| 1 | The Committee on Finance & Tax recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to vessel licenses; amending s. 372.57, |
| 7 | F.S.; creating a Freshwater Vessel License Pilot Program |
| 8 | within the Fish and Wildlife Conservation Commission; |
| 9 | establishing nonmandatory license fees and categories; |
| 10 | prohibiting the transfer of vessel licenses under certain |
| 11 | circumstances; requiring that revenues from the sales of |
| 12 | freshwater vessel licenses be deposited into the State |
| 13 | Game Trust Fund; providing for the expiration of the pilot |
| 14 | program; creating a Vessel License Task Force within the |
| 15 | commission; providing for membership of the task force; |
| 16 | providing responsibilities and duties of the task force; |
| 17 | requiring the task force to submit recommendations to the |
| 18 | commission and certain committees of the Legislature; |
| 19 | providing for expiration of the task force; providing an |
| 20 | appropriation; amending s. 372.562, F.S.; providing |
| 21 | exemptions from certain fees and requirements for persons |
| 22 | fishing from or operating a freshwater vessel with a |
| 23 | freshwater vessel license; providing for expiration of the |
| 24 | exemption; providing effective dates. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Subsection (7) of section 372.57, Florida |
| 29 | Statutes, is amended, and subsections (16) and (17) are added to |
| 30 | said section, to read: |
| 31 | 372.57 Recreational licenses, permits, and authorization |
| 32 | numbers; fees established.-- |
| 33 | (7) SALTWATER VESSEL LICENSES.-- |
| 34 | (a) No person may operate any vessel wherein a fee is |
| 35 | paid, either directly or indirectly, for the purpose of taking, |
| 36 | attempting to take, or possessing any saltwater fish for |
| 37 | noncommercial purposes unless she or he has obtained a license |
| 38 | for each vessel for that purpose, and has paid the license fee |
| 39 | pursuant to paragraph (b), paragraph (c), or paragraph (d) |
| 40 | paragraphs (b) and (c) for such vessel. |
| 41 | (b) A license for any person who operates any vessel |
| 42 | licensed to carry more than 10 customers, wherein a fee is paid, |
| 43 | either directly or indirectly, for the purpose of taking or |
| 44 | attempting to take saltwater fish, is $800 per year. The license |
| 45 | must be kept aboard the vessel at all times. |
| 46 | (c)1. A license for any person who operates any vessel |
| 47 | licensed to carry no more than 10 customers, or for any person |
| 48 | licensed to operate any vessel carrying 6 or fewer customers, |
| 49 | wherein a fee is paid, either directly or indirectly, for the |
| 50 | purpose of taking or attempting to take saltwater fish, is $400 |
| 51 | per year. |
| 52 | (d)2. A license for any person licensed to operate any |
| 53 | vessel carrying 6 or fewer customers but who operates a vessel |
| 54 | carrying 4 or fewer customers, wherein a fee is paid, either |
| 55 | directly or indirectly, for the purpose of taking or attempting |
| 56 | to take saltwater fish, is $200 per year. The license must be |
| 57 | kept aboard the vessel at all times. |
| 58 | (e)3. A person who operates a vessel required to be |
| 59 | licensed pursuant to paragraph (b), paragraph (c), or this |
| 60 | paragraph (d) may obtain a license in her or his own name, and |
| 61 | such license shall be transferable and apply to any vessel |
| 62 | operated by the purchaser, provided that the purchaser has paid |
| 63 | the appropriate license fee. |
| 64 | (f)(d) A license for a recreational vessel not for hire |
| 65 | and for which no fee is paid, either directly or indirectly, by |
| 66 | guests for the purpose of taking or attempting to take saltwater |
| 67 | fish noncommercially is $2,000 per year. The license may be |
| 68 | purchased at the option of the vessel owner and must be kept |
| 69 | aboard the vessel at all times. A log of species taken and the |
| 70 | date the species were taken shall be maintained and a copy of |
| 71 | the log filed with the commission at the time of renewal of the |
| 72 | license. |
| 73 | (g)(e) The owner, operator, or custodian of a vessel the |
| 74 | operator of which has been licensed pursuant to paragraph (a) |
| 75 | must maintain and report such statistical data as required by, |
| 76 | and in a manner set forth in, the rules of the commission. |
| 77 | (16) FRESHWATER VESSEL LICENSE PILOT PROGRAM.-- |
| 78 | (a) The Fish and Wildlife Conservation Commission shall |
| 79 | establish a 1-year nonmandatory freshwater vessel license |
| 80 | program which shall be implemented on July 1, 2004. Freshwater |
| 81 | vessel licenses issued under this subsection shall expire on |
| 82 | June 30, 2005, and are nonrenewable. Any license issued under |
| 83 | this pilot program must be identified as a freshwater vessel |
| 84 | license and, except as provided in paragraph (e), may not be |
| 85 | transferred for use to other fishing vessels during the time for |
| 86 | which the license is valid. The owner, operator, or custodian of |
| 87 | a vessel licensed pursuant to this subsection must maintain and |
| 88 | report such statistical data as required by the commission. |
| 89 | (b) A license for any vessel for hire as certified by the |
| 90 | United States Coast Guard to carry 11 or more passengers, |
| 91 | wherein a fee is paid either directly or indirectly for the |
| 92 | purpose of taking or attempting to take freshwater fish, is $800 |
| 93 | per year. The license must be kept aboard the vessel at all |
| 94 | times. |
| 95 | (c) A license for any vessel for hire as certified by the |
| 96 | United States Coast Guard to carry 10 or fewer passengers is |
| 97 | $400 per year, or for any vessel for hire carrying 6 or fewer |
| 98 | passengers, wherein a fee is paid either directly or indirectly |
| 99 | for the purpose of taking or attempting to take freshwater fish, |
| 100 | is $400 per year. The license must be kept aboard the vessel at |
| 101 | all times. |
| 102 | (d) A license for any vessel for hire carrying 4 or fewer |
| 103 | passengers, wherein a fee is paid either directly or indirectly |
| 104 | for the purpose of taking or attempting to take freshwater fish, |
| 105 | is $200 per year. The license must be kept aboard the vessel at |
| 106 | all times. |
| 107 | (e) A person who must be licensed by the United States |
| 108 | Coast Guard to operate a vessel licensed under paragraph (b), |
| 109 | paragraph (c), or paragraph (d) may obtain a license in her or |
| 110 | his own name, and such license shall be transferable and apply |
| 111 | to any vessel operated by the purchaser, provided that the |
| 112 | purchaser has paid the appropriate fee. |
| 113 | (f) Funds resulting from the sale of freshwater vessel |
| 114 | licenses authorized in this subsection shall be deposited into |
| 115 | the State Game Trust Fund within the Fish and Wildlife |
| 116 | Conservation Commission. |
| 117 | (g) This subsection expires July 1, 2005. |
| 118 | (17) VESSEL LICENSE TASK FORCE.-- |
| 119 | (a) The Vessel License Task Force is created within the |
| 120 | Fish and Wildlife Conservation Commission for the purpose of |
| 121 | reviewing the commission's vessel license programs to determine: |
| 122 | 1. If vessel licenses for saltwater and freshwater vessels |
| 123 | should be mandatory or permissive licenses; |
| 124 | 2. If the vessel license programs should be repealed; |
| 125 | 3. If the fees generated from the sale of vessel licenses |
| 126 | are sufficient to offset the loss of revenue to the commission |
| 127 | which is generated by persons who are not required to purchase |
| 128 | an individual license because they are paying to fish from a |
| 129 | licensed vessel; |
| 130 | 4. A fair and equitable fee for saltwater and freshwater |
| 131 | vessel licenses if the task force recommends that the vessel |
| 132 | license programs should not be repealed and further finds that |
| 133 | revenues from the sale of vessel licenses are not adequate to |
| 134 | cover the loss of revenue to the commission which is generated |
| 135 | by the reduction in the sale of individual fishing licenses; and |
| 136 | 5. A method of tracking the number of persons who pay to |
| 137 | fish from licensed vessels so that the commission can better |
| 138 | determine the user impact on saltwater and freshwater resources. |
| 139 | (b) The Vessel License Task Force shall be composed of |
| 140 | seven members and must include one member of the Florida Guides |
| 141 | Association, two freshwater fishing guides licensed by the |
| 142 | United States Coast Guard, one member working as a part-time |
| 143 | freshwater fishing guide, one saltwater fishing guide licensed |
| 144 | by the United States Coast Guard, one member working as a part- |
| 145 | time saltwater fishing guide, and one representative from the |
| 146 | Fish and Wildlife Conservation Commission with knowledge of the |
| 147 | commission's vessel license programs, who is selected by the |
| 148 | executive director but who must not be a commissioner and who |
| 149 | shall serve as chair of the task force. Members of the task |
| 150 | force shall be selected by the chair and must serve without |
| 151 | compensation. |
| 152 | (c) The task force shall meet at the call of the chair, or |
| 153 | at the request of a majority of its members. Staff of the |
| 154 | commission shall serve as staff of the task force. |
| 155 | (d) By February 1, 2006, the task force shall submit |
| 156 | written recommendations to the Fish and Wildlife Conservation |
| 157 | Commission. Copies of the written recommendations must also be |
| 158 | submitted to the staff of the natural resources committees and |
| 159 | appropriations committees of the Senate and the House of |
| 160 | Representatives. |
| 161 | (e) The sum of $120,000 is appropriated to the Fish and |
| 162 | Wildlife Conservation Commission from the State Game Trust Fund |
| 163 | for the fiscal year 2004-2005 to conduct research necessary to |
| 164 | implement this subsection. |
| 165 | (f) This subsection expires July 1, 2006. |
| 166 | Section 2. Paragraphs (i) and (j) of subsection (2) of |
| 167 | section 372.562, Florida Statutes, are amended to read: |
| 168 | 372.562 Recreational licenses and permits; exemptions from |
| 169 | fees and requirements.-- |
| 170 | (2) A hunting, freshwater fishing, or saltwater fishing |
| 171 | license or permit is not required for: |
| 172 | (i) Any person fishing from a vessel licensed pursuant to |
| 173 | s. 372.57(7) or (16). |
| 174 | (j) Any person fishing from a vessel the operator of which |
| 175 | is licensed pursuant to s. 372.57(7) or (16). |
| 176 | Section 3. Effective July 1, 2005, paragraphs (i) and (j) |
| 177 | of subsection (2) of section 372.562, Florida Statutes, as |
| 178 | amended by this act, are amended to read: |
| 179 | 372.562 Recreational licenses and permits; exemptions from |
| 180 | fees and requirements.-- |
| 181 | (2) A hunting, freshwater fishing, or saltwater fishing |
| 182 | license or permit is not required for: |
| 183 | (i) Any person fishing from a vessel licensed pursuant to |
| 184 | s. 372.57(7) or (16). |
| 185 | (j) Any person fishing from a vessel the operator of which |
| 186 | is licensed pursuant to s. 372.57(7) or (16). |
| 187 | Section 4. Except as otherwise provided herein, this act |
| 188 | shall take effect upon becoming a law. |