  Subsection (5) of section 379.3762, Florida
1669	Statutes, is amended to read:
1670	379.3762  Personal possession of wildlife.--
1671	(5)  A person who violates Persons in violation of this
1672	section is shall be punishable as provided in s. 379.4015
1673	379.401.
1674	Section 42.  Paragraph (a) of subsection (2) and paragraph
1675	(a) of subsection (4) of section 379.401, Florida Statutes, are
1676	amended to read:
1677	379.401  Penalties and violations; civil penalties for
1678	noncriminal infractions; criminal penalties; suspension and
1679	forfeiture of licenses and permits.--
1680	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1681	violation if he or she violates any of the following provisions:
1682	1.  Rules or orders of the commission relating to seasons
1683	or time periods for the taking of wildlife, freshwater fish, or
1684	saltwater fish.
1685	2.  Rules or orders of the commission establishing bag,
1686	possession, or size limits or restricting methods of taking
1687	wildlife, freshwater fish, or saltwater fish.
1688	3.  Rules or orders of the commission prohibiting access or
1689	otherwise relating to access to wildlife management areas or
1690	other areas managed by the commission.
1691	4.  Rules or orders of the commission relating to the
1692	feeding of wildlife, freshwater fish, or saltwater fish.
1693	5.  Rules or orders of the commission relating to landing
1694	requirements for freshwater fish or saltwater fish.
1695	6.  Rules or orders of the commission relating to
1696	restricted hunting areas, critical wildlife areas, or bird
1697	sanctuaries.
1698	7.  Rules or orders of the commission relating to tagging
1699	requirements for wildlife game and fur-bearing animals.
1700	8.  Rules or orders of the commission relating to the use
1701	of dogs for the taking of wildlife game.
1702	9.  Rules or orders of the commission which are not
1703	otherwise classified.
1704	10.  Rules or orders of the commission prohibiting the
1705	unlawful use of finfish traps.
1706	11.  All prohibitions in this chapter which are not
1707	otherwise classified.
1708	12.  Section 379.33, prohibiting the violation of or
1709	noncompliance with commission rules.
1710	13.  Section 379.407(6), prohibiting the sale, purchase,
1711	harvest, or attempted harvest of any saltwater product with
1712	intent to sell.
1713	14.  Section 379.2421, prohibiting the obstruction of
1714	waterways with net gear.
1715	15.  Section 379.413, prohibiting the unlawful taking of
1716	bonefish.
1717	16.  Section 379.365(2)(a) and (b), prohibiting the
1718	possession or use of stone crab traps without trap tags and
1719	theft of trap contents or gear.
1720	17.  Section 379.366(4)(b), prohibiting the theft of blue
1721	crab trap contents or trap gear.
1722	18.  Section 379.3671(2)(c), prohibiting the possession or
1723	use of spiny lobster traps without trap tags or certificates and
1724	theft of trap contents or trap gear.
1725	19.  Section 379.357, prohibiting the possession of tarpon
1726	without purchasing a tarpon tag.
1727	20.  Rules or orders of the commission Section 379.409,
1728	prohibiting the feeding or enticement of alligators or
1729	crocodiles.
1730	21.  Section 379.105, prohibiting the intentional
1731	harassment of hunters, fishers, or trappers.
1732	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1733	Four violation if he or she violates any of the following
1734	provisions:
1735	1.  Section 379.365(2)(c), prohibiting criminal activities
1736	relating to the taking of stone crabs.
1737	2.  Section 379.366(4)(c), prohibiting criminal activities
1738	relating to the taking and harvesting of blue crabs.
1739	3.  Section 379.367(4), prohibiting the willful molestation
1740	of spiny lobster gear.
1741	4.  Section 379.3671(2)(c)5., prohibiting the unlawful
1742	reproduction, possession, sale, trade, or barter of spiny
1743	lobster trap tags or certificates.
1744	5.  Section 379.354(16), prohibiting the making, forging,
1745	counterfeiting, or reproduction of a recreational license or
1746	possession of same without authorization from the commission.
1747	6.  Section 379.404(5), prohibiting the sale of illegally-
1748	taken deer or wild turkey.
1749	7.  Section 379.405, prohibiting the molestation or theft
1750	of freshwater fishing gear.
1751	8.  Section 379.409, prohibiting the unlawful killing,
1752	injuring, possessing, or capturing of alligators or other
1753	crocodilia or their eggs.
1754	Section 43.  Paragraph (a) of subsection (2) of section
1755	379.4015, Florida Statutes, is amended to read:
1756	379.4015  Captive wildlife penalties.--
1757	(2)  LEVEL TWO.--Unless otherwise provided by law, the
1758	following classifications and penalties apply:
1759	(a)  A person commits a Level Two violation if he or she
1760	violates any of the following provisions:
1761	1.  Unless otherwise stated in subsection (1), rules or
1762	orders of the commission that require a person to pay a fee to
1763	obtain a permit to possess captive wildlife or that require the
1764	maintenance of records relating to captive wildlife.
1765	2.  Rules or orders of the commission relating to captive
1766	wildlife not specified in subsection (1) or subsection (3).
1767	3.  Rules or orders of the commission that require housing
1768	of wildlife in a safe manner when a violation results in an
1769	escape of wildlife other than Class I wildlife.
1770	4.  Section 379.372, relating to capturing, keeping,
1771	possessing, transporting, or exhibiting venomous reptiles or
1772	reptiles of concern.
1773	5.  Section 379.373, relating to requiring a license or
1774	permit for the capturing, keeping, possessing, or exhibiting of
1775	venomous reptiles or reptiles of concern.
1776	6.  Section 379.374, relating to bonding requirements for
1777	public exhibits of venomous reptiles.
1778	7.  Section 379.305, relating to commission rules and
1779	regulations to prevent the escape of venomous reptiles or
1780	reptiles of concern.
1781	8.  Section 379.304, relating to exhibition or sale of
1782	wildlife.
1783	9.  Section 379.3761, relating to exhibition or sale of
1784	wildlife.
1785	10.  Section 379.3762, relating to personal possession of
1786	wildlife.
1787	Section 44.  Section 379.501, Florida Statutes, is created
1788	to read:
1789	379.501  Aquatic weeds and plants; prohibitions;
1790	violations; penalties; intent.--
1791	(1)  A person may not:
1792	(a)  Violate this section or any provision of s. 369.20 or
1793	s. 369.22 related to aquatic weeds and plants;
1794	(b)  Fail to obtain any permit required by s. 369.20 or s.
1795	369.22 or by commission rule implementing s. 369.20 or s.
1796	369.22, or violate or fail to comply with any rule, regulation,
1797	order, permit, or certification adopted or issued by the
1798	commission pursuant to s. 369.20 or s. 369.22; or
1799	(c)  Knowingly make any false statement, representation, or
1800	certification in any application, record, report, plan, or other
1801	document filed or required to be maintained under s. 369.20 or
1802	s. 369.22, or falsify, tamper with, or knowingly render
1803	inaccurate any monitoring device or method required to be
1804	maintained under s. 369.20 or s. 369.22 or by any permit, rule,
1805	regulation, or order issued under s. 369.20 or s. 369.22.
1806	(2)  Any person who violates any provision of subsection
1807	(1) is liable to the state for any damage caused to the aquatic
1808	weeds or plants and for civil penalties as provided in s.
1809	379.502.
1810	(3)  Any person who willfully commits a violation of
1811	paragraph (1)(a) commits a felony of the third degree,
1812	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1813	Each day during any portion of which such violation occurs
1814	constitutes a separate offense.
1815	(4)  Any person who commits a violation specified in
1816	paragraph (1)(a) due to reckless indifference or gross careless
1817	disregard commits a misdemeanor of the second degree, punishable
1818	as provided in s. 775.082 or s. 775.083.
1819	(5)  Any person who willfully commits a violation specified
1820	in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
1821	the first degree, punishable as provided in s. 775.082 or s.
1822	775.083.
1823	(6)  It is the intent of the Legislature that the civil
1824	penalties and criminal fines imposed by a court be of such an
1825	amount as to ensure immediate and continued compliance with this
1826	section.
1827	(7)  Penalties assessed pursuant to ss. 379.501-379.504 are
1828	in addition to any penalties assessed by the Board of Trustees
1829	of the Internal Improvement Trust Fund, the Department of
1830	Environmental Protection, or a water management district
1831	pursuant to chapter 253, chapter 373, or chapter 403.
1832	Section 45.  Section 379.502, Florida Statutes, is created
1833	to read:
1834	379.502  Enforcement; procedure; remedies.--The commission
1835	has the following judicial and administrative remedies available
1836	to it for violations of s. 379.501:
1837	(1)(a)  The commission may institute a civil action in a
1838	court of competent jurisdiction to establish liability and to
1839	recover damages for any injury to the waters or property of the
1840	state, including animal, plant, and aquatic life, caused by any
1841	violation of s. 379.501.
1842	(b)  The commission may institute a civil action in a court
1843	of competent jurisdiction to impose and to recover a civil
1844	penalty for each violation in an amount of not more than $10,000
1845	per offense. However, the court may receive evidence in
1846	mitigation. Each day, during any portion of which such violation
1847	occurs, constitutes a separate offense.
1848	(c)  Except as provided in paragraph (2)(c), the fact that
1849	the commission has failed to exhaust its administrative
1850	remedies, has failed to serve a notice of violation, or has
1851	failed to hold an administrative hearing before initiating a
1852	civil action is not a defense to, or grounds for dismissal of,
1853	the judicial remedies for damages and civil penalties.
1854	(2)(a)  The commission may institute an administrative
1855	proceeding to establish liability and to recover damages for any
1856	injury to the waters or property of the state, including animal,
1857	plant, or aquatic life, caused by any violation of s. 379.501.
1858	The commission may order that the violator pay a specified sum
1859	as damages to the state. Judgment for the amount of damages
1860	determined by the commission may be entered in any court having
1861	jurisdiction thereof and may be enforced as any other judgment.
1862	(b)  If the commission has reason to believe that a
1863	violation has occurred, it may institute an administrative
1864	proceeding to order the prevention, abatement, or control of the
1865	conditions creating the violation or other appropriate
1866	corrective action. The commission shall proceed administratively
1867	in all cases in which the commission seeks administrative
1868	penalties that do not exceed $10,000 per assessment as
1869	calculated in accordance with subsections (3), (4), (5), and
1870	(6). The commission may not impose administrative penalties in
1871	excess of $10,000 in a notice of violation. The commission may
1872	not have more than one notice of violation seeking
1873	administrative penalties pending against the same party at the
1874	same time unless the violations occurred at a different site or
1875	the violations were discovered by the commission subsequent to
1876	the filing of a previous notice of violation.
1877	(c)  An administrative proceeding shall be instituted by
1878	the commission's serving of a written notice of violation upon
1879	the alleged violator by certified mail. If the commission is
1880	unable to effect service by certified mail, the notice of
1881	violation may be hand delivered or personally served in
1882	accordance with chapter 48. The notice shall specify the
1883	provision of the law, rule, regulation, permit, certification,
1884	or order of the commission alleged to have been violated and the
1885	facts alleged to constitute a violation thereof. An order for
1886	corrective action, penalty assessment, or damages may be
1887	included along with the notice. If the commission is seeking to
1888	impose an administrative penalty for any violation of s. 379.501
1889	by issuing a notice of violation, any corrective action needed
1890	to correct the violation or damages caused by the violation must
1891	be pursued in the notice of violation or they are waived.
1892	However, an order does not become effective until after service
1893	and an administrative hearing, if requested within 20 days after
1894	service. Failure to request an administrative hearing within
1895	this period constitutes a waiver, unless the respondent files a
1896	written notice with the commission within this period opting out
1897	of the administrative process initiated by the commission. Any
1898	respondent choosing to opt out of the administrative process
1899	initiated by the commission must file a written notice with the
1900	commission, within 20 days after service of the notice of
1901	violation, opting out of the administrative process. A
1902	respondent's decision to opt out of the administrative process
1903	does not preclude the commission from initiating a state court
1904	action seeking injunctive relief, damages, and the judicial
1905	imposition of civil penalties.
1906	(d)  If a person timely files a petition challenging a
1907	notice of violation, that person will thereafter be referred to
1908	as the respondent. The hearing requested by the respondent shall
1909	be held within 180 days after the commission has referred the
1910	initial petition to the Division of Administrative Hearings
1911	unless the parties agree to a later date. The commission has the
1912	burden of proving by the preponderance of the evidence that the
1913	respondent is responsible for the violation. An administrative
1914	penalty may not be imposed unless the commission satisfies that
1915	burden. Following the close of the hearing, the administrative
1916	law judge shall issue a final order on all matters, including
1917	the imposition of an administrative penalty. If the commission
1918	seeks to enforce that portion of a final order imposing
1919	administrative penalties pursuant to s. 120.69, the respondent
1920	may not assert as a defense the inappropriateness of the
1921	administrative remedy. The commission retains its final-order
1922	authority in all administrative actions that do not request the
1923	imposition of administrative penalties.
1924	(e)  After filing a petition requesting a formal hearing in
1925	response to a notice of violation, a respondent may request that
1926	a private mediator be appointed to mediate the dispute by
1927	contacting the Florida Conflict Resolution Consortium within 10
1928	days after receipt of the initial order from the administrative
1929	law judge. The Florida Conflict Resolution Consortium shall pay
1930	all of the costs of the mediator and for up to 8 hours of the
1931	mediator's time per case at $150 per hour. Upon notice from the
1932	respondent, the Florida Conflict Resolution Consortium shall
1933	provide the respondent with a panel of possible mediators from
1934	the area in which the hearing on the petition would be heard.
1935	The respondent shall select the mediator and notify the Florida
1936	Conflict Resolution Consortium of the selection within 15 days
1937	after receipt of the proposed panel of mediators. The Florida
1938	Conflict Resolution Consortium shall provide all of the
1939	administrative support for the mediation process. The mediation
1940	must be completed at least 15 days before the final hearing date
1941	set by the administrative law judge.
1942	(f)  In any administrative proceeding brought by the
1943	commission, the prevailing party shall recover all costs as
1944	provided in ss. 57.041 and 57.071. The costs must be included in
1945	the final order. The respondent is the prevailing party when an
1946	order is entered awarding no penalties to the commission and the
1947	order has not been reversed on appeal or the time for seeking
1948	judicial review has expired. The respondent is entitled to an
1949	award of attorney's fees if the administrative law judge
1950	determines that the notice of violation issued by the commission
1951	was not substantially justified as defined in s. 57.111(3)(e).
1952	An award of attorney's fees as provided by this subsection may
1953	not exceed $15,000.
1954	(g)  This section does not prevent any other legal or
1955	administrative action in accordance with law. This subsection
1956	does not limit the commission's authority set forth in this
1957	section and ss. 379.503 and 379.504 to judicially pursue
1958	injunctive relief. If the commission exercises its authority to
1959	judicially pursue injunctive relief, penalties in any amount up
1960	to the statutory maximum sought by the commission must be
1961	pursued as part of the state court action and not by initiating
1962	a separate administrative proceeding. The commission retains the
1963	authority to judicially pursue penalties in excess of $10,000
1964	for violations not specifically included in the administrative
1965	penalty schedule, or for multiple or multiday violations alleged
1966	to exceed a total of $10,000. The commission also retains the
1967	authority provided in this section and ss. 379.503 and 379.504
1968	to judicially pursue injunctive relief and damages, if a notice
1969	of violation seeking the imposition of administrative penalties
1970	has not been issued. The commission may enter into a settlement
1971	before or after initiating a notice of violation, and the
1972	settlement may include a penalty amount that is different from
1973	the administrative penalty schedule. Any case filed in state
1974	court because it is alleged to exceed a total of $10,000 in
1975	penalties may be settled in the court action for less than
1976	$10,000.
1977	(h)  The provisions of chapter 120 shall apply to any
1978	administrative action taken by the commission under this section
1979	or any delegated program pursuing administrative penalties in
1980	accordance with this section.
1981	(3)  Administrative penalties must be calculated according
1982	to the following schedule:
1983	(a)  For violations of s. 379.501(1)(a) or (b), $3,000.
1984	(b)  For failure to conduct required monitoring or testing
1985	in compliance with a permit, $2,000.
1986	(c)  For failure to prepare, submit, maintain, or use
1987	required reports or other required documentation, $500.
1988	(d)  For failure to comply with any other regulatory
1989	statute or rule requirement relating to the administration of
1990	the commission's powers under s. 369.20 or s. 369.22 not
1991	otherwise identified in this section, $500.
1992	(4)  For each additional day during which a violation
1993	occurs, the administrative penalties in subsection (3) may be
1994	assessed per day, per violation.
1995	(5)  The history of noncompliance of the violator for any
1996	previous violation resulting in an executed consent order, but
1997	not including a consent order entered into without a finding of
1998	violation, or resulting in a final order or judgment on or after
1999	July 1, 2009, involving the imposition of $2,000 or more in
2000	penalties, shall be taken into consideration in the following
2001	manner:
2002	(a)  One previous such violation within 5 years prior to
2003	the filing of the notice of violation shall result in a 25-
2004	percent per day increase in the scheduled administrative
2005	penalty.
2006	(b)  Two previous such violations within 5 years prior to
2007	the filing of the notice of violation shall result in a 50-
2008	percent per day increase in the scheduled administrative
2009	penalty.
2010	(c)  Three or more previous such violations within 5 years
2011	before the filing of the notice of violation shall result in a
2012	100-percent per day increase in the scheduled administrative
2013	penalty.
2014	(6)  The direct economic benefit gained by the violator
2015	from the violation shall be added to the scheduled
2016	administrative penalty. The total administrative penalty,
2017	including any economic benefit added to the scheduled
2018	administrative penalty, may not exceed $10,000.
2019	(7)  The administrative penalties assessed for any
2020	particular violation may not exceed $3,000 against any one
2021	violator unless the violator has a history of noncompliance, the
2022	economic benefit of the violation as described in subsection (6)
2023	exceeds $3,000, or there are multiday violations. The total
2024	administrative penalties may not exceed $10,000 per assessment
2025	for all violations attributable to a specific person in the
2026	notice of violation.
2027	(8)  The administrative law judge may receive evidence in
2028	mitigation. The penalties identified in subsection (3) may be
2029	reduced up to 50 percent by the administrative law judge for
2030	mitigating circumstances, including good faith efforts to comply
2031	prior to or after discovery of the violations by the commission.
2032	Upon an affirmative finding that the violation was caused by
2033	circumstances beyond the reasonable control of the respondent
2034	and could not have been prevented by the respondent's due
2035	diligence, the administrative law judge may further reduce the
2036	penalty.
2037	(9)  Penalties collected under this section shall be
2038	deposited into the Invasive Plant Control Trust Fund to carry
2039	out the purposes set forth in ss. 369.20, 369.22, and 369.252.
2040	The Florida Conflict Resolution Consortium may use a portion of
2041	the fund to administer the mediation process provided in
2042	paragraph (2)(e) and to contract with private mediators for
2043	administrative penalty cases related to s. 369.20 or s. 369.22.
2044	(10)  The purpose of the administrative penalty schedule
2045	and process is to provide a more predictable and efficient
2046	manner for individuals and businesses to resolve relatively
2047	minor environmental disputes. Subsections (3) through (7) do not
2048	limit a state court in the assessment of damages. The
2049	administrative penalty schedule does not apply to the judicial
2050	imposition of civil penalties in state court as provided in this
2051	section.
2052	Section 46.  Section 379.503, Florida Statutes, is created
2053	to read:
2054	379.503  Civil action.--
2055	(1)  The commission may institute a civil action in a court
2056	of competent jurisdiction to seek injunctive relief to enforce
2057	compliance with ss. 379.501, 379.502, and 379.504 or any rule,
2058	regulation, permit, certification, or order adopted or issued by
2059	the commission pursuant to s. 369.20 or s. 369.22; to enjoin any
2060	violation specified in s. 379.501(1); and to seek injunctive
2061	relief to prevent irreparable injury to the waters and property,
2062	including animal, plant, and aquatic life, of the state and to
2063	protect human health, safety, and welfare caused or threatened
2064	by any violation of s. 379.501.
2065	(2)  All the judicial and administrative remedies to
2066	recover damages and penalties in this section and s. 379.502 are
2067	alternative and mutually exclusive.
2068	Section 47.  Section 379.504, Florida Statutes, is created
2069	to read:
2070	379.504  Civil liability; joint and several liability.--
2071	(1)  A person who commits a violation specified in s.
2072	379.501(1) is liable to the state for any damage caused to the
2073	waters or property of the state, including animal, plant, or
2074	aquatic life, and for reasonable costs and expenses of the state
2075	in restoring its waters and property, including animal, plant,
2076	and aquatic life, to their former condition, and furthermore is
2077	subject to the judicial imposition of a civil penalty for each
2078	offense in an amount of not more than $10,000 per offense.
2079	However, the court may receive evidence in mitigation. Each day
2080	during any portion of which such violation occurs constitutes a
2081	separate offense. This section does not give the commission the
2082	right to bring an action on behalf of any private person.
2083	(2)  If two or more persons violate s. 379.501(1) so that
2084	the damage is indivisible, each violator shall be jointly and
2085	severally liable for the damage and for the reasonable cost and
2086	expenses of the state incurred in restoring the waters and
2087	property of the state, including the animal, plant, and aquatic
2088	life, to their former condition. However, if the damage is
2089	divisible and may be attributed to a particular violator or
2090	violators, each violator is liable only for that damage
2091	attributable to his or her violation.
2092	(3)  In assessing damages for fish killed, the value of the
2093	fish shall be determined in accordance with a table of values
2094	for individual categories of fish, which shall be adopted by the
2095	Department of Environmental Protection pursuant to s.
2096	403.141(3). The total number of fish killed may be estimated by
2097	standard practices used in estimating fish population.
2098	Section 48.  Subsection (1) of section 403.088, Florida
2099	Statutes, is amended to read:
2100	403.088  Water pollution operation permits; conditions.--
2101	(1)  No person, without written authorization of the
2102	department, shall discharge into waters within the state any
2103	waste which, by itself or in combination with the wastes of
2104	other sources, reduces the quality of the receiving waters below
2105	the classification established for them. However, this section
2106	shall not be deemed to prohibit the application of pesticides to
2107	waters in the state for the control of insects, aquatic weeds,
2108	or algae, provided the application is performed pursuant to a
2109	program approved by the Department of Health, in the case of
2110	insect control, or the Fish and Wildlife Conservation Commission
2111	department, in the case of aquatic weed or algae control. The
2112	department is directed to enter into interagency agreements to
2113	establish the procedures for program approval. Such agreements
2114	shall provide for public health, welfare, and safety, as well as
2115	environmental factors. Approved programs must provide that only
2116	chemicals approved for the particular use by the United States
2117	Environmental Protection Agency or by the Department of
2118	Agriculture and Consumer Services may be employed and that they
2119	be applied in accordance with registered label instructions,
2120	state standards for such application, and the provisions of the
2121	Florida Pesticide Law, part I of chapter 487.
2122	Section 49.  The Fish and Wildlife Conservation Commission,
2123	in consultation with the Department of Environmental Protection,
2124	is directed to establish a pilot program to explore potential
2125	options for regulating the anchoring or mooring of non-live-
2126	aboard vessels outside the marked boundaries of public mooring
2127	fields.
2128	(1)  The goals of the pilot program are to encourage the
2129	establishment of additional public mooring fields and to develop
2130	and test policies and regulatory regimes that:
2131	(a)  Promote the establishment and use of public mooring
2132	fields.
2133	(b)  Promote public access to the waters of this state.
2134	(c)  Enhance navigational safety.
2135	(d)  Protect maritime infrastructure.
2136	(e)  Protect the marine environment.
2137	(f)  Deter improperly stored, abandoned, or derelict
2138	vessels.
2139	(2)  Each location selected for inclusion in the pilot
2140	program must be associated with a properly permitted mooring
2141	field. The commission, in consultation with the department,
2142	shall select all locations for the pilot program prior to July
2143	1, 2011. Two locations shall be off the east coast of the state,
2144	two locations shall be off the west coast of the state, and one
2145	location shall be within Monroe County. The locations selected
2146	must be geographically diverse and take into consideration the
2147	various users and means of using the waters of this state.
2148	(3)  Notwithstanding the provisions of s. 327.60, Florida
2149	Statutes, a county or municipality selected for participation in
2150	the pilot program may regulate by ordinance the anchoring of
2151	vessels, other than live-aboard vessels as defined in s. 327.02,
2152	Florida Statutes, outside of a mooring field. Any ordinance
2153	enacted under the pilot program shall take effect and become
2154	enforceable only after approval by the commission. The
2155	commission shall not approve any ordinance not consistent with
2156	the goals of the pilot program.
2157	(4)  The commission shall:
2158	(a)  Provide consultation and technical assistance to each
2159	municipality or county selected for participation in the pilot
2160	program to facilitate accomplishment of the pilot program's
2161	goals.
2162	(b)  Coordinate the review of any proposed ordinance with
2163	the department; the United States Coast Guard; the Florida
2164	Inland Navigation District or the West Coast Inland Navigation
2165	District, as appropriate; and associations or other
2166	organizations representing vessel owners or operators.
2167	(c)  Monitor and evaluate at least annually each location
2168	selected for participation in the pilot program and make such
2169	modifications as may be necessary to accomplish the pilot
2170	program's goals.
2171	(5)  The commission shall submit a report of its findings
2172	and recommendations to the Governor, the President of the
2173	Senate, and the Speaker of the House of Representatives by
2174	January 1, 2014.
2175	(6)  The pilot program shall expire on July 1, 2014, unless
2176	reenacted by the Legislature. All ordinances enacted under this
2177	section shall expire concurrently with the expiration of the
2178	pilot program and shall be inoperative and unenforceable
2179	thereafter.
2180	(7)  Nothing in this section shall be construed to affect
2181	any mooring field authorized pursuant to s. 253.77, s. 327.40,
2182	or part IV of chapter 373, Florida Statutes, as applicable, or
2183	any lawful ordinance regulating the anchoring of any vessels
2184	within the marked boundaries of such mooring fields.
2185	Section 50.  The statutory powers, duties, and functions
2186	related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
2187	which were transferred by chapter 2008-150, Laws of Florida, and
2188	all records, personnel, and property; unexpended balances of
2189	appropriations, allocations, and other funds; administrative
2190	authority; administrative rules; pending issues; and existing
2191	contracts of the Bureau of Invasive Plant Management in the
2192	Department of Environmental Protection are transferred by a type
2193	two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
2194	Fish and Wildlife Conservation Commission. All actions taken
2195	pursuant to chapter 2008-150, Laws of Florida, and the
2196	Interagency Agreement executed pursuant thereto are ratified.
2197	Section 51.  The Invasive Plant Control Trust Fund, FLAIR
2198	number 37-2-030, in the Department of Environmental Protection
2199	is transferred to the Fish and Wildlife Conservation Commission,
2200	FLAIR number 77-2-030.
2201	Section 52.  Beginning in the 2009-2010 fiscal year and
2202	continuing each fiscal year thereafter, the sum of $185,000 is
2203	appropriated from the State Game Trust Fund to the Fish and
2204	Wildlife Conservation Commission for the costs associated with
2205	the shoreline fishing license exemption pursuant to s.
2206	379.354(4)(k), Florida Statutes.
2207	Section 53.  For the purpose of incorporating the amendment
2208	made by this act to section 319.32, Florida Statutes, in a
2209	reference thereto, paragraph (a) of subsection (2) of section
2210	379.209, Florida Statutes, is reenacted to read:
2211	379.209  Nongame Wildlife Trust Fund.--
2212	(2)(a)  There is established within the Fish and Wildlife
2213	Conservation Commission the Nongame Wildlife Trust Fund. The
2214	fund shall be credited with moneys collected pursuant to ss.
2215	319.32(3) and 320.02(8). Additional funds may be provided from
2216	legislative appropriations and by donations from interested
2217	individuals and organizations. The commission shall designate an
2218	identifiable unit to administer the trust fund.
2219	Section 54.  For the purpose of incorporating the amendment
2220	made by this act to section 379.353, Florida Statutes, in a
2221	reference thereto, subsection (7) of section 379.3581, Florida
2222	Statutes, is reenacted to read:
2223	379.3581  Hunter safety course; requirements; penalty.--
2224	(7)  The hunter safety requirements of this section do not
2225	apply to persons for whom licenses are not required under s.
2226	379.353(2).
2227	Section 55.  For the purpose of incorporating the amendment
2228	made by this act to section 379.354, Florida Statutes, in a
2229	reference thereto, section 379.2213, Florida Statutes, is
2230	reenacted to read:
2231	379.2213  Management area permit revenues.--The commission
2232	shall expend the revenue generated from the sale of the
2233	management area permit as provided for in s. 379.354(8)(g) or
2234	that pro rata portion of any license that includes management
2235	area privileges as provided for in s. 379.354(4)(h), (i), and
2236	(j) for the lease, management, and protection of lands for
2237	public hunting, fishing, and other outdoor recreation.
2238	Section 56.  For the purpose of incorporating the amendment
2239	made by this act to section 379.354, Florida Statutes, in a
2240	reference thereto, section 379.3501, Florida Statutes, is
2241	reenacted to read:
2242	379.3501  Expiration of licenses and permits.--Each license
2243	or permit issued under this part must be dated when issued. Each
2244	license or permit issued under this part remains valid for 12
2245	months after the date of issuance, except for a lifetime license
2246	issued pursuant to s. 379.354 which is valid from the date of
2247	issuance until the death of the individual to whom the license
2248	is issued unless otherwise revoked in accordance with s. 379.401
2249	or s. 379.404, or a 5-year license issued pursuant to s. 379.354
2250	which is valid for 5 consecutive years from the date of purchase
2251	unless otherwise revoked in accordance with s. 379.401 or s.
2252	379.404, or a license issued pursuant to s. 379.354(5)(a), (b),
2253	(c), (d), or (g) or (8)(f), (g)2., or (h)1., which is valid for
2254	the period specified on the license. A resident lifetime license
2255	or a resident 5-year license that has been purchased by a
2256	resident of this state and who subsequently resides in another
2257	state shall be honored for activities authorized by that
2258	license.
2259	Section 57.  For the purpose of incorporating the amendment
2260	made by this act to section 379.354, Florida Statutes, in a
2261	reference thereto, subsection (2) of section 379.3712, Florida
2262	Statutes, is reenacted to read:
2263	379.3712  Private hunting preserve license fees;
2264	exception.--
2265	(2)  A commercial hunting preserve license, which shall
2266	exempt patrons of licensed preserves from the license and permit
2267	requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j);
2268	(5)(g) and (h); (8)(a), (b), and (e); (9)(a)2.; (11); and (12)
2269	while hunting on the licensed preserve property, shall be $500.
2270	Such commercial hunting preserve license shall be available only
2271	to those private hunting preserves licensed pursuant to this
2272	section which are operated exclusively for commercial purposes,
2273	which are open to the public, and for which a uniform fee is
2274	charged to patrons for hunting privileges.
2275	Section 58.  Effective October 1, 2009, section 327.22,
2276	Florida Statutes, is repealed.
2277	Section 59.  Effective July 1, 2010, sections 379.2211 and
2278	379.2212, Florida Statutes, are repealed.
2279	Section 60.  Subsection (7) of section 379.366, Florida
2280	Statutes, is repealed.
2281	Section 61.  Except as otherwise expressly provided in this
2282	act, this act shall take effect July 1, 2009.

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