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The Florida Senate

1999 Florida Statutes

372.105  Lifetime Fish and Wildlife Trust Fund.--

(1)  There is established within the Fish and Wildlife Conservation Commission the Lifetime Fish and Wildlife Trust Fund to be used for the purpose of supporting fish and wildlife conservation programs of the state in accordance with this section.

(2)  The principal of the fund shall be derived from the following:

(a)  Proceeds of any gifts, grants, and contributions to the state which are specifically designated for inclusion in the fund.

(b)  Proceeds from the sale of lifetime licenses issued in accordance with s. 372.57 with the exception of the saltwater portion of the lifetime sportsman's license.

(3)  The fund is declared to constitute a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the fund. In recognition of such special trust, the following limitations and restrictions are placed on expenditures from the funds:

(a)  No expenditure or disbursement shall be made from the principal of the fund.

(b)  The interest income received and accruing from the investments of the fund shall be spent in furtherance of the commission's exercise of the regulatory and executive powers of the state with respect to the management, protection, and conservation of wild animal life and freshwater aquatic life as set forth in s. 9, Art. IV of the State Constitution and this chapter and as otherwise authorized by the Legislature.

(c)  No expenditures or disbursements from the interest income derived from the sale of lifetime licenses shall be made for any purpose until the respective holders of such licenses attain the age of 16 years. The Fish and Wildlife Conservation Commission as administrator of the fund shall determine actuarially on an annual basis the amounts of interest income within the fund which may be disbursed pursuant to this paragraph. The director shall cause deposits of proceeds from the sale of lifetime licenses to be identifiable by the ages of the license recipients.

(d)  Any limitations or restrictions specified by the donors on the uses of the interest income derived from gifts, grants, and voluntary contributions shall be respected but shall not be binding.

(e)  The fund shall be exempt from the provisions of s. 215.20.

(4)  In the event of a future dissolution or reorganization of the Fish and Wildlife Conservation Commission, any state agency which succeeds the commission or assumes its constitutional or statutory responsibilities shall, through its agency head acting ex officio, assume the trusteeship of the fund and shall be bound by all the limitations and restrictions placed by this section on expenditures from the fund. No repeal or modification of this chapter or s. 9, Art. IV of the State Constitution shall alter the fundamental purposes to which the fund may be applied. No dissolution or reorganization of the Fish and Wildlife Conservation Commission shall invalidate any lifetime license issued in accordance with this section.

History.--s. 1, ch. 91-78; s. 125, ch. 99-245.