Florida Senate - 2015                                     SB 680
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00520B-15                                            2015680__
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending ss. 327.37, 327.39, and 327.50,
    4         F.S.; requiring personal flotation devices to be used
    5         in accordance with the United States Coast Guard
    6         approval labels; amending s. 379.357, F.S.; revising
    7         the dates for tarpon tag validity; deleting the
    8         requirement that tax collectors submit forms annually
    9         relating to the number of unissued tags; deleting the
   10         requirement for submitting forms relating to tarpon
   11         landed; amending s. 379.361, F.S.; removing the income
   12         requirement for a restricted species endorsement on a
   13         saltwater products license; amending s. 379.3012,
   14         F.S.; revising the rulemaking authority of the
   15         commission relating to the alligator management and
   16         trapping program; amending s. 379.364, F.S.; requiring
   17         resident dealers to pay a certain fee per annum;
   18         removing the requirement for dealers and buyers to
   19         forward reports relating to the number and kinds of
   20         hide bought; removing the requirement that common
   21         carriers only ship, transport, or receive hides or
   22         furs marked with certain identifying information;
   23         amending s. 379.3751, F.S.; removing the rulemaking
   24         authority of the commission to limit the number of
   25         participants engaged in the taking of alligators or
   26         their eggs from the wild and to establish appropriate
   27         qualifications for certain alligator collectors;
   28         providing exemptions for alligator trapping licenses;
   29         requiring certain licenses to be issued without fee to
   30         residents who meet the requirements for disability;
   31         clarifying that a management area permit is not
   32         required for a person engaged in the taking of an
   33         alligator under a permit that authorizes the taking of
   34         alligators; providing that the transfer of fees for
   35         marketing and education services is contingent upon
   36         annual appropriation; reenacting and amending s.
   37         379.3752, F.S.; removing the requirement that the
   38         commission expend one-third of the revenue from the
   39         issuance of alligator hatchling tags for alligator
   40         husbandry research; providing that the transfer of
   41         fees for marketing and education services is
   42         contingent upon annual appropriation; deleting the
   43         requirement that the number of tags pursuant to a
   44         collection permit be equal to a safe yield of
   45         alligators; amending s. 379.401, F.S.; conforming
   46         provisions to changes made by the act; creating s.
   47         379.412, F.S.; establishing penalties for the unlawful
   48         feeding of wildlife and freshwater fish; providing an
   49         exception; repealing s. 379.3011, F.S., relating to
   50         the alligator trapping program; repealing s. 379.3013,
   51         F.S., relating to alligator study requirements;
   52         repealing s. 379.3016, F.S., relating to the
   53         prohibition against the sale of alligator products and
   54         associated penalties; repealing s. 379.3017, F.S.,
   55         relating to the restricted use of the terms
   56         “alligator” or “gator” in certain sales; reenacting
   57         ss. 327.73(1)(i) and 327.375(1), F.S., to incorporate
   58         the amendment made by this act to s. 327.37, F.S., in
   59         references thereto; reenacting s. 327.73(1)(p), F.S.,
   60         to incorporate the amendment made by this act to s.
   61         327.39, F.S., in a reference thereto; reenacting ss.
   62         327.54(1)(c) and 327.73(1)(m), F.S., to incorporate
   63         the amendment made by this act to s. 327.50, F.S., in
   64         references thereto; providing an effective date.
   65          
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Paragraph (b) of subsection (2) of section
   69  327.37, Florida Statutes, is amended to read:
   70         327.37 Water skis, parasails, aquaplanes, kiteboarding,
   71  kitesurfing, and moored ballooning regulated.—
   72         (2)
   73         (b) A person may not engage in water skiing, parasailing,
   74  aquaplaning, or any similar activity unless such person is
   75  wearing a noninflatable type I, type II, type III, or type V
   76  personal flotation device approved by the United States Coast
   77  Guard and used in accordance with the United States Coast Guard
   78  approval label.
   79         Section 2. Subsection (1) of section 327.39, Florida
   80  Statutes, is amended to read:
   81         327.39 Personal watercraft regulated.—
   82         (1) A person may not operate a personal watercraft unless
   83  each person riding on or being towed behind such vessel is
   84  wearing a type I, type II, type III, or type V personal
   85  flotation device, other than an inflatable device, approved by
   86  the United States Coast Guard and used in accordance with the
   87  United States Coast Guard approval label.
   88         Section 3. Paragraph (b) of subsection (1) of section
   89  327.50, Florida Statutes, is amended to read:
   90         327.50 Vessel safety regulations; equipment and lighting
   91  requirements.—
   92         (1)
   93         (b) No person shall operate a vessel less than 26 feet in
   94  length on the waters of this state unless every person under 6
   95  years of age on board the vessel is wearing a United States type
   96  I, type II, or type III Coast Guard approved personal flotation
   97  device, used in accordance with the United States Coast Guard
   98  approval label, while such vessel is underway. For the purpose
   99  of this section, the term “underway” means shall mean at all
  100  times except when a vessel is anchored, moored, made fast to the
  101  shore, or aground.
  102         Section 4. Subsections (1) and (3) of section 379.357,
  103  Florida Statutes, are amended to read:
  104         379.357 Fish and Wildlife Conservation Commission license
  105  program for tarpon; fees; penalties.—
  106         (1) The commission shall establish a license program for
  107  the purpose of issuing tags to individuals desiring to harvest
  108  tarpon (Megalops atlanticus) (megalops atlantica) from the
  109  waters of the state. The tags shall be nontransferable, except
  110  that the commission may allow for a limited number of tags to be
  111  purchased by professional fishing guides for transfer to
  112  individuals, and issued by the commission in order of receipt of
  113  a properly completed application for a nonrefundable fee of $50
  114  per tag. The commission and any tax collector may sell the tags
  115  and collect the fees therefor. Tarpon tags are valid from
  116  January July 1 through December 31 June 30. Before August 15 of
  117  each year, each tax collector shall submit to the commission all
  118  unissued tags for the previous fiscal year along with a written
  119  audit report, on forms prescribed or approved by the commission,
  120  as to the numbers of the unissued tags. To defray the cost of
  121  issuing any tag, the issuing tax collector shall collect and
  122  retain as his or her costs, in addition to the tag fee
  123  collected, the amount allowed under s. 379.352(6) for the
  124  issuance of licenses.
  125         (3) An No individual may not shall take, kill, or possess
  126  any fish of the species Megalops atlanticus megalops atlantica,
  127  commonly known as tarpon, unless such individual has purchased a
  128  tarpon tag and securely attached it through the lower jaw of the
  129  fish. Said individual shall within 5 days after the landing of
  130  the fish submit a form to the commission which indicates the
  131  length, weight, and physical condition of the tarpon when
  132  caught; the date and location of where the fish was caught; and
  133  any other pertinent information which may be required by the
  134  commission. The commission may refuse to issue new tags to
  135  individuals or guides who fail to provide the required
  136  information.
  137         Section 5. Paragraph (b) of subsection (2) of section
  138  379.361, Florida Statutes, is amended to read:
  139         379.361 Licenses.—
  140         (2) SALTWATER PRODUCTS LICENSE.—
  141         (b)1. A restricted species endorsement on the saltwater
  142  products license is required to sell to a licensed wholesale
  143  dealer those species which the state, by law or rule, has
  144  designated as “restricted species.” This endorsement may be
  145  issued only to a person who is at least 16 years of age, or to a
  146  firm certifying that over 25 percent of its income or $5,000 of
  147  its income, whichever is less, is attributable to the sale of
  148  saltwater products pursuant to a saltwater products license
  149  issued under this paragraph or a similar license from another
  150  state. This endorsement may also be issued to a for-profit
  151  corporation if it certifies that at least $5,000 of its income
  152  is attributable to the sale of saltwater products pursuant to a
  153  saltwater products license issued under this paragraph or a
  154  similar license from another state. However, if at least 50
  155  percent of the annual income of a person, firm, or for-profit
  156  corporation is derived from charter fishing, the person, firm,
  157  or for-profit corporation must certify that at least $2,500 of
  158  the income of the person, firm, or corporation is attributable
  159  to the sale of saltwater products pursuant to a saltwater
  160  products license issued under this paragraph or a similar
  161  license from another state, in order to be issued the
  162  endorsement. Such income attribution must apply to at least 1 of
  163  the last 3 years. For the purpose of this section, “income”
  164  means that income that is attributable to work, employment,
  165  entrepreneurship, pensions, retirement benefits, and social
  166  security benefits.
  167         2. To renew an existing restricted species endorsement, a
  168  marine aquaculture producer possessing a valid saltwater
  169  products license with a restricted species endorsement may apply
  170  income from the sale of marine aquaculture products to licensed
  171  wholesale dealers.
  172         3. The commission may require verification of such income
  173  for all restricted species endorsements issued pursuant to this
  174  paragraph. Acceptable proof of income earned from the sale of
  175  saltwater products shall be:
  176         a. Copies of trip ticket records generated pursuant to this
  177  subsection (marine fisheries information system), documenting
  178  qualifying sale of saltwater products;
  179         b. Copies of sales records from locales other than Florida
  180  documenting qualifying sale of saltwater products;
  181         c. A copy of the applicable federal income tax return,
  182  including Form 1099 attachments, verifying income earned from
  183  the sale of saltwater products;
  184         d. Crew share statements verifying income earned from the
  185  sale of saltwater products; or
  186         e. A certified public accountant’s notarized statement
  187  attesting to qualifying source and amount of income.
  188         4. Notwithstanding any other provision of law, any person
  189  who owns a retail seafood market or restaurant at a fixed
  190  location for at least 3 years, who has had an occupational
  191  license for 3 years before January 1, 1990, who harvests
  192  saltwater products to supply his or her retail store, and who
  193  has had a saltwater products license for 1 of the past 3 license
  194  years before January 1, 1990, may provide proof of his or her
  195  verification of income and sales value at the person’s retail
  196  seafood market or restaurant and in his or her saltwater
  197  products enterprise by affidavit and shall thereupon be issued a
  198  restricted species endorsement.
  199         5. Exceptions from income requirements shall be as follows:
  200         a. A permanent restricted species endorsement shall be
  201  available to those persons age 62 and older who have qualified
  202  for such endorsement for at least 3 of the last 5 years.
  203         b. Active military duty time shall be excluded from
  204  consideration of time necessary to qualify and shall not be
  205  counted against the applicant for purposes of qualifying.
  206         c. Upon the sale of a used commercial fishing vessel owned
  207  by a person, firm, or corporation possessing or eligible for a
  208  restricted species endorsement, the purchaser of such vessel
  209  shall be exempted from the qualifying income requirement for the
  210  purpose of obtaining a restricted species endorsement for a
  211  complete license year after purchase of the vessel.
  212         d. Upon the death or permanent disablement of a person
  213  possessing a restricted species endorsement, an immediate family
  214  member wishing to carry on the fishing operation shall be
  215  exempted from the qualifying income requirement for the purpose
  216  of obtaining a restricted species endorsement for a complete
  217  license year after the death or disablement.
  218         e. A restricted species endorsement may be issued on an
  219  individual saltwater products license to a person age 62 or
  220  older who documents that at least $2,500 of such person’s income
  221  is attributable to the sale of saltwater products.
  222         f. A permanent restricted species endorsement may also be
  223  issued on an individual saltwater products license to a person
  224  age 70 or older who has held a saltwater products license for at
  225  least 3 of the last 5 license years.
  226         g. Any resident who is certified to be totally and
  227  permanently disabled by the Railroad Retirement Board, by the
  228  United States Department of Veterans Affairs or its predecessor,
  229  or by any branch of the United States Armed Forces, or who holds
  230  a valid identification card issued by the Department of
  231  Veterans’ Affairs pursuant to s. 295.17, upon proof of the same,
  232  or any resident certified to be disabled by the United States
  233  Social Security Administration or a licensed physician, upon
  234  proof of the same, shall be exempted from the income
  235  requirements if he or she also has held a saltwater products
  236  license for at least 3 of the last 5 license years before the
  237  date of the disability. A restricted species endorsement issued
  238  under this paragraph may be issued only on an individual
  239  saltwater products license.
  240         h. An honorably discharged, resident military veteran
  241  certified by the United States Department of Veterans Affairs or
  242  its predecessor or by any branch of the United States Armed
  243  Forces to have a service-connected permanent disability rating
  244  of 10 percent or higher, upon providing proof of such disability
  245  rating, is not required to provide documentation for the income
  246  requirement with his or her initial application for a restricted
  247  species endorsement. Documentation for the income requirement is
  248  required beginning with the renewal of the restricted species
  249  endorsement after such veteran has possessed a valid restricted
  250  species endorsement for a complete license year. This exemption
  251  applies only to issuance of the endorsement on an individual
  252  saltwater products license and is a one-time exemption. In order
  253  to renew the restricted species endorsement on an individual
  254  saltwater products license, the veteran must document that at
  255  least $2,500 of his or her income is attributable to the sale of
  256  saltwater products.
  257         i. Beginning July 1, 2014, a resident military veteran who
  258  applies to the commission within 48 months after receiving an
  259  honorable discharge from any branch of the United States Armed
  260  Forces, the United States Coast Guard, the military reserves,
  261  the Florida National Guard, or the United States Coast Guard
  262  Reserve is not required to provide documentation for the income
  263  requirement with his or her initial application for a restricted
  264  species endorsement. Documentation for the income requirement is
  265  required beginning with the renewal of the restricted species
  266  endorsement after such veteran has possessed a valid restricted
  267  species endorsement for a complete license year. This exemption
  268  applies only to issuance of the endorsement on an individual
  269  saltwater products license and may only be applied one time per
  270  military enlistment.
  271         j. Until June 30, 2014, a resident military veteran who
  272  applies to the commission and who received an honorable
  273  discharge from any branch of the United States Armed Forces, the
  274  United States Coast Guard, the military reserves, the Florida
  275  National Guard, or the United States Coast Guard Reserve between
  276  September 11, 2001, and June 30, 2014, is not required to
  277  provide documentation for the income requirement with his or her
  278  initial application for a restricted species endorsement.
  279  Documentation for the income requirement is required beginning
  280  with the renewal of the restricted species endorsement after
  281  such veteran has possessed a valid restricted species
  282  endorsement for a complete license year. This exemption applies
  283  only to issuance of the endorsement on an individual saltwater
  284  products license.
  285         Section 6. Section 379.3012, Florida Statutes, is amended
  286  to read:
  287         379.3012 Alligator management and trapping program
  288  implementation; commission authority.—
  289         (1) In any alligator management and trapping program that
  290  the Fish and Wildlife Conservation Commission shall establish,
  291  the commission shall have the authority to adopt all rules
  292  necessary for full and complete implementation of such alligator
  293  management and trapping program, and, in order to ensure its
  294  lawful, safe, and efficient operation in accordance therewith,
  295  may:
  296         (a) Regulate the marketing and sale of alligators, their
  297  hides, eggs, meat, and byproducts, including the development and
  298  maintenance of a state-sanctioned sale.
  299         (b) Regulate the handling and processing of alligators,
  300  their eggs, hides, meat, and byproducts, for the lawful, safe,
  301  and sanitary handling and processing of same.
  302         (c) Regulate commercial alligator farming facilities and
  303  operations for the captive propagation and rearing of alligators
  304  and their eggs.
  305         (d) Provide hide-grading services by two or more
  306  individuals pursuant to state-sanctioned sales if rules are
  307  first promulgated by the commission governing:
  308         1. All grading-related services to be provided pursuant to
  309  this section;
  310         2. Criteria for qualifications of persons to serve as hide
  311  graders for grading services to be provided pursuant to this
  312  section; and
  313         3. The certification process by which hide-graders
  314  providing services pursuant to this section will be certified.
  315         (e) Provide sales-related services by contract pursuant to
  316  state-sanctioned sales if rules governing such services are
  317  first promulgated by the commission.
  318         (2) All contractors of the commission for the grading,
  319  marketing, and sale of alligators and their hides, eggs, meat,
  320  and byproducts shall not engage in any act constituting a
  321  conflict of interest under part III of chapter 112.
  322         (3) The powers and duties of the commission to implement
  323  the alligator management program may hereunder shall not be
  324  construed so as to supersede the regulatory authority or lawful
  325  responsibility of the Department of Agriculture and Consumer
  326  Services, the Department of Health, or any local governmental
  327  entity regarding the processing or handling of food products,
  328  but is shall be deemed supplemental thereto.
  329         Section 7. Section 379.364, Florida Statutes, is amended to
  330  read:
  331         379.364 License required for fur and hide dealers.—
  332         (1) It is unlawful for a any person to engage in the
  333  business of a dealer or buyer in green or dried alligator hides
  334  skins or green or dried furs in the state or purchase such hides
  335  or furs skins within the state until such person has been
  336  licensed as herein provided.
  337         (2) A person Any resident dealer or buyer who solicits
  338  business through the mails, or by advertising, or who travels to
  339  buy or employs or has other agents or buyers, shall be deemed a
  340  resident state dealer and must pay a license fee of $100 per
  341  annum.
  342         (3) A resident dealer must pay a license fee of $100 per
  343  annum. A nonresident dealer or buyer must pay a license fee of
  344  $500 per annum.
  345         (4) All dealers and buyers shall forward to the Fish and
  346  Wildlife Conservation Commission each 2 weeks during open season
  347  a report showing number and kind of hides bought and name of
  348  trapper from whom bought and the trapper’s license number, or if
  349  trapper is exempt from license under any of the provisions of
  350  this chapter, such report shall show the nature of such
  351  exemption. A common carrier may not knowingly ship or transport
  352  or receive for transportation any hides or furs unless such
  353  shipments have marked thereon name of shipper and the number of
  354  her or his fur-animal license or fur dealer’s license.
  355         Section 8. Subsections (1), (4), and (5) of section
  356  379.3751, Florida Statutes, are amended to read:
  357         379.3751 Taking and possession of alligators; trapping
  358  licenses; fees.—
  359         (1)(a) A No person may not shall take or possess an any
  360  alligator or the eggs thereof without having first been issued
  361  an alligator license under to obtained from the commission a
  362  trapping license and paid the fee provided in this section. Such
  363  license shall be dated when issued and remain valid for 12
  364  months after the date of issuance and authorizes shall authorize
  365  the person to whom it is issued to take or possess alligators
  366  and their eggs, and to sell, possess, and process alligators and
  367  their hides and meat, in accordance with law and commission
  368  rules. Such license is shall not be transferable and is shall
  369  not be valid unless it bears on its face in indelible ink the
  370  name of the person to whom it is issued. Such license shall be
  371  in the personal possession of the licensee while such person is
  372  taking alligators or their eggs or is selling, possessing, or
  373  processing alligators or their eggs, hides, or meat. The failure
  374  of the licensee to exhibit such license to a the commission law
  375  enforcement officer or its wildlife officers, when such person
  376  is found taking alligators or their eggs or is found selling,
  377  possessing, or processing alligators or their eggs, hides, or
  378  meat, is shall be a violation of law.
  379         (b) In order to assure the optimal utilization of the
  380  estimated available alligator resource and to ensure adequate
  381  control of the alligator management and harvest program, the
  382  commission may by rule limit the number of participants engaged
  383  in the taking of alligators or their eggs from the wild.
  384         (b)(c)A No person who has been convicted of any violation
  385  of s. 379.3015 or s. 379.409 or the rules of the commission
  386  relating to the illegal taking of crocodilian species may not
  387  shall be issued eligible for issuance of a license for a period
  388  of 5 years subsequent to such conviction. In the event such
  389  violation involves the unauthorized taking of an endangered
  390  crocodilian species, a no license may not shall be issued for 10
  391  years subsequent to the conviction.
  392         (c) A person taking a nuisance alligator pursuant to
  393  contract with the commission is not required to obtain an
  394  alligator trapping license. A person assisting a contracted
  395  nuisance alligator trapper, unless otherwise exempt under
  396  paragraph (d), paragraph (e), or paragraph (f), is required to
  397  possess an alligator trapping agent’s license as provided in
  398  subsection (2).
  399         (d) A child under 16 years of age taking an alligator under
  400  an alligator harvest program implemented by commission rule is
  401  not required to obtain an alligator trapping agent license.
  402         (e) A person taking an alligator pursuant to an event
  403  permit issued under s. 379.353(2)(q) is not required to obtain
  404  an alligator trapping license or an alligator trapping agent
  405  license.
  406         (f) An alligator trapping license or alligator trapping
  407  agent license must be issued without fee to any resident who
  408  meets the requirements for disability under s. 379.353(1).
  409         (g) A management area permit under s. 379.354(8) is not
  410  required for a person engaged in the taking of an alligator
  411  under a permit issued by the commission that authorizes the
  412  taking of alligators.
  413         (4) A No person may not shall take any alligator egg
  414  occurring in the wild or possess any such egg unless he or she
  415  such person has obtained, or is a licensed agent of another
  416  person who has obtained, an alligator egg collection permit. The
  417  alligator egg collection permit is shall be required in addition
  418  to the alligator farming license provided in paragraph (2)(d).
  419  The commission may is authorized to assess a fee for issuance of
  420  the alligator egg collection permit of up to $5 per egg
  421  authorized to be taken or possessed pursuant to such permit.
  422  Contingent upon an annual appropriation for alligator marketing
  423  and education activities Irrespective of whether a fee is
  424  assessed, $1 per egg collected and retained, excluding eggs
  425  collected on private wetland management areas, shall be
  426  transferred from the alligator management program to the General
  427  Inspection Trust Fund, to be administered by the Department of
  428  Agriculture and Consumer Services for the purpose of providing
  429  marketing and education services with respect to alligator
  430  products produced in this state, notwithstanding other
  431  provisions in this chapter.
  432         (5) The commission shall adopt criteria by rule to
  433  establish appropriate qualifications for alligator collectors
  434  who may receive permits pursuant to this section.
  435         Section 9. Section 379.3752, Florida Statutes, is reenacted
  436  and amended to read:
  437         379.3752 Required tagging of alligators and hides; fees;
  438  revenues.—The tags provided in this section shall be required in
  439  addition to any license required under s. 379.3751.
  440         (1) A No person may not shall take any alligator occurring
  441  in the wild or possess any such alligator unless such alligator
  442  is subsequently tagged in the manner required by commission
  443  rule. For the tag required for an alligator hatchling, the
  444  commission may is authorized to assess a fee of up to not more
  445  than $15 for each alligator hatchling tag issued. The commission
  446  shall expend one-third of the revenue generated from the
  447  issuance of the alligator hatchling tag for alligator husbandry
  448  research.
  449         (2) The commission may require that an alligator hide
  450  validation tag (CITES tag) be affixed to the hide of any
  451  alligator taken from the wild and that such hide be possessed,
  452  purchased, sold, offered for sale, or transported in accordance
  453  with commission rule. The commission may is authorized to assess
  454  a fee of up to $30 for each alligator hide validation tag (CITES
  455  tag) issued. Contingent upon an annual appropriation for
  456  alligator marketing and education activities Irrespective of
  457  whether a fee is assessed, $5 per validated hide, excluding
  458  those validated from public hunt programs and alligator farms,
  459  shall be transferred from the alligator management program to
  460  the General Inspection Trust Fund, to be administered by the
  461  Department of Agriculture and Consumer Services for the purpose
  462  of providing marketing and education services with respect to
  463  alligator products produced in this state, notwithstanding other
  464  provisions in this chapter.
  465         (3) The number of tags available for alligators taken
  466  pursuant to a collection permit shall be limited to the number
  467  of tags determined by the commission to equal the safe yield of
  468  alligators as determined pursuant to s. 379.3013.
  469         Section 10. Paragraph (a) of subsection (2) of section
  470  379.401, Florida Statutes, is amended to read:
  471         379.401 Penalties and violations; civil penalties for
  472  noncriminal infractions; criminal penalties; suspension and
  473  forfeiture of licenses and permits.—
  474         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
  475  violation if he or she violates any of the following provisions:
  476         1. Rules or orders of the commission relating to seasons or
  477  time periods for the taking of wildlife, freshwater fish, or
  478  saltwater fish.
  479         2. Rules or orders of the commission establishing bag,
  480  possession, or size limits or restricting methods of taking
  481  wildlife, freshwater fish, or saltwater fish.
  482         3. Rules or orders of the commission prohibiting access or
  483  otherwise relating to access to wildlife management areas or
  484  other areas managed by the commission.
  485         4. Rules or orders of the commission relating to the
  486  feeding of wildlife, freshwater fish, or saltwater fish.
  487         5. Rules or orders of the commission relating to landing
  488  requirements for freshwater fish or saltwater fish.
  489         6. Rules or orders of the commission relating to restricted
  490  hunting areas, critical wildlife areas, or bird sanctuaries.
  491         7. Rules or orders of the commission relating to tagging
  492  requirements for wildlife and fur-bearing animals.
  493         8. Rules or orders of the commission relating to the use of
  494  dogs for the taking of wildlife.
  495         9. Rules or orders of the commission which are not
  496  otherwise classified.
  497         10. Rules or orders of the commission prohibiting the
  498  unlawful use of finfish traps.
  499         11. All prohibitions in this chapter which are not
  500  otherwise classified.
  501         12. Section 379.33, prohibiting the violation of or
  502  noncompliance with commission rules.
  503         13. Section 379.407(7), prohibiting the sale, purchase,
  504  harvest, or attempted harvest of any saltwater product with
  505  intent to sell.
  506         14. Section 379.2421, prohibiting the obstruction of
  507  waterways with net gear.
  508         15. Section 379.413, prohibiting the unlawful taking of
  509  bonefish.
  510         16. Section 379.365(2)(a) and (b), prohibiting the
  511  possession or use of stone crab traps without trap tags and
  512  theft of trap contents or gear.
  513         17. Section 379.366(4)(b), prohibiting the theft of blue
  514  crab trap contents or trap gear.
  515         18. Section 379.3671(2)(c), prohibiting the possession or
  516  use of spiny lobster traps without trap tags or certificates and
  517  theft of trap contents or trap gear.
  518         19. Section 379.357, prohibiting the possession of tarpon
  519  without purchasing a tarpon tag.
  520         20. Rules or orders of the commission prohibiting the
  521  feeding or enticement of alligators or crocodiles.
  522         20.21. Section 379.105, prohibiting the intentional
  523  harassment of hunters, fishers, or trappers.
  524         Section 11. Section 379.412, Florida Statutes, is created
  525  to read:
  526         379.412 Penalties for feeding wildlife and freshwater
  527  fish.
  528         (1)The penalties in this section apply to a violation of
  529  rules or orders of the commission which prohibit or restrict the
  530  following: feeding wildlife or freshwater fish with food or
  531  garbage, attracting or enticing wildlife or freshwater fish with
  532  food or garbage, or allowing the placement of food or garbage in
  533  a manner that attracts or entices wildlife or freshwater fish.
  534  This section does not apply to rules or orders of the commission
  535  which relate to animals that are held in captivity, restrict the
  536  taking or hunting of species over bait or other intentionally
  537  placed or deposited food, or restrict the taking or hunting of
  538  species in proximity to feeding stations.
  539         (2) Any person who violates a prohibition or restriction
  540  identified in subsection (1):
  541         (a) For a first violation, commits a noncriminal
  542  infraction, punishable by a civil penalty of $100.
  543         1. A person cited for a violation under this paragraph must
  544  sign and accept a citation to appear before the county court.
  545  The issuing officer may indicate on the citation the time and
  546  location of the scheduled hearing and must indicate the
  547  applicable civil penalty.
  548         2. A person cited for a violation under this paragraph may
  549  pay the civil penalty by mail or in person within 30 days after
  550  receipt of the citation. If the civil penalty is paid, the
  551  person shall be deemed to have admitted committing the violation
  552  and to have waived his or her right to a hearing before the
  553  county court. Such admission may not be used as evidence in any
  554  other proceedings except to determine the appropriate fine for
  555  any subsequent violations.
  556         3. A person who refuses to accept a citation, who fails to
  557  pay the civil penalty for a violation, or who fails to appear
  558  before a county court as required commits a misdemeanor of the
  559  second degree, punishable as provided in s. 775.082 or s.
  560  775.083.
  561         4. A person who elects or is required to appear before the
  562  county court is deemed to have waived the limitation on civil
  563  penalties provided under this paragraph. After a hearing, the
  564  county court shall determine whether a violation has been
  565  committed, and if so, may impose a civil penalty of at least
  566  $100. A person found guilty of committing a violation may appeal
  567  that finding to the circuit court. The commission of a violation
  568  must be proved beyond a reasonable doubt.
  569         (b) For second and subsequent violations, if all violations
  570  are related to freshwater fish or wildlife other than bears,
  571  alligators, or other crocodilians, commits a misdemeanor of the
  572  second degree, punishable as provided in s. 775.082 or s.
  573  775.083.
  574         (c) For a second violation, if each violation is related to
  575  bears, alligators, or other crocodilians, commits a misdemeanor
  576  of the second degree, punishable as provided in s. 775.082 or s.
  577  775.083.
  578         (d) For a third violation, if all violations are related to
  579  bears, alligators, or other crocodilians, commits a misdemeanor
  580  of the first degree, punishable as provided in s. 775.082 or s.
  581  775.083.
  582         (e) For a fourth or subsequent violation, if all violations
  583  are related to bears, alligators, or other crocodilians, commits
  584  a felony of the third degree, punishable as provided in s.
  585  775.082, s. 775.083, or s. 775.084.
  586         (3) As used in this section, the term “violation” means any
  587  judicial disposition other than acquittal or dismissal.
  588         Section 12. Section 379.3011, Florida Statutes, is
  589  repealed.
  590         Section 13. Section 379.3013, Florida Statutes, is
  591  repealed.
  592         Section 14. Section 379.3016, Florida Statutes, is
  593  repealed.
  594         Section 15. Section 379.3017, Florida Statutes, is
  595  repealed.
  596         Section 16. Paragraph (i) of subsection (1) of s. 327.73,
  597  Florida Statutes, and subsection (1) of s. 327.375, Florida
  598  Statutes, are reenacted for the purpose of incorporating the
  599  amendment made by this act to s. 327.37, Florida Statutes, in
  600  references thereto.
  601         Section 17. Paragraph (p) of subsection (1) of s. 327.73,
  602  Florida Statutes, is reenacted for the purpose of incorporating
  603  the amendment made by this act to s. 327.39, Florida Statutes,
  604  in a reference thereto.
  605         Section 18. Paragraph (c) of subsection (1) of s. 327.54,
  606  Florida Statutes, and paragraph (m) of subsection (1) of s.
  607  327.73, Florida Statutes, are reenacted for the purpose of
  608  incorporating the amendment made by this act to s. 327.50,
  609  Florida Statutes, in references thereto.
  610         Section 19. This act shall take effect upon becoming a law.