Florida Senate - 2015 CS for CS for SB 680
By the Committees on Appropriations; and Environmental
Preservation and Conservation; and Senator Dean
576-04259A-15 2015680c2
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 that personal flotation devices be
5 used in accordance with the United States Coast Guard
6 approval label; reenacting s. 327.50(1)(a), F.S.,
7 relating to vessel safety equipment, to incorporate
8 changes to federal regulations; amending s. 379.223,
9 F.S.; authorizing citizen support organizations to
10 receive funds from the commission if the organization
11 provides services by contract under certain
12 circumstances; amending s. 379.3012, F.S.; revising
13 the rulemaking authority of the commission relating to
14 the alligator management and trapping program;
15 amending s. 379.357, F.S.; revising the dates for
16 tarpon tag validity; deleting the requirement that tax
17 collectors submit forms annually relating to the
18 number of unissued tags; deleting the requirement for
19 submitting forms relating to tarpon landed; amending
20 s. 379.361, F.S.; removing the income requirement for
21 a restricted species endorsement on a saltwater
22 products license; amending s. 379.364, F.S.; requiring
23 resident dealers to pay a certain fee per annum;
24 removing the requirement for dealers and buyers to
25 forward reports relating to the number and kinds of
26 hide bought; removing the requirement that common
27 carriers ship, transport, or receive only hides or
28 furs marked with certain identifying information;
29 amending s. 379.3751, F.S.; removing the rulemaking
30 authority of the commission to limit the number of
31 participants engaged in the taking of alligators or
32 their eggs from the wild and to establish appropriate
33 qualifications for certain alligator collectors;
34 providing exemptions for alligator trapping licenses;
35 requiring certain licenses to be issued without fee to
36 residents who meet the requirements for disability;
37 clarifying that a management area permit is not
38 required for a person engaged in the taking of an
39 alligator under a permit that authorizes the taking of
40 alligators; providing that the transfer of fees for
41 marketing and education services is contingent upon
42 annual appropriation; amending s. 379.3752, F.S.;
43 removing the requirement that the commission expend
44 one-third of the revenue from the issuance of
45 alligator hatchling tags for alligator husbandry
46 research; providing that the transfer of fees for
47 marketing and education services is contingent upon
48 annual appropriation; deleting the requirement that
49 the number of tags pursuant to a collection permit be
50 equal to a safe yield of alligators; amending s.
51 379.401, F.S.; conforming provisions to changes made
52 by the act; creating s. 379.412, F.S.; establishing
53 penalties for the unlawful feeding of wildlife and
54 freshwater fish; providing applicability; defining the
55 term “violation”; repealing s. 379.3011, F.S.,
56 relating to the alligator trapping program; repealing
57 s. 379.3013, F.S., relating to alligator study
58 requirements; repealing s. 379.3016, F.S., relating to
59 the prohibition against the sale of alligator products
60 and associated penalties; repealing s. 379.3017, F.S.,
61 relating to the restricted use of the terms
62 “alligator” or “gator” in certain sales; providing an
63 effective date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Paragraph (b) of subsection (2) of section
68 327.37, Florida Statutes, is amended to read:
69 327.37 Water skis, parasails, aquaplanes, kiteboarding,
70 kitesurfing, and moored ballooning regulated.—
71 (2)
72 (b) A person may not engage in water skiing, parasailing,
73 aquaplaning, or any similar activity unless such person is
74 wearing a noninflatable type I, type II, type III, or type V
75 personal flotation device currently approved by the United
76 States Coast Guard and used in accordance with the United States
77 Coast Guard approval label.
78 Section 2. Subsection (1) of section 327.39, Florida
79 Statutes, is amended to read:
80 327.39 Personal watercraft regulated.—
81 (1) A person may not operate a personal watercraft unless
82 each person riding on or being towed behind such vessel is
83 wearing a type I, type II, type III, or type V personal
84 flotation device, other than an inflatable device, currently
85 approved by the United States Coast Guard and used in accordance
86 with the United States Coast Guard approval label.
87 Section 3. Paragraph (b) of subsection (1) of section
88 327.50, Florida Statutes, is amended, and paragraph (a) of that
89 subsection is reenacted, to read:
90 327.50 Vessel safety regulations; equipment and lighting
91 requirements.—
92 (1)(a) The owner and operator of every vessel on the waters
93 of this state shall carry, store, maintain, and use safety
94 equipment in accordance with current United States Coast Guard
95 safety equipment requirements as specified in the Code of
96 Federal Regulations, unless expressly exempted by the
97 department.
98 (b) A No person may not shall operate a vessel less than 26
99 feet in length on the waters of this state unless every person
100 under 6 years of age on board the vessel is wearing a type I,
101 type II, or type III Coast Guard approved personal flotation
102 device currently approved by the United States Coast Guard and
103 used in accordance with the United States Coast Guard approval
104 label while such vessel is underway. For the purpose of this
105 section, the term “underway” means shall mean at all times
106 except when a vessel is anchored, moored, made fast to the
107 shore, or aground.
108 Section 4. Paragraph (b) of subsection (1) of section
109 379.223, Florida Statutes, is amended to read:
110 379.223 Citizen support organizations; use of state
111 property; audit.—
112 (1) The Fish and Wildlife Conservation Commission may
113 authorize the establishment of citizen support organizations to
114 provide assistance, funding, and promotional support for the
115 programs of the commission. For purposes of this section, the
116 term “citizen support organization” means an organization which:
117 (b) Is organized and operated to conduct programs and
118 activities; raise funds; request and receive grants, gifts, and
119 bequests of money; acquire, receive, hold, invest, and
120 administer in its own name securities, funds, or real or
121 personal property; and make expenditures for the benefit of the
122 commission or an individual program unit of the commission;
123 except that such organization may not receive funds from the
124 commission or the Fish and Wildlife Research Institute by grant
125 or, gift, or contract unless specifically authorized by the
126 Legislature. If the citizen support organization by contract
127 provides fiscal and administrative services to the commission
128 for a grant or program that benefits the commission, the
129 organization may be reimbursed or compensated for such services
130 by the commission, provided the services are a direct benefit to
131 the commission.
132 Section 5. Section 379.3012, Florida Statutes, is amended
133 to read:
134 379.3012 Alligator management and trapping program
135 implementation; commission authority.—
136 (1) In any alligator management and trapping program that
137 the Fish and Wildlife Conservation Commission shall establish,
138 the commission shall have the authority to adopt all rules
139 necessary for full and complete implementation of such alligator
140 management and trapping program, and, in order to ensure its
141 lawful, safe, and efficient operation in accordance therewith,
142 may:
143 (a) Regulate the marketing and sale of alligators, their
144 hides, eggs, meat, and byproducts, including the development and
145 maintenance of a state-sanctioned sale.
146 (b) Regulate the handling and processing of alligators,
147 their eggs, hides, meat, and byproducts, for the lawful, safe,
148 and sanitary handling and processing of same.
149 (c) Regulate commercial alligator farming facilities and
150 operations for the captive propagation and rearing of alligators
151 and their eggs.
152 (d) Provide hide-grading services by two or more
153 individuals pursuant to state-sanctioned sales if rules are
154 first promulgated by the commission governing:
155 1. All grading-related services to be provided pursuant to
156 this section;
157 2. Criteria for qualifications of persons to serve as hide
158 graders for grading services to be provided pursuant to this
159 section; and
160 3. The certification process by which hide-graders
161 providing services pursuant to this section will be certified.
162 (e) Provide sales-related services by contract pursuant to
163 state-sanctioned sales if rules governing such services are
164 first promulgated by the commission.
165 (2) All contractors of the commission for the grading,
166 marketing, and sale of alligators and their hides, eggs, meat,
167 and byproducts shall not engage in any act constituting a
168 conflict of interest under part III of chapter 112.
169 (3) The powers and duties of the commission to implement
170 the alligator management program may hereunder shall not be
171 construed so as to supersede the regulatory authority or lawful
172 responsibility of the Department of Agriculture and Consumer
173 Services, the Department of Health, or any local governmental
174 entity regarding the processing or handling of food products,
175 but is shall be deemed supplemental thereto.
176 Section 6. Subsections (1) and (3) of section 379.357,
177 Florida Statutes, are amended to read:
178 379.357 Fish and Wildlife Conservation Commission license
179 program for tarpon; fees; penalties.—
180 (1) The commission shall establish a license program for
181 the purpose of issuing tags to individuals desiring to harvest
182 tarpon (Megalops atlanticus) (megalops atlantica) from the
183 waters of the state. The tags shall be nontransferable, except
184 that the commission may allow for a limited number of tags to be
185 purchased by professional fishing guides for transfer to
186 individuals, and issued by the commission in order of receipt of
187 a properly completed application for a nonrefundable fee of $50
188 per tag. The commission and any tax collector may sell the tags
189 and collect the fees therefor. Tarpon tags are valid from
190 January July 1 through December 31 June 30. Before August 15 of
191 each year, each tax collector shall submit to the commission all
192 unissued tags for the previous fiscal year along with a written
193 audit report, on forms prescribed or approved by the commission,
194 as to the numbers of the unissued tags. To defray the cost of
195 issuing any tag, the issuing tax collector shall collect and
196 retain as his or her costs, in addition to the tag fee
197 collected, the amount allowed under s. 379.352(6) for the
198 issuance of licenses.
199 (3) An No individual may not shall take, kill, or possess
200 any fish of the species Megalops atlanticus megalops atlantica,
201 commonly known as tarpon, unless such individual has purchased a
202 tarpon tag and securely attached it through the lower jaw of the
203 fish. Said individual shall within 5 days after the landing of
204 the fish submit a form to the commission which indicates the
205 length, weight, and physical condition of the tarpon when
206 caught; the date and location of where the fish was caught; and
207 any other pertinent information which may be required by the
208 commission. The commission may refuse to issue new tags to
209 individuals or guides who fail to provide the required
210 information.
211 Section 7. Paragraph (b) of subsection (2) of section
212 379.361, Florida Statutes, is amended to read:
213 379.361 Licenses.—
214 (2) SALTWATER PRODUCTS LICENSE.—
215 (b)1. A restricted species endorsement on the saltwater
216 products license is required to sell to a licensed wholesale
217 dealer those species which the state, by law or rule, has
218 designated as “restricted species.” This endorsement may be
219 issued only to a person who is at least 16 years of age, or to a
220 firm certifying that over 25 percent of its income or $5,000 of
221 its income, whichever is less, is attributable to the sale of
222 saltwater products pursuant to a saltwater products license
223 issued under this paragraph or a similar license from another
224 state. This endorsement may also be issued to a for-profit
225 corporation if it certifies that at least $5,000 of its income
226 is attributable to the sale of saltwater products pursuant to a
227 saltwater products license issued under this paragraph or a
228 similar license from another state. However, if at least 50
229 percent of the annual income of a person, firm, or for-profit
230 corporation is derived from charter fishing, the person, firm,
231 or for-profit corporation must certify that at least $2,500 of
232 the income of the person, firm, or corporation is attributable
233 to the sale of saltwater products pursuant to a saltwater
234 products license issued under this paragraph or a similar
235 license from another state, in order to be issued the
236 endorsement. Such income attribution must apply to at least 1 of
237 the last 3 years. For the purpose of this section, “income”
238 means that income that is attributable to work, employment,
239 entrepreneurship, pensions, retirement benefits, and social
240 security benefits.
241 2. To renew an existing restricted species endorsement, a
242 marine aquaculture producer possessing a valid saltwater
243 products license with a restricted species endorsement may apply
244 income from the sale of marine aquaculture products to licensed
245 wholesale dealers.
246 3. The commission may require verification of such income
247 for all restricted species endorsements issued pursuant to this
248 paragraph. Acceptable proof of income earned from the sale of
249 saltwater products shall be:
250 a. Copies of trip ticket records generated pursuant to this
251 subsection (marine fisheries information system), documenting
252 qualifying sale of saltwater products;
253 b. Copies of sales records from locales other than Florida
254 documenting qualifying sale of saltwater products;
255 c. A copy of the applicable federal income tax return,
256 including Form 1099 attachments, verifying income earned from
257 the sale of saltwater products;
258 d. Crew share statements verifying income earned from the
259 sale of saltwater products; or
260 e. A certified public accountant’s notarized statement
261 attesting to qualifying source and amount of income.
262 4. Notwithstanding any other provision of law, any person
263 who owns a retail seafood market or restaurant at a fixed
264 location for at least 3 years, who has had an occupational
265 license for 3 years before January 1, 1990, who harvests
266 saltwater products to supply his or her retail store, and who
267 has had a saltwater products license for 1 of the past 3 license
268 years before January 1, 1990, may provide proof of his or her
269 verification of income and sales value at the person’s retail
270 seafood market or restaurant and in his or her saltwater
271 products enterprise by affidavit and shall thereupon be issued a
272 restricted species endorsement.
273 5. Exceptions from income requirements shall be as follows:
274 a. A permanent restricted species endorsement shall be
275 available to those persons age 62 and older who have qualified
276 for such endorsement for at least 3 of the last 5 years.
277 b. Active military duty time shall be excluded from
278 consideration of time necessary to qualify and shall not be
279 counted against the applicant for purposes of qualifying.
280 c. Upon the sale of a used commercial fishing vessel owned
281 by a person, firm, or corporation possessing or eligible for a
282 restricted species endorsement, the purchaser of such vessel
283 shall be exempted from the qualifying income requirement for the
284 purpose of obtaining a restricted species endorsement for a
285 complete license year after purchase of the vessel.
286 d. Upon the death or permanent disablement of a person
287 possessing a restricted species endorsement, an immediate family
288 member wishing to carry on the fishing operation shall be
289 exempted from the qualifying income requirement for the purpose
290 of obtaining a restricted species endorsement for a complete
291 license year after the death or disablement.
292 e. A restricted species endorsement may be issued on an
293 individual saltwater products license to a person age 62 or
294 older who documents that at least $2,500 of such person’s income
295 is attributable to the sale of saltwater products.
296 f. A permanent restricted species endorsement may also be
297 issued on an individual saltwater products license to a person
298 age 70 or older who has held a saltwater products license for at
299 least 3 of the last 5 license years.
300 g. Any resident who is certified to be totally and
301 permanently disabled by the Railroad Retirement Board, by the
302 United States Department of Veterans Affairs or its predecessor,
303 or by any branch of the United States Armed Forces, or who holds
304 a valid identification card issued by the Department of
305 Veterans’ Affairs pursuant to s. 295.17, upon proof of the same,
306 or any resident certified to be disabled by the United States
307 Social Security Administration or a licensed physician, upon
308 proof of the same, shall be exempted from the income
309 requirements if he or she also has held a saltwater products
310 license for at least 3 of the last 5 license years before the
311 date of the disability. A restricted species endorsement issued
312 under this paragraph may be issued only on an individual
313 saltwater products license.
314 h. An honorably discharged, resident military veteran
315 certified by the United States Department of Veterans Affairs or
316 its predecessor or by any branch of the United States Armed
317 Forces to have a service-connected permanent disability rating
318 of 10 percent or higher, upon providing proof of such disability
319 rating, is not required to provide documentation for the income
320 requirement with his or her initial application for a restricted
321 species endorsement. Documentation for the income requirement is
322 required beginning with the renewal of the restricted species
323 endorsement after such veteran has possessed a valid restricted
324 species endorsement for a complete license year. This exemption
325 applies only to issuance of the endorsement on an individual
326 saltwater products license and is a one-time exemption. In order
327 to renew the restricted species endorsement on an individual
328 saltwater products license, the veteran must document that at
329 least $2,500 of his or her income is attributable to the sale of
330 saltwater products.
331 i. Beginning July 1, 2014, a resident military veteran who
332 applies to the commission within 48 months after receiving an
333 honorable discharge from any branch of the United States Armed
334 Forces, the United States Coast Guard, the military reserves,
335 the Florida National Guard, or the United States Coast Guard
336 Reserve is not required to provide documentation for the income
337 requirement with his or her initial application for a restricted
338 species endorsement. Documentation for the income requirement is
339 required beginning with the renewal of the restricted species
340 endorsement after such veteran has possessed a valid restricted
341 species endorsement for a complete license year. This exemption
342 applies only to issuance of the endorsement on an individual
343 saltwater products license and may only be applied one time per
344 military enlistment.
345 j. Until June 30, 2014, a resident military veteran who
346 applies to the commission and who received an honorable
347 discharge from any branch of the United States Armed Forces, the
348 United States Coast Guard, the military reserves, the Florida
349 National Guard, or the United States Coast Guard Reserve between
350 September 11, 2001, and June 30, 2014, is not required to
351 provide documentation for the income requirement with his or her
352 initial application for a restricted species endorsement.
353 Documentation for the income requirement is required beginning
354 with the renewal of the restricted species endorsement after
355 such veteran has possessed a valid restricted species
356 endorsement for a complete license year. This exemption applies
357 only to issuance of the endorsement on an individual saltwater
358 products license.
359 Section 8. Section 379.364, Florida Statutes, is amended to
360 read:
361 379.364 License required for fur and hide dealers.—
362 (1) It is unlawful for a any person to engage in the
363 business of a dealer or buyer in green or dried alligator hides
364 skins or green or dried furs in the state or purchase such hides
365 or furs skins within the state until such person has been
366 licensed as herein provided.
367 (2) A person Any resident dealer or buyer who solicits
368 business through the mails, or by advertising, or who travels to
369 buy or employs or has other agents or buyers, shall be deemed a
370 resident state dealer and must pay a license fee of $100 per
371 annum.
372 (3) A resident dealer must pay a license fee of $100 per
373 annum. A nonresident dealer or buyer must pay a license fee of
374 $500 per annum.
375 (4) All dealers and buyers shall forward to the Fish and
376 Wildlife Conservation Commission each 2 weeks during open season
377 a report showing number and kind of hides bought and name of
378 trapper from whom bought and the trapper’s license number, or if
379 trapper is exempt from license under any of the provisions of
380 this chapter, such report shall show the nature of such
381 exemption. A common carrier may not knowingly ship or transport
382 or receive for transportation any hides or furs unless such
383 shipments have marked thereon name of shipper and the number of
384 her or his fur-animal license or fur dealer’s license.
385 Section 9. Subsections (1), (4), and (5) of section
386 379.3751, Florida Statutes, are amended to read:
387 379.3751 Taking and possession of alligators; trapping
388 licenses; fees.—
389 (1)(a) A No person may not shall take or possess an any
390 alligator or the eggs thereof without having first been issued
391 an alligator license under obtained from the commission a
392 trapping license and paid the fee provided in this section. Such
393 license shall be dated when issued and remain valid for 12
394 months after the date of issuance and authorizes shall authorize
395 the person to whom it is issued to take or possess alligators
396 and their eggs, and to sell, possess, and process alligators and
397 their hides and meat, in accordance with law and commission
398 rules. Such license is shall not be transferable and is shall
399 not be valid unless it bears on its face in indelible ink the
400 name of the person to whom it is issued. Such license shall be
401 in the personal possession of the licensee while such person is
402 taking alligators or their eggs or is selling, possessing, or
403 processing alligators or their eggs, hides, or meat. The failure
404 of the licensee to exhibit such license to a the commission law
405 enforcement officer or its wildlife officers, when such person
406 is found taking alligators or their eggs or is found selling,
407 possessing, or processing alligators or their eggs, hides, or
408 meat, is shall be a violation of law.
409 (b) In order to assure the optimal utilization of the
410 estimated available alligator resource and to ensure adequate
411 control of the alligator management and harvest program, the
412 commission may by rule limit the number of participants engaged
413 in the taking of alligators or their eggs from the wild.
414 (b)(c) A No person who has been convicted of any violation
415 of s. 379.3015 or s. 379.409 or the rules of the commission
416 relating to the illegal taking of crocodilian species may not
417 shall be issued eligible for issuance of a license for a period
418 of 5 years subsequent to such conviction. In the event such
419 violation involves the unauthorized taking of an endangered
420 crocodilian species, a no license may not shall be issued for 10
421 years subsequent to the conviction.
422 (c) A person taking a nuisance alligator pursuant to
423 contract with the commission is not required to obtain an
424 alligator trapping license. A person assisting a contracted
425 nuisance alligator trapper, unless otherwise exempt under
426 paragraph (d) or paragraph (e) is required to possess an
427 alligator trapping license or an alligator trapping agent’s
428 license as provided in subsection (2).
429 (d) A child under 16 years of age taking an alligator under
430 an alligator harvest program implemented by commission rule is
431 not required to obtain an alligator trapping agent license.
432 (e) A person taking an alligator pursuant to an event
433 permit issued under s. 379.353(2)(q) is not required to obtain
434 an alligator trapping license or an alligator trapping agent’s
435 license.
436 (f) An alligator trapping license or alligator trapping
437 agent’s license must be issued without fee to any resident who
438 meets the requirements for disability under s. 379.353(1).
439 (g) A management area permit under s. 379.354(8) is not
440 required for a person engaged in the taking of an alligator
441 under a permit issued by the commission which authorizes the
442 taking of alligators.
443 (4) A No person may not shall take any alligator egg
444 occurring in the wild or possess any such egg unless he or she
445 such person has obtained, or is a licensed agent of another
446 person who has obtained, an alligator egg collection permit. The
447 alligator egg collection permit is shall be required in addition
448 to the alligator farming license provided in paragraph (2)(d).
449 The commission may is authorized to assess a fee for issuance of
450 the alligator egg collection permit of up to $5 per egg
451 authorized to be taken or possessed pursuant to such permit.
452 Contingent upon an annual appropriation for alligator marketing
453 and education activities Irrespective of whether a fee is
454 assessed, $1 per egg collected and retained, excluding eggs
455 collected on private wetland management areas, shall be
456 transferred from the alligator management program to the General
457 Inspection Trust Fund, to be administered by the Department of
458 Agriculture and Consumer Services for the purpose of providing
459 marketing and education services with respect to alligator
460 products produced in this state, notwithstanding other
461 provisions in this chapter.
462 (5) The commission shall adopt criteria by rule to
463 establish appropriate qualifications for alligator collectors
464 who may receive permits pursuant to this section.
465 Section 10. Section 379.3752, Florida Statutes, is amended
466 to read:
467 379.3752 Required tagging of alligators and hides; fees;
468 revenues.—The tags provided in this section shall be required in
469 addition to any license required under s. 379.3751.
470 (1) A No person may not shall take any alligator occurring
471 in the wild or possess any such alligator unless such alligator
472 is subsequently tagged in the manner required by commission
473 rule. For the tag required for an alligator hatchling, the
474 commission may is authorized to assess a fee of up to not more
475 than $15 for each alligator hatchling tag issued. The commission
476 shall expend one-third of the revenue generated from the
477 issuance of the alligator hatchling tag for alligator husbandry
478 research.
479 (2) The commission may require that an alligator hide
480 validation tag (CITES tag) be affixed to the hide of any
481 alligator taken from the wild and that such hide be possessed,
482 purchased, sold, offered for sale, or transported in accordance
483 with commission rule. The commission may is authorized to assess
484 a fee of up to $30 for each alligator hide validation tag (CITES
485 tag) issued. Contingent upon an annual appropriation for
486 alligator marketing and education activities Irrespective of
487 whether a fee is assessed, $5 per validated hide, excluding
488 those validated from public hunt programs and alligator farms,
489 shall be transferred from the alligator management program to
490 the General Inspection Trust Fund, to be administered by the
491 Department of Agriculture and Consumer Services for the purpose
492 of providing marketing and education services with respect to
493 alligator products produced in this state, notwithstanding other
494 provisions in this chapter.
495 (3) The number of tags available for alligators taken
496 pursuant to a collection permit shall be limited to the number
497 of tags determined by the commission to equal the safe yield of
498 alligators as determined pursuant to s. 379.3013.
499 Section 11. Paragraph (a) of subsection (2) of section
500 379.401, Florida Statutes, is amended to read:
501 379.401 Penalties and violations; civil penalties for
502 noncriminal infractions; criminal penalties; suspension and
503 forfeiture of licenses and permits.—
504 (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
505 violation if he or she violates any of the following provisions:
506 1. Rules or orders of the commission relating to seasons or
507 time periods for the taking of wildlife, freshwater fish, or
508 saltwater fish.
509 2. Rules or orders of the commission establishing bag,
510 possession, or size limits or restricting methods of taking
511 wildlife, freshwater fish, or saltwater fish.
512 3. Rules or orders of the commission prohibiting access or
513 otherwise relating to access to wildlife management areas or
514 other areas managed by the commission.
515 4. Rules or orders of the commission relating to the
516 feeding of wildlife, freshwater fish, or saltwater fish.
517 5. Rules or orders of the commission relating to landing
518 requirements for freshwater fish or saltwater fish.
519 6. Rules or orders of the commission relating to restricted
520 hunting areas, critical wildlife areas, or bird sanctuaries.
521 7. Rules or orders of the commission relating to tagging
522 requirements for wildlife and fur-bearing animals.
523 8. Rules or orders of the commission relating to the use of
524 dogs for the taking of wildlife.
525 9. Rules or orders of the commission which are not
526 otherwise classified.
527 10. Rules or orders of the commission prohibiting the
528 unlawful use of finfish traps.
529 11. All prohibitions in this chapter which are not
530 otherwise classified.
531 12. Section 379.33, prohibiting the violation of or
532 noncompliance with commission rules.
533 13. Section 379.407(7), prohibiting the sale, purchase,
534 harvest, or attempted harvest of any saltwater product with
535 intent to sell.
536 14. Section 379.2421, prohibiting the obstruction of
537 waterways with net gear.
538 15. Section 379.413, prohibiting the unlawful taking of
539 bonefish.
540 16. Section 379.365(2)(a) and (b), prohibiting the
541 possession or use of stone crab traps without trap tags and
542 theft of trap contents or gear.
543 17. Section 379.366(4)(b), prohibiting the theft of blue
544 crab trap contents or trap gear.
545 18. Section 379.3671(2)(c), prohibiting the possession or
546 use of spiny lobster traps without trap tags or certificates and
547 theft of trap contents or trap gear.
548 19. Section 379.357, prohibiting the possession of tarpon
549 without purchasing a tarpon tag.
550 20. Rules or orders of the commission prohibiting the
551 feeding or enticement of alligators or crocodiles.
552 20.21. Section 379.105, prohibiting the intentional
553 harassment of hunters, fishers, or trappers.
554 Section 12. Section 379.412, Florida Statutes, is created
555 to read:
556 379.412 Penalties for feeding wildlife and freshwater
557 fish.—
558 (1) The penalties in this section apply to a violation of
559 rules or orders of the commission which prohibit or restrict the
560 following: feeding wildlife or freshwater fish with food or
561 garbage, attracting or enticing wildlife or freshwater fish with
562 food or garbage, or allowing the placement of food or garbage in
563 a manner that attracts or entices wildlife or freshwater fish.
564 This section does not apply to rules or orders of the commission
565 which relate to animals that are held in captivity, restrict the
566 taking or hunting of species over bait or other intentionally
567 placed or deposited food, or restrict the taking or hunting of
568 species in proximity to feeding stations.
569 (2) Any person who violates a prohibition or restriction
570 identified in subsection (1):
571 (a) For a first violation, commits a noncriminal
572 infraction, punishable by a civil penalty of $100.
573 1. A person cited for a violation under this paragraph must
574 sign and accept a citation to appear before the county court.
575 The issuing officer may indicate on the citation the time and
576 location of the scheduled hearing and must indicate the
577 applicable civil penalty.
578 2. A person cited for a violation under this paragraph may
579 pay the civil penalty by mail or in person within 30 days after
580 receipt of the citation. If the civil penalty is paid, the
581 person shall be deemed to have admitted committing the violation
582 and to have waived his or her right to a hearing before the
583 county court. Such admission may not be used as evidence in any
584 other proceedings except to determine the appropriate fine for
585 any subsequent violations.
586 3. A person who refuses to accept a citation, who fails to
587 pay the civil penalty for a violation, or who fails to appear
588 before a county court as required commits a misdemeanor of the
589 second degree, punishable as provided in s. 775.082 or s.
590 775.083.
591 4. A person who elects or is required to appear before the
592 county court is deemed to have waived the limitation on civil
593 penalties provided under this paragraph. After a hearing, the
594 county court shall determine whether a violation has been
595 committed, and if so, may impose a civil penalty of at least
596 $100. A person found guilty of committing a violation may appeal
597 that finding to the circuit court. The commission of a violation
598 must be proved beyond a reasonable doubt.
599 (b) For second and subsequent violations, if all violations
600 are related to freshwater fish or wildlife other than bears,
601 alligators, or other crocodilians, commits a misdemeanor of the
602 second degree, punishable as provided in s. 775.082 or s.
603 775.083.
604 (c) For a second violation, if each violation is related to
605 bears, alligators, or other crocodilians, commits a misdemeanor
606 of the second degree, punishable as provided in s. 775.082 or s.
607 775.083.
608 (d) For a third violation, if all violations are related to
609 bears, alligators, or other crocodilians, commits a misdemeanor
610 of the first degree, punishable as provided in s. 775.082 or s.
611 775.083.
612 (e) For a fourth or subsequent violation, if all violations
613 are related to bears, alligators, or other crocodilians, commits
614 a felony of the third degree, punishable as provided in s.
615 775.082, s. 775.083, or s. 775.084.
616 (3) As used in this section, the term “violation” means any
617 judicial disposition other than acquittal or dismissal.
618 Section 13. Section 379.3011, Florida Statutes, is
619 repealed.
620 Section 14. Section 379.3013, Florida Statutes, is
621 repealed.
622 Section 15. Section 379.3016, Florida Statutes, is
623 repealed.
624 Section 16. Section 379.3017, Florida Statutes, is
625 repealed.
626 Section 17. This act shall take effect upon becoming a law.