Senate Bill sb0354

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    Florida Senate - 2002                                   SB 354

    By Senator Pruitt





    312-305B-02

  1                      A bill to be entitled

  2         An act relating to funding for the Fish and

  3         Wildlife Conservation Commission; amending s.

  4         327.395, F.S.; providing requirements for

  5         boating safety identification cards; amending

  6         s. 327.73, F.S.; providing for dismissal of

  7         violations of boating safety identification

  8         card possession requirements under certain

  9         conditions; providing a fee; amending s.

10         328.72, F.S.; specifying source of the county

11         portion of vessel registration fees; providing

12         for the return of certain vessel registration

13         fees to the vessel owner's county of Florida

14         residence; amending s. 328.76, F.S.; clarifying

15         provisions relating to distribution and uses of

16         funds in the Marine Resources Conservation

17         Trust Fund; amending s. 370.0603, F.S.;

18         providing for the deposit of fees into the

19         Marine Resources Conservation Trust Fund;

20         renumbering and amending ss. 370.0608,

21         370.0609, 370.062, F.S.; providing for the

22         deposit of licenses and fees into the Marine

23         Resources Conservation Trust Fund; revising

24         purposes for which licenses and fees may be

25         used; providing for the expenditure of funds

26         through grants and contracts to specified

27         research institutions; modifying date for tax

28         collector's return of unissued tags; deleting

29         provisions relating to transfer of tag fees to

30         the Marine Resources Conservation Trust Fund

31         within a specified period; amending s. 370.063,

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    Florida Senate - 2002                                   SB 354
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  1         F.S.; conforming a cross-reference; amending s.

  2         370.25, F.S.; authorizing the commission to

  3         accept title to certain vessels on behalf of

  4         the state for use in the artificial reef

  5         program; authorizing the commission to adopt

  6         rules to develop criteria for implementing the

  7         transfer of certain vessel titles to the state;

  8         authorizing state universities to receive

  9         grants and other financial and technical

10         assistance from the commission for the siting

11         and development of artificial reefs; amending

12         s. 372.001, F.S.; revising and reorganization

13         definitions; providing a definition of Florida

14         bass; amending s. 372.105, F.S.; revising

15         provisions relating to sources and uses of

16         funds in the Lifetime Fish and Wildlife Trust

17         Fund; amending s. 372.106, F.S.; specifying

18         distribution of certain funds in the Dedicated

19         License Trust Fund; amending s. 372.16, F.S.;

20         increasing the license fee for private game

21         preserves and farms; creating s. 372.555, F.S.;

22         authorizing the commission to sell licenses and

23         permits by electronic media; amending s.

24         372.561, F.S.; revising provisions relating to

25         issuance of recreational licenses, permits, and

26         authorization numbers to take wild animal life,

27         freshwater aquatic life, and marine life, and

28         administrative costs and reporting related

29         thereto; creating s. 372.562, F.S.; providing

30         exemptions from recreational license and permit

31         fees and requirements; amending s. 372.57,

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    Florida Senate - 2002                                   SB 354
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  1         F.S.; revising and reorganizing provisions

  2         specifying fees and requirements for

  3         recreational licenses, permits, and

  4         authorization numbers, including hunting

  5         licenses, saltwater and freshwater fishing

  6         licenses, 5-year licenses, and lifetime

  7         licenses; creating an annual gold sportsman's

  8         license; increasing the fee for a nonresident

  9         Florida turkey permit; providing for pier

10         licenses and recreational vessel licenses, and

11         fees therefor; providing for snook permits and

12         crawfish permits, and uses thereof; creating s.

13         372.5716, F.S.; providing for the use of

14         revenues from Florida bass permits; amending

15         ss. 372.571, 372.5712, 372.5715, 372.5717,

16         372.573, 372.65, F.S.; correcting

17         cross-references; deleting obsolete language;

18         amending s. 372.574, F.S.; revising subagent

19         duties and reporting requirements; amending s.

20         372.661, F.S.; increasing the license fee for a

21         private hunting preserve; amending s. 372.711,

22         F.S.; providing for dismissal of violations of

23         license or permit possession requirements,

24         under certain conditions; providing a fee;

25         reenacting s. 372.83(1)(h), F.S.; reenacting a

26         provision referencing penalties for violations

27         of hunting, fishing, and trapping license

28         requirements; amending s. 372.87, F.S.;

29         increasing fees for possessing or exhibiting

30         poisonous or venomous reptiles; amending s.

31         372.921, F.S.; including amphibians in

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  1         provisions relating to exhibition of wildlife;

  2         increasing permit fees; providing rulemaking

  3         authority; amending s. 372.922, F.S.; requiring

  4         a permit for personal possession of wildlife by

  5         an exhibitor or seller; providing a fee

  6         exemption; amending s. 705.101, F.S.; including

  7         derelict vessels within the definition of

  8         "abandoned property"; amending ss. 212.06,

  9         215.20, F.S.; correcting cross-references;

10         encouraging the release and feeding of certain

11         quail; repealing s. 370.0605, F.S., relating to

12         saltwater fishing licenses and fees; repealing

13         s. 370.0615, F.S., relating to lifetime

14         saltwater fishing licenses; repealing s.

15         370.1111, F.S., relating to snook fishing

16         permits; repealing s. 370.14(10) and (11),

17         F.S., relating to recreational crawfish taking

18         permits and issuance of a crawfish stamp;

19         repealing s. 372.05(4), F.S., relating to

20         duties of the executive director; repealing s.

21         372.06, F.S., relating to meetings of the

22         commission; providing an effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Subsection (1) of section 327.395, Florida

27  Statutes, is amended to read:

28         327.395  Boating safety identification cards.--

29         (1)  Until October 1, 2001, A person born after

30  September 30, 1980, and on or after October 1, 2001, a person

31  21 years of age or younger may not operate a vessel powered by

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  1  a motor of 10 horsepower or greater unless such person has in

  2  his or her possession aboard the vessel photographic

  3  identification and a boater safety identification card issued

  4  by the commission which shows that he or she has:

  5         (a)  Completed a commission-approved boater education

  6  course that meets the minimum 8-hour instruction requirement

  7  established by the National Association of State Boating Law

  8  Administrators;

  9         (b)  Passed a course equivalency examination approved

10  by the commission; or

11         (c)  Passed a temporary certificate examination

12  developed or approved by the commission.

13         Section 2.  Subsection (4) of section 327.73, Florida

14  Statutes, is amended to read:

15         327.73  Noncriminal infractions.--

16         (4)  Any person charged with a noncriminal infraction

17  under this section may:

18         (a)  Pay the civil penalty, either by mail or in

19  person, within 30 days of the date of receiving the citation;

20  or,

21         (b)  If he or she has posted bond, forfeit bond by not

22  appearing at the designated time and location.

23

24  If the person cited follows either of the above procedures, he

25  or she shall be deemed to have admitted the noncriminal

26  infraction and to have waived the right to a hearing on the

27  issue of commission of the infraction.  Such admission shall

28  not be used as evidence in any other proceedings. If a person

29  who is cited for a violation of s. 327.395 can show a boating

30  safety identification card issued to him or her and valid at

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  1  the time of the citation, the clerk of the court may dismiss

  2  the case and may assess a $5 dismissal fee.

  3         Section 3.  Subsections (1) and (15) of section 328.72,

  4  Florida Statutes, are amended to read:

  5         328.72  Classification; registration; fees and charges;

  6  surcharge; disposition of fees; fines; marine turtle

  7  stickers.--

  8         (1)  VESSEL REGISTRATION FEE.--Vessels that are

  9  required to be registered shall be classified for registration

10  purposes according to the following schedule, and the

11  registration certificate fee shall be in the following

12  amounts:

13         Class A-1--Less than 12 feet in length, and all canoes

14  to which propulsion motors have been attached, regardless of

15  length...................................................$3.50

16         Class A-2--12 feet or more and less than 16 feet in

17  length...................................................10.50

18  (To county)...............................................2.85

19         Class 1--16 feet or more and less than 26 feet in

20  length...................................................18.50

21  (To county)...............................................8.85

22         Class 2--26 feet or more and less than 40 feet in

23  length...................................................50.50

24  (To county)..............................................32.85

25         Class 3--40 feet or more and less than 65 feet in

26  length...................................................82.50

27  (To county)..............................................56.85

28         Class 4--65 feet or more and less than 110 feet in

29  length...................................................98.50

30  (To county)..............................................68.85

31         Class 5--110 feet or more in length..............122.50

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    Florida Senate - 2002                                   SB 354
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  1  (To county)..............................................86.85

  2         Dealer registration certificate...................16.50

  3

  4  The county portion of the vessel registration fee is derived

  5  from recreational vessels only.

  6         (15)  DISTRIBUTION OF FEES.--Except for the first $1,

  7  which shall be remitted to the state for deposit into the Save

  8  the Manatee Trust Fund created within the Fish and Wildllife

  9  Conservation Commission, moneys designated for the use of the

10  counties, as specified in subsection (1), shall be distributed

11  by the tax collector to the board of county commissioners for

12  use as provided in this section. Such moneys to be returned to

13  the counties are for the sole purposes of providing

14  recreational channel marking and public launching facilities

15  and other boating-related activities, for removal of vessels

16  and floating structures deemed a hazard to public safety and

17  health for failure to comply with s. 327.53, and for manatee

18  and marine mammal protection and recovery.

19         Section 4.  Subsection (1) of section 328.76, Florida

20  Statutes, is amended to read:

21         328.76  Marine Resources Conservation Trust Fund;

22  vessel registration funds; appropriation and distribution.--

23         (1)  Except as otherwise specified in this subsection

24  and less $1.4 million for any administrative costs which shall

25  be deposited in the Highway Safety Operating Trust Fund, in

26  each fiscal year beginning on or after July 1, 2001, all funds

27  collected from the registration of vessels through the

28  Department of Highway Safety and Motor Vehicles and the tax

29  collectors of the state, except for those funds designated as

30  the county portion for the use of the counties pursuant to s.

31  328.72(1), shall be deposited in the Marine Resources

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  1  Conservation Trust Fund for recreational channel marking;

  2  public launching facilities; law enforcement and quality

  3  control programs; aquatic weed control; manatee protection,

  4  recovery, rescue, rehabilitation, and release; and marine

  5  mammal protection and recovery. The funds collected pursuant

  6  to s. 328.72(1) shall be transferred as follows:

  7         (a)  In each fiscal year, an amount equal to $1.50 for

  8  each commercial and recreational vessel registered in this

  9  state shall be transferred by the Department of Highway Safety

10  and Motor Vehicles to the Save the Manatee Trust Fund and

11  shall be used only for the purposes specified in s. 370.12(4).

12         (b)  An amount equal to $2 Two dollars from each

13  recreational noncommercial vessel registration fee, except

14  that for class A-1 vessels, shall be transferred by the

15  Department of Highway Safety and Motor Vehicles to the

16  Invasive Plant Control Trust Fund in the Department of

17  Environmental Protection for aquatic weed research and

18  control.

19         (c)  An amount equal to 40 Forty percent of the

20  registration fees from commercial vessels shall be transferred

21  by the Department of Highway Safety and Motor Vehicles to the

22  Invasive Plant Control Trust Fund in the Department of

23  Environmental Protection for aquatic plant research and

24  control.

25         (d)  An amount equal to 40 Forty percent of the

26  registration fees from commercial vessels shall be transferred

27  by the Department of Highway Safety and Motor Vehicles, on a

28  monthly basis, to the General Inspection Trust Fund of the

29  Department of Agriculture and Consumer Services. These funds

30  shall be used for shellfish and aquaculture law enforcement

31  and quality control programs.

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  1         Section 5.  Paragraph (c) of subsection (2) of section

  2  370.0603, Florida Statutes, is amended to read:

  3         370.0603  Marine Resources Conservation Trust Fund;

  4  purposes.--

  5         (2)  The Marine Resources Conservation Trust Fund shall

  6  receive the proceeds from:

  7         (c)  All fees collected pursuant to ss. 370.062,

  8  370.063, and 370.142, and 372.5704.

  9         (d)  All fines and penalties pursuant to s. 370.021.

10         (e)  Other revenues as provided by law.

11         Section 6.  Section 370.0608, Florida Statutes, is

12  renumbered as section 372.5701, Florida Statutes, and amended

13  to read:

14         372.5701 370.0608  Deposit of license fees; allocation

15  of federal funds.--

16         (1)(a)  Except as otherwise provided in ss. 372.105 and

17  372.106, all saltwater license and permit fees collected

18  pursuant to s. 372.57 All license fees collected pursuant to

19  s. 370.0605 shall be deposited into the Marine Resources

20  Conservation Trust Fund, to be used as follows:

21         (a)  Not more than 5 percent of the total fees

22  collected shall be used to carry out the responsibilities of

23  the Fish and Wildlife Conservation Commission and to provide

24  for the award of funds to marine research institutions in this

25  state for the purposes of enabling such institutions to

26  conduct worthy marine research projects.

27         (b)  Not less than 2.5 percent of the total fees

28  collected shall be used for aquatic education purposes.

29         (c)1.  The remainder of such fees shall be used by the

30  department for the following program functions:

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  1         1.a.  Not more than 7.5 5 percent of the total fees

  2  collected, for administration of the licensing program and for

  3  information and education.

  4         2.b.  Not less more than 30 percent of the total fees

  5  collected, for law enforcement.

  6         3.c.  Not less than 32.5 27.5 percent of the total fees

  7  collected, for marine research and management.

  8         4.d.  Not less than 30 percent of the total fees

  9  collected, for fishery enhancement, including, but not limited

10  to, fishery statistics development, artificial reefs, and fish

11  hatcheries.

12         (b)2.  The Legislature shall annually appropriate to

13  the commission from the General Revenue Fund for the

14  activities and programs specified in paragraph (a)

15  subparagraph 1. at least the same amount of money as was

16  appropriated to the Department of Environmental Protection

17  from the General Revenue Fund for such activities and programs

18  for fiscal year 1988-1989, and the amounts appropriated to the

19  commission for such activities and programs from the Marine

20  Resources Conservation Trust Fund shall be in addition to the

21  amount appropriated to the commission for such activities and

22  programs from the General Revenue Fund. The proceeds from

23  recreational saltwater fishing license fees paid by fishers

24  shall only be appropriated to the commission.

25         (2)  Funds available from the Wallop-Breaux Aquatic

26  Resources Trust Fund shall be distributed by the commission

27  between the Division of Freshwater Fisheries and the Division

28  of Marine Fisheries in proportion to the numbers of resident

29  fresh and saltwater anglers as determined by the most current

30  data on license sales.  Unless otherwise provided by federal

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  1  law, the commission, at a minimum, shall provide the

  2  following:

  3         (a)  Not less than 5 percent or more than 10 percent of

  4  the funds allocated to the commission shall be expended for an

  5  aquatic resources education program; and

  6         (b)  Not less than 10 percent of the funds allocated to

  7  the commission shall be expended for acquisition, development,

  8  renovation, or improvement of boating facilities.

  9         (3)  All license fees collected pursuant to s. 370.0605

10  shall be transferred to the Marine Resources Conservation

11  Trust Fund within 7 days following the last business day of

12  the week in which the license fees were received by the

13  commission.  One-fifth of the total proceeds derived from the

14  sale of 5-year licenses and replacement 5-year licenses, and

15  all interest derived therefrom, shall be available for

16  appropriation annually.

17         Section 7.  Section 370.0609, Florida Statutes, is

18  renumbered as section 372.5702, Florida Statutes, and amended

19  to read:

20         372.5702 370.0609  Expenditure of funds.--Any moneys

21  available pursuant to s. 372.5701 370.0608(1)(c)1.c. may shall

22  be expended by the Fish and Wildlife Conservation Commission

23  within Florida through grants and contracts for research with

24  research institutions including but not limited to:  Florida

25  Sea Grant; Florida Marine Resources Council; Harbour Branch

26  Oceanographic Institute; Technological Research and

27  Development Authority; Florida Marine Research Institute of

28  the Fish and Wildlife Conservation Commission; Indian River

29  Region Research Institute; Mote Marine Laboratory; Marine

30  Resources Development Foundation; Florida Institute of

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  1  Oceanography; and Rosentiel School of Marine and Atmospheric

  2  Science; and Smithsonian Marine Station at Ft. Pierce.

  3         Section 8.  Section 370.062, Florida Statutes, is

  4  renumbered as section 372.5704, Florida Statutes, and

  5  subsections (1) and (9) of that section are amended to read:

  6         372.5704 370.062  Fish and Wildlife Conservation

  7  Commission license program for tarpon; fees; penalties.--

  8         (1)  The Fish and Wildlife Conservation commission

  9  shall establish a license program for the purpose of issuing

10  tags to individuals desiring to harvest tarpon (megalops

11  atlantica) from the waters of the state of Florida. The tags

12  shall be nontransferable, except that the commission may allow

13  for a limited number of tags to be purchased by professional

14  fishing guides for transfer to individuals, and issued by the

15  commission in order of receipt of a properly completed

16  application for a nonrefundable fee of $50 per tag.  The

17  commission and any tax collector may sell the tags and collect

18  the fees therefor.  Tarpon tags are valid from July 1 through

19  June 30.  Before August 15 5 of each year, each tax collector

20  shall submit to the commission all unissued tags for the

21  previous fiscal calendar year along with a written audit

22  report, on forms prescribed or approved by the commission, as

23  to the numbers of the unissued tags.  To defray the cost of

24  issuing any tag, the issuing tax collector shall collect and

25  retain as his or her costs, in addition to the tag fee

26  collected, the amount allowed under s. 372.561(7)(4) for the

27  issuance of licenses.

28         (9)  All tag fees collected by the commission shall be

29  transferred to the Marine Resources Conservation Trust Fund

30  within 7 days following the last business day of the week in

31  which the fees were received by the commission.

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  1         Section 9.  Subsection (3) of section 370.063, Florida

  2  Statutes, is amended to read:

  3         370.063  Special recreational crawfish license.--There

  4  is created a special recreational crawfish license, to be

  5  issued to qualified persons as provided by this section for

  6  the recreational harvest of crawfish (spiny lobster) beginning

  7  August 5, 1994.

  8         (3)  The holder of a special recreational crawfish

  9  license must also possess the recreational crawfish permit

10  required by s. 372.57(8)(e) 370.14(10) and the license

11  required by s. 370.0605.

12         Section 10.  Subsections (1) and (3) of section 370.25,

13  Florida Statutes, are amended to read:

14         370.25  Artificial reef program; grants and financial

15  and technical assistance to local governments.--

16         (1)  An artificial reef program is created within the

17  Fish and Wildlife Conservation Commission to enhance saltwater

18  opportunities and to promote proper management of fisheries

19  resources associated with artificial reefs for the public

20  interest. Under the program, the commission may provide grants

21  and financial and technical assistance to coastal local

22  governments, state universities, and nonprofit corporations

23  qualified under s. 501(c)(3) of the Internal Revenue Code for

24  the siting and development of artificial reefs as well as for

25  monitoring and evaluating their recreational, economic, and

26  biological effectiveness. The commission may accept title, on

27  behalf of the State of Florida, to vessels for use in the

28  artificial reef program as offshore artificial reefs. The

29  program may be funded from state, federal, and private

30  contributions.

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  1         (3)  The commission may adopt by rule criteria

  2  consistent with this section for siting, constructing,

  3  managing, and evaluating the effectiveness of artificial reefs

  4  placed in state or adjacent federal waters and criteria

  5  administering the transfer of vessel titles to the state for

  6  use as offshore artificial reefs, consistent with this

  7  section.

  8         Section 11.  Section 372.001, Florida Statutes, is

  9  amended to read:

10         (Substantial rewording of section.  See

11         s. 372.001, F.S., for present text.)

12         372.001  Definitions.--In construing these statutes,

13  when applied to saltwater and freshwater fish, shellfish,

14  crustacea, sponges, wild birds, and wild animals, where the

15  context permits, the word, phrase, or term:

16         (1)  "Authorization" means a number issued by the Fish

17  and Wildlife Conservation Commission, or its authorized agent,

18  which serves in lieu of a license or permit and affords the

19  privilege purchased for a specified period of time.

20         (2)  "Closed season" means that portion of the year in

21  which the laws of Florida forbid the taking of particular

22  species of game or varieties of fish.

23         (3)  "Commission" means the Fish and Wildlife

24  Conservation Commission.

25         (4)  "Common carrier" includes any person, firm, or

26  corporation that undertakes for hire, as a regular business,

27  the transportation of persons or commodities from place to

28  place, offering its services to all who may choose to employ

29  it and pay its charges.

30

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  1         (5)  "Fish and game" includes all fresh and saltwater

  2  fish, shellfish, crustacea, sponges, wild birds, and wild

  3  animals.

  4         (6)  "Fish management area" means a pond, lake, or

  5  other water within a county, or within several counties,

  6  designated to improve fishing for public use and established

  7  and specifically circumscribed for authorized management by

  8  the Fish and Wildlife Conservation Commission and the board of

  9  county commissioners of the county in which such waters lie

10  under agreement between the commission and an owner with

11  approval by the board of county commissioners or under

12  agreement with the board of county commissioners for use of

13  public waters in the county in which such waters lie.

14         (7)  "Fish pond" means a body of water that does not

15  occur naturally and that has been constructed and is

16  maintained primarily for the purpose of fishing.

17         (8)  "Florida Bass" includes any bass in the genus

18  Micropterus.

19         (9)  "Fresh water," except where otherwise provided by

20  law, includes all lakes, rivers, canals, and other waterways

21  of Florida, to such point or points where the fresh and salt

22  waters commingle to such an extent as to become unpalatable

23  and unfit for human consumption, because of the saline

24  content, or to such point or points as may be fixed by the

25  Fish and Wildlife Conservation Commission, by and with the

26  consent of the board of county commissioners of the county or

27  counties to be affected by such order.  The Steinhatchee River

28  is considered fresh water from its source to mouth.

29         (10)  "Freshwater fish" includes all classes of pisces

30  that are indigenous to fresh water.

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  1         (11)  "Fur-bearing animals" includes muskrat, mink,

  2  raccoon, otter, civet cat, skunk, red and gray fox, and

  3  opossum.

  4         (12)  "Game" means deer, bear, squirrel, rabbits, and,

  5  when designated by commission rules, wild hogs, ducks, geese,

  6  rails, coots, gallinules, snipe, woodcock, wild turkeys,

  7  grouse, pheasants, quail, and doves.

  8         (13)  "Nongame" includes all species and populations of

  9  indigenous wild vertebrates and invertebrates in the state

10  that are not defined as game.

11         (14)  "Open season" means that portion of the year in

12  which the laws of Florida for the preservation of fish and

13  game permit the taking of particular species of game or

14  varieties of fish.

15         (15)  "Private hunting preserve" includes any area set

16  aside by a private individual or concern on which artificially

17  propagated game or birds are taken.

18         (16)  "Resident" means:

19         (a)  Any person who has continually resided in this

20  state for 6 months; or

21         (b)  Any member of the United States Armed Forces who

22  is stationed in this state.

23         (17)  "Take" means to take, attempt to take, pursue,

24  hunt, molest, capture, or kill any wildlife or freshwater

25  fish, their nests or eggs, by any means, whether or not such

26  actions result in obtaining possession of such wildlife or

27  freshwater fish or their nests or eggs.

28         (18)  "Transport" includes shipping, transporting,

29  carrying, importing, exporting, receiving or delivering for

30  shipment, transportation, carriage, or export.

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  1         Section 12.  Paragraph (b) of subsection (2) and

  2  subsection (3) of section 372.105, Florida Statutes, are

  3  amended to read:

  4         372.105  Lifetime Fish and Wildlife Trust Fund.--

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

  6  the following:

  7         (b)  Proceeds from the sale of lifetime licenses issued

  8  in accordance with s. 372.57 with the exception of the

  9  saltwater portion of the lifetime sportsman's license.

10         (3)  The fund is declared to constitute a special trust

11  derived from a contractual relationship between the state and

12  the members of the public whose investments contribute to the

13  fund.  In recognition of such special trust, the following

14  limitations and restrictions are placed on expenditures from

15  the funds:

16         (a)  No expenditure or disbursement shall be made from

17  the principal of the fund.

18         (b)  The interest income received and accruing from the

19  investments of proceeds from the sale of lifetime freshwater

20  fishing licenses and lifetime hunting licenses the fund shall

21  be spent in furtherance of the commission's exercise of the

22  regulatory and executive powers of the state with respect to

23  the management, protection, and conservation of wild animal

24  life and freshwater aquatic life as set forth in s. 9, Art. IV

25  of the State Constitution and this chapter and as otherwise

26  authorized by the Legislature.

27         (c)  The interest income received and accruing from the

28  investments of proceeds from the sale of lifetime saltwater

29  fishing licenses shall be expended for marine law enforcement,

30  marine research, and marine fishery enhancement.

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  1         (d)(c)  No expenditures or disbursements from the

  2  interest income derived from the sale of lifetime licenses

  3  shall be made for any purpose until the respective holders of

  4  such licenses attain the age of 16 years.  The Fish and

  5  Wildlife Conservation Commission as administrator of the fund

  6  shall determine actuarially on an annual basis the amounts of

  7  interest income within the fund which may be disbursed

  8  pursuant to this paragraph.  The director shall cause deposits

  9  of proceeds from the sale of lifetime licenses to be

10  identifiable by the ages of the license recipients.

11         (e)(d)  Any limitations or restrictions specified by

12  the donors on the uses of the interest income derived from

13  gifts, grants, and voluntary contributions shall be respected

14  but shall not be binding.

15         (f)(e)  The fund shall be exempt from the provisions of

16  s. 215.20.

17         Section 13.  Section 372.106, Florida Statutes, is

18  amended to read:

19         372.106  Dedicated License Trust Fund.--

20         (1)  There is established within the Fish and Wildlife

21  Conservation Commission the Dedicated License Trust Fund. The

22  fund shall be credited with moneys collected pursuant to s.

23  ss. 370.0605 and 372.57 for 5-year licenses, permits, and

24  replacement 5-year licenses.

25         (2)(a)  One-fifth of the total proceeds from the sale

26  of 5-year freshwater fishing and hunting licenses and

27  replacement licenses, and all interest derived therefrom,

28  shall be appropriated annually to the State Game Trust Fund.

29         (b)  One-fifth of the total proceeds from the sale of

30  5-year saltwater fishing licenses and replacement licenses,

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  1  and all interest derived therefrom, shall be appropriated

  2  annually to the Marine Resources Conservation Trust Fund.

  3         (3)(2)  The fund shall be exempt from the provisions of

  4  s. 215.20.

  5         Section 14.  Subsections (1) and (4) of section 372.16,

  6  Florida Statutes, are amended to read:

  7         372.16  Private game preserves and farms; penalty.--

  8         (1)  Any person owning land in this state may, after

  9  having secured a license therefor from the Fish and Wildlife

10  Conservation Commission, establish, maintain, and operate

11  within the boundaries thereof, a private preserve and farm,

12  not exceeding an area of 640 acres, for the protection,

13  preservation, propagation, rearing, and production of game

14  birds and animals for private and commercial purposes,

15  provided that no two game preserves shall join each other or

16  be connected. Before any private game preserve or farm is

17  established, the owner or operator shall secure a license from

18  the commission, the fee for which is $25 per year.

19         (4)  Any person violating the provisions of this

20  section shall for the first offense commits be guilty of a

21  misdemeanor of the second degree, punishable as provided in s.

22  775.082 or s. 775.083, and for a second or subsequent offense

23  commits shall be guilty of a misdemeanor of the first degree,

24  punishable as provided in s. 775.082 or s. 775.083.  Any

25  person convicted of violating the provisions of this section

26  shall forfeit, to the Fish and Wildlife Conservation

27  commission, any license or permit issued under this section

28  the provisions hereof; and no further license or permit shall

29  be issued to such person for a period of 1 year following such

30  conviction. Before any private game preserve or farm is

31  established, the owner or operator shall secure a license from

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  1  the Fish and Wildlife Conservation Commission, the fee for

  2  which shall be $5 per year.

  3         Section 15.  Section 372.555, Florida Statutes, is

  4  created to read:

  5         372.555  Vendor fees; competitive bid

  6  authorization.--Using competitive bid procedures, the Fish and

  7  Wildlife Conservation Commission may establish the following:

  8         (1)  A process and vendor fee for credit-card purchases

  9  of licenses, permits, and authorization numbers over the

10  telephone.

11         (2)  A process and vendor fee for the electronic sale

12  of licenses, permits, and authorization numbers.

13         (3)  A process and vendor fee to establish a statewide

14  automated license system.

15         Section 16.  Section 372.561, Florida Statutes, is

16  amended to read:

17         (Substantial rewording of section. See

18         s. 372.561, F.S., for present text.)

19         372.561  Recreational licenses, permits, and

20  authorization numbers to take wild animal life, freshwater

21  aquatic life, and marine life; issuance; costs; reporting.--

22         (1)  This section applies to all recreational licenses

23  and permits and to any authorization numbers issued by the

24  commission through the electronic sale of recreational

25  licenses or permits.

26         (2)  The commission shall establish forms for the

27  issuance of recreational licenses and permits.

28         (3)  The commission shall issue a license, permit, or

29  authorization number to take wild animal life, freshwater

30  aquatic life, or marine life when an applicant provides proof

31  that she or he is entitled to such license, permit, or

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  1  authorization number.  Each applicant for a recreational

  2  license, permit, or authorization number shall provide her or

  3  his social security number on the application form.

  4  Disclosure of social security numbers obtained through this

  5  requirement shall be limited to the purposes of administration

  6  of the Title IV-D program for child support enforcement, use

  7  by the commission, and as otherwise provided by law.

  8         (4)  Licenses and permits to take wild animal life,

  9  freshwater aquatic life, or marine life may be sold by the

10  commission, by any tax collector in the state, or by any

11  subagent authorized under s. 372.574.

12         (5)  In addition to any license or permit fee, the sum

13  of $1.50 shall be charged for each license or management area

14  permit to cover the cost of issuing such license or permit.

15         (6)(a)1.  For each hunting or freshwater fishing

16  license sold and for each sportsman's or gold sportsman's

17  license sold, a tax collector may retain $1.

18         2.  For each management area permit sold, a tax

19  collector may retain $1.

20         3.  For each saltwater fishing tag or license sold,

21  including combination saltwater fishing and freshwater fishing

22  licenses, or combination saltwater fishing, freshwater

23  fishing, and hunting licenses, a tax collector may retain

24  $1.50.

25         (b)  Tax collectors shall remit license and permit

26  moneys, along with a report of funds collected and other

27  required documentation, to the commission weekly.

28         (c)  Tax collectors shall maintain records of all

29  licenses and permits that are sold, voided, stolen, or lost.

30

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  1         1.  The tax collector is responsible to the commission

  2  for the fees for all licenses and permits sold and for the

  3  value of all licenses and permits reported as lost.

  4         2.  The tax collector shall report stolen licenses and

  5  permits to the appropriate law enforcement agency.

  6         3.  The tax collector shall submit a written report and

  7  a copy of the law enforcement agency's report to the

  8  commission within 5 days after discovering a theft.

  9         4.  The tax collector is responsible for the fees for

10  all licenses and permits sold or lost by a subagent appointed

11  pursuant to s. 372.574.

12         (7)  The commission is authorized to adopt rules

13  pursuant to ss. 120.536(1) and 120.54 necessary to administer

14  this section.

15         Section 17.  Section 372.562, Florida Statutes, is

16  created to read:

17         372.562  Recreational licenses and permits; exemptions

18  from fees and requirements.--

19         (1)  Hunting, freshwater fishing, and saltwater fishing

20  licenses and permits shall be issued without fee to any

21  resident who is certified:

22         (a)  To be totally and permanently disabled by the

23  Railroad Retirement Board, by the United States Department of

24  Veterans Affairs or its predecessor, or by any branch of the

25  United States Armed Forces, or who holds a valid

26  identification card issued under the provisions of s. 295.17,

27  upon proof of same.  Any license issued under this paragraph

28  after January 1, 1997, expires after 5 years and must be

29  reissued, upon request, every 5 years thereafter.

30         (b)  To be disabled by the United States Social

31  Security Administration, upon proof of same.  Any license

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  1  issued under this paragraph after October 1, 1999, expires

  2  after 2 years and must be reissued, upon proof of

  3  certification of disability, every 2 years thereafter.

  4

  5  A disability license issued after July 1, 1997, and before

  6  July 1, 2000, retains the rights vested thereunder until the

  7  license has expired.

  8         (2)  A hunting, freshwater fishing, or saltwater

  9  fishing license or permit is not required for:

10         (a)  Any child under 16 years of age, except as

11  otherwise provided in this chapter.

12         (b)  Any person hunting or fishing on her or his

13  homestead property, or on the homestead property of the

14  person's spouse or minor child; or any minor child hunting or

15  fishing on the homestead property of her or his parent.

16         (c)  Any resident who is a member of the United States

17  Armed Forces and not stationed in this state, when home on

18  leave for 30 days or less, upon submission of orders.

19         (d)  Any resident fishing for recreational purposes

20  only, within her or his county of residence with live or

21  natural bait, using poles or lines not equipped with a fishing

22  line retrieval mechanism, except on a legally established fish

23  management area.

24         (e)  Any person fishing in a fishpond of 20 acres or

25  less that is located entirely within the private property of

26  the fishpond owner.

27         (f)  Any person fishing in a fishpond that is licensed

28  in accordance with s. 372.5705.

29         (g)  Any person fishing who has been accepted as a

30  client for developmental disabilities services by the

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  1  Department of Children and Family Services, provided the

  2  department furnishes proof thereof.

  3         (h)  Any resident fishing in saltwater from land or

  4  from a structure fixed to the land.

  5         (i)  Any person fishing from a vessel licensed pursuant

  6  to s. 372.57(7).

  7         (j)  Any person fishing from a vessel the operator of

  8  which is licensed pursuant to s. 372.57(7).

  9         (k)  Any person who holds a valid saltwater products

10  license issued under s. 370.06(2).

11         (l)  Any person recreationally fishing from a pier

12  licensed under s. 372.57.

13         (m)  Any resident who is fishing for mullet in fresh

14  water and who has a valid Florida freshwater fishing license.

15         (n)  Any resident fishing for a saltwater species in

16  fresh water from land or from a structure fixed to land.

17         (o)  Any resident 65 years of age or older who has in

18  her or his possession proof of age and residency.  A no-cost

19  license under this paragraph may be obtained from any tax

20  collector's office upon proof of age and residency and must be

21  in the possession of the resident during hunting, freshwater

22  fishing, and saltwater fishing activities.

23         Section 18.  Section 372.57, Florida Statutes, is

24  amended to read:

25         (Substantial rewording of section. See

26         s. 372.57, F.S., for present text.)

27         372.57  Recreational licenses, permits, and

28  authorization numbers; fees established.--

29         (1)  LICENSE, PERMIT, OR AUTHORIZATION NUMBER

30  REQUIRED.--Except as provided in s. 372.562, no person shall

31  hunt, fish, or take fur-bearing animals within this state

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  1  without having first obtained a license, permit, or

  2  authorization number and paying the fees set forth in this

  3  chapter.  Such license, permit, or authorization number shall

  4  authorize the person to whom it is issued to hunt, fish, take

  5  fur-bearing animals, and participate in outdoor recreational

  6  activities in accordance with the laws of the state and rules

  7  of the commission.

  8         (2)  NONTRANSFERABILITY; INFORMATION AND

  9  DOCUMENTATION.--

10         (a)  Licenses, permits, and authorization numbers

11  issued under this chapter are not transferable.  Each license

12  and permit must bear on its face in indelible ink the name of

13  the person to whom it is issued and other information as

14  deemed necessary by the commission.  Licenses issued to the

15  owner, operator, or custodian of a vessel that directly or

16  indirectly collects fees for taking or attempting to take or

17  possess saltwater fish for noncommercial purposes must include

18  the vessel registration number or federal documentation

19  number. Annual licenses must be dated when issued and shall

20  remain valid for 12 months.

21         (b)  The lifetime licenses and 5-year licenses

22  authorized in this section shall be embossed with the name,

23  date of birth, date of issuance, and other pertinent

24  information considered necessary by the commission. A

25  certified copy of the applicant's birth certificate shall

26  accompany each application for a lifetime license for a

27  resident 12 years of age or younger.

28         (c)  A positive form of identification is required when

29  using a free license, a lifetime license, a 5-year license, or

30  an authorization number issued under this chapter, or when

31  otherwise required by a license or permit.

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  1         (3)  PERSONAL POSSESSION REQUIRED.--Each license,

  2  permit, or authorization number must be in the personal

  3  possession of the person to whom it is issued while such

  4  person is hunting, fishing, or taking fur-bearing animals. Any

  5  person hunting, fishing, or taking fur-bearing animals who

  6  fails to produce a license, permit, or authorization number at

  7  the request of a commission law enforcement officer commits a

  8  violation of the law.

  9         (4)  RESIDENT HUNTING AND FISHING LICENSES.--The

10  licenses and fees for residents participating in hunting and

11  fishing activities in this state are as follows:

12         (a)  Annual freshwater fishing license, $12.

13         (b)  Annual saltwater fishing license, $12.

14         (c)  Annual hunting license to take game, $11.

15         (d)  Annual combination freshwater fishing and hunting

16  license, $22.

17         (e)  Annual combination freshwater fishing and

18  saltwater fishing license, $24.

19         (f)  Annual combination hunting, freshwater fishing,

20  and saltwater fishing license, $34.

21         (g)  Annual license to take fur-bearing animals, $25.

22  However, a resident with a valid hunting license or a no-cost

23  license who is taking fur-bearing animals for noncommercial

24  purposes using guns or dogs only, and not traps or other

25  devices, is not required to purchase this license.  Also, a

26  resident 65 years of age or older is not required to purchase

27  this license.

28         (h)  Annual sportsman's license, $71, except that an

29  annual sportsman's license for a resident 64 years of age or

30  older is $12. A sportsman's license authorizes the person to

31  whom it is issued to take freshwater fish and game, subject to

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  1  the state and federal laws, rules, and regulations, including

  2  rules of the commission, in effect at the time of the taking.

  3  Other authorized activities include activities authorized by a

  4  management area permit, a muzzle-loading gun permit, a turkey

  5  permit, a Florida waterfowl permit, and an archery permit.

  6         (i)  Annual gold sportsman's license, $87.  The gold

  7  sportsman's license authorizes the person to whom it is issued

  8  to take freshwater fish, saltwater fish, and game, subject to

  9  the state and federal laws, rules, and regulations, including

10  rules of the commission, in effect at the time of taking.

11  Other authorized activities include activities authorized by a

12  bass permit, a management area permit, a muzzle-loading gun

13  permit, a turkey permit, a Florida waterfowl permit, an

14  archery permit, a snook permit, and a crawfish permit.

15         (5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The

16  licenses and fees for nonresidents participating in hunting

17  and fishing activities in the state are as follows:

18         (a)  Freshwater fishing license to take freshwater fish

19  for 3 days, $10.

20         (b)  Freshwater fishing license to take freshwater fish

21  for 7 consecutive days, $20.

22         (c)  Saltwater fishing license to take saltwater fish

23  for 3 days, $10.

24         (d)  Saltwater fishing license to take saltwater fish

25  for 7 consecutive days, $20.

26         (e)  Annual freshwater fishing license, $32.

27         (f)  Annual saltwater fishing license, $32.

28         (g)  Hunting license to take game for 10 consecutive

29  days, $25.

30         (h)  Annual hunting license to take game, $150.

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  1         (i)  Annual license to take fur-bearing animals, $25.

  2  However, a resident or nonresident with a valid Florida

  3  hunting license who is taking fur-bearing animals for

  4  noncommercial purposes using guns or dogs only, and not traps

  5  or other devices, is not required to purchase this license.

  6         (6)  PIER LICENSE.--A pier license for any pier fixed

  7  to land for the purpose of taking or attempting to take

  8  saltwater fish is $500 per year.  The pier license may be

  9  purchased at the option of the owner, operator, or custodian

10  of such pier and must be available for inspection at all

11  times.

12         (7)  VESSEL LICENSES.--

13         (a)  No person may operate any vessel wherein a fee is

14  paid, either directly or indirectly, for the purpose of

15  taking, attempting to take, or possessing any saltwater fish

16  for recreational purposes unless he or she has been issued an

17  authorization number or has obtained a license for each vessel

18  for that purpose, and has paid the license fee pursuant to

19  paragraphs (b) and (c) for such vessel.

20         (b)  A license for any person who operates any vessel

21  licensed to carry more than 10 customers wherein a fee is

22  paid, either directly or indirectly, for the purpose of taking

23  or attempting to take marine fish is $800 per year. The

24  license must be kept aboard the vessel at all times.

25         (c)1.  A license for any person who operates any vessel

26  licensed to carry no more than 10 customers, or for any person

27  licensed to operate any vessel carrying 6 or fewer customers,

28  wherein a fee is paid, either directly or indirectly, for the

29  purpose of taking or attempting to take marine fish is $400

30  per year.

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  1         2.  A license for any person licensed to operate any

  2  vessel carrying six or fewer customers wherein a fee is paid,

  3  either directly or indirectly, for the purpose of taking or

  4  attempting to take marine fish is $200 per year. The license

  5  must be kept aboard the vessel at all times.

  6         3.  A person who operates a vessel required to be

  7  licensed pursuant to paragraph (b) or paragraph (c) may obtain

  8  a license in his or her own name, and such license shall be

  9  transferable and apply to any vessel operated by the

10  purchaser, provided that the purchaser has paid the

11  appropriate license fee.

12         (d)  A license for a recreational vessel not for hire

13  and for which no fee is paid, either directly or indirectly,

14  by guests for the purpose of taking or attempting to take

15  saltwater fish for recreational purposes is $2,000 per year.

16  The license may be purchased at the option of the vessel owner

17  and must be kept aboard the vessel at all times.  A log of

18  species taken and the date the species were taken shall be

19  maintained and a copy of the log filed with the commission at

20  the time of renewal of the license.

21         (e)  The owner, operator, or custodian of a vessel the

22  operator of which has been licensed pursuant to paragraph (a)

23  must maintain and report such statistical data as required by,

24  and in a manner set forth in, the rules of the commission.

25         (8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL

26  ACTIVITY PERMITS.--In addition to any license required under

27  this chapter, the following permits and fees for specified

28  hunting, fishing, and recreational uses and activities are

29  required:

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  1         (a)  An annual Florida waterfowl permit for a resident

  2  or nonresident to take wild ducks or geese within the state or

  3  its coastal waters is $3.

  4         (b)  An annual Florida turkey permit for a resident to

  5  take wild turkeys within the state is $5.

  6         (c)  An annual Florida turkey permit for a nonresident

  7  to take wild turkeys within the state is $100.

  8         (d)  An annual snook permit for a resident or

  9  nonresident to take or possess any snook from any waters of

10  the state is $2.  Revenue generated from the sale of snook

11  permits shall be used exclusively for programs to benefit the

12  snook population.

13         (e)  An annual crawfish permit for a resident or

14  nonresident to take or possess any crawfish for recreational

15  purposes from any waters of the state is $2.  Revenue

16  generated from the sale of crawfish permits shall be used

17  exclusively for programs to benefit the crawfish population.

18         (f)  An annual muzzle-loading-gun permit for a resident

19  or nonresident to hunt within the state with a muzzle-loading

20  gun is $5.  Hunting with a muzzle-loading gun is limited to

21  game seasons in which hunting with a modern firearm is not

22  authorized by the commission.

23         (g)  An annual archery permit for a resident or

24  nonresident to hunt within the state with a bow and arrow is

25  $5.  Hunting with an archery permit is limited to those game

26  seasons in which hunting with a firearm is not authorized by

27  the commission.

28         (h)  An annual bass permit for a resident or

29  nonresident to take or possess all species of Florida bass

30  from any waters of the state is $5.

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  1         (i)  A special use permit for a resident or nonresident

  2  to participate in limited entry hunting or fishing activities

  3  as authorized by commission rule shall not exceed $100 per day

  4  or $250 per week.  Notwithstanding any other provision of this

  5  chapter, there are no exclusions, exceptions, or exemptions

  6  from this permit fee.  In addition to the permit fee, the

  7  commission may charge each special use permit applicant a

  8  nonrefundable application fee not to exceed $10.

  9         (j)1.  A management area permit for a resident or

10  nonresident to hunt on, fish on, or otherwise use for outdoor

11  recreational purposes land owned, leased, or managed by the

12  commission, or by the state for the use and benefit of the

13  commission, shall not exceed $25 per year.

14         2.  Permit fees for short-term use of land that is

15  owned, leased, or managed by the commission may be established

16  by rule of the commission for activities on such lands.  Such

17  permits may be in lieu of, or in addition to, the annual

18  management area permit authorized in subparagraph 1.

19         3.  Other than for hunting or fishing, the provisions

20  of this paragraph shall not apply on any lands not owned by

21  the commission, unless the commission has obtained the written

22  consent of the owner or primary custodian of such lands.

23         (k)1.  A recreational user permit is required to hunt

24  on, fish on, or otherwise use for outdoor recreational

25  purposes land leased by the commission from private

26  nongovernmental owners, except for those lands located

27  directly north of the Apalachicola National Forest, east of

28  the Ochlockonee River until the point the river meets the dam

29  forming Lake Talquin, and south of the closest federal

30  highway.  The fee for a recreational user permit shall be

31  based upon the economic compensation desired by the landowner,

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  1  game population levels, desired hunter density, and

  2  administrative costs.  The permit fee shall be set by

  3  commission rule on a per-acre basis. The recreational user

  4  permit fee, less administrative costs of up to $25 per permit,

  5  shall be remitted to the landowner as provided in the lease

  6  agreement for each area.

  7         2.  One minor dependent, 16 years of age or younger,

  8  may hunt under the supervision of the permittee and is exempt

  9  from the recreational user permit requirements.  The spouse

10  and dependent children of a permittee are exempt from the

11  recreational user permit requirements when engaged in outdoor

12  recreational activities other than hunting and when

13  accompanied by a permittee.  Notwithstanding any other

14  provision of this chapter, no other exclusions, exceptions, or

15  exemptions from the recreational user permit fee are

16  authorized.

17         (9)(a)  RESIDENT 5-YEAR HUNTING AND FISHING

18  LICENSES.--Five-year licenses are available for residents

19  only, as follows:

20         1.  A 5-year freshwater fishing or saltwater fishing

21  license is $60 for each type of license and authorizes the

22  person to whom the license is issued to take or attempt to

23  take or possess freshwater fish or saltwater fish consistent

24  with the state and federal laws and regulations and rules of

25  the commission in effect at the time of taking.

26         2.  A 5-year hunting license is $55 and authorizes the

27  person to whom it is issued to take or attempt to take or

28  possess game consistent with the state and federal laws and

29  regulations and rules of the commission in effect at the time

30  of taking.

31

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  1         3.  The commission is authorized to sell the hunting,

  2  fishing, and recreational activity permits authorized in

  3  subsection (8) for a 5-year period to match the purchase of

  4  5-year fishing and hunting licenses. The fee for each permit

  5  issued under this paragraph is five times the annual cost

  6  established in subsection (8).

  7         (b)  Proceeds from the sale of all 5-year licenses and

  8  permits shall be deposited into the Dedicated License Trust

  9  Fund, to be distributed in accordance with the provisions of

10  s. 372.106.

11         (10)  RESIDENT LIFETIME FRESHWATER AND SALTWATER

12  FISHING LICENSES.--

13         (a)  Lifetime freshwater fishing licenses and saltwater

14  fishing licenses are available for residents only, as follows,

15  for:

16         1.  Persons 4 years of age or younger, for a fee of

17  $125 for each type of license.

18         2.  Persons 5 years of age or older, but under 13 years

19  of age, for a fee of $225 for each type of license.

20         3.  Persons 13 years of age or older, for a fee of $300

21  for each type of license.

22         (b)  The following activities are authorized by the

23  purchase of a lifetime freshwater fishing license:

24         1.  Taking, or attempting to take or possess,

25  freshwater fish consistent with the state and federal laws and

26  regulations and rules of the commission in effect at the time

27  of the taking.

28         2.  All activities authorized by a management area

29  permit, excluding hunting.

30         3.  All activities authorized by a bass permit.

31

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  1         (c)  The following activities are authorized by the

  2  purchase of a lifetime saltwater fishing license:

  3         1.  Taking, or attempting to take or possess, saltwater

  4  fish consistent with the state and federal laws and

  5  regulations and rules of the commission in effect at the time

  6  of the taking.

  7         2.  All activities authorized by a snook permit and a

  8  crawfish permit.

  9         3.  All activities for which an additional license,

10  permit, or fee is required to take or attempt to take or

11  possess saltwater fish, which additional license, permit, or

12  fee was imposed subsequent to the date of the purchase of the

13  lifetime saltwater fishing license.

14         (11)  RESIDENT LIFETIME HUNTING LICENSES.--

15         (a)  Lifetime hunting licenses are available to

16  residents only, as follows, for:

17         1.  Persons 4 years of age or younger, for a fee of

18  $200.

19         2.  Persons 5 years of age or older, but under 13 years

20  of age, for a fee of $350.

21         3.  Persons 13 years of age or older, for a fee of

22  $500.

23         (b)  The following activities are authorized by the

24  purchase of a lifetime hunting license:

25         1.  Taking, or attempting to take or possess, game

26  consistent with the state and federal laws and regulations and

27  rules of the commission in effect at the time of the taking.

28         2.  All activities authorized by a muzzle-loading gun

29  permit, a turkey permit, an archery permit, a Florida

30  waterfowl permit, and a management area permit, excluding

31  fishing.

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  1         (12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--

  2         (a)  Lifetime sportsman's licenses are available, to

  3  residents only, as follows, for:

  4         1.  Persons 4 years of age or younger, for a fee of

  5  $400.

  6         2.  Persons 5 years of age or older, but under 13 years

  7  of age, for a fee of $700.

  8         3.  Persons 13 years of age or older, for a fee of

  9  $1,000.

10         (b)  The following activities are authorized by the

11  purchase of a lifetime sportsman's license:

12         1.  Taking, or attempting to take or possess,

13  freshwater and saltwater fish, and game, consistent with the

14  state and federal laws and regulations and rules of the

15  commission in effect at the time of taking.

16         2.  All activities authorized by a management area

17  permit, a muzzle-loading gun permit, a turkey permit, an

18  archery permit, a Florida waterfowl permit, a bass permit, a

19  snook permit, and a crawfish permit.

20

21  The proceeds from the sale of all lifetime licenses authorized

22  in this section shall be deposited into the Lifetime Fish and

23  Wildlife Trust Fund, to be distributed as provided in s.

24  372.105.

25         (13)  RECIPROCAL FEE AGREEMENTS.--The commission is

26  authorized to reduce the fees for licenses and permits under

27  this section for residents of those states with which the

28  commission has entered into reciprocal agreements with respect

29  to such fees.

30         (14)  FREE FISHING DAYS.--The commission may designate

31  by rule no more than 2 consecutive or nonconsecutive days in

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  1  each year as free freshwater fishing days and no more than 2

  2  consecutive or nonconsecutive days in each year as free

  3  saltwater fishing days.  Notwithstanding any other provision

  4  of this chapter, any person may take freshwater fish for

  5  recreational purposes on a free freshwater fishing day and may

  6  take saltwater fish for recreational purposes on a free

  7  saltwater fishing day without obtaining or possessing a

  8  license or permit as prescribed in this section.  A person who

  9  takes freshwater or saltwater fish on a free fishing day must

10  comply with all laws, rules, and regulations governing the

11  holders of a fishing license or permit and all other

12  conditions and limitations regulating the taking of freshwater

13  or saltwater fish as are imposed by law or rule.

14         Section 19.  Section 372.571, Florida Statutes, is

15  amended to read:

16         372.571  Expiration of licenses and permits.--Each

17  license or permit issued under this chapter must be dated when

18  issued. Each license or permit issued under this chapter

19  remains valid for 12 months after the date of issuance, except

20  for a lifetime license issued pursuant to s. 372.57 which is

21  valid from the date of issuance until the death of the

22  individual to whom the license is issued unless otherwise

23  revoked in accordance with s. 372.99, or a 5-year license

24  issued pursuant to s. 372.57 which is valid for 5 consecutive

25  years from the date of purchase unless otherwise revoked in

26  accordance with s. 372.99 or a license issued pursuant to s.

27  372.57(5)(a), (b), (c), (d), or (g) or (8)(i) or (j)2. (2)(b)

28  or (g), which is valid for the period specified on the

29  license.  A resident lifetime license or a resident 5-year

30  license that has been purchased by a resident of this state

31

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  1  and who subsequently resides in another state shall be honored

  2  for activities authorized by that license.

  3         Section 20.  Subsection (1) of section 372.5712,

  4  Florida Statutes, is amended to read:

  5         372.5712  Florida waterfowl permit revenues.--

  6         (1)  The commission shall expend the revenues generated

  7  from the sale of the Florida waterfowl permit as provided in

  8  s. 372.57(8)(4)(a) or that pro rata portion of any license

  9  that includes waterfowl hunting privileges, as provided in s.

10  372.57(4)(h) and (i) (2)(k) and (14)(b) as follows:  A maximum

11  of 5 percent of the gross revenues shall be expended for

12  administrative costs; a maximum of 25 percent of the gross

13  revenues shall be expended for waterfowl research approved by

14  the commission; and a maximum of 70 percent of the gross

15  revenues shall be expended for projects approved by the

16  commission, in consultation with the Waterfowl Advisory

17  Council, for the purpose of protecting and propagating

18  migratory waterfowl and for the development, restoration,

19  maintenance, and preservation of wetlands within the state.

20         Section 21.  Subsection (1) of section 372.5715,

21  Florida Statutes, is amended to read:

22         372.5715  Florida wild turkey permit revenues.--

23         (1)  The commission shall expend the revenues generated

24  from the sale of the turkey permit as provided for in s.

25  372.57(8)(b) and (c) (4)(e) or that pro rata portion of any

26  license that includes turkey hunting privileges as provided

27  for in s. 372.57(4)(h) and (i)(2)(k) and (14)(b) for research

28  and management of wild turkeys.

29         Section 22.  Section 372.5716, Florida Statutes, is

30  created to read:

31

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  1         372.5716  Florida bass permit revenues.--The purpose of

  2  this section is to protect Florida's unique subspecies of

  3  largemouth bass through expanded research and management and

  4  to improve Florida bass populations in the state.  Revenues

  5  generated from the sale of the Florida bass permit authorized

  6  in s. 372.57(8)(k), or the pro rata share of any license that

  7  includes Florida bass fishing privileges as provided for in

  8  ss. 372.57(4)(h) and (i), (9)(a)3., (10)(b) and (12)(b)2.,

  9  must be used exclusively for the construction, maintenance,

10  and operation of the Florida Bass Center at the Richloam

11  Hatchery in Sumter County, including programs to benefit

12  research and management of Florida bass, with special emphasis

13  on the subspecies of largemouth bass unique to Florida.  The

14  commission shall prepare an annual report documenting the

15  expenditure of revenue generated by the sale of Florida bass

16  permits, which shall be submitted to the appropriate House and

17  Senate fiscal and substantive legislative committees.

18         Section 23.  Subsection (7) of section 372.5717,

19  Florida Statutes, is amended to read:

20         372.5717  Hunter safety course; requirements;

21  penalty.--

22         (7)  The hunter safety requirements of this section do

23  not apply to persons for whom licenses are not required under

24  s. 372.562(2) 372.57(1).

25         Section 24.  Section 372.573, Florida Statutes, is

26  amended to read:

27         372.573  Management area permit revenues.--The

28  commission shall expend the revenue generated from the sale of

29  the management area permit as provided for in s. 372.57(8)(j)

30  (4)(b) or that pro rata portion of any license that includes

31  management area privileges as provided for in s. 372.57(4)(h)

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  1  and (2)(i) and (14)(b) for the lease, management, and

  2  protection of lands for public hunting, fishing, and other

  3  outdoor recreation.

  4         Section 25.  Paragraph (h) of subsection (1) and

  5  paragraphs (e) and (i) of subsection (2) of section 372.574,

  6  Florida Statutes, are amended to read:

  7         372.574  Appointment of subagents for the sale of

  8  hunting, fishing, and trapping licenses and permits.--

  9         (1)  A county tax collector who elects to sell licenses

10  and permits may appoint any person as a subagent for the sale

11  of fishing, hunting, and trapping licenses and permits that

12  the tax collector is allowed to sell. The following are

13  requirements for subagents:

14         (h)  A subagent shall submit payment for and report the

15  sale of licenses and permits each week to the tax collector as

16  prescribed by the tax collector but no less frequently than

17  monthly.

18         (2)  If a tax collector elects not to appoint

19  subagents, the commission may appoint subagents within that

20  county.  Subagents shall serve at the pleasure of the

21  commission.  The commission may establish, by rule, procedures

22  for selection of subagents.  The following are requirements

23  for subagents so appointed:

24         (e)  A subagent may charge and receive as his or her

25  compensation 50 cents for each license or permit sold.  This

26  charge is in addition to the sum required by law to be

27  collected for the sale and issuance of each license or permit.

28  In addition, no later than July 1, 1997, a subagent fee for

29  the sale of licenses over the telephone by credit card shall

30  be established by competitive bid procedures which are

31  overseen by the Fish and Wildlife Conservation Commission. A

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  1  fee for electronic license sales may be established by

  2  competitive-bid procedures that are overseen by the Fish and

  3  Wildlife Conservation Commission.

  4         (i)  By July 15 of each year, each subagent shall

  5  submit to the commission all unissued stamps for the previous

  6  year along with a written audit report, on forms prescribed or

  7  approved by the commission, on the numbers of the unissued

  8  stamps.

  9         Section 26.  Paragraph (a) of subsection (1) and

10  subsection (2) of section 372.65, Florida Statutes, are

11  amended to read:

12         372.65  Freshwater fish dealer's license.--

13         (1)  No person shall engage in the business of taking

14  for sale or selling any frogs or freshwater fish, including

15  live bait, of any species or size, or importing any exotic or

16  nonindigenous fish, until such person has obtained a license

17  and paid the fee therefor as set forth herein.  The license

18  issued shall be in the possession of the person to whom issued

19  while such person is engaging in the business of taking for

20  sale or selling freshwater fish or frogs, is not transferable,

21  shall bear on its face in indelible ink the name of the person

22  to whom it is issued, and shall be affixed to a license

23  identification card issued by the commission.  Such license is

24  not valid unless it bears the name of the person to whom it is

25  issued and is so affixed. The failure of such person to

26  exhibit such license to the commission or any of its wildlife

27  officers when such person is found engaging in such business

28  is a violation of law.  The license fees and activities

29  permitted under particular licenses are as follows:

30         (a)  The fee for a resident commercial fishing license,

31  which permits a resident to take freshwater fish or frogs by

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  1  any lawful method prescribed by the commission and to sell

  2  such fish or frogs, shall be $25.  The license provided for in

  3  this paragraph shall also allow noncommercial fishing as

  4  provided by law and commission rules, and the license in s.

  5  372.57(4)(2)(a) shall not be required.

  6         (2)  The provisions of ss. 372.561 and 372.571, except

  7  those provisions relating to issuance without fee to certain

  8  classes of persons, shall apply to licenses issued under this

  9  section.

10         Section 27.  Section 372.661, Florida Statutes, is

11  amended to read:

12         372.661  Private hunting preserve licenses; fees,

13  license; exception.--

14         (1)  Any person who operates a private hunting preserve

15  commercially or otherwise shall be required to pay a license

16  fee of $50 $25 for each such preserve; provided, however, that

17  during the open season established for wild game of any

18  species a private individual may take artificially propagated

19  game of such species up to the bag limit prescribed for the

20  particular species without being required to pay the license

21  fee required by this section; provided further that if any

22  such individual shall charge a fee for taking such game she or

23  he shall be required to pay the license fee required by this

24  section and to comply with the rules and regulations of the

25  Fish and Wildlife Conservation commission relative to the

26  operation of private hunting preserves.

27         (2)  A commercial hunting preserve license, which shall

28  exempt patrons of licensed preserves from the license and

29  permit requirements of s. 372.57(4)(c), (d), (f), (h), and

30  (i); (5)(g) and (h); (8)(a), (b), (c), (f), and (g); (9)(a)2.;

31  (11); and (12) licensure requirements of s. 372.57(2)(e), (f),

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  1  (g), and (i), (4)(a), (c), (d), and (e), (7), (9), and (14)(b)

  2  while hunting on the licensed preserve property, shall be

  3  $500. Such commercial hunting preserve license shall be

  4  available only to those private hunting preserves licensed

  5  pursuant to this section which are operated exclusively for

  6  commercial purposes, which are open to the public, and for

  7  which a uniform fee is charged to patrons for hunting

  8  privileges.

  9         Section 28.  Subsection (8) is added to section

10  372.711, Florida Statutes, to read:

11         372.711  Noncriminal infractions.--

12         (8)  A person who is cited for a violation of the

13  provisions of s. 372.57 which require the possession of a

14  license or permit may not be convicted if, prior to or at the

15  time of his or her court or hearing appearance, the person

16  produces in court or to the clerk of the court in which the

17  charge is pending the required license or permit that was

18  issued to him or her and valid at the time of his or her

19  citation.  The clerk of the court is authorized to dismiss

20  each such case at any time before, or at the time of, the

21  defendant's appearance in court.  The clerk of the court may

22  assess a fee of $5 for dismissing the case under this

23  subsection.

24         Section 29.  Paragraph (h) of subsection (1) of section

25  372.83, Florida Statutes, is reenacted to read:

26         372.83  Noncriminal infractions; criminal penalties;

27  suspension and revocation of licenses and permits.--

28         (1)  A person is guilty of a noncriminal infraction,

29  punishable as provided in s. 372.711, if she or he violates

30  any of the following provisions:

31

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  1         (h)  Section 372.57, relating to hunting, fishing, and

  2  trapping licenses.

  3

  4  A person who fails to pay the civil penalty specified in s.

  5  372.711 within 30 days after being cited for a noncriminal

  6  infraction or to appear before the court pursuant to that

  7  section is guilty of a misdemeanor of the second degree,

  8  punishable as provided in s. 775.082 or s. 775.083.

  9         Section 30.  Section 372.87, Florida Statutes, is

10  amended to read:

11         372.87  License fee; renewal, revocation.--The Fish and

12  Wildlife Conservation commission is hereby authorized and

13  empowered to issue a license or permit for the keeping,

14  possessing, or exhibiting of poisonous or venomous reptiles,

15  upon payment of an annual fee of $25 $5 and upon assurance

16  that all of the provisions of ss. 372.86-372.91 and such other

17  reasonable rules and regulations as the said commission

18  prescribes may prescribe will be fully complied with in all

19  respects.  The Such permit may be revoked by the Fish and

20  Wildlife Conservation commission upon violation of any of the

21  provisions of ss. 372.86-372.91 or upon violation of any of

22  the rules and regulations prescribed by the said commission

23  relating to the keeping, possessing, and exhibiting of any

24  poisonous and venomous reptiles. Such permits or licenses

25  shall be for an annual period to be prescribed by the said

26  commission and shall be renewable from year to year upon the

27  payment of the $25 said $5 fee and shall be subject to the

28  same conditions, limitations, and restrictions as herein set

29  forth.

30         Section 31.  Subsections (1), (2), and (4) of section

31  372.921, Florida Statutes, are amended, subsection (9) is

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  1  renumbered as subsection (10), and a new subsection (9) is

  2  added to that section, to read:

  3         372.921  Exhibition of wildlife.--

  4         (1)  In order to provide humane treatment and sanitary

  5  surroundings for wild animals kept in captivity, no person,

  6  firm, corporation, or association shall have, or be in

  7  possession of, in captivity for the purpose of public display

  8  with or without charge or for public sale any wildlife,

  9  specifically birds, mammals, amphibians, and reptiles, whether

10  indigenous to Florida or not, without having first secured a

11  permit from the Fish and Wildlife Conservation commission

12  authorizing such person, firm, or corporation to have in its

13  possession in captivity the species and number of wildlife

14  specified within such permit; however, this section does not

15  apply to any wildlife not protected by law and the rules

16  regulations of the Fish and Wildlife Conservation commission.

17         (2)  The fees to be paid for the issuance of permits

18  required by subsection (1) shall be as follows:

19         (a)  For not more than 25 Class I or Class II 10

20  individual specimens in the aggregate of all species, the sum

21  of $100 $5 per annum.

22         (b)  For over 25 Class I or Class II 10 individual

23  specimens in the aggregate of all species, the sum of $250 $25

24  per annum.

25         (c)  For any number of Class III individual specimens

26  in the aggregate of all species, the sum of $25 per annum.

27

28  The fees prescribed by this subsection section shall be

29  submitted to the Fish and Wildlife Conservation commission

30  with the application for permit required by subsection (1) and

31  shall be deposited in the State Game Fund.

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  1         (4)  Permits issued pursuant to this section and places

  2  where wildlife is kept or held in captivity shall be subject

  3  to inspection by officers of the Fish and Wildlife

  4  Conservation commission at all times.  The commission shall

  5  have the power to release or confiscate any specimens of any

  6  wildlife, specifically birds, mammals, amphibians, or

  7  reptiles, whether indigenous to the state or not, when it is

  8  found that conditions under which they are being confined are

  9  unsanitary, or unsafe to the public in any manner, or that the

10  species of wildlife are being maltreated, mistreated, or

11  neglected or kept in any manner contrary to the provisions of

12  chapter 828, any such permit to the contrary notwithstanding.

13  Before any such wildlife is confiscated or released under the

14  authority of this section, the owner thereof shall have been

15  advised in writing of the existence of such unsatisfactory

16  conditions; the owner shall have been given 30 days in which

17  to correct such conditions; the owner shall have failed to

18  correct such conditions; the owner shall have had an

19  opportunity for a proceeding pursuant to chapter 120; and the

20  commission shall have ordered such confiscation or release

21  after careful consideration of all evidence in the particular

22  case in question.  The final order of the commission shall

23  constitute final agency action.

24         (9)  The commission may adopt rules pursuant to ss.

25  120.536(1) and 120.54 to administer this section, including,

26  but not limited to, rules defining Class I, Class II, and

27  Class III types of wildlife.

28         Section 32.  Subsection (5) of section 372.922, Florida

29  Statutes, is amended to read:

30         372.922  Personal possession of wildlife.--

31

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  1         (5)  Any person, firm, corporation, or association

  2  exhibiting or selling wildlife and being duly permitted as

  3  provided by s. 372.921 shall be exempt from the fee

  4  requirement to receive obtain a permit under the provisions of

  5  this section.

  6         Section 33.  Subsection (3) of section 705.101, Florida

  7  Statutes, is amended to read:

  8         705.101  Definitions.--As used in this chapter:

  9         (3)  "Abandoned property" means all tangible personal

10  property that does not have an identifiable owner and that has

11  been disposed on public property in a wrecked, inoperative, or

12  partially dismantled condition or has no apparent intrinsic

13  value to the rightful owner. However, Vessels determined to be

14  derelict by the Fish and Wildlife Conservation Commission or a

15  county or municipality in accordance with the provisions of s.

16  823.11 are not included within this definition.

17         Section 34.  Paragraph (b) of subsection (8) of section

18  212.06, Florida Statutes, is amended to read:

19         212.06  Sales, storage, use tax; collectible from

20  dealers; "dealer" defined; dealers to collect from purchasers;

21  legislative intent as to scope of tax.--

22         (8)

23         (b)  The presumption that tangible personal property

24  used in another state, territory of the United States, or the

25  District of Columbia for 6 months or longer before being

26  imported into this state was not purchased for use in this

27  state does not apply to any boat for which a saltwater fishing

28  license fee is required to be paid pursuant to s. 372.57(7)

29  370.0605(2)(b)1., 2., or 3., either directly or indirectly,

30  for the purpose of taking, attempting to take, or possessing

31  any marine fish for noncommercial purposes.  Use tax shall

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  1  apply and be due on such a boat as provided in this paragraph,

  2  and proof of payment of such tax must be presented prior to

  3  the first such licensure of the boat, registration of the boat

  4  pursuant to chapter 328, and titling of the boat pursuant to

  5  chapter 328. A boat that is first licensed within 1 year after

  6  purchase shall be subject to use tax on the full amount of the

  7  purchase price; a boat that is first licensed in the second

  8  year after purchase shall be subject to use tax on 90 percent

  9  of the purchase price; a boat that is first licensed in the

10  third year after purchase shall be subject to use tax on 80

11  percent of the purchase price; a boat that is first licensed

12  in the fourth year after purchase shall be subject to use tax

13  on 70 percent of the purchase price; a boat that is first

14  licensed in the fifth year after purchase shall be subject to

15  use tax on 60 percent of the purchase price; and a boat that

16  is first licensed in the sixth year after purchase, or later,

17  shall be subject to use tax on 50 percent of the purchase

18  price.  If the purchaser fails to provide the purchase invoice

19  on such boat, the fair market value of the boat at the time of

20  importation into this state shall be used to compute the tax.

21         Section 35.  Paragraph (l) of subsection (4) of section

22  215.20, Florida Statutes, is amended to read:

23         215.20  Certain income and certain trust funds to

24  contribute to the General Revenue Fund.--

25         (4)  The income of a revenue nature deposited in the

26  following described trust funds, by whatever name designated,

27  is that from which the deductions authorized by subsection (3)

28  shall be made:

29         (l)  The Marine Resources Conservation Trust Fund

30  created by s. 370.0603 s. 370.0608, with the exception of

31

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    Florida Senate - 2002                                   SB 354
    312-305B-02




  1  those fees collected for recreational saltwater fishing

  2  licenses as provided in s. 372.57 s. 370.0605.

  3

  4  The enumeration of the foregoing moneys or trust funds shall

  5  not prohibit the applicability thereto of s. 215.24 should the

  6  Governor determine that for the reasons mentioned in s. 215.24

  7  the money or trust funds should be exempt herefrom, as it is

  8  the purpose of this law to exempt income from its force and

  9  effect when, by the operation of this law, federal matching

10  funds or contributions or private grants to any trust fund

11  would be lost to the state.

12         Section 36.  Sections 370.0605, 370.0615, and 370.1111,

13  subsections (10) and (11) of section 370.14, subsection (4) of

14  section 372.05, and section 372.06, Florida Statutes, are

15  repealed.

16         Section 37.  This act shall take effect July 1, 2002.

17

18            *****************************************

19                          SENATE SUMMARY

20    Amends and repeals various sections of ch. 370 and ch.
      372, F.S., revising licenses and fees for the
21    recreational taking of freshwater fish, saltwater fish,
      and game. Revises penalties. (See bill for details.)
22

23

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