CS/HB 709

1
A bill to be entitled
2An act relating to wildlife regulation; amending s.
3379.231, F.S.; revising provisions relating to the sale or
4release of wildlife; amending s. 379.372, F.S.;
5prohibiting any person from keeping, possessing,
6importing, selling, bartering, trading, or breeding
7certain specified reptile species, including a reptile
8designated as a reptile of concern by the Fish and
9Wildlife Conservation Commission; providing certain
10exceptions applicable to reptiles for which the owner
11holds a permit issued before a specified date; providing
12an exemption for specified zoological facilities; amending
13s. 379.374, F.S.; providing bonding requirements for the
14possession of certain wildlife; amending s. 379.3761,
15F.S.; revising provisions relating to the exhibition and
16sale of wildlife; prohibiting the sale of wildlife in the
17state unless authorized by the commission; clarifying
18provisions relating to exhibition licensing; amending s.
19379.401, F.S.; deleting a reference to conform to changes
20made by the act; amending s. 379.4015, F.S.; revising
21captive wildlife penalties to include conditional and
22prohibited species; providing civil penalties for
23violations relating to import, capture, possession, sale,
24use, exhibition, transport, or release of wildlife,
25including venomous reptiles and reptiles of concern;
26providing limitations; providing for penalty mitigation
27under certain conditions; requiring proceeds to be
28deposited into the State Game Trust Fund and used for
29specified purposes; requiring the commission to submit a
30specified annual report to the Legislature; directing the
31commission to evaluate the need to further restrict or ban
32the possession of certain species; amending ss. 379.101,
33379.244, 379.26, 379.304, 379.361, 379.363, and 379.3762,
34F.S.; conforming terminology; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Section 379.231, Florida Statutes, is amended
39to read:
40     379.231  Regulation of nonnative wildlife foreign animals.-
41     (1)  It is unlawful to import for sale or use, or to
42release within this state, any species of wildlife the animal
43kingdom not native indigenous to Florida unless authorized by
44without having obtained a permit to do so from the Fish and
45Wildlife Conservation Commission.
46     (2)  The Fish and Wildlife Conservation Commission is
47authorized to issue or deny such a permit upon the completion of
48studies of the species made by it to determine any detrimental
49effect the species might have on the ecology of the state.
50     (2)(3)  A person in violation of this section commits a
51Level Three violation under s. 379.4015 s. 379.401.
52     Section 2.  Section 379.372, Florida Statutes, is amended
53to read:
54     379.372  Capturing, keeping, possessing, transporting, or
55exhibiting venomous reptiles or reptiles of concern; license
56required.-
57     (1)(a)  No person, party, firm, association, or corporation
58shall capture, keep, possess, or exhibit any poisonous or
59venomous reptile or reptile of concern without first having
60obtained a special permit or license therefor from the Fish and
61Wildlife Conservation Commission as provided in this section.
62     (b)(2)  By December 31, 2007, the commission shall
63establish a list of reptiles of concern, including venomous,
64nonvenomous, native, nonnative, or other reptiles, which require
65additional regulation for capture, possession, transportation,
66or exhibition due to their nature, habits, status, or potential
67to negatively impact humans, the environment, or ecology, or
68humans.
69     (c)(3)  It shall be unlawful for any person, party, firm,
70association, or corporation, whether licensed hereunder or not,
71to capture, keep, possess, or exhibit any venomous reptile or
72reptile of concern in any manner not approved as safe, secure,
73and proper by the commission. Venomous reptiles or reptiles of
74concern held in captivity are subject to inspection by the
75commission. The commission shall determine whether the reptiles
76are securely, safely, and properly penned. In the event that the
77reptiles are not safely penned, the commission shall report the
78situation in writing to the person, party, firm, association, or
79corporation owning the reptiles. Failure of the person, party,
80firm, association, or corporation to correct the situation
81within 30 days after such written notice shall be grounds for
82revocation of the license or permit of the person, party, firm,
83association, or corporation.
84     (d)(4)  Venomous reptiles or reptiles of concern shall be
85transported in a safe, secure, and proper manner. The commission
86shall establish by rule the requirements for the transportation
87of venomous reptiles or reptiles of concern.
88     (2)(a)  No person, party, firm, association, or corporation
89shall keep, possess, import into the state, sell, barter, trade,
90or breed the following species for personal use or for sale for
91personal use:
92     1.  Burmese or Indian python (Python molurus).
93     2.  Reticulated python (Python reticulatus).
94     3.  African rock python (Python sebae).
95     4.  Amethystine or scrub python (Morelia amethystinus).
96     5.  Anaconda (Eunectes).
97     6.  Nile monitor (Varanus niloticus).
98     7.  Any other reptile designated as a reptile of concern by
99the commission.
100     (b)  However, if a person holds a permit issued before July
1011, 2010, pursuant to subsection (1) to legally possess a species
102listed in paragraph (a), that person may possess the individual
103reptile for the remainder of that reptile's life. Any person who
104possesses an anaconda, other than a green anaconda (Eunectes
105murinus), and who meets the required criteria must obtain a
106permit pursuant to subsection (1) by October 1, 2010, in order
107to keep that anaconda for the remainder of its life.
108     (c)  This subsection does not apply to zoological
109facilities that are licensed by the commission and are
110accredited by the American Zoo and Aquarium Association, the
111American Association of Museums, and the Zoological Association
112of America.
113     Section 3.  Subsection (2) of section 379.374, Florida
114Statutes, is amended to read:
115     379.374  Bond required, amount.-
116     (2)  No person, party, firm, association, or corporation
117shall possess or exhibit to the public either with or without
118charge or admission fee, any Class I wildlife, as defined in s.
119379.303 and commission rule, without having first guaranteed
120financial responsibility, in the sum of $10,000, for any
121liability which may be incurred in the exhibition to the public
122of Class I wildlife. The commission shall adopt, by rule, the
123methods of payment that satisfy the financial responsibility,
124which may include cash, the establishment of a trust fund, an
125irrevocable letter of credit, casualty insurance, a corporate
126guarantee, or any combination thereof, in the sum of $10,000
127which shall be posted with the commission. In lieu of the
128$10,000 financial responsibility guarantee required in this
129subsection, the person, party, firm, association, or corporation
130exhibiter has the option to maintain comprehensive general
131liability insurance, with minimum limits of $2 million per
132occurrence and $2 million annual aggregate, as shall protect the
133person, party, firm, or corporation exhibiter from claims for
134damage for personal injury, including accidental death, as well
135as claims for property damage which may arise. Proof of such
136insurance shall be submitted to the commission.
137     Section 4.  Subsections (1) and (4) of section 379.3761,
138Florida Statutes, are amended to read:
139     379.3761  Exhibition or sale of wildlife; fees;
140classifications.-
141     (1)  In order to provide humane treatment and sanitary
142surroundings for wild animals kept in captivity, no person,
143party, firm, corporation, or association shall have, or be in
144possession of, in captivity for the purpose of public display
145with or without charge or for public sale any wildlife,
146specifically birds, mammals, amphibians, and reptiles, whether
147native indigenous to Florida or not, without having first
148secured a permit from the commission authorizing such person,
149party, firm, association, or corporation to have in its
150possession in captivity the species and number of wildlife
151specified within such permit; however, this section does not
152apply to any wildlife not protected by law and the rules of the
153commission. No person, party, firm, corporation, or association
154may sell any wildlife in the state, including a sale with
155delivery made in this state, regardless of the origin of the
156sale or the location of the initial transaction, unless
157authorized by the commission.
158     (4)  The provisions of this section relative to licensing
159for exhibition do not apply to any municipal, county, state, or
160other publicly owned wildlife exhibit or. The provisions of this
161section do not apply to any traveling zoo, circus, or exhibit
162licensed under as provided by chapter 205.
163     Section 5.  Paragraph (a) of subsection (3) of section
164379.401, Florida Statutes, is amended to read:
165     379.401  Penalties and violations; civil penalties for
166noncriminal infractions; criminal penalties; suspension and
167forfeiture of licenses and permits.-
168     (3)(a)  LEVEL THREE VIOLATIONS.-A person commits a Level
169Three violation if he or she violates any of the following
170provisions:
171     1.  Rules or orders of the commission prohibiting the sale
172of saltwater fish.
173     2.  Rules or orders of the commission prohibiting the
174illegal importation or possession of exotic marine plants or
175animals.
176     3.  Section 379.407(2), establishing major violations.
177     4.  Section 379.407(4), prohibiting the possession of
178certain finfish in excess of recreational daily bag limits.
179     5.  Section 379.28, prohibiting the importation of
180freshwater fish.
181     6.  Section 379.231, prohibiting the importation of
182nonindigenous species of the animal kingdom without a permit
183issued by the commission.
184     6.7.  Section 379.354(17), prohibiting the taking of game,
185freshwater fish, or saltwater fish while a required license is
186suspended or revoked.
187     7.8.  Section 379.3014, prohibiting the illegal sale or
188possession of alligators.
189     8.9.  Section 379.404(1), (3), and (6), prohibiting the
190illegal taking and possession of deer and wild turkey.
191     9.10.  Section 379.406, prohibiting the possession and
192transportation of commercial quantities of freshwater game fish.
193     Section 6.  Section 379.4015, Florida Statutes, is amended
194to read:
195     379.4015  Nonnative and captive wildlife penalties.-
196     (1)  LEVEL ONE.-Unless otherwise provided by law, the
197following classifications and penalties apply:
198     (a)  A person commits a Level One violation if he or she
199violates any of the following provisions:
200     1.  Rules or orders of the commission requiring free
201permits or other authorizations to possess captive wildlife.
202     2.  Rules or orders of the commission relating to the
203filing of reports or other documents required of persons who are
204licensed to possess captive wildlife.
205     3.  Rules or orders of the commission requiring permits to
206possess captive wildlife for which a fee is charged, when the
207person being charged was issued the permit and the permit has
208expired less than 1 year prior to the violation.
209     (b)  Any person cited for committing any offense classified
210as a Level One violation commits a noncriminal infraction,
211punishable as provided in this section.
212     (c)  Any person cited for committing a noncriminal
213infraction specified in paragraph (a) shall be cited to appear
214before the county court. The civil penalty for any noncriminal
215infraction is $50 if the person cited has not previously been
216found guilty of a Level One violation and $250 if the person
217cited has previously been found guilty of a Level One violation,
218except as otherwise provided in this subsection. Any person
219cited for failing to have a required permit or license shall pay
220an additional civil penalty in the amount of the license fee
221required.
222     (d)  Any person cited for an infraction under this
223subsection may:
224     1.  Post a bond, which shall be equal in amount to the
225applicable civil penalty; or
226     2.  Sign and accept a citation indicating a promise to
227appear before the county court. The officer may indicate on the
228citation the time and location of the scheduled hearing and
229shall indicate the applicable civil penalty.
230     (e)  Any person charged with a noncriminal infraction under
231this subsection may:
232     1.  Pay the civil penalty, either by mail or in person,
233within 30 days after the date of receiving the citation; or
234     2.  If the person has posted bond, forfeit bond by not
235appearing at the designated time and location.
236     (f)  If the person cited follows either of the procedures
237in subparagraph (e)1. or subparagraph (e)2., he or she shall be
238deemed to have admitted the infraction and to have waived his or
239her right to a hearing on the issue of commission of the
240infraction. Such admission shall not be used as evidence in any
241other proceedings except to determine the appropriate fine for
242any subsequent violations.
243     (g)  Any person who willfully refuses to post bond or
244accept and sign a summons commits a misdemeanor of the second
245degree, punishable as provided in s. 775.082 or s. 775.083. Any
246person who fails to pay the civil penalty specified in this
247subsection within 30 days after being cited for a noncriminal
248infraction or to appear before the court pursuant to this
249subsection commits a misdemeanor of the second degree,
250punishable as provided in s. 775.082 or s. 775.083.
251     (h)  Any person electing to appear before the county court
252or who is required to appear shall be deemed to have waived the
253limitations on the civil penalty specified in paragraph (c). The
254court, after a hearing, shall make a determination as to whether
255an infraction has been committed. If the commission of an
256infraction has been proven, the court may impose a civil penalty
257not less than those amounts in paragraph (c) and not to exceed
258$500.
259     (i)  At a hearing under this chapter, the commission of a
260charged infraction must be proved beyond a reasonable doubt.
261     (j)  If a person is found by the hearing official to have
262committed an infraction, she or he may appeal that finding to
263the circuit court.
264     (2)  LEVEL TWO.-Unless otherwise provided by law, the
265following classifications and penalties apply:
266     (a)  A person commits a Level Two violation if he or she
267violates any of the following provisions:
268     1.  Unless otherwise stated in subsection (1), rules or
269orders of the commission that require a person to pay a fee to
270obtain a permit to possess captive wildlife or that require the
271maintenance of records relating to captive wildlife.
272     2.  Rules or orders of the commission relating to captive
273wildlife not specified in subsection (1) or subsection (3).
274     3.  Rules or orders of the commission that require housing
275of wildlife in a safe manner when a violation results in an
276escape of wildlife other than Class I wildlife.
277     4.  Rules or orders of the commission relating to wildlife
278identified as conditional or prohibited species.
279     5.4.  Section 379.372, relating to capturing, keeping,
280possessing, transporting, or exhibiting venomous reptiles or
281reptiles of concern.
282     6.5.  Section 379.373, relating to requiring a license or
283permit for the capturing, keeping, possessing, or exhibiting of
284venomous reptiles or reptiles of concern.
285     7.6.  Section 379.374, relating to bonding requirements for
286public exhibits of venomous reptiles.
287     8.7.  Section 379.305, relating to commission rules and
288regulations to prevent the escape of venomous reptiles or
289reptiles of concern.
290     9.8.  Section 379.304, relating to exhibition or sale of
291wildlife.
292     10.9.  Section 379.3761, relating to exhibition or sale of
293wildlife.
294     11.10.  Section 379.3762, relating to personal possession
295of wildlife.
296     (b)  A person who commits any offense classified as a Level
297Two violation and who has not been convicted of a Level Two or
298higher violation within the past 3 years commits a misdemeanor
299of the second degree, punishable as provided in s. 775.082 or s.
300775.083.
301     (c)  Unless otherwise stated in this subsection, a person
302who commits any offense classified as a Level Two violation
303within a 3-year period of any previous conviction of a Level Two
304or higher violation commits a misdemeanor of the first degree,
305punishable as provided in s. 775.082 or s. 775.083 with a
306minimum mandatory fine of $250.
307     (d)  Unless otherwise stated in this subsection, a person
308who commits any offense classified as a Level Two violation
309within a 5-year period of any two previous convictions of Level
310Two or higher violations commits a misdemeanor of the first
311degree, punishable as provided in s. 775.082 or s. 775.083, with
312a minimum mandatory fine of $500 and a suspension of all
313licenses issued under this chapter related to captive wildlife
314for 1 year.
315     (e)  A person who commits any offense classified as a Level
316Two violation within a 10-year period of any three previous
317convictions of Level Two or higher violations commits a
318misdemeanor of the first degree, punishable as provided in s.
319775.082 or s. 775.083, with a minimum mandatory fine of $750 and
320a suspension of all licenses issued under this chapter related
321to captive wildlife for 3 years.
322     (f)  In addition to being subject to the penalties under
323paragraphs (b)-(e), a person who commits a Level Two violation
324that is a violation of s. 379.372 or rules or orders relating to
325wildlife identified as conditional or prohibited species shall
326receive a minimum mandatory fine of $100 and must immediately
327surrender the wildlife for which the violation was issued unless
328a permit for possession is lawfully obtained.
329     (3)  LEVEL THREE.-Unless otherwise provided by law, the
330following classifications and penalties apply:
331     (a)  A person commits a Level Three violation if he or she
332violates any of the following provisions:
333     1.  Rules or orders of the commission that require housing
334of wildlife in a safe manner when a violation results in an
335escape of Class I wildlife.
336     2.  Rules or orders of the commission related to captive
337wildlife when the violation results in serious bodily injury to
338another person by captive wildlife that consists of a physical
339condition that creates a substantial risk of death, serious
340personal disfigurement, or protracted loss or impairment of the
341function of any bodily member or organ.
342     3.  Rules or orders of the commission relating to the use
343of gasoline or other chemical or gaseous substances on wildlife.
344     4.  Rules or orders of the commission prohibiting the
345release of wildlife for which only conditional possession is
346allowed.
347     5.  Rules or orders of the commission prohibiting knowingly
348entering false information on an application for a license or
349permit when the license or permit is to possess wildlife in
350captivity.
351     6.  Rules or orders of the commission relating to the
352illegal importation and possession of nonnative nonindigenous
353marine plants and animals.
354     7.  Rules or orders of the commission relating to the
355importation, possession, or release of fish and wildlife for
356which possession is prohibited.
357     8.  Section 379.231, relating to illegal importation or
358release introduction of nonnative foreign wildlife.
359     9.  Section 379.305, relating to release or escape of
360nonnative venomous reptiles or reptiles of concern.
361     (b)1.  A person who commits any offense classified as a
362Level Three violation and who has not been convicted of a Level
363Three or higher violation within the past 10 years commits a
364misdemeanor of the first degree, punishable as provided in s.
365775.082 or s. 775.083.
366     2.  A person who commits any offense classified as a Level
367Three violation within a 10-year period of any previous
368conviction of a Level Three or higher violation commits a
369misdemeanor of the first degree, punishable as provided in s.
370775.082 or s. 775.083, with a minimum mandatory fine of $750 and
371permanent revocation of all licenses or permits to possess
372captive wildlife issued under this chapter.
373     (4)  LEVEL FOUR.-Unless otherwise provided by law, the
374following classifications and penalties apply:
375     (a)  A person commits a Level Four violation if he or she
376violates any Level Three provision after the permanent
377revocation of a license or permit.
378     (b)  A person who commits any offense classified as a Level
379Four violation commits a felony of the third degree, punishable
380as provided in s. 775.082 or s. 775.083.
381     (5)  SUSPENSION OR REVOCATION OF LICENSE.-The court may
382order the suspension or revocation of any license or permit
383issued to a person to possess captive wildlife pursuant to this
384chapter if that person commits a criminal offense or a
385noncriminal infraction as specified under this section.
386     (6)  CIVIL PENALTY.-
387     (a)  In addition to other applicable penalties, the
388commission may impose against any person, party, firm,
389association, or corporation that is convicted of a criminal
390violation of any provision of s. 379.231, s. 379.372, s.
391379.3761, or s. 379.3762 a civil penalty of not less than $1,000
392and not more than $5,000 for each animal, unless authorized
393pursuant to subparagraphs 1.-5. For all related violations
394attributable to a specific violator, the total civil penalty may
395not exceed $10,000 for each assessment for each animal.
396     1.  The history of noncompliance of the violator for any
397previous violation of this chapter or rules or orders of the
398commission shall be considered in determining the amount of the
399civil penalty.
400     2.  The direct economic benefit gained by the violator from
401the violation may be added to the scheduled civil penalty.
402     3.  The costs incurred by the commission related to the
403escape, recovery, and care of the wildlife for which the
404violation was issued shall be added to the civil penalty.
405     4.  The civil penalty assessed for a violation may not
406exceed $5,000 for each animal unless:
407     a.  The violator has a history of noncompliance;
408     b.  The economic benefit of the violation exceeds $5,000;
409or
410     c.  The costs incurred by the commission related to the
411escape, recovery, and care of the wildlife for which the
412violation was issued exceeds $5,000.
413     5.  The civil penalty assessed pursuant to this subsection
414may be reduced by the commission for mitigating circumstances,
415including good faith efforts to comply before or after discovery
416of the violations by the commission.
417     (b)  The proceeds of all civil penalties collected pursuant
418to this subsection shall be deposited into the State Game Trust
419Fund and shall be used for management, administration, auditing,
420and law enforcement purposes.
421     (7)(6)  CONVICTION DEFINED.-For purposes of this section,
422the term "conviction" means any judicial disposition other than
423acquittal or dismissal.
424     (8)(7)  COMMISSION LIMITATIONS.-Nothing in this section
425shall limit the commission from suspending or revoking any
426license to possess wildlife in captivity by administrative
427action in accordance with chapter 120. For purposes of
428administrative action, a conviction of a criminal offense shall
429mean any judicial disposition other than acquittal or dismissal.
430     (9)  ANNUAL REPORT.-By January 1 of each year, the
431commission shall submit a report listing each species identified
432by the commission as a conditional or prohibited species or a
433reptile of concern to the President of the Senate and the
434Speaker of the House of Representatives.
435     Section 7.  By January 1, 2012, the Fish and Wildlife
436Conservation Commission shall evaluate the need for further
437restricting the possession of reptiles of concern, including
438evaluating the need to ban the possession of those species.
439     Section 8.  Subsections (18), (25), and (34) of section
440379.101, Florida Statutes, are amended to read:
441     379.101  Definitions.-In construing these statutes, where
442the context does not clearly indicate otherwise, the word,
443phrase, or term:
444     (18)  "Freshwater fish" means all classes of pisces that
445are native indigenous to fresh water.
446     (25)  "Nongame" means all species and populations of native
447indigenous wild vertebrates and invertebrates in the state that
448are not defined as game.
449     (34)  "Saltwater fish" means:
450     (a)  Any saltwater species of finfish of the classes
451Agnatha, Chondrichthyes, or Osteichthyes and marine
452invertebrates of the classes Gastropoda, Bivalvia, or Crustacea,
453or of the phylum Echinodermata, but does not include nonliving
454shells or echinoderms; and
455     (b)  All classes of pisces, shellfish, sponges, and
456crustacea native indigenous to salt water.
457     Section 9.  Subsection (2) of section 379.244, Florida
458Statutes, is amended to read:
459     379.244  Crustacea, marine animals, fish; regulations;
460general provisions.-
461     (2)  TAKING SALTWATER SPECIES FOR EXPERIMENTAL,
462AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION PURPOSES.-
463Notwithstanding any other provisions of general or special law
464to the contrary, the Fish and Wildlife Conservation Commission
465may authorize, upon such terms, conditions, and restrictions as
466it may prescribe by rule, any properly accredited person to
467harvest or possess native indigenous or nonnative nonindigenous
468saltwater species for experimental, scientific, education, and
469exhibition purposes or to harvest or possess reasonable
470quantities of aquacultural species for brood stock. Such
471authorizations may allow collection of specimens without regard
472to, and not limited to, size, seasonal closure, collection
473method, reproductive state, or bag limit. Authorizations issued
474under the provisions of this section may be suspended or revoked
475by the Fish and Wildlife Conservation Commission if it finds
476that the person has violated this section, Fish and Wildlife
477Conservation Commission rules or orders, or terms or conditions
478of the authorization or has submitted false or inaccurate
479information in his or her application.
480     Section 10.  Subsections (1) and (5) of section 379.26,
481Florida Statutes, are amended to read:
482     379.26  Illegal importation or possession of nonnative
483nonindigenous marine plants and animals; rules and regulations.-
484     (1)  It is unlawful to import or possess any marine plant
485or marine animal, not native indigenous to the state, which, due
486to the stimulating effect of the waters of the state on
487procreation, may endanger or infect the marine resources of the
488state or pose a human health hazard, except as provided in this
489section.
490     (5)  It is unlawful to release into the waters of the state
491any nonnative nonindigenous saltwater species whether or not
492included in subsection (2) or prohibited by rules and
493regulations adopted pursuant to subsection (3) or authorized by
494subsection (4).
495     Section 11.  Subsection (1) of section 379.304, Florida
496Statutes, is amended to read:
497     379.304  Exhibition or sale of wildlife.-
498     (1)  Permits issued pursuant to s. 379.3761 and places
499where wildlife is kept or held in captivity shall be subject to
500inspection by officers of the commission at all times. The
501commission shall have the power to release or confiscate any
502specimens of any wildlife, specifically birds, mammals,
503amphibians, or reptiles, whether native indigenous to the state
504or not, when it is found that conditions under which they are
505being confined are unsanitary, or unsafe to the public in any
506manner, or that the species of wildlife are being maltreated,
507mistreated, or neglected or kept in any manner contrary to the
508provisions of chapter 828, any such permit to the contrary
509notwithstanding. Before any such wildlife is confiscated or
510released under the authority of this section, the owner thereof
511shall have been advised in writing of the existence of such
512unsatisfactory conditions; the owner shall have been given 30
513days in which to correct such conditions; the owner shall have
514failed to correct such conditions; the owner shall have had an
515opportunity for a proceeding pursuant to chapter 120; and the
516commission shall have ordered such confiscation or release after
517careful consideration of all evidence in the particular case in
518question. The final order of the commission shall constitute
519final agency action.
520     Section 12.  Paragraph (b) of subsection (4) of section
521379.361, Florida Statutes, is amended to read:
522     379.361  Licenses.-
523     (4)  SPECIAL ACTIVITY LICENSES.-
524     (b)  The Fish and Wildlife Conservation Commission is
525authorized to issue special activity licenses in accordance with
526this section and s. 379.2524, to permit the importation and
527possession of wild anadromous sturgeon. The commission is also
528authorized to issue special activity licenses, in accordance
529with this section and s. 379.2524, to permit the importation,
530possession, and aquaculture of native and nonnative anadromous
531sturgeon until best management practices are implemented for the
532cultivation of anadromous sturgeon pursuant to s. 597.004. The
533special activity license shall provide for specific management
534practices to protect native indigenous populations of saltwater
535species.
536     Section 13.  Subsection (1) of section 379.363, Florida
537Statutes, is amended to read:
538     379.363  Freshwater fish dealer's license.-
539     (1)  No person shall engage in the business of taking for
540sale or selling any frogs or freshwater fish, including live
541bait, of any species or size, or importing any exotic or
542nonnative nonindigenous fish, until such person has obtained a
543license and paid the fee therefor as set forth herein. The
544license issued shall be in the possession of the person to whom
545issued while such person is engaging in the business of taking
546for sale or selling freshwater fish or frogs, is not
547transferable, shall bear on its face in indelible ink the name
548of the person to whom it is issued, and shall be affixed to a
549license identification card issued by the commission. Such
550license is not valid unless it bears the name of the person to
551whom it is issued and is so affixed. The failure of such person
552to exhibit such license to the commission or any of its wildlife
553officers when such person is found engaging in such business is
554a violation of law. The license fees and activities permitted
555under particular licenses are as follows:
556     (a)  The fee for a resident commercial fishing license,
557which permits a resident to take freshwater fish or frogs by any
558lawful method prescribed by the commission and to sell such fish
559or frogs, shall be $25. The license provided for in this
560paragraph shall also allow noncommercial fishing as provided by
561law and commission rules, and the license in s. 379.354(4)(a)
562shall not be required.
563     (b)  The fee for a resident freshwater fish dealer's
564license, which permits a resident to import, export, or sell
565freshwater fish or frogs, including live bait, shall be $40.
566     (c)  The fee for a nonresident commercial fishing license,
567which permits a nonresident to take freshwater fish or frogs as
568provided in paragraph (a), shall be $100.
569     (d)  The fee for a nonresident retail fish dealer's
570license, which permits a nonresident to sell freshwater fish or
571frogs to a consumer, shall be $100.
572     (e)  The fee for a nonresident wholesale fish dealer's
573license, which permits a nonresident to sell freshwater fish or
574frogs within the state, and to buy freshwater fish or frogs for
575resale, shall be $500.
576     (f)  The fee for a nonresident wholesale fish buyer's
577license, which permits a nonresident who does not sell
578freshwater fish or frogs in Florida to buy freshwater fish or
579frogs from resident fish dealers for resale outside the state,
580shall be $50.
581     (g)  Any individual or business issued an aquaculture
582certificate, pursuant to s. 597.004, shall be exempt from the
583requirements of this part with respect to aquaculture products
584authorized under such certificate.
585     (h)  There is levied, in addition to any other license fee
586thereon, an annual gear license fee of $50 upon each person
587fishing with trawl seines used in the fresh waters of the state.
588     (i)  There is levied, in addition to any other license fee
589thereon, an annual gear license fee of $100 upon each person
590fishing with haul seines used in the fresh waters of the state.
591     Section 14.  Subsection (1) of section 379.3762, Florida
592Statutes, is amended to read:
593     379.3762  Personal possession of wildlife.-
594     (1)  It is unlawful for any person or persons to possess
595any wildlife as defined in this act, whether native indigenous
596to Florida or not, until she or he has obtained a permit as
597provided by this section from the Fish and Wildlife Conservation
598Commission.
599     Section 15.  This act shall take effect July 1, 2010.


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