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The Florida Senate

1999 Florida Statutes

1372.57  Licenses and permits; exemptions; fees.--No person, except as provided herein, shall take game, freshwater fish, or fur-bearing animals within this state without having first obtained a license, permit, or authorization and paid the fees hereinafter set forth, unless such license is issued without fee as provided in s. 372.561. Such license, permit, or authorization shall authorize the person to whom it is issued to take game, freshwater fish, or fur-bearing animals in accordance with law and commission rules. Such license, permit, or authorization is not transferable. Each license or permit must bear on its face in indelible ink the name of the person to whom it is issued and other information requested by the commission. Such license, permit, or authorization issued by the commission or any agent must be in the personal possession of the person to whom issued while taking game, freshwater fish, or fur-bearing animals. The failure of such person to exhibit such license, permit, or authorization to the commission or its wildlife officers, when such person is found taking game, freshwater fish, or fur-bearing animals, is a violation of law. A positive form of identification is required when using an authorization, a lifetime license, a 5-year license, or when otherwise required by the license or permit. The lifetime licenses and 5-year licenses provided herein shall be embossed with the name, date of birth, the date of issuance, and other pertinent information as deemed necessary by the commission. A certified copy of the applicant's birth certificate shall accompany all applications for a lifetime license for residents 12 years of age and younger. Each applicant for a license, permit, or authorization shall provide the applicant's social security number on the application form. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D child support enforcement program and use by the commission, and as otherwise provided by law.

(1)  A license or permit is not required for:

(a)  Any child under 16 years of age except as otherwise provided in this chapter.

(b)  Any person hunting or fishing in the person's county of residence on the person's homestead or the homestead of the person's spouse or minor child, or any minor child hunting or fishing on the homestead of her or his parent.

(c)  Any resident who is a member of the Armed Forces of the United States, who is not stationed in this state, when home on leave for 30 days or less, upon submission of orders.

(d)  Any resident when fishing with live or natural bait, using poles or lines which are not equipped with a fishing line retrieval mechanism, and fishing for noncommercial purposes in the county of her or his residence, except on legally established fish management areas. This paragraph, as amended by chapter 76-156, Laws of Florida, may be cited as the "Dempsey J. Barron, W. D. Childers, and Joe Kershaw Cane Pole Tax Repeal Act of 1976."

(e)  Any person fishing in a fish pond of 20 acres or less which is located entirely within the private property of the fish pond owner.

(f)  Any person fishing in a fish pond which is licensed in accordance with s. 372.5705.

(g)  Any person fishing who has been accepted as a client for developmental services by the Department of Children and Family Services, which department shall furnish such person proof thereof.

(h)  Any resident 65 years of age or older who has in her or his possession proof of age and residency. A free license may be obtained from any tax collector's office upon proof of age and residency.

(2)  For residents and nonresidents, the license and fees for noncommercial fishing and for hunting and trapping in this state, and the activity authorized thereby, are as follows:

(a)  A fishing license for a resident to take freshwater fish in this state is $12.

(b)  A fishing license for a nonresident to take freshwater fish in this state for 7 consecutive days is $15.

(c)  A fishing license for a nonresident to take freshwater fish in this state is $30.

(d)  A combination fishing and hunting license for a resident to take freshwater fish and game in this state is $22.

(e)  A hunting license for a resident to take game in this state is $11.

(f)  A hunting license for a nonresident to take game in this state is $150.

(g)  A hunting license for a nonresident to take game in this state for 10 consecutive days is $25.

(h)  A license for a resident and nonresident to take fur-bearing animals in this state is $25.

(i)  A sportsman's license for a resident is $66. The sportsman's license authorizes the holder to take freshwater fish and game, subject to state and federal regulations and rules of the commission in effect at the time of taking, and authorizes the same activities authorized by a management area permit, a muzzle-loading gun permit, a turkey permit, a Florida waterfowl permit, and an archery permit. A nonresident may not purchase a sportsman's license.

(3)  A resident or nonresident taking fur-bearing animals by the use of guns or dogs only and not by the use of traps or other devices, and not for commercial purposes, who has purchased the license provided for hunting in this section, received a no-cost license, or is exempt from the license requirements of this chapter is not required to purchase the license provided in paragraph (2)(h). A resident who is age 65 or older is not required to purchase the license provided in paragraph (2)(h).

(4)  In addition to any license required by this chapter, the following permits and fees for certain hunting, fishing, and recreational uses, and the activities authorized thereby, are:

(a)  A Florida waterfowl permit to take wild ducks or geese within this state or its coastal waters is $3.

(b)1.  Management area permits to hunt, fish, or otherwise use for outdoor recreational purposes, land owned, leased, or managed by the commission or the State of Florida for the use and benefit of the commission, up to $25 annually. Permits, and fees thereof, for short-term use of land which is owned, leased, or managed by the commission may be established by rule of the commission for any activity on such lands. Such permits and fees may be in lieu of or in addition to the annual management area permit. Other than for hunting or fishing, the provisions of this paragraph shall not apply on any lands not owned by the commission, unless the commission shall have obtained the written consent of the owner or primary custodian of such lands.

2.  A recreational user permit fee to hunt, fish, or otherwise use for outdoor recreational purposes, land leased by the commission from private nongovernmental owners, except for those lands located directly north of the Apalachicola National Forest, east of the Ochlockonee River until the point the river meets the dam forming Lake Talquin, and south of the closest federal highway. The fee for this permit shall be based upon economic compensation desired by the landowner, game population levels, desired hunter density, and administrative costs. The permit fee shall be set by commission rule on a per-acre basis. On property currently in the private landowner payment program, the prior year's landowner payment shall be used to augment the recreational user permit fee so as to decrease the permit fee for the users of that property. One minor dependent child, 16 years old or under, per permittee may hunt under the supervision of the permittee and is exempt from the permit fee. The spouse and dependent children of a permittee are exempt from the permit fee when engaged in outdoor recreational activities other than hunting in the company of the permittee. Notwithstanding any other provision of this chapter, there are no other exclusions, exceptions, or exemptions from this permit fee. The recreational user permit fee, less an administrative permit fee of up to $25 per permit, shall be remitted to the landowner as provided in the lease agreement for each area.

(c)  A muzzle-loading gun permit to hunt within this state with a muzzle-loading gun during those game seasons in which hunting with a modern firearm is not allowed is $5.

(d)  An archery permit to hunt within this state with a bow and arrow during those game seasons in which hunting with a firearm is not allowed is $5.

(e)  A Florida turkey permit to take wild turkeys within this state is $5.

(f)  A special use permit for limited entry hunting or fishing, where such hunting or fishing is authorized by commission rule, shall be up to $100 per day but shall not exceed $250 per week. Notwithstanding any other provision of this chapter, there are no exclusions, exceptions, or exemptions from this fee. In addition to the fee, the commission may charge each applicant for a special use permit a nonrefundable application fee of up to $10.

(g)  The fee for a permanent hunting and fishing license for a resident 64 years of age or older is $12.

(5)  The commission is authorized to reduce the fees for licenses and permits under this section for residents of those states with which the commission has entered into reciprocal agreements with respect to such fees.

(6)  The commission may designate by rule no more than 2 consecutive or nonconsecutive days in each year as free fishing days. Notwithstanding any other provision of this chapter, any person may take freshwater fish for noncommercial purposes on a free fishing day without obtaining or possessing a license or paying a license fee as prescribed in this section. A person who takes freshwater fish on a free fishing day without obtaining a license or paying a fee must comply with all laws and regulations governing holders of a fishing license and all other conditions and limitations regulating the taking of freshwater fish as are imposed by law or rule.

(7)  A resident lifetime sportsman's license authorizes the holder to engage in the following noncommercial activities:

(a)  To take or attempt to take or possess freshwater fish, marine fish, and game, consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(b)  All activities authorized by a management area permit, a muzzle-loading gun permit, a turkey permit, an archery permit, a Florida waterfowl permit, a snook permit, and a crawfish permit.

(8)  The fee for a resident lifetime sportsman's license is:

(a)  4 years of age or younger ....... $400

(b)  5-12 years of age ....... $700

(c)  13 years of age or older ....... $1,000

(9)  A resident lifetime hunting license authorizes the holder to engage in the following noncommercial activities:

(a)  To take or attempt to take or possess game consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(b)  All activities authorized by a management area permit, excluding fishing, a muzzle-loading gun permit, a turkey permit, an archery permit, and a Florida waterfowl permit.

(10)  The fee for a resident lifetime hunting license shall be:

(a)  4 years of age or younger ....... $200

(b)  5-12 years of age ....... $350

(c)  13 years of age or older ....... $500

(11)  A resident lifetime freshwater fishing license authorizes the holder to engage in the following noncommercial activities:

(a)  To take or attempt to take or possess freshwater fish consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(b)  All activities authorized by a management area permit, excluding hunting.

(12)  The fee for a resident lifetime freshwater fishing license shall be:

(a)  4 years of age or younger ....... $125

(b)  5-12 years of age ....... $225

(c)  13 years of age or older ....... $300

(13)  Fees collected pursuant to s. 370.0605(2) for 5-year saltwater fishing licenses, fees collected pursuant to s. 370.0605(6)(e) for replacement 5-year and lifetime licenses, fees collected pursuant to s. 370.0615 for lifetime saltwater fishing licenses, and 30 percent of the fee for the lifetime sportsman's license shall be transferred within 30 days following the last day of the month in which the license fees were received by the commission to the Marine Resources Conservation Trust Fund.

(14)  The following 5-year licenses are authorized:

(a)  A 5-year freshwater fishing license for a resident to take or attempt to take or possess freshwater fish in this state for 5 consecutive years is $60 and authorizes the holder to engage in noncommercial activities to take or attempt to take or possess freshwater fish consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(b)  A 5-year hunting license for a resident to take or attempt to take or possess game in this state for 5 consecutive years is $55 and authorizes the holder to engage in noncommercial activities to take or attempt to take or possess game consistent with state and federal regulations and rules of the commission in effect at the time of taking.

(15)  Proceeds from the sale of 5-year licenses as provided in this chapter shall be deposited into the Dedicated License Trust Fund. One-fifth of the total proceeds derived from the sale of 5-year licenses, replacement 5-year licenses, and all interest derived therefrom shall be available for appropriation annually.

History.--ss. 15, 19-21, ch. 13644, 1929; s. 1, ch. 17015, 1935; s. 1, ch. 17018, 1935; CGL 1936 Supp. 1977(15); s. 1, ch. 19509, 1939; s. 1, ch. 20886, 1941; s. 1, ch. 23087, 1945; s. 1, ch. 26943, 1951; s. 1, ch. 26944, 1951; s. 1, ch. 29672, 1955; s. 1, ch. 57-185; s. 2, ch. 59-73; s. 1, ch. 61-366; s. 1, ch. 61-392; s. 2, ch. 63-30; s. 1, ch. 65-373; s. 1, ch. 69-40; s. 1, ch. 70-26; s. 1, ch. 71-142; s. 103, ch. 73-333; s. 1, ch. 76-67; ss. 1, 2, ch. 76-156; ss. 1, 2, ch. 77-405; s. 1, ch. 78-6; s. 1, ch. 78-163; ss. 1, 2, ch. 79-107; s. 83, ch. 79-164; s. 143, ch. 79-400; s. 1, ch. 80-180; s. 1, ch. 81-240; s. 1, ch. 82-188; s. 7, ch. 83-71; s. 30, ch. 83-218; s. 3, ch. 85-235; s. 8, ch. 85-324; s. 7, ch. 86-158; ss. 1, 3, ch. 87-261; s. 16, ch. 87-356; s. 1, ch. 87-540; s. 45, ch. 89-175; s. 11, ch. 89-270; s. 12, ch. 90-243; s. 2, ch. 91-58; s. 4, ch. 91-78; s. 17, ch. 93-268; s. 245, ch. 94-356; s. 1002, ch. 95-148; s. 2, ch. 96-265; s. 13, ch. 96-300; s. 3, ch. 97-217; s. 2, ch. 98-333; s. 14, ch. 98-336; s. 16, ch. 98-397; s. 65, ch. 99-8; s. 161, ch. 99-13; s. 134, ch. 99-245; s. 21, ch. 99-292; s. 14, ch. 99-353.

1Note.--Section 11, ch. 99-245, provides that "[e]xcept where otherwise specified in law, all revenues derived from the sale of permits and licenses pursuant to chapter 372, Florida Statutes, and all federal funds received by the State of Florida as a match to the aforementioned state revenues, are to be appropriated by the Legislature to the Fish and Wildlife Conservation Commission, to be used for the purposes specified in law."