_h7091_

HB 7091

A bill to be entitled

An act relating to fish and wildlife conservation;

consolidating chapters 370 and 372, F.S., to create

chapter 379, F.S., entitled "Fish and Wildlife

Conservation"; creating part I of chapter 379, F.S.,

relating to general provisions; creating part II of

chapter 379, F.S., relating to marine life; creating part

III of chapter 379, F.S., relating to freshwater aquatic

life; creating part IV of chapter 379, F.S., relating to

wild animal life; creating part V of chapter 379, F.S.,

relating to law enforcement; creating part VI of chapter

379, F.S., relating to licenses for recreation activities;

creating part VII of chapter 379, F.S., relating to

nonrecreational licenses; creating part VIII of chapter

379, F.S., relating to penalties; renumbering, amending,

creating, and repealing various statutory provisions to

conform; renumbering and amending ss. 370.021, 370.06,

370.061, 370.063, 370.16, 370.22, 370.26, 370.028, 370.07,

370.08, 370.11, 370.1107, 370.1121, 370.135, 370.14,

370.143, 370.1535, 370.1603, 370.31, 370.73, 372.07,

372.071, 372.0715, 372.0025, 372.023, 372.0725, 372.16,

372.26, 372.551, 372.561, 372.562, 372.65, 372.57,

372.5704, 372.5705, 372.571, 372.5711, 372.5714, 372.5717,

372.5718, 372.574, 372.58, 372.581, 372.59, 372.651,

372.653, 372.66, 372.661, 372.662, 372.663, 372.664,

372.6645, 372.665, 372.6671, 372.6672, 372.6673, 372.6674,

372.6678, 372.671, 372.673, 372.70, 372.701, 372.7015,

372.7016, 372.76, 372.761, 372.83, 372.84, 372.86, 372.87,

372.88, 372.921, 372.922, 372.935, 372.988, 372.99,

372.9901, 372.99021, 372.99022, 372.9903, 372.9904,

372.9905, and 372.992, F.S.; correcting cross-references;

conforming provisions to changes made by this act;

renumbering and amending s. 370.12, F.S.; deleting an

obsolete provision relating to certain annual use fees;

correcting cross-references; renumbering and amending s.

370.13, F.S.; deleting an obsolete provision relating to

stone crab trap tag fees; correcting cross-references;

renumbering and amending s. 370.142, F.S.; deleting an

obsolete provision relating to spiny lobster trap tag

fees; correcting cross-references; renumbering and

amending s. 370.151, F.S.; deleting legislative intent

relating to shrimp beds; conforming provisions relating to

shrimping license violations; renumbering and amending s.

372.5701, F.S.; deleting provisions requiring an annual

legislative appropriation for specified activities and

programs; correcting cross-references; creating s.

379.3711, F.S.; establishing an annual license fee for

private game preserves and farms; providing for payment of

such fees to the commission; requiring proceeds to be

deposited in the State Game Trust Fund; creating 379.414,

F.S.; providing additional civil penalties for violations

of record requirements by saltwater products dealers;

requiring fees collected for such violations are deposited

in the Marine Resources Conservation Trust Fund;

specifying the use of such funds; amending ss. 72.011,

97.05831, 125.01, 142.01, 161.053, 201.15, 212.06, 212.08,

213.053, 215.20, 290.004, 320.08058, 327.02, 327.41,

327.73, 328.66, 328.72, 328.76, 373.046, 403.41315,

403.813, 597.010, 777.04, 810.09, 921.0022, and 932.7055,

F.S.; correcting cross-references to conform to changes

made by this act; repealing s. 370.081, F.S., relating to

illegal importation or possession of nonindigenous marine

plants and animals to conform to changes made by this act;

repealing s. 370.0821, F.S., relating to use of nets in

St. Johns County to conform to changes made by this act;

repealing s. 370.09, F.S., relating to industrial hazards

and prohibited oil deposits discharge to conform to

changes made by this act; repealing s. 370.1105, F.S.,

relating to saltwater finfish trap regulation to conform

to changes made by this act; repealing ss. 370.15 and

370.154, F.S., relating to shrimp regulations to conform

to changes made by this act; repealing s. 370.155, F.S.,

relating to shrimp fishing to conform to changes made by

this act; repealing 372.001, F.S., relating to wildlife

definitions to conform to changes made by this act;

repealing s. 372.0225, F.S., relating to freshwater

organisms to conform to changes made by this act;

repealing s. 372.107, F.S., relating to the Fish and

Wildlife Conservation Commission Federal Law Enforcement

Trust Fund to conform to changes made by this act;

repealing s. 372.27, F.S., relating to the prohibition of

fishing in Silver Springs and Rainbow Springs to conform

to changes made by this act; repealing s. 372.667, F.S.,

relating to the unlawful feeding or enticement of

alligators or crocodiles to conform to changes made by

this act; repealing s. 372.85, F.S., relating to the

contamination of fresh waters to conform to changes made

by this act; repealing s. 372.98, F.S., relating to the

possession of nutria to conform to changes made by this

act; repealing s. 372.981, F.S., relating to the

regulation of importation of caiman to conform to changes

made by this act; repealing s. 372.993, F.S., relating to

land-based commercial and recreational fishing activities

to conform to changes made by this act; providing an

effective date.

WHEREAS, it is the intent of the Legislature that the

consolidation of chapters 370 and 372, Florida Statutes, into a

new chapter 379, Florida Statutes, shall not be construed as

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creating, establishing, or implementing any substantive changes

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to current law in either of the two chapters consolidated, and

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WHEREAS, it is the intent of the Legislature that the

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consolidation of chapters 370 and 372, Florida Statutes, into a

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new chapter 379, Florida Statutes, shall not be construed as

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expanding any constitutional authority of the Fish and Wildlife

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Conservation Commission or as granting any additional

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legislative authority to the Fish and Wildlife Conservation

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Commission, NOW, THEREFORE,

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

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Section 1. Chapter 379, Florida Statutes, is created and

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entitled "Fish and Wildlife Conservation."

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Section 2. Part I of chapter 379, Florida Statutes,

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consisting of sections 379.101, 379.102, 379.1025, 379.10255,

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379.103, 379.104, 379.105, 379.106, 379.201, 379.202, 379.202,

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379.203, 379.204, 379.205, 379.206, 379.207, 379.208, 379.209,

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379.211, 379.2201, 379.2202, 379.2203, 379.2211, 379.2212,

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379.2213, 379.2221, 379.2222, 379.2223, 379.2224, 379.2225,

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379.223, 379.224, 379.2251, 379.2252, 379.2253, 379.2254,

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379.2255, 379.2256, 379.2257, 379.2258, 379.2259, 379.226,

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379.2271, 379.2272, 379.2281, 379.2282, 379.2291, 379.2292,

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379.230, 379.231, 379.232, 379.233, 379.2341, 379.2342,

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379.2351, 379.2352, 379.2353, 379.236, and 379.237, is created

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to read:

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PART I

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GENERAL PROVISIONS

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Section 3. Section 370.01, Florida Statutes, is renumbered

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as section 379.101, Florida Statutes, and amended to read:

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379.101 ~~370.01~~ Definitions.--In construing these statutes,

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where the context does not clearly indicate otherwise, the word,

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phrase, or term:

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

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Wildlife Conservation Commission, or its authorized agent, which

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serves in lieu of a license or permits and affords the privilege

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purchased for a specified period of time.

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(2) "Beaches" and "shores" shall mean the coastal and

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intracoastal shoreline of this state bordering upon the waters

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of the Atlantic Ocean, the Gulf of Mexico, the Straits of

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Florida, and any part thereof, and any other bodies of water

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under the jurisdiction of the State of Florida, between the mean

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high-water line and as far seaward as may be necessary to

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effectively carry out the purposes of this act.

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(3) "Closed season" shall be that portion of the year

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wherein the laws or rules of Florida forbid the taking of

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particular species of game or varieties of fish.

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(4) "Coastal construction" includes any work or activity

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which is likely to have a material physical effect on existing

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coastal conditions or natural shore processes.

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(5) "Commercial harvester" means any person, firm, or

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corporation that takes, harvests, or attempts to take or harvest

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saltwater products for sale or with intent to sell; that is

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operating under or is required to operate under a license or

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permit or authorization issued pursuant to this chapter; that is

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using gear that is prohibited for use in the harvest of

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recreational amounts of any saltwater product being taken or

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harvested; or that is harvesting any saltwater product in an

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amount that is at least two times the recreational bag limit for

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the saltwater product being taken or harvested.

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(6) "Commission" shall mean the Fish and Wildlife

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Conservation Commission.

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(7) "Common carrier" shall include any person, firm, or

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corporation, who undertakes for hire, as a regular business, to

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transport persons or commodities from place to place offering

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his or her services to all such as may choose to employ the

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common carrier and pay his or her charges.

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(8) "Coon oysters" are oysters found growing in bunches

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along the shore between high-water mark and low-water mark.

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(9) "Department" shall mean the Department of

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Environmental Protection.

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(10) "Erosion control," "beach preservation," and

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"hurricane protection" shall include any activity, work,

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program, project, or other thing deemed necessary by the

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Department of Environmental Protection to effectively preserve,

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protect, restore, rehabilitate, stabilize, and improve the

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beaches and shores of this state, as defined above.

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(11) "Exhibit" means to present or display upon request.

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(12) "Finfish" means any member of the classes Agnatha,

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Chondrichthyes, or Osteichthyes.

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(13) "Fish and game" means all fresh and saltwater fish,

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shellfish, crustacea, sponges, wild birds, and wild animals.

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(14) "Fish management area" means a pond, lake, or other

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water within a county, or within several counties, designated to

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improve fishing for public use, and established and specifically

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circumscribed for authorized management by the commission and

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the board of county commissioners of the county in which such

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waters lie, under agreement between the commission and an owner

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with approval by the board of county commissioners or under

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agreement with the board of county commissioners for use of

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public waters in the county in which such waters lie.

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(15) "Fish pond" means a body of water that does not occur

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naturally and that has been constructed and is maintained

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primarily for the purpose of fishing.

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(16)~~(13)~~ "Food fish" shall include mullet, trout, redfish,

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sheepshead, pompano, mackerel, bluefish, red snapper, grouper,

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black drum, jack crevalle, and all other fish generally used for

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human consumption.

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(17) "Fresh water," except where otherwise provided by

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law, means all lakes, rivers, canals, and other waterways of

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

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commingle to such an extent as to become unpalatable and unfit

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for human consumption because of the saline content, or to such

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point or points as may be fixed by order of the commission by

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and with the consent of the board of county commissioners of the

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county or counties to be affected by such order. The

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Steinhatchee River shall be considered fresh water from its

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source to mouth.

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(18) "Freshwater fish" means all classes of pisces that

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are indigenous to fresh water.

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(19) "Fur-bearing animals" means muskrat, mink, raccoon,

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otter, civet cat, skunk, red and gray fox, and opossum.

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(20) "Game" means deer, bear, squirrel, rabbits, and,

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where designated by commission rules, wild hogs, ducks, geese,

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

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pheasants, quail, and doves.

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(21)~~(14)~~ "Guide" shall include any person engaged in the

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business of guiding hunters or hunting parties, fishers or

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fishing parties, for compensation.

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(22)~~(15)~~ "Marine fish" means any saltwater species of

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finfish of the classes Agnatha, Chondrichthyes, and

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Osteichthyes, and marine invertebrates in the classes

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Gastropoda, Bivalvia, and Crustacea, or the phylum

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Echinodermata, but does not include nonliving shells or

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Echinoderms.

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(23)~~(16)~~ "Molest," in connection with any fishing trap or

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its buoy or buoy line, means to touch, bother, disturb, or

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interfere or tamper with, in any manner.

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(24)~~(17)~~ A "natural oyster or clam reef" or "bed" or "bar"

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shall be considered and defined as an area containing not less

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than 100 square yards of the bottom where oysters or clams are

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found in a stratum.

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(25) "Nongame" means all species and populations of

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indigenous wild vertebrates and invertebrates in the state that

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are not defined as game.

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(26)~~(18)~~ "Nonresident alien" shall mean those individuals

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from other nations who can provide documentation from the Bureau

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of Citizenship and Immigration Services evidencing permanent

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residency status in the United States. For the purposes of this

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chapter, a "nonresident alien" shall be considered a

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"nonresident."

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(27)~~(19)~~ "Open season" shall be that portion of the year

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wherein the laws of Florida for the preservation of fish and

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game permit the taking of particular species of game or

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varieties of fish.

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

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aside by a private individual or concern on which artificially

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propagated game or birds are taken.

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(29)~~(20)~~ "Reef bunch oysters" are oysters found growing on

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the bars or reefs in the open bay and exposed to the air between

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high and low tide.

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(30)~~(21)~~ "Resident" or "resident of Florida" means

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~~includes~~ :

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(a) Citizens of the United States who have continuously

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resided in this state, next preceding the making of their

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application for hunting, fishing, or other license, for ~~the~~

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~~following period of time, to wit: For 1 year in the state and~~ 6

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months ~~in the county when applied to all fish and game laws not~~

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~~related to freshwater fish and game~~; or

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

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stationed in this state.

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(31)~~(22)~~ "Resident alien" shall mean those persons who

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have continuously resided in this state for at least 1 year and

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6 months in the county and can provide documentation from the

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Bureau of Citizenship and Immigration Services evidencing

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permanent residency status in the United States. For the

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purposes of this chapter, a "resident alien" shall be considered

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a "resident."

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(32)~~(23)~~ "Restricted species" means any species of

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saltwater products which the state by law, or the Fish and

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Wildlife Conservation Commission by rule, has found it necessary

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to so designate. The term includes a species of saltwater

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products designated by the commission as restricted within a

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geographical area or during a particular time period of each

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year. Designation as a restricted species does not confer the

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authority to sell a species pursuant to s. 379.361 ~~370.06~~ if the

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law or rule prohibits the sale of the species.

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(33)~~(24)~~ "Salt water," except where otherwise provided by

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law, shall be all of the territorial waters of Florida excluding

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all lakes, rivers, canals, and other waterways of Florida from

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such point or points where the fresh and salt waters commingle

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to such an extent as to become unpalatable because of the saline

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content, or from such point or points as may be fixed for

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conservation purposes by the Department of Environmental

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Protection and the Fish and Wildlife Conservation Commission,

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with the consent and advice of the board of county commissioners

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of the county or counties to be affected.

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(34)~~(25)~~ "Saltwater fish" means:

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(a) Any saltwater species of finfish of the classes

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Agnatha, Chondrichthyes, or Osteichthyes and marine

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invertebrates of the classes Gastropoda, Bivalvia, or Crustacea,

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or of the phylum Echinodermata, but does not include nonliving

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shells or echinoderms; and

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(b) ~~Shall include~~ All classes of pisces, shellfish,

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sponges, and crustacea indigenous to salt water.

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(35)~~(26)~~ "Saltwater license privileges," except where

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otherwise provided by law, means any license, endorsement,

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certificate, or permit issued pursuant to this chapter.

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(36)~~(27)~~ "Saltwater products" means any species of

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saltwater fish, marine plant, or echinoderm, except shells, and

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salted, cured, canned, or smoked seafood.

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(37)~~(28)~~ "Shellfish" shall include oysters, clams, and

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whelks.

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(38) "Take" means taking, attempting to take, pursuing,

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hunting, molesting, capturing, or killing any wildlife or

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freshwater or saltwater fish, or their nests or eggs, by any

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means, whether or not such actions result in obtaining

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possession of such wildlife or freshwater or saltwater fish or

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their nests or eggs.

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(39)~~(29)~~ "Transport" shall include shipping, transporting,

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carrying, importing, exporting, receiving or delivering for

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shipment, transportation or carriage or export.

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Section 4. Section 372.01, Florida Statutes, is renumbered

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as section 379.102, Florida Statutes, to read:

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379.102 ~~372.01~~ Fish and Wildlife Conservation

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Commission.--

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(1) The Fish and Wildlife Conservation Commission shall

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consist of seven members who shall be appointed by the Governor,

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subject to confirmation by the Senate, for staggered terms of 5

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years.

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(2) Members so appointed shall annually select one of

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their members as chair. Such chair may be removed at any time

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for sufficient cause, by the affirmative vote of the majority of

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the members of the commission. In case the said office of chair

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becomes vacant by removal or otherwise, the same may be filled

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for the unexpired term at any time by the commission from its

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members.

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(3) Commission members shall receive no compensation for

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their services as such, but shall be reimbursed for travel

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expenses as provided in s. 112.061.

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Section 5. Section 372.021, Florida Statutes, is

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renumbered as section 379.1025, Florida Statutes, to read:

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379.1025 ~~372.021~~ Powers, duties, and authority of

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commission; rules, regulations, and orders.--The Fish and

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Wildlife Conservation Commission may exercise the powers,

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duties, and authority granted by s. 9, Art. IV of the

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Constitution of Florida, and as otherwise authorized by the

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Legislature by the adoption of rules, regulations, and orders in

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accordance with chapter 120.

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Section 6. Section 372.03, Florida Statutes, is renumbered

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as section 379.104, Florida Statutes, to read:

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379.10255 ~~372.03~~ Headquarters of commission.--The Fish and

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Wildlife Conservation Commission is located at the state

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capital, and, when suitable adequate office space cannot be

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provided in the State Capitol Building, or other buildings owned

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by the state, the commission may rent or lease suitable office

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space in Tallahassee. Said commission may also rent or lease

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suitable and adequate space in other cities and towns of the

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state for branch or division offices and headquarters and

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storerooms for equipment and supplies, as the business of the

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commission may require or necessitate, payment for said rented

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or leased premises to be made from the State Game Trust Fund.

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Section 7. Section 372.05, Florida Statutes, is renumbered

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as section 379.103, Florida Statutes, to read:

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379.103 ~~372.05~~ Duties of executive director.--The

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executive director of the Fish and Wildlife Conservation

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Commission shall:

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(1) Keep full and correct minutes of the proceedings of

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said commission at its meetings, which minutes shall be open for

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public inspection.

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(2) Purchase such supplies and employ such help and

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assistants as may be reasonably necessary in the performance of

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the executive director's duties.

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(3) Have full authority to represent the commission in its

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dealings with other state departments, county commissioners, and

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the federal government.

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(4) Appoint, fix salaries of, and at pleasure remove,

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subject to the approval of the commission, assistants and other

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employees who shall have such powers and duties as may be

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assigned to them by the commission or executive director.

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(5) Have such other powers and duties as may be prescribed

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by the commission in pursuance of its duties under s. 9, Art. IV

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of the State Constitution.

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Section 8. Section 372.002, Florida Statutes, is

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renumbered as section 379.104, Florida Statutes, to read:

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379.104 ~~372.002~~ Right to hunt and fish.--The Legislature

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recognizes that hunting, fishing, and the taking of game are a

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valued part of the cultural heritage of Florida and should be

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forever preserved for Floridians. The Legislature further

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recognizes that these activities play an important part in the

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state's economy and in the conservation, preservation, and

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management of the state's natural areas and resources.

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Therefore, the Legislature intends that the citizens of Florida

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have a right to hunt, fish, and take game, subject to the

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regulations and restrictions prescribed by general law and by s.

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9, Art. IV of the State Constitution.

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Section 9. Section 372.705, Florida Statutes, is

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renumbered as section 379.105, Florida Statutes, and amended to

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read:

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379.105 ~~372.705~~ Harassment of hunters, trappers, or

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fishers.--

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(1) A person may not intentionally, within a publicly or

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privately owned wildlife management or fish management area or

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on any state-owned water body:

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(a) Interfere with or attempt to prevent the lawful taking

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of fish, game, or nongame animals by another.

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(b) Attempt to disturb fish, game, or nongame animals or

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attempt to affect their behavior with the intent to prevent

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their lawful taking by another.

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(2) Any person who violates this section commits a Level

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Two violation under s. 379.401 ~~372.83~~.

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Section 10. Section 370.023, Florida Statutes, is

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renumbered as section 379.106, Florida Statutes, to read:

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379.106 ~~370.023~~ Administration of commission grant

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programs.--

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(1) The Fish and Wildlife Conservation Commission is

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authorized to establish grant programs that are consistent with

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statutory authority and legislative appropriations. The

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commission is further authorized to receive funds from any legal

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source for purposes of matching state dollars or for passing

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through the agency as grants to other entities whether or not

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matching funds or in-kind matches are required.

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(2) For any grant program established by the commission,

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the commission shall adopt rules, pursuant to the requirements

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of chapter 120, for each grant program which shall include, but

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are not limited to: the method or methods of payment; the

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supporting documents required before payment will be made; when

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matching funds or in-kind matches are allowed; what moneys,

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services, or other sources and amounts of matching funds or in-

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kind matches will be eligible for use for matching the grant by

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the commission; who is eligible to participate in the program;

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and other provisions that the commission finds necessary to

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achieve program objectives and an accounting for state funds in

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accordance with law and generally accepted accounting

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principles.

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(3) The commission is authorized to preaudit or postaudit

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account books and other documentation of a grant recipient to

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assure that grant funds have been used in accordance with the

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terms of the grant and state rules and statutes. When such audit

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reveals that moneys have not been spent in accordance with grant

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requirements, the commission may withhold moneys or recover

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moneys previously paid. A grant recipient will be allowed a

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maximum of 60 days to submit any additional pertinent

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documentation to offset the amount identified as being due the

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commission.

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Section 11. Section 372.101, Florida Statutes, is

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renumbered as section 379.201, Florida Statutes, to read:

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379.201 ~~372.101~~ Administrative Trust Fund.--

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(1) The Administrative Trust Fund is created within the

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Fish and Wildlife Conservation Commission.

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(2) The fund is established for use as a depository for

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funds to be used for management activities that are

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commissionwide in nature and funded by indirect cost earnings or

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assessments against trust funds. Moneys to be credited to the

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trust fund include indirect cost reimbursements from grantors,

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administrative assessments against trust funds, interest

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earnings, and other appropriate administrative fees.

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(3) In accordance with s. 19(f)(2), Art. III of the State

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Constitution, the Administrative Trust Fund shall, unless

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terminated sooner, be terminated on July 1, 2009. Before its

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scheduled termination, the trust fund shall be reviewed as

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provided in s. 215.3206(1) and (2).

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Section 12. Section 372.127, Florida Statutes, is

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renumbered as section 379.202, Florida Statutes, to read:

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379.202 ~~372.127~~ Conservation and Recreation Lands Program

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Trust Fund of the Fish and Wildlife Conservation Commission.--

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(1) There is created a Conservation and Recreation Lands

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Program Trust Fund within the Fish and Wildlife Conservation

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Commission. The purpose of the trust fund is to provide for the

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management of conservation and recreation lands by the

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commission. Funds may be appropriated to the trust fund from the

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Conservation and Recreation Lands Trust Fund in the Department

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of Environmental Protection, as created by s. 259.032(2), or

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from such other sources as the Legislature may determine.

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(2) Notwithstanding the provisions of s. 216.301 and

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pursuant to s. 216.351, any balance in the trust fund at the end

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of any fiscal year shall remain in the trust fund at the end of

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the year and shall be available for carrying out the purposes of

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the trust fund.

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Section 13. Section 372.106, Florida Statutes, is

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renumbered as section 379.203, Florida Statutes, and amended to

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read:

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379.203 ~~372.106~~ Dedicated License Trust Fund.--

474

(1) There is established within the Fish and Wildlife

475

Conservation Commission the Dedicated License Trust Fund. The

476

fund shall be credited with moneys collected pursuant to s.

477

379.354 ~~372.57~~ for 5-year licenses and permits and replacement

478

5-year licenses.

479

(2)(a) One-fifth of the total proceeds from the sale of 5-

480

year hunting and freshwater fishing licenses, permits, and

481

replacement licenses, and all interest derived therefrom, shall

482

be appropriated annually to the State Game Trust Fund.

483

(b) One-fifth of the total proceeds from the sale of 5-

484

year saltwater fishing licenses, permits, and replacement

485

licenses, and all interest derived therefrom, shall be

486

appropriated annually to the Marine Resources Conservation Trust

487

Fund.

488

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

489

215.20.

490

Section 14. Section 372.102, Florida Statutes, is

491

renumbered as section 379.204, Florida Statutes, to read:

492

379.204 ~~372.102~~ Federal Grants Trust Fund.--

493

(1) The Federal Grants Trust Fund is created within the

494

Fish and Wildlife Conservation Commission.

495

(2) The fund is established for use as a depository for

496

funds to be used for allowable grant activities funded by

497

restricted program revenues. Moneys to be credited to the trust

498

fund shall consist of grants and funding from the Federal

499

Government, interest earnings, and cash advances from other

500

trust funds.

501

(3) In accordance with s. 19(f)(2), Art. III of the State

502

Constitution, the Federal Grants Trust Fund shall, unless

503

terminated sooner, be terminated on July 1, 2009. Before its

504

scheduled termination, the trust fund shall be reviewed as

505

provided in s. 215.3206(1) and (2).

506

Section 15. Section 372.672, Florida Statutes, is

507

renumbered as section 379.205, Florida Statutes, to read:

508

379.205 ~~372.672~~ Florida Panther Research and Management

509

Trust Fund.--

510

(1) There is established within the Fish and Wildlife

511

Conservation Commission the Florida Panther Research and

512

Management Trust Fund to be used exclusively for the purposes of

513

this section.

514

(2) Money from the fund shall be spent only for the

515

following purposes:

516

(a) To manage and protect existing Florida panther

517

populations by increasing panther food sources where food is a

518

limiting factor, determining conflicts between public use and

519

panther survival, maintaining sufficient genetic variability in

520

existing populations, and undertaking management and enforcement

521

activities that protect panther habitat.

522

(b) To educate the public concerning the value of the

523

panther and the necessity for panther management.

524

525

habitat, where feasible, by assessing the necessity of a captive

526

breeding program for purposes of reintroduction of the panthers

527

into the suitable habitat; selecting potential sites for

528

reintroduction and investigating associated human sociological

529

aspects; and assessing the potential for panther habitat

530

acquisition.

531

(d) To promote and market the Florida panther license

532

plate authorized under s. 320.08058.

533

(3) The Fish and Wildlife Conservation Commission is

534

authorized to receive donations for deposit into the Florida

535

Panther Research and Management Trust Fund.

536

Section 16. Section 372.103, Florida Statutes, is

537

renumbered as section 379.206, Florida Statutes, to read:

538

379.206 ~~372.103~~ Grants and Donations Trust Fund.--

539

(1) The Grants and Donations Trust Fund is created within

540

the Fish and Wildlife Conservation Commission.

541

(2) The fund is established for use as a depository for

542

funds to be used for allowable grant and donor agreement

543

activities funded by restricted contractual revenue. Moneys to

544

be credited to the trust fund shall consist of grants and

545

donations from private and public nonfederal sources, interest

546

earnings, and cash advances from other trust funds.

547

(3) In accordance with s. 19(f)(2), Art. III of the State

548

Constitution, the Grants and Donations Trust Fund shall, unless

549

terminated sooner, be terminated on July 1, 2009. Before its

550

scheduled termination, the trust fund shall be reviewed as

551

provided in s. 215.3206(1) and (2).

552

Section 17. Section 372.105, Florida Statutes, is

553

renumbered as section 379.207, Florida Statutes, and amended to

554

read:

555

379.207 ~~372.105~~ Lifetime Fish and Wildlife Trust Fund.--

556

(1) There is established within the Fish and Wildlife

557

Conservation Commission the Lifetime Fish and Wildlife Trust

558

Fund to be used for the purpose of supporting fish and wildlife

559

conservation programs of the state in accordance with this

560

section.

561

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

562

following:

563

(a) Proceeds of any gifts, grants, and contributions to

564

the state which are specifically designated for inclusion in the

565

fund.

566

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

567

accordance with s. 379.354 ~~372.57~~.

568

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

569

derived from a contractual relationship between the state and

570

the members of the public whose investments contribute to the

571

fund. In recognition of such special trust, the following

572

limitations and restrictions are placed on expenditures from the

573

funds:

574

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

575

principal of the fund.

576

(b) The interest income received and accruing from the

577

investments of proceeds from the sale of lifetime freshwater

578

fishing licenses and lifetime hunting licenses shall be spent in

579

furtherance of the commission's management, protection, and

580

conservation of wild animal life and freshwater aquatic life as

581

set forth in s. 9, Art. IV of the State Constitution and this

582

chapter and as otherwise authorized by the Legislature.

583

584

investments of proceeds from the sale of lifetime saltwater

585

fishing licenses shall be expended for marine law enforcement,

586

marine research, and marine fishery enhancement.

587

(d) No expenditures or disbursements from the interest

588

income derived from the sale of lifetime licenses shall be made

589

for any purpose until the respective holders of such licenses

590

attain the age of 16 years. The Fish and Wildlife Conservation

591

Commission as administrator of the fund shall determine

592

actuarially on an annual basis the amounts of interest income

593

within the fund which may be disbursed pursuant to this

594

paragraph. The director shall cause deposits of proceeds from

595

the sale of lifetime licenses to be identifiable by the ages of

596

the license recipients.

597

(e) Any limitations or restrictions specified by the

598

donors on the uses of the interest income derived from gifts,

599

grants, and voluntary contributions shall be respected but shall

600

not be binding.

601

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

602

215.20.

603

(4) In the event of a future dissolution or reorganization

604

of the Fish and Wildlife Conservation Commission, any state

605

agency which succeeds the commission or assumes its

606

constitutional or statutory responsibilities shall, through its

607

agency head acting ex officio, assume the trusteeship of the

608

fund and shall be bound by all the limitations and restrictions

609

placed by this section on expenditures from the fund. No repeal

610

or modification of this chapter or s. 9, Art. IV of the State

611

Constitution shall alter the fundamental purposes to which the

612

fund may be applied. No dissolution or reorganization of the

613

Fish and Wildlife Conservation Commission shall invalidate any

614

lifetime license issued in accordance with this section.

615

Section 18. Section 370.0603, Florida Statutes, is

616

renumbered as section 379.208, Florida Statutes, and amended to

617

read:

618

379.208 ~~370.0603~~ Marine Resources Conservation Trust Fund;

619

purposes.--

620

(1) The Marine Resources Conservation Trust Fund within

621

the Fish and Wildlife Conservation Commission shall serve as a

622

broad-based depository for funds from various marine-related and

623

boating-related activities and shall be administered by the

624

commission for the purposes of:

625

(a) Funding for marine research.

626

(b) Funding for fishery enhancement, including, but not

627

limited to, fishery statistics development, artificial reefs,

628

and fish hatcheries.

629

630

(d) Funding for administration of licensing programs for

631

recreational fishing, saltwater products sales, and related

632

information and education activities.

633

(e) Funding for the operations of the Fish and Wildlife

634

Conservation Commission.

635

(f) Funding for titling and registration of vessels.

636

(g) Funding for marine turtle protection, research, and

637

recovery activities from revenues that are specifically credited

638

to the trust fund for these purposes.

639

(h) Funding activities for rehabilitation of oyster

640

harvesting areas from which special oyster surcharge fees are

641

collected, including relaying and transplanting live oysters.

642

(i) Funding for boating research, boating-related programs

643

and activities, and for law enforcement on state waters.

644

(j) Funding for the stone crab trap reduction program

645

under s. 379.365 ~~370.13~~, the blue crab effort management program

646

under s. 379.366 ~~370.135~~, the spiny lobster trap certificate

647

program under s. 379.3671 ~~370.142~~, and the trap retrieval

648

program under s. 379.2424 ~~370.143~~.

649

(2) The Marine Resources Conservation Trust Fund shall

650

receive the proceeds from:

651

(a) All license fees collected pursuant to ss. 379.361 and

652

379.362 ~~370.06 and 370.07~~.

653

(b) All funds collected from the registration of vessels

654

and other fees pursuant to s. 328.72.

655

656

379.357, 379.365, 379.3671, and 379.366 ~~370.063, 370.13,~~

657

~~370.135, 370.142, 370.143, and 372.5704~~.

658

(d) All fines and penalties under ss. 379.365, 379.366

659

379.3671, and 379.407 ~~370.021, 370.13, 370.135, and 370.142~~.

660

(e) Other revenues as provided by law.

661

(3) Funds provided to the Marine Resources Conservation

662

Trust Fund from taxes distributed under s. 201.15(11) shall be

663

used for the following purposes:

664

(a) To reimburse the cost of activities authorized

665

pursuant to the Fish and Wildlife Service of the United States

666

Department of the Interior. Such facilities must be involved in

667

the actual rescue and full-time acute care veterinarian-based

668

rehabilitation of manatees. The cost of activities includes, but

669

is not limited to, costs associated with expansion, capital

670

outlay, repair, maintenance, and operation related to the

671

rescue, treatment, stabilization, maintenance, release, and

672

monitoring of manatees. Moneys distributed through the

673

contractual agreement to each facility for manatee

674

rehabilitation must be proportionate to the number of manatees

675

under acute care rehabilitation; the number of maintenance days

676

medically necessary in the facility; and the number released

677

during the previous fiscal year. The commission may set a cap on

678

the total amount reimbursed per manatee per year.

679

(b) For training on the care, treatment, and

680

rehabilitation of marine mammals at the Whitney Laboratory and

681

the College of Veterinary Medicine at the University of Florida.

682

683

(d) Funds not distributed in any 1 fiscal year must be

684

carried over for distribution in subsequent years.

685

(4) Funds transferred to the Marine Resources Conservation

686

Trust Fund from the Fuel Tax Collection Trust Fund pursuant to

687

s. 206.606 shall be used for the following purposes:

688

(a) To provide additional water-related law enforcement

689

positions within the Fish and Wildlife Conservation Commission

690

primarily for the purpose of enforcing laws designed to protect

691

manatee populations. Law enforcement positions funded under this

692

provision shall be assigned to counties having the highest

693

incidence of manatee deaths and injuries.

694

(b) For the placement of uniform waterway markers on state

695

waters.

696

697

publicly owned boat ramps, piers, and docks, directly and

698

through grants to counties and municipalities.

699

(d) To implement and administer programs related to

700

boating safety and education, manatee technical avoidance

701

technology, and economic development initiatives to promote

702

boating in the state, including competitive grants programs as

703

provided in s. 327.47.

704

(e) For other activities of the Boating and Waterways

705

Section such as coordinating the submission of state comments on

706

boating-related events.

707

708

Funds not used in one fiscal year must be carried over for use

709

in subsequent years.

710

Section 19. Section 372.991, Florida Statutes, is

711

renumbered as section 379.209, Florida Statutes, to read:

712

379.209 ~~372.991~~ Nongame Wildlife Trust Fund.--

713

(1) The Legislature recognizes the value of maintaining

714

ecologically healthy and stable populations of a wide diversity

715

of fish and wildlife species and recognizes the need for

716

monitoring, research, management, and public awareness of all

717

wildlife species in order to guarantee that self-sustaining

718

populations be conserved. The Legislature further recognizes

719

that research and management for game species traditionally have

720

been supported by licenses and fees collected by the Fish and

721

Wildlife Conservation Commission for consumptive uses of

722

wildlife and that no such support mechanism is available for

723

species not commonly pursued for sport or profit. It is the

724

intent of the Legislature that the funds provided herein be

725

spent to identify and meet the needs of nongame wildlife as a

726

first priority with the ultimate goal of establishing an

727

integrated approach to the management and conservation of all

728

native fish, wildlife, and plants.

729

(2)(a) There is established within the Fish and Wildlife

730

Conservation Commission the Nongame Wildlife Trust Fund. The

731

fund shall be credited with moneys collected pursuant to ss.

732

319.32(3) and 320.02(8). Additional funds may be provided from

733

legislative appropriations and by donations from interested

734

individuals and organizations. The commission shall designate an

735

identifiable unit to administer the trust fund.

736

(b) Proceeds from the trust fund shall be used for the

737

following purposes:

738

1. Documentation of population trends of nongame wildlife

739

and assessment of wildlife habitat, in coordination with the

740

database of Florida natural areas inventory.

741

2. Establishment of effective conservation, management,

742

and regulatory programs for nongame wildlife of the state.

743

3. Public education programs.

744

(3) The commission may enter into cooperative agreements

745

or memoranda of understanding with related agencies to

746

coordinate nongame programs.

747

Section 20. Section 372.09, Florida Statutes, is

748

renumbered as section 379.211, Florida Statutes, to read:

749

379.211 ~~372.09~~ State Game Trust Fund.--The funds resulting

750

from the operation of the commission and from the administration

751

of the laws and regulations pertaining to birds, game, fur-

752

bearing animals, freshwater fish, reptiles, and amphibians,

753

together with any other funds specifically provided for such

754

purposes shall constitute the State Game Trust Fund and shall be

755

used by the commission as it shall deem fit in carrying out the

756

provisions hereof and for no other purposes, except that annual

757

use fees deposited into the trust fund from the sale of the

758

Largemouth Bass license plate may be expended for the purposes

759

provided under s. 320.08058(18). The commission may not obligate

760

itself beyond the current resources of the State Game Trust Fund

761

unless specifically so authorized by the Legislature.

762

Section 21. Section 372.074, Florida Statutes, is

763

renumbered as section 379.212, Florida Statutes, to read:

764

379.212 ~~372.074~~ Fish and Wildlife Habitat Program.--

765

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

766

Conservation Commission the Fish and Wildlife Habitat Program

767

for the purpose of acquiring, assisting other agencies or local

768

governments in acquiring, or managing lands important to the

769

conservation of fish and wildlife.

770

(b) The Fish and Wildlife Conservation Commission or its

771

designee shall manage such lands for the primary purpose of

772

maintaining and enhancing their habitat value for fish and

773

wildlife. Other uses may be allowed that are not contrary to

774

this purpose.

775

776

in state ownership of land, title shall be vested in the Board

777

of Trustees of the Internal Improvement Trust Fund as required

778

in chapter 253. Land acquisition pursuant to this section shall

779

be voluntary, negotiated acquisition and, where title is to be

780

vested in the Board of Trustees of the Internal Improvement

781

Trust Fund, is subject to the acquisition procedures of s.

782

253.025.

783

(d) Acquisition costs shall include purchase prices and

784

costs and fees associated with title work, surveys, and

785

appraisals required to complete an acquisition.

786

(2) Moneys which may be deposited into the Land

787

Acquisition Trust Fund for the purposes of this section may

788

include, but not be limited to, donations, grants, development-

789

of-regional-impact wildlife mitigation contributions, or

790

legislative appropriations. Preservation 2000 acquisition moneys

791

and Conservation and Recreation Lands management moneys shall

792

not be deposited into this fund.

793

Section 22. Section 372.5701, Florida Statutes, is

794

renumbered as section 379.2201, Florida Statutes, and amended to

795

read:

796

379.2201 ~~372.5701~~ Deposit of license fees; allocation of

797

federal funds.--

798

(1) Except as provided in ss. 379.203 and 379.207 ~~372.105~~

799

~~and 372.106~~, all saltwater license and permit fees collected

800

pursuant to s. 379.354 ~~372.57~~ shall be deposited into the Marine

801

Resources Conservation Trust Fund, to be used as follows:

802

(a) Not more than 7.5 percent of the total fees collected

803

shall be used for administration of the licensing program and

804

for information and education.

805

(b) Not less than 30 percent of the total fees collected

806

shall be used for law enforcement.

807

808

shall be used for marine research and management.

809

(d) Not less than 30 percent of the total fees collected,

810

for fishery enhancement, including, but not limited to, fishery

811

statistics development, artificial reefs, and fish hatcheries.

812

(2) The proceeds from recreational saltwater fishing

813

license fees paid by fishers shall only be appropriated to the

814

commission.

815

(3) Funds available from the Wallop-Breaux Aquatic

816

Resources Trust Fund shall be distributed by the commission

817

between freshwater fisheries management and research and marine

818

fisheries management and research in proportion to the numbers

819

of resident fresh and saltwater anglers as determined by the

820

most current data on license sales. Unless otherwise provided by

821

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

822

following:

823

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

824

funds allocated to the commission shall be expended for an

825

aquatic resources education program; and

826

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

827

commission shall be expended for acquisition, development,

828

renovation, or improvement of boating facilities.

829

Section 23. Section 372.5702, Florida Statutes, is

830

renumbered as section 379.2202, Florida Statutes, and amended to

831

read:

832

379.2202 ~~372.5702~~ Expenditure of funds.--Any moneys

833

available pursuant to s. 379.2201(1)(c) ~~372.5701(1)(c)~~ may be

834

expended by the commission within Florida through grants and

835

contracts for research with research institutions including but

836

not limited to: Florida Sea Grant; Florida Marine Resources

837

Council; Harbour Branch Oceanographic Institute; Technological

838

Research and Development Authority; Fish and Wildlife Research

839

Institute of the Fish and Wildlife Conservation Commission; Mote

840

Marine Laboratory; Marine Resources Development Foundation;

841

Florida Institute of Oceanography; Rosentiel School of Marine

842

and Atmospheric Science; and Smithsonian Marine Station at Ft.

843

Pierce.

844

Section 24. Section 372.72, Florida Statutes, is

845

renumbered as section 379.2203, Florida Statutes, and amended to

846

read:

847

379.2203 ~~372.72~~ Disposition of fines, penalties, and

848

forfeitures.--

849

(1) All moneys collected from fines, penalties, proceeds

850

from unclaimed bonds, or forfeitures of bail of persons

851

convicted under this chapter shall be deposited in the fine and

852

forfeiture fund established pursuant to s. 142.01 where such

853

convictions are had, except for the disposition of moneys as

854

provided in subsection (2).

855

(2) All moneys collected from fines, penalties, or

856

forfeitures of bail of persons convicted of violations of rules,

857

regulations, or orders of the Fish and Wildlife Conservation

858

Commission concerning endangered or threatened species or of

859

violation of s. 379.3014, s. 379.409, or s. 379.4115 ~~s. 372.662,~~

860

~~s. 372.663, s. 372.667, or s. 372.671~~ shall be remitted by the

861

clerk of the court to the Department of Revenue to be deposited

862

in the Nongame Wildlife Trust Fund.

863

Section 25. Section 372.5712, Florida Statutes, is

864

renumbered as section 379.2211, Florida Statutes, and amended to

865

read:

866

379.2211 ~~372.5712~~ Florida waterfowl permit revenues.--

867

(1) The commission shall expend the revenues generated

868

from the sale of the Florida waterfowl permit as provided in s.

869

379.354(8)(a) ~~372.57(8)(a)~~ or that pro rata portion of any

870

license that includes waterfowl hunting privileges, as provided

871

in s. 379.354(4)(h), (i), and (j) and (9)(a)3. ~~372.57(4)(h),~~

872

~~(i), and (j) and (9)(a)3.~~ as follows: A maximum of 5 percent of

873

the gross revenues shall be expended for administrative costs; a

874

maximum of 25 percent of the gross revenues shall be expended

875

for waterfowl research approved by the commission; and a maximum

876

of 70 percent of the gross revenues shall be expended for

877

projects approved by the commission, in consultation with the

878

Waterfowl Advisory Council, for the purpose of protecting and

879

propagating migratory waterfowl and for the development,

880

restoration, maintenance, and preservation of wetlands within

881

the state.

882

(2) The intent of this section is to expand waterfowl

883

research and management and increase waterfowl populations in

884

the state without detracting from other programs. The commission

885

shall prepare an annual report documenting the use of funds

886

generated under the provisions of this section, to be submitted

887

to the Governor, the Speaker of the House of Representatives,

888

and the President of the Senate on or before September 1 of each

889

year.

890

Section 26. Section 372.5715, Florida Statutes, is

891

renumbered as section 379.2212, Florida Statutes, and amended to

892

read:

893

379.2212 ~~372.5715~~ Florida wild turkey permit revenues.--

894

(1) The commission shall expend the revenues generated

895

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

896

379.354(8)(b) ~~372.57(8)(b)~~ or that pro rata portion of any

897

license that includes turkey hunting privileges as provided for

898

in s. 379.354(4)(h), (i), and (j) ~~372.57(4)(h), (i), and (j)~~ for

899

research and management of wild turkeys.

900

(2) The intent of this section is to expand wild turkey

901

research and management and to increase wild turkey populations

902

in the state without detracting from other programs. The

903

commission shall prepare an annual report documenting the use of

904

funds generated under the provisions of this section, to be

905

submitted to the Governor, the Speaker of the House of

906

Representatives, and the President of the Senate on or before

907

September 1 of each year.

908

Section 27. Section 372.573, Florida Statutes, is

909

renumbered as section 379.2213, Florida Statutes, and amended to

910

read:

911

379.2213 ~~372.573~~ Management area permit revenues.--The

912

commission shall expend the revenue generated from the sale of

913

the management area permit as provided for in s. 379.354(8)(g)

914

~~372.57(8)(g)~~ or that pro rata portion of any license that

915

includes management area privileges as provided for in s.

916

379.354(4)(h), (i), and (j) ~~372.57(4)(h), (i), and (j)~~ for the

917

lease, management, and protection of lands for public hunting,

918

fishing, and other outdoor recreation.

919

Section 28. Section 372.12, Florida Statutes, is

920

renumbered as section 379.2222, Florida Statutes, to read:

921

379.2222 ~~372.12~~ Acquisition of state game lands.--The Fish

922

and Wildlife Conservation Commission, with the approval of the

923

Governor, may acquire, in the name of the state, lands and

924

waters suitable for the protection and propagation of game,

925

fish, nongame birds, or fur-bearing animals, or for hunting

926

purposes, game farms, by purchase, lease, gift or otherwise to

927

be known as state game lands. The said commission may erect such

928

buildings and fences as may be deemed necessary to properly

929

maintain and protect such lands, or for propagation of game,

930

nongame birds, freshwater fish, or fur-bearing animals. The

931

title of land acquired by purchase, lease, gift or otherwise,

932

shall be approved by the Department of Legal Affairs. The deed

933

to such lands shall be deposited as are deeds to other state

934

lands. No property acquired under this section shall be exempt

935

from state, county, or district taxation.

936

Section 29. Section 372.121, Florida Statutes, is

937

renumbered as section 379.2223, Florida Statutes, to read:

938

379.2223 ~~372.121~~ Control and management of state game

939

lands.--

940

(1) The Fish and Wildlife Conservation Commission is

941

authorized to make, adopt, promulgate, amend, repeal, and

942

enforce all reasonable rules and regulations necessary for the

943

protection, control, operation, management, or development of

944

lands or waters owned by, leased by, or otherwise assigned to,

945

the commission for fish or wildlife management purposes,

946

including but not being limited to the right of ingress and

947

egress. Before any such rule or regulation is adopted, other

948

than one relating to wild animal life, marine life, or

949

freshwater aquatic life, the commission shall obtain the consent

950

and agreement, in writing, of the owner, in the case of

951

privately owned lands or waters, or the owner or primary

952

custodian, in the case of public lands or waters.

953

(2) Any person violating or otherwise failing to comply

954

with any rule or regulation so adopted commits a misdemeanor of

955

the second degree, punishable as provided in s. 775.082 or s.

956

775.083.

957

Section 30. Section 372.19, Florida Statutes, is

958

renumbered as section 379.2224, Florida Statutes, to read:

959

379.2224 ~~372.19~~ Preserves, refuges, etc., not tax-

960

exempt.--No property acquired by purchase, lease, gift, contract

961

to purchase or lease, or otherwise, under the provisions of this

962

chapter, as state game lands, or any private lands used as game

963

refuges, shooting grounds, privileges, hatcheries or breeding

964

grounds for fish, game, birds or fur-bearing animals, except

965

state-owned lands being used for the protection of game, fish or

966

fur-bearing animals under the provisions of this chapter, shall

967

be exempt from state, county or district taxation. Any contract,

968

lease, gift or purchase of land for such purposes which attempts

969

to exempt or partially exempt such property from taxation shall

970

be null and void and of no effect.

971

Section 31. Section 372.025, Florida Statutes, is

972

renumbered as section 379.2225, Florida Statutes, to read:

973

379.2225 ~~372.025~~ Everglades recreational sites;

974

definitions.--

975

(1) PURPOSE.--It is the intent of the Legislature to

976

provide for the development and management of recreational sites

977

in the water conservation areas of the Florida Everglades when

978

such development:

979

(a) Can be accomplished without endangering the water

980

quality and quantity of supply and where environmental impact

981

will be minimal.

982

(b) Is located on the exterior fringes of the Everglades

983

to discourage extensive uncontrolled use of the interior

984

regions.

985

986

millions of Floridians living in urban areas.

987

(d) Offers recreational potential for nature trails, bird

988

study, picnic areas, boating, fishing, hunting, and target

989

shooting.

990

(e) Is located where proper management and law enforcement

991

can be provided.

992

(2) DEFINITIONS.--As used in this section:

993

(a) "Commission" means the Fish and Wildlife Conservation

994

Commission.

995

(b) "Indian reservations" means lands as designated by

996

chapter 285.

997

998

improvements to existing facilities or sites and also such new

999

selection and improvements as are needed for the various

1000

recreational activities as herein provided.

1001

(3) RECREATIONAL SITES.--The Fish and Wildlife

1002

Conservation Commission is directed to develop, manage, and

1003

enforce laws on certain recreational sites in the water

1004

conservation areas of the Everglades from funds to be

1005

appropriated by the Legislature.

1006

(4) No recreational site will be developed on any Indian

1007

reservations as created by chapter 285 without first obtaining

1008

written approval for such development from the Indians of the

1009

particular reservation lands affected.

1010

Section 32. Section 372.0215, Florida Statutes, is

1011

renumbered as section 379.223, Florida Statutes, to read:

1012

379.223 ~~372.0215~~ Citizen support organizations; use of

1013

state property; audit.--

1014

(1) The Fish and Wildlife Conservation Commission may

1015

authorize the establishment of citizen support organizations to

1016

provide assistance, funding, and promotional support for the

1017

programs of the commission. For purposes of this section, the

1018

term "citizen support organization" means an organization which:

1019

(a) Is a corporation not for profit incorporated pursuant

1020

to the provisions of chapter 617 and approved by the Department

1021

of State.

1022

(b) Is organized and operated to conduct programs and

1023

activities; raise funds; request and receive grants, gifts, and

1024

bequests of money; acquire, receive, hold, invest, and

1025

administer in its own name securities, funds, or real or

1026

personal property; and make expenditures for the benefit of the

1027

commission or an individual program unit of the commission;

1028

except that such organization may not receive funds from the

1029

commission or the Fish and Wildlife Research Institute by grant,

1030

gift, or contract unless specifically authorized by the

1031

Legislature.

1032

1033

consistent with the goals of the commission and the best

1034

interests of the state.

1035

(d) Is approved in writing by the commission to operate

1036

for the benefit of the commission. Such approval must be stated

1037

in a letter of agreement from the executive director of the

1038

commission.

1039

(2)(a) The Fish and Wildlife Conservation Commission may

1040

permit a citizen support organization to use commission

1041

property, facilities, and personnel free of charge. A citizen

1042

support organization may use commission property, facilities,

1043

and personnel if such use is consistent with the approved

1044

purpose of that citizen support organization and if such use

1045

does not unreasonably interfere with the general public's use of

1046

commission property, facilities, and personnel for established

1047

purposes.

1048

(b) The commission may prescribe conditions upon the use

1049

by a citizen support organization of commission property,

1050

facilities, or personnel.

1051

1052

facilities, or personnel of the state by a citizen support

1053

organization that does not provide equal membership and

1054

employment opportunities to all persons regardless of race,

1055

color, national origin, religion, sex, or age.

1056

(3) Each citizen support organization shall provide for an

1057

annual financial audit in accordance with s. 215.981. The

1058

identity of a donor or prospective donor to a citizen support

1059

organization who desires to remain anonymous and all information

1060

identifying such donor or prospective donor are confidential and

1061

exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I

1062

of the State Constitution. Such anonymity shall be maintained in

1063

the auditor's report.

1064

Section 33. Section 370.06091, Florida Statutes, is

1065

renumbered as section 379.224, Florida Statutes, to read:

1066

379.224 ~~370.06091~~ Memorandum of agreement relating to Fish

1067

and Wildlife Research Institute.--A memorandum of agreement will

1068

be developed between the Department of Environmental Protection

1069

and the Fish and Wildlife Conservation Commission which will

1070

detail the responsibilities of the Fish and Wildlife Research

1071

Institute to the department, to include, at a minimum, the

1072

following services:

1073

(1) Environmental monitoring and assessment.

1074

(2) Restoration research and development of restoration

1075

technology.

1076

(3) Technical support and response for oil spills, ship

1077

groundings, major marine species die-offs, hazardous spills, and

1078

natural disasters.

1079

Section 34. Section 370.103, Florida Statutes, is

1080

renumbered as section 379.2251, Florida Statutes, to read:

1081

379.2251 ~~370.103~~ Agreements with Federal Government for

1082

the preservation of saltwater fisheries; authority of

1083

commission.--The Fish and Wildlife Conservation Commission is

1084

authorized and empowered to enter into cooperative agreements

1085

with the Federal Government or agencies thereof for the purpose

1086

of preserving saltwater fisheries within and without state

1087

waters and for the purpose of protecting against overfishing,

1088

waste, depletion, or any abuse whatsoever. Such authority

1089

includes the authority to enter into cooperative agreements

1090

whereby officers of the Fish and Wildlife Conservation

1091

Commission are empowered to enforce federal statutes and rules

1092

pertaining to fisheries management. When differences between

1093

state and federal laws occur, state laws shall take precedence.

1094

Section 35. Section 370.18, Florida Statutes, is

1095

renumbered as section 379.2252, Florida Statutes, to read:

1096

379.2252 ~~370.18~~ Compacts and agreements; generally.--The

1097

Fish and Wildlife Conservation Commission may enter into

1098

agreements of reciprocity with the fish commissioners or other

1099

departments or other proper officials of other states, whereby

1100

the citizens of the state may be permitted to take or catch

1101

shrimp or prawn from the waters under the jurisdiction of such

1102

other states, upon similar agreements to allow such nonresidents

1103

or aliens to fish for or catch seafood products within the

1104

jurisdiction of the state regardless of residence.

1105

Section 36. Section 370.19, Florida Statutes, is

1106

renumbered as section 379.2253, Florida Statutes, to read:

1107

379.2253 ~~370.19~~ Atlantic States Marine Fisheries Compact;

1108

implementing legislation.--

1109

(1) FORM.--The Governor of this state is hereby authorized

1110

and directed to execute a compact on behalf of the State of

1111

Florida with any one or more of the States of Maine, New

1112

Hampshire, Massachusetts, Rhode Island, Connecticut, New York,

1113

New Jersey, Delaware, Maryland, Virginia, North Carolina, South

1114

Carolina, and Georgia, and with such other states as may enter

1115

into the compact, legally joining therein in the form

1116

substantially as follows:

1117

1118

ATLANTIC STATES MARINE FISHERIES

1119

COMPACT

1120

1121

The contracting states solemnly agree:

1122

1123

ARTICLE I

1124

1125

The purpose of this compact is to promote the better

1126

utilization of the fisheries, marine, shell, and anadromous, of

1127

the Atlantic seaboard by the development of a joint program for

1128

the promotion and protection of such fisheries, and by the

1129

prevention of the physical waste of the fisheries from any

1130

cause. It is not the purpose of this compact to authorize the

1131

states joining herein to limit the production of fish or fish

1132

products for the purpose of establishing or fixing the price

1133

thereof, or creating and perpetuating a monopoly.

1134

1135

ARTICLE II

1136

1137

This agreement shall become operative immediately as to

1138

those states executing it whenever any two or more of the States

1139

of Maine, New Hampshire, Massachusetts, Rhode Island,

1140

Connecticut, New York, New Jersey, Delaware, Maryland, Virginia,

1141

North Carolina, South Carolina, Georgia and Florida have

1142

executed it in the form that is in accordance with the laws of

1143

the executing state and the Congress has given its consent. Any

1144

state contiguous with any of the aforementioned states and

1145

riparian upon waters frequented by anadromous fish, flowing into

1146

waters under the jurisdiction of any of the aforementioned

1147

states, may become a party hereto as hereinafter provided.

1148

1149

ARTICLE III

1150

1151

Each state joining herein shall appoint three

1152

representatives to a commission hereby constituted and

1153

designated as the Atlantic States Marine Fisheries Commission.

1154

One shall be the executive officer of the administrative agency

1155

of such state charged with the conservation of the fisheries

1156

resources to which this compact pertains or, if there be more

1157

than one officer or agency, the official of that state named by

1158

the governor thereof. The second shall be a member of the

1159

legislature of such state designated by such legislature or, in

1160

the absence of such designation, such legislator shall be

1161

designated by the governor thereof, provided that if it is

1162

constitutionally impossible to appoint a legislator as a

1163

commissioner from such state, the second member shall be

1164

appointed in such manner as is established by law. The third

1165

shall be a citizen who shall have a knowledge of and interest in

1166

the marine fisheries problem to be appointed by the governor.

1167

This commission shall be a body corporate with the powers and

1168

duties set forth herein.

1169

1170

ARTICLE IV

1171

1172

The duty of the said commission shall be to make inquiry

1173

and ascertain from time to time such methods, practices,

1174

circumstances and conditions as may be disclosed for bringing

1175

about the conservation and the prevention of the depletion and

1176

physical waste of the fisheries, marine, shell and anadromous,

1177

of the Atlantic seaboard. The commission shall have power to

1178

recommend the coordination of the exercise of the police powers

1179

of the several states within their respective jurisdictions to

1180

promote the preservation of those fisheries and their protection

1181

against overfishing, waste, depletion or any abuse whatsoever

1182

and to assure a continuing yield from the fisheries resources of

1183

the aforementioned states.

1184

To that end the commission shall draft and, after

1185

consultation with the advisory committee hereinafter authorized,

1186

recommend to the governors and legislatures of the various

1187

signatory states legislation dealing with the conservation of

1188

the marine, shell and anadromous fisheries of the Atlantic

1189

seaboard. The commission shall, more than one month prior to any

1190

regular meeting of the legislature in any signatory state,

1191

present to the governor of the state its recommendations

1192

relating to enactments to be made by the legislature of that

1193

state in furthering the intents and purposes of this compact.

1194

The commission shall consult with and advise the pertinent

1195

administrative agencies in the states party hereto with regard

1196

to problems connected with the fisheries and recommend the

1197

adoption of such regulations as it deems advisable.

1198

The commission shall have power to recommend to the states

1199

party hereto the stocking of the waters of such states with fish

1200

and fish eggs or joint stocking by some or all of the states

1201

party hereto and when two or more of the states shall jointly

1202

stock waters the commission shall act as the coordinating agency

1203

for such stocking.

1204

1205

ARTICLE V

1206

1207

The commission shall elect from its number a chair and a

1208

vice chair and shall appoint and at its pleasure remove or

1209

discharge such officers and employees as may be required to

1210

carry the provisions of this compact into effect and shall fix

1211

and determine their duties, qualifications and compensation.

1212

Said commission shall adopt rules and regulations for the

1213

conduct of its business. It may establish and maintain one or

1214

more offices for the transaction of its business and may meet at

1215

any time or place but must meet at least once a year.

1216

1217

ARTICLE VI

1218

1219

No action shall be taken by the commission in regard to its

1220

general affairs except by the affirmative vote of a majority of

1221

the whole number of compacting states present at any meeting. No

1222

recommendation shall be made by the commission in regard to any

1223

species of fish except by the affirmative vote of a majority of

1224

the compacting states which have an interest in such species.

1225

The commission shall define what shall be an interest.

1226

1227

ARTICLE VII

1228

1229

The Fish and Wildlife Service of the Department of the

1230

Interior of the Government of the United States shall act as the

1231

primary research agency of the Atlantic States Marine Fisheries

1232

Commission cooperating with the research agencies in each state

1233

for that purpose. Representatives of the said Fish and Wildlife

1234

Service shall attend the meetings of the commission.

1235

An advisory committee to be representative of the

1236

commercial fishers and the saltwater anglers and such other

1237

interests of each state as the commission deems advisable shall

1238

be established by the commission as soon as practicable for the

1239

purpose of advising the commission upon such recommendations as

1240

it may desire to make.

1241

1242

ARTICLE VIII

1243

1244

When any state other than those named specifically in

1245

Article II of this compact shall become a party thereto for the

1246

purpose of conserving its anadromous fish in accordance with the

1247

provisions of Article II the participation of such state in the

1248

action of the commission shall be limited to such species of

1249

anadromous fish.

1250

1251

ARTICLE IX

1252

1253

Nothing in this compact shall be construed to limit the

1254

powers of any signatory state or to repeal or prevent the

1255

enactment of any legislation or the enforcement of any

1256

requirement by any signatory state imposing additional

1257

conditions to conserve its fisheries.

1258

1259

ARTICLE X

1260

1261

Continued absence of representation or of any

1262

representative on the commission from any state party hereto

1263

shall be brought to the attention of the governor thereof.

1264

1265

ARTICLE XI

1266

1267

The states party hereto agree to make annual appropriations

1268

to the support of the commission in proportion to the primary

1269

market value of the products of their fisheries, exclusive of

1270

cod and haddock, as recorded in the most recent published

1271

reports of the Fish and Wildlife Service of the United States

1272

Department of the Interior, provided no state shall contribute

1273

less than $200 per annum and the annual contribution of each

1274

state above the minimum shall be figured to the nearest $100.

1275

The compacting states agree to appropriate initially the

1276

annual amounts scheduled below, which amounts are calculated in

1277

the manner set forth herein, on the basis of the catch record of

1278

1938. Subsequent budgets shall be recommended by a majority of

1279

the commission and the cost thereof allocated equitably among

1280

the states in accordance with their respective interests and

1281

submitted to the compacting states.

1282

1283

Schedule of Initial Annual

1284

State Contributions

1285

Maine..................................................$700

1286

New Hampshire...........................................200

1287

Massachusetts.........................................2,300

1288

Rhode Island............................................300

1289

Connecticut.............................................400

1290

New York..............................................1,300

1291

New Jersey..............................................800

1292

Delaware................................................200

1293

Maryland................................................700

1294

Virginia..............................................1,300

1295

North Carolina..........................................600

1296

South Carolina..........................................200

1297

Georgia.................................................200

1298

Florida...............................................1,500

1299

1300

ARTICLE XII

1301

1302

This compact shall continue in force and remain binding

1303

upon each compacting state until renounced by it. Renunciation

1304

of this compact must be preceded by sending 6 months' notice in

1305

writing of intention to withdraw from the compact to the other

1306

states party hereto.

1307

(2) COMMISSIONERS; APPOINTMENT AND REMOVAL.--In pursuance

1308

of Article III of said compact there shall be three members

1309

(hereinafter called commissioners) of the Atlantic States Marine

1310

Fisheries Commission (hereinafter called commission) from this

1311

state. The first commissioner from this state shall be the

1312

Executive Director of the Fish and Wildlife Conservation

1313

Commission, ex officio, and the term of any such ex officio

1314

commissioner shall terminate at the time he or she ceases to

1315

hold said office of Executive Director of the Fish and Wildlife

1316

Conservation Commission, and his or her successor as

1317

commissioner shall be his or her successor as executive

1318

director. The second commissioner from this state shall be a

1319

legislator appointed on a rotating basis by the President of the

1320

Senate or the Speaker of the House of Representatives, beginning

1321

with the appointment of a member of the Senate, and the term of

1322

any such commissioner shall terminate at the time he or she

1323

ceases to hold said legislative office. The Governor (subject to

1324

confirmation by the Senate), shall appoint a citizen as a third

1325

commissioner who shall have a knowledge of, and interest in, the

1326

marine fisheries problem. The term of said commissioner shall be

1327

3 years and the commissioner shall hold office until a successor

1328

shall be appointed and qualified. Vacancies occurring in the

1329

office of such commissioner from any reason or cause shall be

1330

filled by appointment by the Governor (subject to confirmation

1331

by the Senate), for the unexpired term. The Executive Director

1332

of the Fish and Wildlife Conservation Commission as ex officio

1333

commissioner may delegate, from time to time, to any deputy or

1334

other subordinate in his or her department or office, the power

1335

to be present and participate, including voting, as his or her

1336

representative or substitute at any meeting of or hearing by or

1337

other proceeding of the commission. The terms of each of the

1338

initial three members shall begin at the date of the appointment

1339

of the appointive commissioner, provided the said compact shall

1340

then have gone into effect in accordance with Article II of the

1341

compact; otherwise, they shall begin upon the date upon which

1342

said compact shall become effective in accordance with said

1343

Article II. Any commissioner may be removed from office by the

1344

Governor upon charges and after a hearing.

1345

(3) POWERS OF COMMISSION AND COMMISSIONERS.--There is

1346

hereby granted to the commission and the commissioners thereof

1347

all the powers provided for in the said compact and all the

1348

powers necessary or incidental to the carrying out of said

1349

compact in every particular. All officers of the State of

1350

Florida are hereby authorized and directed to do all things

1351

falling within their respective provinces and jurisdiction

1352

necessary or incidental to the carrying out of said compact in

1353

every particular; it being hereby declared to be the policy of

1354

the State of Florida to perform and carry out the said compact

1355

and to accomplish the purposes thereof. All officers, bureaus,

1356

departments and persons of and in the state government or

1357

administration of the State of Florida are hereby authorized and

1358

directed at convenient times and upon request of the said

1359

commission to furnish the said commission with information and

1360

data possessed by them or any of them and to aid said commission

1361

by loan of personnel or other means lying within their legal

1362

rights respectively.

1363

(4) POWERS OF COMMISSION SUPPLEMENTAL.--Any powers herein

1364

granted to the commission shall be regarded as in aid of and

1365

supplemental to and in no case a limitation upon any of the

1366

powers vested in said commission by other laws of the State of

1367

Florida or by the laws of the States of Maine, New Hampshire,

1368

Massachusetts, Connecticut, Rhode Island, New York, New Jersey,

1369

Delaware, Maryland, Virginia, North Carolina, South Carolina,

1370

Georgia and Florida or by the Congress or the terms of said

1371

compact.

1372

(5) ACCOUNTS TO BE KEPT BY COMMISSION; EXAMINATION.--

1373

(a) The commission shall keep accurate accounts of all

1374

receipts and disbursements and shall report to the Governor and

1375

the Legislature of the State of Florida on or before the 10th

1376

day of December in each year, setting forth in detail the

1377

transactions conducted by it during the 12 months preceding

1378

December 1 of that year and shall make recommendations for any

1379

legislative action deemed by it advisable, including amendments

1380

to the statutes of the State of Florida which may be necessary

1381

to carry out the intent and purposes of the compact between the

1382

signatory states.

1383

(b) The Department of Financial Services is authorized and

1384

empowered from time to time to examine the accounts and books of

1385

the commission, including its receipts, disbursements and such

1386

other items referring to its financial standing as such

1387

department deems proper and to report the results of such

1388

examination to the governor of such state.

1389

(6) APPROPRIATION FOR EXPENSES OF COMMISSION.--The sum of

1390

$600, annually, or so much thereof as may be necessary, is

1391

hereby appropriated out of any moneys in the State Treasury not

1392

otherwise appropriated, for the expenses of the commission

1393

created by the compact authorized by this law. The moneys hereby

1394

appropriated shall be paid out of the State Treasury on the

1395

audit and warrant of the Chief Financial Officer upon vouchers

1396

certified by the chair of the commission in the manner

1397

prescribed by law.

1398

Section 37. Section 370.20, Florida Statutes, is

1399

renumbered as section 379.2254, Florida Statutes, to read:

1400

379.2254 ~~370.20~~ Gulf States Marine Fisheries Compact;

1401

implementing legislation.--

1402

(1) FORM.--The Governor of this state is hereby authorized

1403

and directed to execute the compact on behalf of the State of

1404

Florida with any one or more of the States of Alabama,

1405

Mississippi, Louisiana and Texas, and with such other state as

1406

may enter into a compact, legal joining therein in the form

1407

substantially as follows:

1408

1409

GULF STATES MARINE FISHERIES

1410

COMPACT

1411

1412

The contracting states solemnly agree:

1413

1414

ARTICLE I

1415

1416

Whereas the gulf coast states have the proprietary interest

1417

in and jurisdiction over fisheries in the waters within their

1418

respective boundaries, it is the purpose of this compact to

1419

promote the better utilization of the fisheries, marine, shell

1420

and anadromous, of the seaboard of the Gulf of Mexico, by the

1421

development of a joint program for the promotion and protection

1422

of such fisheries and the prevention of the physical waste of

1423

the fisheries from any cause.

1424

1425

ARTICLE II

1426

1427

This compact shall become operative immediately as to those

1428

states ratifying it whenever any two or more of the States of

1429

Florida, Alabama, Mississippi, Louisiana and Texas have ratified

1430

it and the Congress has given its consent subject to article I,

1431

s. 10 of the Constitution of the United States. Any state

1432

contiguous to any of the aforementioned states or riparian upon

1433

waters which flow into waters under the jurisdiction of any of

1434

the aforementioned states and which are frequented by anadromous

1435

fish or marine species may become a party hereto as hereinafter

1436

provided.

1437

1438

ARTICLE III

1439

1440

Each state joining herein shall appoint three

1441

representatives to a commission hereby constituted and

1442

designated as the Gulf States Marine Fisheries Commission. One

1443

shall be the head of the administrative agency of such state

1444

charged with the conservation of the fishery resources to which

1445

this compact pertains or, if there be more than one officer or

1446

agency, the official of that state named by the governor

1447

thereof. The second shall be a member of the legislature of such

1448

state designated by such legislature or in the absence of such

1449

designation, such legislator shall be designated by the governor

1450

thereof, provided that if it is constitutionally impossible to

1451

appoint a legislator as a commissioner from such state, the

1452

second member shall be appointed in such manner as may be

1453

established by law. The third shall be a citizen who shall have

1454

a knowledge of and interest in the marine fisheries, to be

1455

appointed by the governor. This commission shall be a body

1456

corporate with the powers and duties set forth herein.

1457

1458

ARTICLE IV

1459

1460

The duty of the said commission shall be to make inquiry

1461

and ascertain from time to time such methods, practices,

1462

circumstances and conditions as may be disclosed for bringing

1463

about the conservation and the prevention of the depletion and

1464

physical waste of the fisheries, marine, shell and anadromous,

1465

of the gulf coast. The commission shall have power to recommend

1466

the coordination of the exercise of the police powers of the

1467

several states within their respective jurisdiction to promote

1468

the preservation of these fisheries and their protection against

1469

overfishing, waste, depletion or any abuse whatsoever and to

1470

assure a continuing yield from the fishery resources of the

1471

aforementioned states.

1472

To that end the commission shall draft and recommend to the

1473

governors and the legislatures of the various signatory states,

1474

legislation dealing with the conservation of the marine, shell

1475

and anadromous fisheries of the gulf seaboard. The commission

1476

shall from time to time present to the governor of each

1477

compacting state its recommendations relating to enactments to

1478

be presented to the legislature of the state in furthering the

1479

interest and purposes of this compact.

1480

The commission shall consult with and advise the pertinent

1481

administrative agencies in the states party hereto with regard

1482

to problems connected with the fisheries and recommend the

1483

adoption of such regulations as it deems advisable.

1484

The commission shall have power to recommend to the states

1485

party hereto the stocking of the waters of such states with fish

1486

and fish eggs or joint stocking by some or all of the states

1487

party hereto and when two or more states shall jointly stock

1488

waters the commission shall act as the coordinating agency for

1489

such stocking.

1490

1491

ARTICLE V

1492

1493

The commission shall elect from its number a chair and vice

1494

chair and shall appoint and at its pleasure remove or discharge

1495

such officers and employees as may be required to carry the

1496

provisions of this compact into effect and shall fix and

1497

determine their duties, qualifications and compensation. Said

1498

commission shall adopt rules and regulations for the conduct of

1499

its business. It may establish and maintain one or more offices

1500

for the transaction of its business and may meet at any time or

1501

place but must meet at least once a year.

1502

1503

ARTICLE VI

1504

1505

No action shall be taken by the commission in regard to its

1506

general affairs except by the affirmative vote of a majority of

1507

the whole number of compacting states. No recommendation shall

1508

be made by the commission in regard to any species of fish

1509

except by the affirmative vote of a majority of the compacting

1510

states which have an interest in such species. The commission

1511

shall define which shall be an interest.

1512

1513

ARTICLE VII

1514

1515

The Fish and Wildlife Service of the Department of the

1516

Interior of the Government of the United States shall act as the

1517

primary research agency of the Gulf States Marine Fisheries

1518

Commission cooperating with the research agencies in each state

1519

for that purpose. Representatives of the said fish and wildlife

1520

service shall attend the meetings of the commission. An advisory

1521

committee to be representative of the commercial salt water

1522

fishers and the salt water anglers and such other interests of

1523

each state as the commissioners deem advisable may be

1524

established by the commissioners from each state for the purpose

1525

of advising those commissioners upon such recommendations as it

1526

may desire to make.

1527

1528

ARTICLE VIII

1529

1530

When any state other than those named specifically in

1531

article II of this compact shall become a party hereto for the

1532

purpose of conserving its anadromous fish or marine species in

1533

accordance with the provisions of article II, the participation

1534

of such state in the action of the commission shall be limited

1535

to such species of fish.

1536

1537

ARTICLE IX

1538

1539

Nothing in this compact shall be construed to limit the

1540

powers or the proprietary interest of any signatory state or to

1541

repeal or prevent the enactment of any legislation or the

1542

enforcement of any requirement by a signatory state imposing

1543

additional conditions and restrictions to conserve its

1544

fisheries.

1545

1546

ARTICLE X

1547

1548

It is agreed that any two or more states party hereto may

1549

further amend this compact by acts of their respective

1550

legislatures subject to approval of Congress as provided in

1551

article I, s. 10, of the Constitution of the United States, to

1552

designate the Gulf States Marine Fisheries Commission as a joint

1553

regulating authority for the joint regulation of specific

1554

fisheries affecting only such states as shall be compact, and at

1555

their joint expense. The representatives of such states shall

1556

constitute a separate section of the Gulf States Marine

1557

Fisheries Commission for the exercise of the additional powers

1558

so granted but the creation of such section shall not be deemed

1559

to deprive the states so compacting of any of their privileges

1560

or powers in the Gulf States Marine Fisheries Commission as

1561

constituted under the other articles of this compact.

1562

1563

ARTICLE XI

1564

1565

Continued absence of representation or of any

1566

representative on the commission from any state party hereto

1567

shall be brought to the attention of the governor thereof.

1568

1569

ARTICLE XII

1570

1571

The operating expenses of the Gulf States Marine Fisheries

1572

Commission shall be borne by the states party hereto. Such

1573

initial appropriations as are set forth below shall be made

1574

available yearly until modified as hereinafter provided:

1575

Florida..............................................$3,500

1576

Alabama...............................................1,000

1577

Mississippi...........................................1,000

1578

Louisiana.............................................5,000

1579

Texas.................................................2,500

1580

Total...............................................$13,000

1581

1582

The proration and total cost per annum of $13,000, above-

1583

mentioned, is estimated only, for initial operations, and may be

1584

changed when found necessary by the commission and approved by

1585

the legislatures of the respective states. Each state party

1586

hereto agrees to provide in the manner most acceptable to it,

1587

the travel costs and necessary expenses of its commissioners and

1588

other representatives to and from meetings of the commission or

1589

its duly constituted sections or committees.

1590

1591

ARTICLE XIII

1592

1593

This compact shall continue in force and remain binding

1594

upon each compacting state until renounced by act of the

1595

legislature of such state, in such form as it may choose;

1596

provided that such renunciation shall not become effective until

1597

6 months after the effective date of the action taken by the

1598

legislature. Notice of such renunciation shall be given to the

1599

other states party hereto by the secretary of state of the

1600

compacting state so renouncing upon passage of the act.

1601

(2) MEMBERS OF COMMISSION; TERM OF OFFICE.--In pursuance

1602

of article III of said compact, there shall be three members

1603

(hereinafter called commissioners) of the Gulf States Marine

1604

Fisheries Commission (hereafter called commission) from the

1605

State of Florida. The first commissioner from the State of

1606

Florida shall be the Executive Director of the Fish and Wildlife

1607

Conservation Commission, ex officio, and the term of any such ex

1608

officio commissioner shall terminate at the time he or she

1609

ceases to hold said office of Executive Director of the Fish and

1610

Wildlife Conservation Commission, and his or her successor as

1611

commissioner shall be his or her successor as executive

1612

director. The second commissioner from the State of Florida

1613

shall be a legislator appointed on a rotating basis by the

1614

President of the Senate or the Speaker of the House of

1615

Representatives, beginning with the appointment of a member of

1616

the House of Representatives, and the term of any such

1617

commissioner shall terminate at the time he or she ceases to

1618

hold said legislative office. The Governor (subject to

1619

confirmation by the Senate) shall appoint a citizen as a third

1620

commissioner who shall have a knowledge of and interest in the

1621

marine fisheries problem. The term of said commissioner shall be

1622

3 years and the commissioner shall hold office until a successor

1623

shall be appointed and qualified. Vacancies occurring in the

1624

office of such commissioner from any reason or cause shall be

1625

filled by appointment by the Governor (subject to confirmation

1626

by the Senate) for the unexpired term. The Executive Director of

1627

the Fish and Wildlife Conservation Commission, as ex officio

1628

commissioner, may delegate, from time to time, to any deputy or

1629

other subordinate in his or her department or office, the power

1630

to be present and participate, including voting, as his or her

1631

representative or substitute at any meeting of or hearing by or

1632

other proceeding of the commission. The terms of each of the

1633

initial three members shall begin at the date of the appointment

1634

of the appointive commissioner, provided the said compact shall

1635

then have gone into effect in accordance with article II of the

1636

compact; otherwise they shall begin upon the date upon which

1637

said compact shall become effective in accordance with said

1638

article II.

1639

Any commissioner may be removed from office by the Governor

1640

upon charges and after a hearing.

1641

(3) COMMISSION; POWERS.--There is hereby granted to the

1642

commission and the commissioners thereof all the powers provided

1643

for in the said compact and all the powers necessary or

1644

incidental to the carrying out of said compact in every

1645

particular. All officers of the State of Florida are hereby

1646

authorized and directed to do all things falling within their

1647

respective provinces and jurisdiction necessary or incidental to

1648

the carrying out of said compact in every particular; it being

1649

hereby declared to be the policy of the State of Florida to

1650

perform and carry out the said compact and to accomplish the

1651

purposes thereof. All officers, bureaus, departments and persons

1652

of and in the state government or administration of the State of

1653

Florida are hereby authorized and directed at convenient times

1654

and upon request of the said commission to furnish the said

1655

commission with information and data possessed by them or any of

1656

them and to aid said commission by loan of personnel or other

1657

means lying within their legal rights respectively.

1658

(4) POWERS OF COMMISSION SUPPLEMENTAL.--Any powers herein

1659

granted to the commissioner shall be regarded as in aid of and

1660

supplemental to and in no case a limitation upon any of the

1661

powers vested in said commission by other laws of the State of

1662

Florida or by the laws of the States of Alabama, Mississippi,

1663

Louisiana, Texas and Florida or by the Congress or the terms of

1664

said compact.

1665

(5) ACCOUNTS TO BE KEPT BY COMMISSION; EXAMINATION.--The

1666

commission shall keep accurate accounts of all receipts and

1667

disbursements and shall report to the Governor and the

1668

Legislature of the State of Florida on or before the 10th day of

1669

December in each year, setting forth in detail the transactions

1670

conducted by it during the 12 months preceding December 1 of

1671

that year and shall make recommendations for any legislative

1672

action deemed by it advisable, including amendments to the

1673

statutes of the State of Florida which may be necessary to carry

1674

out the intent and purposes of the compact between the signatory

1675

states.

1676

The Department of Financial Services is authorized and

1677

empowered from time to time to examine the accounts and books of

1678

the commission, including its receipts, disbursements and such

1679

other items referring to its financial standing as such

1680

department deems proper and to report the results of such

1681

examination to the governor of such state.

1682

Section 38. Section 372.831, Florida Statutes, is

1683

renumbered as section 379.2255, Florida Statutes, and amended to

1684

read:

1685

379.2255 ~~372.831~~ Wildlife Violator Compact Act.--The

1686

Wildlife Violator Compact is created and entered into with all

1687

other jurisdictions legally joining therein in the form

1688

substantially as follows:

1689

1690

ARTICLE I

1691

Findings and Purpose

1692

1693

(1) The participating states find that:

1694

(a) Wildlife resources are managed in trust by the

1695

respective states for the benefit of all residents and visitors.

1696

(b) The protection of the wildlife resources of a state is

1697

materially affected by the degree of compliance with state

1698

statutes, laws, regulations, ordinances, and administrative

1699

rules relating to the management of such resources.

1700

1701

restoration of wildlife contributes immeasurably to the

1702

aesthetic, recreational, and economic aspects of such natural

1703

resources.

1704

(d) Wildlife resources are valuable without regard to

1705

political boundaries; therefore, every person should be required

1706

to comply with wildlife preservation, protection, management,

1707

and restoration laws, ordinances, and administrative rules and

1708

regulations of the participating states as a condition precedent

1709

to the continuance or issuance of any license to hunt, fish,

1710

trap, or possess wildlife.

1711

(e) Violation of wildlife laws interferes with the

1712

management of wildlife resources and may endanger the safety of

1713

persons and property.

1714

(f) The mobility of many wildlife law violators

1715

necessitates the maintenance of channels of communication among

1716

the various states.

1717

(g) In most instances, a person who is cited for a

1718

wildlife violation in a state other than his or her home state

1719

is:

1720

1. Required to post collateral or a bond to secure

1721

appearance for a trial at a later date;

1722

2. Taken into custody until the collateral or bond is

1723

posted; or

1724

3. Taken directly to court for an immediate appearance.

1725

(h) The purpose of the enforcement practices set forth in

1726

paragraph (g) is to ensure compliance with the terms of a

1727

wildlife citation by the cited person who, if permitted to

1728

continue on his or her way after receiving the citation, could

1729

return to his or her home state and disregard his or her duty

1730

under the terms of the citation.

1731

(i) In most instances, a person receiving a wildlife

1732

citation in his or her home state is permitted to accept the

1733

citation from the officer at the scene of the violation and

1734

immediately continue on his or her way after agreeing or being

1735

instructed to comply with the terms of the citation.

1736

(j) The practices described in paragraph (g) cause

1737

unnecessary inconvenience and, at times, a hardship for the

1738

person who is unable at the time to post collateral, furnish a

1739

bond, stand trial, or pay a fine, and thus is compelled to

1740

remain in custody until some alternative arrangement is made.

1741

(k) The enforcement practices described in paragraph (g)

1742

consume an undue amount of time of law enforcement agencies.

1743

(2) It is the policy of the participating states to:

1744

(a) Promote compliance with the statutes, laws,

1745

ordinances, regulations, and administrative rules relating to

1746

the management of wildlife resources in their respective states.

1747

(b) Recognize a suspension of the wildlife license

1748

privileges of any person whose license privileges have been

1749

suspended by a participating state and treat such suspension as

1750

if it had occurred in each respective state.

1751

1752

of Article III, to accept a wildlife citation and, without

1753

delay, proceed on his or her way, whether or not the violator is

1754

a resident of the state in which the citation was issued, if the

1755

violator's home state is party to this compact.

1756

(d) Report to the appropriate participating state, as

1757

provided in the compact manual, any conviction recorded against

1758

any person whose home state was not the issuing state.

1759

(e) Allow the home state to recognize and treat

1760

convictions recorded against its residents, which convictions

1761

occurred in a participating state, as though they had occurred

1762

in the home state.

1763

(f) Extend cooperation to its fullest extent among the

1764

participating states for enforcing compliance with the terms of

1765

a wildlife citation issued in one participating state to a

1766

resident of another participating state.

1767

(g) Maximize the effective use of law enforcement

1768

personnel and information.

1769

(h) Assist court systems in the efficient disposition of

1770

wildlife violations.

1771

(3) The purpose of this compact is to:

1772

(a) Provide a means through which participating states may

1773

join in a reciprocal program to effectuate the policies

1774

enumerated in subsection (2) in a uniform and orderly manner.

1775

(b) Provide for the fair and impartial treatment of

1776

wildlife violators operating within participating states in

1777

recognition of the violator's right to due process and the

1778

sovereign status of a participating state.

1779

1780

ARTICLE II

1781

Definitions

1782

1783

As used in this compact, the term:

1784

(1) "Citation" means any summons, complaint, summons and

1785

complaint, ticket, penalty assessment, or other official

1786

document issued to a person by a wildlife officer or other peace

1787

officer for a wildlife violation which contains an order

1788

requiring the person to respond.

1789

(2) "Collateral" means any cash or other security

1790

deposited to secure an appearance for trial in connection with

1791

the issuance by a wildlife officer or other peace officer of a

1792

citation for a wildlife violation.

1793

(3) "Compliance" with respect to a citation means the act

1794

of answering a citation through an appearance in a court or

1795

tribunal, or through the payment of fines, costs, and

1796

surcharges, if any.

1797

(4) "Conviction" means a conviction that results in

1798

suspension or revocation of a license, including any court

1799

conviction, for any offense related to the preservation,

1800

protection, management, or restoration of wildlife which is

1801

prohibited by state statute, law, regulation, ordinance, or

1802

administrative rule. The term also includes the forfeiture of

1803

any bail, bond, or other security deposited to secure appearance

1804

by a person charged with having committed any such offense, the

1805

payment of a penalty assessment, a plea of nolo contendere, or

1806

the imposition of a deferred or suspended sentence by the court.

1807

(5) "Court" means a court of law, including magistrate's

1808

court and the justice of the peace court.

1809

(6) "Home state" means the state of primary residence of a

1810

person.

1811

(7) "Issuing state" means the participating state that

1812

issues a wildlife citation to the violator.

1813

(8) "License" means any license, permit, or other public

1814

document that conveys to the person to whom it was issued the

1815

privilege of pursuing, possessing, or taking any wildlife

1816

regulated by statute, law, regulation, ordinance, or

1817

administrative rule of a participating state; any privilege to

1818

obtain such license, permit, or other public document; or any

1819

statutory exemption from the requirement to obtain such license,

1820

permit, or other public document. However, when applied to a

1821

license, permit, or privilege issued or granted by the State of

1822

Florida, only a license or permit issued under s. 379.354

1823

~~372.57~~, or a privilege granted under s. 379.353 ~~372.562~~, shall

1824

be considered a license.

1825

(9) "Licensing authority" means the department or division

1826

within each participating state which is authorized by law to

1827

issue or approve licenses or permits to hunt, fish, trap, or

1828

possess wildlife.

1829

(10) "Participating state" means any state that enacts

1830

legislation to become a member of this wildlife compact.

1831

(11) "Personal recognizance" means an agreement by a

1832

person made at the time of issuance of the wildlife citation

1833

that such person will comply with the terms of the citation.

1834

(12) "State" means any state, territory, or possession of

1835

the United States, the District of Columbia, the Commonwealth of

1836

Puerto Rico, the Provinces of Canada, and other countries.

1837

(13) "Suspension" means any revocation, denial, or

1838

withdrawal of any or all license privileges, including the

1839

privilege to apply for, purchase, or exercise the benefits

1840

conferred by any license.

1841

(14) "Terms of the citation" means those conditions and

1842

options expressly stated upon the citation.

1843

(15) "Wildlife" means all species of animals, including,

1844

but not limited to, mammals, birds, fish, reptiles, amphibians,

1845

mollusks, and crustaceans, which are defined as "wildlife" and

1846

are protected or otherwise regulated by statute, law,

1847

regulation, ordinance, or administrative rule in a participating

1848

state. Species included in the definition of "wildlife" vary

1849

from state to state and the determination of whether a species

1850

is "wildlife" for the purposes of this compact shall be based on

1851

local law.

1852

(16) "Wildlife law" means any statute, law, regulation,

1853

ordinance, or administrative rule developed and enacted for the

1854

management of wildlife resources and the uses thereof.

1855

(17) "Wildlife officer" means any individual authorized by

1856

a participating state to issue a citation for a wildlife

1857

violation.

1858

(18) "Wildlife violation" means any cited violation of a

1859

statute, law, regulation, ordinance, or administrative rule

1860

developed and enacted for the management of wildlife resources

1861

and the uses thereof.

1862

1863

ARTICLE III

1864

Procedures for Issuing State

1865

1866

(1) When issuing a citation for a wildlife violation, a

1867

wildlife officer shall issue a citation to any person whose

1868

primary residence is in a participating state in the same manner

1869

as though the person were a resident of the issuing state and

1870

shall not require such person to post collateral to secure

1871

appearance, subject to the exceptions noted in subsection (2),

1872

if the officer receives the recognizance of such person that he

1873

will comply with the terms of the citation.

1874

(2) Personal recognizance is acceptable if not prohibited

1875

by local law; by policy, procedure, or regulation of the issuing

1876

agency; or by the compact manual and if the violator provides

1877

adequate proof of identification to the wildlife officer.

1878

(3) Upon conviction or failure of a person to comply with

1879

the terms of a wildlife citation, the appropriate official shall

1880

report the conviction or failure to comply to the licensing

1881

authority of the participating state in which the wildlife

1882

citation was issued. The report shall be made in accordance with

1883

procedures specified by the issuing state and must contain

1884

information as specified in the compact manual as minimum

1885

requirements for effective processing by the home state.

1886

(4) Upon receipt of the report of conviction or

1887

noncompliance pursuant to subsection (3), the licensing

1888

authority of the issuing state shall transmit to the licensing

1889

authority of the home state of the violator the information in

1890

the form and content prescribed in the compact manual.

1891

1892

ARTICLE IV

1893

Procedure for Home State

1894

1895

(1) Upon receipt of a report from the licensing authority

1896

of the issuing state reporting the failure of a violator to

1897

comply with the terms of a citation, the licensing authority of

1898

the home state shall notify the violator and shall initiate a

1899

suspension action in accordance with the home state's suspension

1900

procedures and shall suspend the violator's license privileges

1901

until satisfactory evidence of compliance with the terms of the

1902

wildlife citation has been furnished by the issuing state to the

1903

home state licensing authority. Due-process safeguards shall be

1904

accorded.

1905

(2) Upon receipt of a report of conviction from the

1906

licensing authority of the issuing state, the licensing

1907

authority of the home state shall enter such conviction in its

1908

records and shall treat such conviction as though it occurred in

1909

the home state for purposes of the suspension of license

1910

privileges.

1911

(3) The licensing authority of the home state shall

1912

maintain a record of actions taken and shall make reports to

1913

issuing states as provided in the compact manual.

1914

1915

ARTICLE V

1916

Reciprocal Recognition of Suspension

1917

1918

(1) Each participating state may recognize the suspension

1919

of license privileges of any person by any other participating

1920

state as though the violation resulting in the suspension had

1921

occurred in that state and would have been the basis for

1922

suspension of license privileges in that state.

1923

(2) Each participating state shall communicate suspension

1924

information to other participating states in the form and

1925

content contained in the compact manual.

1926

1927

ARTICLE VI

1928

Applicability of Other Laws

1929

1930

Except as expressly required by provisions of this compact, this

1931

compact does not affect the right of any participating state to

1932

apply any of its laws relating to license privileges to any

1933

person or circumstance or to invalidate or prevent any agreement

1934

or other cooperative arrangement between a participating state

1935

and a nonparticipating state concerning the enforcement of

1936

wildlife laws.

1937

1938

ARTICLE VII

1939

Compact Administrator Procedures

1940

1941

(1) For the purpose of administering the provisions of

1942

this compact and to serve as a governing body for the resolution

1943

of all matters relating to the operation of this compact, a

1944

board of compact administrators is established. The board shall

1945

be composed of one representative from each of the participating

1946

states to be known as the compact administrator. The compact

1947

administrator shall be appointed by the head of the licensing

1948

authority of each participating state and shall serve and be

1949

subject to removal in accordance with the laws of the state he

1950

or she represents. A compact administrator may provide for the

1951

discharge of his or her duties and the performance of his or her

1952

functions as a board member by an alternate. An alternate is not

1953

entitled to serve unless written notification of his or her

1954

identity has been given to the board.

1955

(2) Each member of the board of compact administrators

1956

shall be entitled to one vote. No action of the board shall be

1957

binding unless taken at a meeting at which a majority of the

1958

total number of the board's votes are cast in favor thereof.

1959

Action by the board shall be only at a meeting at which a

1960

majority of the participating states are represented.

1961

(3) The board shall elect annually from its membership a

1962

chairman and vice chairman.

1963

(4) The board shall adopt bylaws not inconsistent with the

1964

provisions of this compact or the laws of a participating state

1965

for the conduct of its business and shall have the power to

1966

amend and rescind its bylaws.

1967

(5) The board may accept for any of its purposes and

1968

functions under this compact any and all donations and grants of

1969

moneys, equipment, supplies, materials, and services,

1970

conditional or otherwise, from any state, the United States, or

1971

any governmental agency, and may receive, use, and dispose of

1972

the same.

1973

(6) The board may contract with, or accept services or

1974

personnel from, any governmental or intergovernmental agency,

1975

individual, firm, corporation, or private nonprofit organization

1976

or institution.

1977

(7) The board shall formulate all necessary procedures and

1978

develop uniform forms and documents for administering the

1979

provisions of this compact. All procedures and forms adopted

1980

pursuant to board action shall be contained in a compact manual.

1981

1982

ARTICLE VIII

1983

Entry into Compact and Withdrawal

1984

1985

(1) This compact shall become effective at such time as it

1986

is adopted in substantially similar form by two or more states.

1987

(2)

1988

(a) Entry into the compact shall be made by resolution of

1989

ratification executed by the authorized officials of the

1990

applying state and submitted to the chairman of the board.

1991

(b) The resolution shall substantially be in the form and

1992

content as provided in the compact manual and must include the

1993

following:

1994

1. A citation of the authority from which the state is

1995

empowered to become a party to this compact;

1996

2. An agreement of compliance with the terms and

1997

provisions of this compact; and

1998

3. An agreement that compact entry is with all states

1999

participating in the compact and with all additional states

2000

legally becoming a party to the compact.

2001

2002

applying state, but may not be less than 60 days after notice

2003

has been given by the chairman of the board of the compact

2004

administrators or by the secretariat of the board to each

2005

participating state that the resolution from the applying state

2006

has been received.

2007

(3) A participating state may withdraw from participation

2008

in this compact by official written notice to each participating

2009

state, but withdrawal shall not become effective until 90 days

2010

after the notice of withdrawal is given. The notice must be

2011

directed to the compact administrator of each member state. The

2012

withdrawal of any state does not affect the validity of this

2013

compact as to the remaining participating states.

2014

2015

ARTICLE IX

2016

Amendments to the Compact

2017

2018

(1) This compact may be amended from time to time.

2019

Amendments shall be presented in resolution form to the chairman

2020

of the board of compact administrators and shall be initiated by

2021

one or more participating states.

2022

(2) Adoption of an amendment shall require endorsement by

2023

all participating states and shall become effective 30 days

2024

after the date of the last endorsement.

2025

2026

ARTICLE X

2027

Construction and Severability

2028

2029

This compact shall be liberally construed so as to effectuate

2030

the purposes stated herein. The provisions of this compact are

2031

severable and if any phrase, clause, sentence, or provision of

2032

this compact is declared to be contrary to the constitution of

2033

any participating state or of the United States, or if the

2034

applicability thereof to any government, agency, individual, or

2035

circumstance is held invalid, the validity of the remainder of

2036

this compact shall not be affected thereby. If this compact is

2037

held contrary to the constitution of any participating state,

2038

the compact shall remain in full force and effect as to the

2039

remaining states and in full force and effect as to the

2040

participating state affected as to all severable matters.

2041

2042

ARTICLE XI

2043

Title

2044

2045

This compact shall be known as the "Wildlife Violator

2046

Compact."

2047

Section 39. Section 372.8311, Florida Statutes, is

2048

renumbered as section 379.2256, Florida Statutes, and amended to

2049

read:

2050

379.2256 ~~372.8311~~ Compact licensing and enforcement

2051

authority; administrative review.--

2052

(1) LICENSING AND ENFORCEMENT AUTHORITY.--For purposes of

2053

this act and the interstate Wildlife Violator Compact, the Fish

2054

and Wildlife Conservation Commission is the licensing authority

2055

for the State of Florida and shall enforce the interstate

2056

Wildlife Violator Compact and shall do all things within the

2057

commission's jurisdiction which are necessary to effectuate the

2058

purposes and the intent of the compact. The commission may

2059

execute a resolution of ratification to formalize the State of

2060

Florida's entry into the compact. Upon adoption of the Wildlife

2061

Violator Compact, the commission may adopt rules to administer

2062

the provisions of the compact.

2063

(2) ADMINISTRATIVE REVIEW.--Any action committed or

2064

omitted by the Fish and Wildlife Conservation Commission under

2065

or in the enforcement of the Wildlife Violator Compact created

2066

in s. 379.2255 ~~372.831~~ is subject to review under chapter 120.

2067

Section 40. Section 372.74, Florida Statutes, is

2068

renumbered as section 379.2257, Florida Statutes, to read:

2069

379.2257 ~~372.74~~ Cooperative agreements with U. S. Forest

2070

Service; penalty.--The Fish and Wildlife Conservation Commission

2071

is authorized and empowered:

2072

(1) To enter into cooperative agreements with the United

2073

States Forest Service for the development of game, bird, fish,

2074

reptile, or fur-bearing animal management and demonstration

2075

projects on and in the Osceola National Forest in Columbia and

2076

Baker Counties, and in the Ocala National Forest in Marion,

2077

Lake, and Putnam Counties and in the Apalachicola National

2078

Forest in Liberty County. Provided, however, that no such

2079

cooperative agreements shall become effective in any county

2080

concerned until confirmed by the board of county commissioners

2081

of such county expressed through appropriate resolution.

2082

(2) In cooperation with the United States Forest Service,

2083

to make, adopt, promulgate, amend, and repeal rules and

2084

regulations, consistent with law, for the further or better

2085

control of hunting, fishing, and control of wildlife in the

2086

above National Forests or parts thereof; to shorten seasons and

2087

reduce bag limits, or shorten or close seasons on any species of

2088

game, bird, fish, reptile, or fur-bearing animal within the

2089

limits prescribed by the Florida law, in the above enumerated

2090

National Forests or parts thereof, when it shall find after

2091

investigation that such action is necessary to assure the

2092

maintenance of an adequate supply of wildlife.

2093

(3) To fix a charge not to exceed $5, for persons 18 years

2094

of age and over, and not to exceed $2 for persons under the age

2095

of 18 years, over and above the license fee for hunting now

2096

required by law. This additional fee is to apply only on areas

2097

covered by above cooperative agreements. The proceeds from this

2098

additional license fee shall be used in the development,

2099

propagation of wildlife, and protection of the areas covered by

2100

the cooperative agreements as the commission and the United

2101

States Forest Service may deem proper. Nothing in this section

2102

shall be construed as authorizing the commission to change any

2103

penalty prescribed by law or to change the amount of general

2104

license fees or the general authority conferred by licenses

2105

prescribed by law.

2106

(4) In addition to the requirements of chapter 120, notice

2107

of the making, adoption, and promulgation of the above rules and

2108

regulations shall be given by posting said notices, or copies of

2109

the rules and regulations, in the offices of the county judges

2110

and in the post offices within the area to be affected and

2111

within 10 miles thereof. In addition to the posting of said

2112

notices, as aforesaid, copies of said notices or of said rules

2113

and regulations shall also be published in newspapers published

2114

at the county seats of Baker, Columbia, Marion, Lake, Putnam,

2115

and Liberty Counties, or so many thereof as have newspapers,

2116

once not more than 35 nor less than 28 days and once not more

2117

than 21 nor less than 14 days prior to the opening of the state

2118

hunting season in said areas. Any person violating any rules or

2119

regulations promulgated by the commission to cover these areas

2120

under cooperative agreements between the Fish and Wildlife

2121

Conservation Commission and the United States Forest Service,

2122

none of which shall be in conflict with the laws of Florida,

2123

shall be guilty of a misdemeanor of the second degree,

2124

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

2125

Section 41. Section 372.77, Florida Statutes, is

2126

renumbered as section 379.2258, Florida Statutes, to read:

2127

379.2258 ~~372.77~~ Assent to provisions of Act of Congress of

2128

September 2, 1937.--

2129

(1) The state hereby assents to the provisions of the Act

2130

of Congress entitled "An Act to provide that the United States

2131

shall aid the States in Wildlife Restoration Projects, and for

2132

other purposes," approved September 2, 1937 (Pub. L. No. 415,

2133

75th Congress), and the Fish and Wildlife Conservation

2134

Commission is hereby authorized, empowered, and directed to

2135

perform such acts as may be necessary to the conduct and

2136

establishment of cooperative wildlife restoration projects, as

2137

defined in said Act of Congress, in compliance with said act and

2138

rules and regulations promulgated by the Secretary of

2139

Agriculture thereunder.

2140

(2) From and after the passage of this section it shall be

2141

unlawful to divert any funds accruing to the state from license

2142

fees paid by hunters for any purpose other than the

2143

administration of the Fish and Wildlife Conservation Commission

2144

of the state.

2145

Section 42. Section 372.7701, Florida Statutes, is

2146

renumbered as section 379.2259, Florida Statutes, and amended to

2147

read:

2148

379.2259 ~~372.7701~~ Assent to federal acts.--

2149

(1) The state hereby assents to the provisions of the

2150

Federal Aid in Fish Restoration Act of August 9, 1950, as

2151

amended. The Fish and Wildlife Conservation Commission shall

2152

perform such activities as are necessary to conduct wildlife and

2153

sportfish restoration projects, as defined in such Act of

2154

Congress and in compliance with the act and rules adopted

2155

thereunder by the United States Department of the Interior.

2156

Furthermore, the commission shall develop and implement programs

2157

to manage, protect, restore, and conserve marine mammals and the

2158

marine fishery and shall develop and implement similar programs

2159

for wild animal life and freshwater aquatic life.

2160

(2) Revenues from fees paid by hunters and sport fishers

2161

may not be diverted to purposes other than the administration of

2162

fish and wildlife programs by the Fish and Wildlife Conservation

2163

Commission. Administration of the state fish and wildlife

2164

programs includes only those functions of fish and wildlife

2165

management as are the responsibility of and under the authority

2166

of the Fish and Wildlife Conservation Commission.

2167

(3) This section shall be construed in harmony with s.

2168

379.2258 ~~372.77~~.

2169

Section 43. Section 370.21, Florida Statutes, is

2170

renumbered as section 379.226, Florida Statutes, and amended to

2171

read:

2172

379.226 ~~370.21~~ Florida Territorial Waters Act; alien-owned

2173

commercial fishing vessels; prohibited acts; enforcement.--

2174

(1) This act may be known and cited as the "Florida

2175

Territorial Waters Act."

2176

(2) It is the purpose of this act to exercise and exert

2177

full sovereignty and control of the territorial waters of the

2178

state.

2179

(3) No license shall be issued by the Fish and Wildlife

2180

Conservation Commission under s. 379.361 ~~370.06~~, to any vessel

2181

owned in whole or in part by any alien power, which subscribes

2182

to the doctrine of international communism, or any subject or

2183

national thereof, who subscribes to the doctrine of

2184

international communism, or any individual who subscribes to the

2185

doctrine of international communism, or who shall have signed a

2186

treaty of trade, friendship and alliance or a nonaggression pact

2187

with any communist power. The commission shall grant or withhold

2188

said licenses where other alien vessels are involved on the

2189

basis of reciprocity and retorsion, unless the nation concerned

2190

shall be designated as a friendly ally or neutral by a formal

2191

suggestion transmitted to the Governor of Florida by the

2192

Secretary of State of the United States. Upon the receipt of

2193

such suggestion licenses shall be granted under s. 379.361

2194

~~370.06~~, without regard to reciprocity and retorsion, to vessels

2195

of such nations.

2196

(4) It is unlawful for any unlicensed alien vessel to take

2197

by any means whatsoever, attempt to take, or having so taken to

2198

possess, any natural resource of the state's territorial waters,

2199

as such waters are described by Art. II of the State

2200

Constitution.

2201

(5) It is the duty of all harbormasters of the state to

2202

prevent the use of any port facility in a manner which they

2203

reasonably suspect may assist in the violation of this act.

2204

Harbormasters shall endeavor by all reasonable means, which may

2205

include the inspection of nautical logs, to ascertain from

2206

masters of newly arrived vessels of all types other than

2207

warships of the United States, the presence of alien commercial

2208

fishing vessels within the territorial waters of the state, and

2209

shall transmit such information promptly to the Fish and

2210

Wildlife Conservation Commission and such law enforcement

2211

agencies of the state as the situation may indicate.

2212

Harbormasters shall request assistance from the United States

2213

Coast Guard in appropriate cases to prevent unauthorized

2214

departure from any port facility.

2215

(6) All licensed harbor pilots are required to promptly

2216

transmit any knowledge coming to their attention regarding

2217

possible violations of this act to the harbormaster of the port

2218

or the appropriate law enforcement officials.

2219

(7) All law enforcement agencies of the state, including

2220

but not limited to sheriffs and officers of the Fish and

2221

Wildlife Conservation Commission, are empowered and directed to

2222

arrest the masters and crews of vessels who are reasonably

2223

believed to be in violation of this law, and to seize and detain

2224

such vessels, their equipment and catch. Such arresting officers

2225

shall take the offending crews or property before the court

2226

having jurisdiction of such offenses. All such agencies are

2227

directed to request assistance from the United States Coast

2228

Guard in the enforcement of this act when having knowledge of

2229

vessels operating in violation or probable violation of this act

2230

within their jurisdictions when such agencies are without means

2231

to effectuate arrest and restraint of vessels and their crews.

2232

(8) The fine or imprisonment of persons and confiscation

2233

proceedings against vessels, gear and catch prescribed for

2234

violations of this chapter, shall be imposed for violation of

2235

this act; provided that nothing herein shall authorize the

2236

repurchase of property for a nominal sum by the owner upon proof

2237

of lack of complicity in the violation or undertaking.

2238

(9) No crew member or master seeking bona fide political

2239

asylum shall be fined or imprisoned hereunder.

2240

(10) Harbormasters and law enforcement agencies are

2241

authorized to request assistance from the Civil Air Patrol in

2242

the surveillance of suspect vessels. Aircraft of the Division of

2243

Forestry of the Department of Agriculture and Consumer Services

2244

or other state or county agencies which are conveniently located

2245

and not otherwise occupied may be similarly utilized.

2246

Section 44. Section 370.06092, Florida Statutes, is

2247

renumbered as section 379.2271, Florida Statutes, to read:

2248

379.2271 ~~370.06092~~ Harmful-Algal-Bloom Task Force.--

2249

(1) There is established a Harmful-Algal-Bloom Task Force

2250

for the purpose of determining research, monitoring, control,

2251

and mitigation strategies for red tide and other harmful algal

2252

blooms in Florida waters. The Fish and Wildlife Research

2253

Institute shall appoint to the task force scientists, engineers,

2254

economists, members of citizen groups, and members of

2255

government. The task force shall determine research and

2256

monitoring priorities and control and mitigation strategies and

2257

make recommendations to the Fish and Wildlife Research Institute

2258

for using funds as provided in this act.

2259

(2) The Harmful-Algal-Bloom Task Force shall:

2260

(a) Review the status and adequacy of information for

2261

monitoring physical, chemical, biological, economic, and public

2262

health factors affecting harmful algal blooms in Florida;

2263

(b) Develop research and monitoring priorities for harmful

2264

algal blooms in Florida, including detection, prediction,

2265

mitigation, and control;

2266

2267

state and local governments to develop a response plan and to

2268

predict, mitigate, and control the effects of harmful algal

2269

blooms; and

2270

(d) Make recommendations to the Fish and Wildlife Research

2271

Institute for research, detection, monitoring, prediction,

2272

mitigation, and control of harmful algal blooms in Florida.

2273

Section 45. Section 370.06093, Florida Statutes, is

2274

renumbered as section 379.2272, Florida Statutes, to read:

2275

379.2272 ~~370.06093~~ Harmful-algal-bloom program;

2276

implementation; goals; funding.--

2277

(1)(a) The Fish and Wildlife Research Institute shall

2278

implement a program designed to increase the knowledge of

2279

factors that control harmful algal blooms, including red tide,

2280

and to gain knowledge to be used for the early detection of

2281

factors precipitating harmful algal blooms for accurate

2282

prediction of the extent and seriousness of harmful algal blooms

2283

and for undertaking successful efforts to control and mitigate

2284

the effects of harmful algal blooms.

2285

(b) The Legislature intends that this program enhance and

2286

address areas that are not adequately covered in the cooperative

2287

federal-state program known as Ecology and Oceanography of

2288

Harmful Algal Blooms (ECOHAB-Florida), which includes the

2289

University of South Florida, the Mote Marine Laboratory, and the

2290

Fish and Wildlife Research Institute.

2291

2292

managers to assess the potential for public health damage and

2293

economic damage from a given bloom and to undertake control and

2294

mitigation efforts through the development and application of an

2295

integrated detection and prediction network for monitoring and

2296

responding to the development and movement of harmful algal

2297

blooms in Florida marine and estuarine waters.

2298

(2) A financial disbursement program is created within the

2299

Fish and Wildlife Research Institute to implement the provisions

2300

of this act. Under the program, the institute shall provide

2301

funding and technical assistance to government agencies,

2302

research universities, coastal local governments, and

2303

organizations with scientific and technical expertise for the

2304

purposes of harmful-algal-bloom research, economic impact study,

2305

monitoring, detection, control, and mitigation. The program may

2306

be funded from state, federal, and private contributions.

2307

Section 46. Section 372.97, Florida Statutes, is

2308

renumbered as section 379.2281, Florida Statutes, to read:

2309

379.2281 ~~372.97~~ Jim Woodruff Dam; reciprocity

2310

agreements.--The Fish and Wildlife Conservation Commission of

2311

the state is hereby authorized to enter into an agreement of the

2312

reciprocity with the game and fish commissioners or the

2313

appropriate officials or departments of the State of Georgia and

2314

the State of Alabama relative to the taking of game and

2315

freshwater fish from the waters of the lake created by the Jim

2316

Woodruff Dam by permitting reciprocal license privileges.

2317

Section 47. Section 372.971, Florida Statutes, is

2318

renumbered as section 379.2282, Florida Statutes, to read:

2319

379.2282 ~~372.971~~ St. Marys River; reciprocity

2320

agreements.--The Fish and Wildlife Conservation Commission of

2321

the state is hereby authorized to enter into an agreement of

2322

reciprocity with the game and fish commissioner or the

2323

appropriate officials or departments of the State of Georgia

2324

relative to the taking of game and freshwater fish from the

2325

waters of the St. Marys River by permitting reciprocal agreement

2326

license privileges.

2327

Section 48. Section 372.072, Florida Statutes, is

2328

renumbered as 379.2291, Florida Statutes, to read:

2329

379.2291 ~~372.072~~ Endangered and Threatened Species Act.--

2330

(1) SHORT TITLE.--This section may be cited as the

2331

"Florida Endangered and Threatened Species Act."

2332

(2) DECLARATION OF POLICY.--The Legislature recognizes

2333

that the State of Florida harbors a wide diversity of fish and

2334

wildlife and that it is the policy of this state to conserve and

2335

wisely manage these resources, with particular attention to

2336

those species defined by the Fish and Wildlife Conservation

2337

Commission, the Department of Environmental Protection, or the

2338

United States Department of Interior, or successor agencies, as

2339

being endangered or threatened. As Florida has more endangered

2340

and threatened species than any other continental state, it is

2341

the intent of the Legislature to provide for research and

2342

management to conserve and protect these species as a natural

2343

resource.

2344

(3) DEFINITIONS.--As used in this section:

2345

(a) "Fish and wildlife" means any member of the animal

2346

kingdom, including, but not limited to, any mammal, fish, bird,

2347

amphibian, reptile, mollusk, crustacean, arthropod, or other

2348

invertebrate.

2349

(b) "Endangered species" means any species of fish and

2350

wildlife naturally occurring in Florida, whose prospects of

2351

survival are in jeopardy due to modification or loss of habitat;

2352

overutilization for commercial, sporting, scientific, or

2353

educational purposes; disease; predation; inadequacy of

2354

regulatory mechanisms; or other natural or manmade factors

2355

affecting its continued existence.

2356

2357

wildlife naturally occurring in Florida which may not be in

2358

immediate danger of extinction, but which exists in such small

2359

populations as to become endangered if it is subjected to

2360

increased stress as a result of further modification of its

2361

environment.

2362

(4) INTERAGENCY COORDINATION.--

2363

(a) The commission shall be responsible for research and

2364

management of freshwater and upland species and for research and

2365

management of marine species.

2366

(b) Recognizing that citizen awareness is a key element in

2367

the success of this plan, the commission and the Department of

2368

Education are encouraged to work together to develop a public

2369

education program with emphasis on, but not limited to, both

2370

public and private schools.

2371

2372

Agriculture and Consumer Services, the Department of Community

2373

Affairs, or the Department of Transportation, may establish

2374

reduced speed zones along roads, streets, and highways to

2375

protect endangered species or threatened species.

2376

(5) ANNUAL REPORT.--The director of the commission shall,

2377

at least 30 days prior to each annual session of the

2378

Legislature, transmit to the Governor and Cabinet, the President

2379

of the Senate, the Speaker of the House of Representatives, and

2380

the chairs of the appropriate Senate and House committees, a

2381

revised and updated plan for management and conservation of

2382

endangered and threatened species, including criteria for

2383

research and management priorities; a description of the

2384

educational program; statewide policies pertaining to protection

2385

of endangered and threatened species; additional legislation

2386

which may be required; and the recommended level of funding for

2387

the following year, along with a progress report and budget

2388

request.

2389

(6) MEASURABLE BIOLOGICAL GOALS.--Measurable biological

2390

goals that define manatee recovery developed by the commission,

2391

working in conjunction with the United States Fish and Wildlife

2392

Service, shall be used by the commission in its development of

2393

management plans or work plans. In addition to other criteria,

2394

these measurable biological goals shall be used by the

2395

commission when evaluating existing and proposed protection

2396

rules, and in determining progress in achieving manatee

2397

recovery. Not later than July 1, 2005, the commission shall

2398

develop rules to define how measurable biological goals will be

2399

used by the commission when evaluating the need for additional

2400

manatee protection rules.

2401

Section 49. Section 372.073, Florida Statutes, is

2402

renumbered as section 379.2292, Florida Statutes, and amended to

2403

read:

2404

379.2292 ~~372.073~~ Endangered and Threatened Species Reward

2405

Program.--

2406

(1) There is established within the Fish and Wildlife

2407

Conservation Commission the Endangered and Threatened Species

2408

Reward Program, to be funded from the Nongame Wildlife Trust

2409

Fund. The commission may post rewards to persons responsible for

2410

providing information leading to the arrest and conviction of

2411

persons illegally killing or wounding or wrongfully possessing

2412

any of the endangered and threatened species listed on the

2413

official Florida list of such species maintained by the

2414

commission or the arrest and conviction of persons who violate

2415

s. 379.4115 ~~s. 372.667 or s. 372.671~~. Additional funds may be

2416

provided by donations from interested individuals and

2417

organizations. The reward program is to be administered by the

2418

commission. The commission shall establish a schedule of

2419

rewards.

2420

(2) The commission may expend funds only for the following

2421

purposes:

2422

(a) The payment of rewards to persons, other than law

2423

enforcement officers, commission personnel, and members of their

2424

immediate families, for information as specified in subsection

2425

(1); or

2426

(b) The promotion of public recognition and awareness of

2427

the Endangered and Threatened Species Reward Program.

2428

Section 50. Section 372.771, Florida Statutes, is

2429

renumbered as section 379.23, Florida Statutes, to read:

2430

379.23 ~~372.771~~ Federal conservation of fish and wildlife;

2431

limited jurisdiction.--

2432

(1) Consent of the State of Florida is hereby given, to

2433

the United States for acquisition of lands, waters, or lands and

2434

waters or interests therein, for the purpose of managing,

2435

protecting and propagating fish and wildlife and for other

2436

conservation uses in the state, providing prior notice has been

2437

given by the Federal Government to the Board of Trustees of the

2438

Internal Improvement Trust Fund, the board of county

2439

commissioners of the county where the lands proposed for

2440

purchase are located, of such proposed action stating the

2441

specific use to be made of and the specific location and

2442

description of such lands desired by the Federal Government for

2443

any such conservation use, and that such plans for acquisition

2444

and use of said lands be approved by the Board of Trustees of

2445

the Internal Improvement Trust Fund, the board of county

2446

commissioners of the county where the lands proposed for

2447

purchase are located; provided further that nothing herein

2448

contained shall be construed to give the consent of the State of

2449

Florida to the acquisition by the United States of lands,

2450

waters, or lands and waters, or interests therein, through

2451

exercise of the power of eminent domain; provided further that

2452

the provisions of this act shall not apply to lands owned by the

2453

several counties or by public corporations.

2454

(2) The United States may exercise concurrent jurisdiction

2455

over lands so acquired and carry out the intent and purpose of

2456

the authority except that the existing laws of Florida relating

2457

to the Department of Environmental Protection or the Fish and

2458

Wildlife Conservation Commission shall prevail relating to any

2459

area under their supervision.

2460

Section 51. Section 372.265, Florida Statutes, is

2461

renumbered as section 379.231, Florida Statutes, and amended to

2462

read:

2463

379.231 ~~372.265~~ Regulation of foreign animals.--

2464

(1) It is unlawful to import for sale or use, or to

2465

release within this state, any species of the animal kingdom not

2466

indigenous to Florida without having obtained a permit to do so

2467

from the Fish and Wildlife Conservation Commission.

2468

(2) The Fish and Wildlife Conservation Commission is

2469

authorized to issue or deny such a permit upon the completion of

2470

studies of the species made by it to determine any detrimental

2471

effect the species might have on the ecology of the state.

2472

(3) A person in violation of this section commits a Level

2473

Three violation under s. 379.401 ~~372.83~~.

2474

Section 52. Section 370.03, Florida Statutes, is

2475

renumbered as section 379.232, Florida Statutes, to read:

2476

379.232 ~~370.03~~ Water bottoms.--

2477

(1) OWNERSHIP.--All beds and bottoms of navigable rivers,

2478

bayous, lagoons, lakes, bays, sounds, inlets, oceans, gulfs and

2479

other bodies of water within the jurisdiction of Florida shall

2480

be the property of the state except such as may be held under

2481

some grant or alienation heretofore made. No grant, sale or

2482

conveyance of any water bottom, except conditional leases and

2483

dispositions hereinafter provided for, shall hereafter be made

2484

by the state, the Board of Trustees of the Internal Improvement

2485

Trust Fund, the Department of Agriculture and Consumer Services,

2486

or any other official or political corporation. Persons who have

2487

received, or may hereafter receive permits to do business in

2488

this state, with their factories, shucking plants and shipping

2489

depots located in this state, may enjoy the right of fishing for

2490

oysters and clams from the natural reefs and bedding oysters and

2491

clams on leased bedding grounds, and shall have the right to

2492

employ such boats, vessels, or labor and assistants as they may

2493

need. Provided that no oysters shall be transported unshucked

2494

and in the shells, out of the state, except for use in what is

2495

commonly known as the "half-shell trade." When the oyster meats

2496

have been separated from the shells it shall be permissible to

2497

ship the meats out of the state for further processing and for

2498

canning or packing. It shall be unlawful to transport oysters

2499

out of the state, unshucked and in the shells, for processing or

2500

packing.

2501

(2) CONTROL.--The Department of Environmental Protection

2502

has exclusive power and control over all water bottoms, not held

2503

under some grant or alienation heretofore made, including such

2504

as may revert to the state by cancellation or otherwise, and may

2505

lease the same to any person irrespective of residence or

2506

citizenship, upon such terms, conditions and restrictions as

2507

said division may elect to impose, without limitation as to area

2508

to any one person, for the purpose of granting exclusive right

2509

to plant oysters or clams thereon and for the purpose of

2510

fishing, taking, catching, bedding and raising oysters, clams

2511

and other shellfish. No such lessee shall re-lease, sublease,

2512

sell or transfer any such water bottom or property; provided,

2513

that nothing herein contained shall be construed as giving said

2514

department authority to lease sponge beds.

2515

(3) FEES FOR BOTTOM LEASES, ETC.--The department shall

2516

charge and receive a fee of $2 for each lease granted, and in

2517

all other cases, not specifically provided by this chapter, the

2518

same fees as are allowed clerks of the circuit court for like

2519

services. All fees shall be paid by the party served.

2520

(4) CONFIRMATION OF FORMER GRANTS; PROVISO.--All grants

2521

prior to June 1, 1913, made in pursuance of heretofore existing

2522

laws, where the person receiving such grant, the person's heirs

2523

or assigns, have bona fide complied with the requirements of

2524

said law, are hereby confirmed; provided, that if any material

2525

or natural oyster or clam reefs or beds on such granted premises

2526

are 100 square yards in area and contained natural oysters and

2527

clams (coon oysters not included) in sufficient quantity to have

2528

been resorted to by the general public for the purpose of

2529

gathering oysters or clams to sell for a livelihood, at the time

2530

they were planted by such grantee, his or her heirs or assigns,

2531

such reefs or beds are declared to be the property of the state;

2532

and when such beds or reefs exist within the territory

2533

heretofore granted as above set forth, or that may hereafter be

2534

leased, such grantee or lessee shall mark the boundaries of such

2535

oyster and clam reefs or beds as may be designated by the

2536

department as natural oyster or clam reefs or beds, clearly

2537

defining the boundaries of the same, and shall post notice or

2538

other device, as shall be required by the department, giving

2539

notice to the public that such oyster or clam beds or reefs are

2540

the property of the state, which said notice shall be maintained

2541

from September 1 to June 1 of each and every year, on each

2542

oyster bed or reef and on each clam bed for such period of each

2543

year as the board may direct, at the expense of the grantee or

2544

lessee. The department shall investigate all grants heretofore

2545

made, and where, in its opinion, the lessee or grantee has not

2546

bona fide complied with the law under which he or she received

2547

his or her grant or lease, and the department is authorized and

2548

required to institute legal proceedings to vacate the same, in

2549

order to use such lands for the benefit of the public, subject

2550

to the same dispositions as other bottoms.

2551

Section 53. Section 372.995, Florida Statutes, is

2552

renumbered as section 379.233, Florida Statutes, to read:

2553

379.233 ~~372.995~~ Release of balloons.--

2554

(1) The Legislature finds that the release into the

2555

atmosphere of large numbers of balloons inflated with lighter-

2556

than-air gases poses a danger and nuisance to the environment,

2557

particularly to wildlife and marine animals.

2558

(2) It is unlawful for any person, firm, or corporation to

2559

intentionally release, organize the release, or intentionally

2560

cause to be released within a 24-hour period 10 or more balloons

2561

inflated with a gas that is lighter than air except for:

2562

(a) Balloons released by a person on behalf of a

2563

governmental agency or pursuant to a governmental contract for

2564

scientific or meteorological purposes;

2565

(b) Hot air balloons that are recovered after launching;

2566

2567

(d) Balloons that are either biodegradable or

2568

photodegradable, as determined by rule of the Fish and Wildlife

2569

Conservation Commission, and which are closed by a hand-tied

2570

knot in the stem of the balloon without string, ribbon, or other

2571

attachments. In the event that any balloons are released

2572

pursuant to the exemption established in this paragraph, the

2573

party responsible for the release shall make available to any

2574

law enforcement officer evidence of the biodegradability or

2575

photodegradability of said balloons in the form of a certificate

2576

executed by the manufacturer. Failure to provide said evidence

2577

shall be prima facie evidence of a violation of this act.

2578

(3) Any person who violates subsection (2) is guilty of a

2579

noncriminal infraction, punishable by a fine of $250.

2580

(4) Any person may petition the circuit court to enjoin

2581

the release of 10 or more balloons if that person is a citizen

2582

of the county in which the balloons are to be released.

2583

Section 54. Subsection (7) of section 370.021, Florida

2584

Statutes, is renumbered as section 379.2341, Florida Statutes,

2585

and amended to read:

2586

379.2341 Publications by the commission.--

2587

~~(7)~~ The commission is given authority, from time to time

2588

in its discretion, to cause the statutory laws under its

2589

jurisdiction, together with any rules promulgated by it, to be

2590

published in pamphlet form for free distribution in this state.

2591

The commission is authorized to make charges for technical and

2592

educational publications and mimeographed material of use for

2593

educational or reference purposes. Such charges shall be made at

2594

the discretion of the commission. Such charges may be sufficient

2595

to cover cost of preparation, printing, publishing, and

2596

distribution. All moneys received for publications shall be

2597

deposited into the fund from which the cost of the publication

2598

was paid. The commission is further authorized to enter into

2599

agreements with persons, firms, corporations, governmental

2600

agencies, and other institutions whereby publications may be

2601

exchanged reciprocally in lieu of payments for said

2602

publications.

2603

Section 55. Section 372.0222, Florida Statutes, is

2604

renumbered as section 379.2342, Florida Statutes, to read:

2605

379.2342 ~~372.0222~~ Private publication agreements;

2606

advertising; costs of production.--

2607

(1) The Fish and Wildlife Conservation Commission may

2608

enter into agreements to secure the private publication of

2609

public information brochures, pamphlets, audiotapes, videotapes,

2610

and related materials for distribution without charge to the

2611

public and, in furtherance thereof, is authorized to:

2612

(a) Enter into agreements with private vendors for the

2613

publication or production of such public information materials,

2614

whereby the costs of publication or production will be borne in

2615

whole or in part by the vendor or the vendor shall provide

2616

additional compensation in return for the right of the vendor to

2617

select, sell, and place advertising which publicizes products or

2618

services related to and harmonious with the subject matter of

2619

the publication.

2620

(b) Retain the right, by agreement, to approve all

2621

elements of any advertising placed in such public information

2622

materials, including the form and content thereof.

2623

(2)(a) Beginning January 1, 2005, the commission, with the

2624

advice and assistance of the Florida Wildlife Magazine Advisory

2625

Council, shall publish the Florida Wildlife Magazine. The

2626

magazine shall be published at least on a quarterly basis in

2627

hard-copy format and shall be available to the public by

2628

subscription and retail distribution. The primary focus of the

2629

magazine shall be to promote the heritage of hunting and fishing

2630

in Florida. The magazine shall also disseminate information

2631

regarding other outdoor recreational opportunities available to

2632

Floridians and visitors.

2633

(b) In order to offset the cost of publication and

2634

distribution of the magazine, the commission, with the advice

2635

and assistance of the Florida Wildlife Magazine Advisory

2636

Council, is authorized to sell advertising for placement in the

2637

magazine. The commission shall have the right to approve all

2638

elements of any advertising placed in the magazine, including

2639

the form and content thereof. The magazine shall include a

2640

statement providing that the inclusion of advertising in the

2641

magazine does not constitute an endorsement by the state or the

2642

commission of the products or services so advertised. The

2643

commission may charge an annual magazine subscription fee of up

2644

to $25, a 2-year magazine subscription fee of up to $45, and a

2645

3-year magazine subscription fee of up to $60. The commission

2646

may charge a retail per copy fee of up to $7. The provisions of

2647

chapter 287 do not apply to the sale of advertising for

2648

placement in the magazine. All revenues generated by the

2649

magazine shall be credited to the State Game Trust Fund.

2650

2651

created within the commission to advise and make recommendations

2652

to the commission regarding development, publication, and sale

2653

of the Florida Wildlife Magazine. In order to accomplish this

2654

purpose, the council shall provide recommendations to the

2655

commission regarding:

2656

1. The content of articles included in each edition of the

2657

magazine.

2658

2. Advertising proposed for each edition of the magazine.

2659

3. Strategies to improve distribution and circulation of

2660

the magazine.

2661

4. Cost-reduction measures regarding publication of the

2662

magazine.

2663

(d) The Florida Wildlife Magazine Advisory Council shall

2664

consist of seven members appointed by the commission, and

2665

initial appointments shall be made no later than August 1, 2004.

2666

When making initial appointments to the council and filling

2667

vacancies, the commission shall appoint members to represent the

2668

following interests: hunting; saltwater fishing; freshwater

2669

fishing; recreational boating; recreational use of off-road

2670

vehicles; hiking, biking, bird watching, or similar passive

2671

activities; general business interests; and magazine publishing.

2672

(e) Two of the initial appointees shall serve 2-year

2673

terms, two of the initial appointees shall serve 3-year terms,

2674

and three of the initial appointees shall serve 4-year terms.

2675

Subsequent to the expiration of the initial terms, advisory

2676

council appointees shall serve 4-year terms.

2677

(f) The members of the advisory council shall elect a

2678

chair annually.

2679

(g) The council shall meet at least quarterly at the call

2680

of its chair, at the request of a majority of its membership, or

2681

at the request of the commission. A majority of the council

2682

shall constitute a quorum for the transaction of business.

2683

(h) The commission shall provide the council with

2684

clerical, expert, technical, or other services. All expenses of

2685

the council shall be paid from appropriations made by the

2686

Legislature to the commission. All vouchers shall be approved by

2687

the executive director before submission to the Chief Financial

2688

Officer for payment.

2689

(i) Members of the council shall serve without

2690

compensation but shall receive per diem and reimbursement for

2691

travel expenses as provided in s. 112.061.

2692

(j) Advisory council members may be reappointed. Advisory

2693

council members shall serve at the pleasure of the commission.

2694

(3) Any public information materials produced pursuant to

2695

this section and containing advertising of any kind shall

2696

include a statement providing that the inclusion of advertising

2697

in such material does not constitute an endorsement by the state

2698

or commission of the products or services so advertised.

2699

(4) The Fish and Wildlife Conservation Commission may

2700

enter into agreements with private vendors for vendor

2701

advertisement for the purpose of offsetting expenses relating to

2702

license issuance, and, in furtherance thereof, is authorized to:

2703

(a) Retain the right, by agreement, to approve all

2704

elements of such advertising, including the form or content.

2705

(b) Require that any advertising of any kind contracted

2706

pursuant to this section shall include a statement providing

2707

that the advertising does not constitute an endorsement by the

2708

state or commission of the products or services to be so

2709

advertised.

2710

(5) The commission shall collect, edit, publish, and print

2711

pamphlets, papers, manuscripts, documents, books, monographs,

2712

and other materials relating to fish and wildlife conservation

2713

and may establish and impose a reasonable charge for such

2714

materials to cover costs of production and distribution in whole

2715

or part and may contract for the marketing, sale, and

2716

distribution of such publications and materials; except that no

2717

charge shall be imposed for materials designed to provide the

2718

public with essential information concerning fish and wildlife

2719

regulations and matters of public safety.

2720

(6) The commission shall provide services and information

2721

designed to inform Floridians and visitors about Florida's

2722

unique and diverse fish, game, and wildlife, and make it

2723

available by means of commonly used media. For the

2724

accomplishment of those purposes, the commission may make

2725

expenditures to:

2726

(a) Encourage and cooperate with public and private

2727

organizations or groups to publicize to residents and visitors

2728

the diversity of fish, game, and wildlife, and related

2729

recreation opportunities of the state, including the

2730

establishment of and expenditure for a program of cooperative

2731

advertising or sponsorships, or partnerships with the public and

2732

private organizations and groups in accordance with rules

2733

adopted by the commission under chapter 120.

2734

(b) Charge and collect a reasonable fee for researching or

2735

compiling information or other services which, in its judgment,

2736

should not be free to those requesting the information,

2737

research, handling, material, publication, or other services.

2738

Any amounts of money received by the commission from such

2739

sources shall be restored to the appropriations of the

2740

commission, and any unexpended funds shall be deposited into the

2741

State Game Trust Fund and made available to the commission for

2742

use in performing its duties, powers, and purposes.

2743

2744

seminars, and other meetings conducted in furtherance of the

2745

duties, powers, and purposes of the commission. Any funds

2746

collected under this paragraph which remain unexpended after the

2747

expenses of the conference, seminar, or meeting have been paid

2748

shall be deposited into the State Game Trust Fund and made

2749

available to the commission for use in performing its duties,

2750

powers, and purposes.

2751

(d) Purchase and distribute promotional items to increase

2752

public awareness regarding boating safety and other programs

2753

that promote public safety or resource conservation.

2754

(7) Notwithstanding the provisions of part I of chapter

2755

287, the commission may adopt rules for the purpose of entering

2756

into contracts that are primarily for promotional and

2757

advertising services and promotional events which may include

2758

the authority to negotiate costs with offerors of such services

2759

and commodities who have been determined to be qualified on the

2760

basis of technical merit, creative ability, and professional

2761

competency.

2762

Section 56. Section 370.1103, Florida Statutes, is

2763

renumbered as section 379.2351, Florida Statutes, to read:

2764

379.2351 ~~370.1103~~ Land-based commercial and recreational

2765

fishing activities; legislative findings and purpose;

2766

definitions; legal protection; local ordinances; prohibited

2767

activity.--

2768

(1) LEGISLATIVE FINDINGS AND PURPOSE.--The Legislature

2769

finds that commercial and recreational fishing constitute

2770

activities of statewide importance and that the continuation of

2771

commercial and recreational fishing will benefit the health and

2772

welfare of the people of this state. The Legislature further

2773

finds that commercial and recreational fishing operations

2774

conducted in developing and urbanizing areas are potentially

2775

subject to curtailment as a result of local government zoning

2776

and nuisance ordinances which may unreasonably force the closure

2777

of productive commercial and recreational fishing operations. It

2778

is the purpose of this act to prevent the curtailment or

2779

abolishment of commercial and recreational fishing operations

2780

solely because the area in which they are located has changed in

2781

character or the operations are displeasing to neighboring

2782

residents.

2783

(2) DEFINITIONS.--As used in this act, "commercial fishing

2784

operation" means any type of activity conducted on land,

2785

requiring the location or storage of commercial fishing

2786

equipment such as fishing vessels, fishing gear, docks, piers,

2787

loading areas, landing areas, and cold storage facilities,

2788

including any activity necessary to prepare finfish or shellfish

2789

for refrigeration. This definition does not include operations

2790

with the sole or primary function of processing seafood.

2791

(3) LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL

2792

FISHING OPERATIONS.--No commercial or recreational fishing

2793

operation shall be declared a public or private nuisance solely

2794

because of a change in ownership or a change in the character of

2795

the property in or around the locality of the operation.

2796

(4) LOCAL ORDINANCE.--No local governing authority shall

2797

adopt any ordinance that declares any commercial or recreational

2798

fishing operation to be a nuisance solely because it is a

2799

commercial or recreational fishing operation, or any zoning

2800

ordinance that unreasonably forces the closure of any commercial

2801

or recreational fishing operation. Nothing in this act shall

2802

prevent a local government from regulating commercial and

2803

recreational fishing operations, including by requiring the use

2804

of methods, structures, or appliances where such use will

2805

prevent, ameliorate, or remove conditions which create or may

2806

create a nuisance or, pursuant to the applicable local zoning

2807

code, by declaring a commercial or recreational fishing

2808

operation to be a nonconforming use.

2809

(5) WHEN EXPANSION OF OPERATION NOT PERMITTED.--This act

2810

shall not be construed to permit an existing commercial or

2811

recreational fishing operation to change to a larger operation

2812

with regard to emitting more noise or odor, where such change

2813

violates local ordinances or regulations or creates a nuisance.

2814

Section 57. Section 370.27, Florida Statutes, is

2815

renumbered as section 379.2352, Florida Statutes, to read:

2816

379.2352 ~~370.27~~ State employment; priority consideration

2817

for qualified displaced employees of the saltwater fishing

2818

industry.--All state agencies must give priority consideration

2819

to any job applicant who is able to document the loss of full-

2820

time employment in the commercial saltwater fishing industry as

2821

a result of the adoption of the constitutional amendment

2822

limiting the use of nets to harvest marine species, provided the

2823

applicant meets the minimum requirements for the position

2824

sought.

2825

Section 58. Section 370.28, Florida Statutes, is

2826

renumbered as section 379.2353, Florida Statutes, to read:

2827

379.2353 ~~370.28~~ Enterprise zone designation; communities

2828

adversely impacted by net limitations.--

2829

(1) The Office of Tourism, Trade, and Economic Development

2830

is directed to identify communities suffering adverse impacts

2831

from the adoption of the constitutional amendment limiting the

2832

use of nets to harvest marine species.

2833

(2)(a) Such communities having a population of fewer than

2834

7,500 persons and such communities in rural and coastal counties

2835

with a county population of fewer than 25,000 may apply to the

2836

Office of Tourism, Trade, and Economic Development by August 15,

2837

1996, for the designation of an area as an enterprise zone. The

2838

community must comply with the requirements of s. 290.0055,

2839

except that, for a community having a total population of 7,500

2840

persons or more but fewer than 20,000 persons, the selected area

2841

may not exceed 5 square miles. Notwithstanding the provisions of

2842

s. 290.0065, limiting the total number of enterprise zones

2843

designated and the number of enterprise zones within a

2844

population category, the Office of Tourism, Trade, and Economic

2845

Development may designate an enterprise zone in eight of the

2846

identified communities. The governing body having jurisdiction

2847

over such area shall create an enterprise zone development

2848

agency pursuant to s. 290.0056 and submit a strategic plan

2849

pursuant to s. 290.0057. Enterprise zones designated pursuant to

2850

this section shall be effective January 1, 1997. Any enterprise

2851

zone designated under this paragraph having an effective date on

2852

or before January 1, 2005, shall continue to exist until

2853

December 31, 2005, but shall cease to exist on December 31,

2854

2005. Any enterprise zone redesignated on or after January 1,

2855

2006, must do so in accordance with the Florida Enterprise Zone

2856

Act.

2857

(b) Notwithstanding any provisions of this section to the

2858

contrary, communities in coastal counties with a county

2859

population greater than 20,000, which can demonstrate that the

2860

community has historically been a fishing community and has

2861

therefore had a direct adverse impact from the adoption of the

2862

constitutional amendment limiting the use of nets, shall also be

2863

eligible to apply for designation of an area as an enterprise

2864

zone. The community must comply with the requirements of s.

2865

290.0055, except s. 290.0055(3). Such communities shall apply to

2866

the Office of Tourism, Trade, and Economic Development by August

2867

15, 1996. The office may designate one enterprise zone under

2868

this paragraph, which shall be effective January 1, 1997, and

2869

which shall be in addition to the eight zones authorized under

2870

paragraph (a). Any enterprise zone designated under this

2871

paragraph having an effective date on or before January 1, 2005,

2872

shall continue to exist until December 31, 2005, but shall cease

2873

to exist on that date. Any enterprise zone redesignated on or

2874

after January 1, 2006, must do so in accordance with the Florida

2875

Enterprise Zone Act. The governing body having jurisdiction over

2876

such area shall create an enterprise zone development agency

2877

pursuant to s. 290.0056 and submit a strategic plan pursuant to

2878

s. 290.0057.

2879

(3) For the purpose of nominating and designating areas

2880

pursuant to subsection (2), the requirements set out in s.

2881

290.0058(2) shall not apply.

2882

(4) Notwithstanding the time limitations contained in

2883

chapters 212 and 220, a business eligible to receive tax credits

2884

under this section from January 1, 1997, to June 1, 1998, must

2885

submit an application for the tax credits by December 1, 1998.

2886

All other requirements of the enterprise zone program apply to

2887

such a business.

2888

Section 59. Subsection (9) of section 370.021, Florida

2889

Statutes, is renumbered as section 379.236, Florida Statutes,

2890

and amended to read:

2891

379.236 Retention, destruction, and reproduction of

2892

commission records.--

2893

~~(9)~~ Records and documents of the commission created in

2894

compliance with and in the implementation of this chapter or

2895

former chapter 371 shall be retained by the commission as

2896

specified in record retention schedules established under the

2897

general provisions of chapters 119 and 257. Such records

2898

retained by the Department of Environmental Protection on July

2899

1, 1999, shall be transferred to the commission. Further, the

2900

commission is authorized to:

2901

(1)~~(a)~~ Destroy, or otherwise dispose of, those records and

2902

documents in conformity with the approved retention schedules.

2903

(2)~~(b)~~ Photograph, microphotograph, or reproduce such

2904

records and documents on film, as authorized and directed by the

2905

approved retention schedules, whereby each page will be exposed

2906

in exact conformity with the original records and documents

2907

retained in compliance with the provisions of this section.

2908

Photographs or microphotographs in the form of film or print of

2909

any records, made in compliance with the provisions of this

2910

section, shall have the same force and effect as the originals

2911

thereof would have and shall be treated as originals for the

2912

purpose of their admissibility in evidence. Duly certified or

2913

authenticated reproductions of such photographs or

2914

microphotographs shall be admitted in evidence equally with the

2915

original photographs or microphotographs. The impression of the

2916

seal of the commission on a certificate made pursuant to the

2917

provisions hereof and signed by the executive director of the

2918

commission shall entitle the same to be received in evidence in

2919

all courts and in all proceedings in this state and shall be

2920

prima facie evidence of all factual matters set forth in the

2921

certificate. A certificate may relate to one or more records, as

2922

set forth in the certificate, or in a schedule continued on an

2923

attachment to the certificate.

2924

(3)~~(c)~~ Furnish certified copies of such records for a fee

2925

of $1 which shall be deposited in the Marine Resources

2926

Conservation Trust Fund.

2927

Section 60. Subsection (10) of section 370.021, Florida

2928

Statutes, renumbered as section 379.237, Florida Statutes, and

2929

amended to read:

2930

379.237 Courts of equity may enjoin.--

2931

~~(10) COURTS OF EQUITY MAY ENJOIN.--~~Courts of equity in

2932

this state have jurisdiction to enforce the conservation laws of

2933

this state by injunction.

2934

Section 61. Part II of chapter 379, Florida Statutes,

2935

consisting of sections 379.2401, 379.2402, 379.2411, 379.2412,

2936

379.2413, 379.2421, 379.2422, 379.2423, 379.2424, 379.2425,

2937

379.2431, 379.2432, 379.2433, 379.244, 379.245, 379.246,

2938

379.247, 379.248, 379.249, 379.25, 379.2511, 379.2512, 379.2521,

2939

379.2522, 379.2523, 379.2524, and 379.2525, is created to read:

2940

PART II

2941

MARINE LIFE

2942

2943

Section 62. Section 370.025, Florida Statutes, is

2944

renumbered as section 379.2401, Florida Statutes, to read:

2945

379.2401 ~~370.025~~ Marine fisheries; policy and standards.--

2946

(1) The Legislature hereby declares the policy of the

2947

state to be management and preservation of its renewable marine

2948

fishery resources, based upon the best available information,

2949

emphasizing protection and enhancement of the marine and

2950

estuarine environment in such a manner as to provide for optimum

2951

sustained benefits and use to all the people of this state for

2952

present and future generations.

2953

(2) The commission is instructed to make recommendations

2954

annually to the Governor and the Legislature regarding marine

2955

fisheries research priorities and funding. All administrative

2956

and enforcement responsibilities which are unaffected by the

2957

specific provisions of this act are the responsibility of the

2958

commission.

2959

(3) All rules relating to saltwater fisheries adopted by

2960

the commission shall be consistent with the following standards:

2961

(a) The paramount concern of conservation and management

2962

measures shall be the continuing health and abundance of the

2963

marine fisheries resources of this state.

2964

(b) Conservation and management measures shall be based

2965

upon the best information available, including biological,

2966

sociological, economic, and other information deemed relevant by

2967

the commission.

2968

2969

reasonable means and quantities of annual harvest, consistent

2970

with maximum practicable sustainable stock abundance on a

2971

continuing basis.

2972

(d) When possible and practicable, stocks of fish shall be

2973

managed as a biological unit.

2974

(e) Conservation and management measures shall assure

2975

proper quality control of marine resources that enter commerce.

2976

(f) State marine fishery management plans shall be

2977

developed to implement management of important marine fishery

2978

resources.

2979

(g) Conservation and management decisions shall be fair

2980

and equitable to all the people of this state and carried out in

2981

such a manner that no individual, corporation, or entity

2982

acquires an excessive share of such privileges.

2983

(h) Federal fishery management plans and fishery

2984

management plans of other states or interstate commissions

2985

should be considered when developing state marine fishery

2986

management plans. Inconsistencies should be avoided unless it is

2987

determined that it is in the best interest of the fisheries or

2988

residents of this state to be inconsistent.

2989

Section 63. Section 370.0607, Florida Statutes, is

2990

renumbered as section 379.2402, Florida Statutes, to read:

2991

379.2402 ~~370.0607~~ Marine information system.--The Fish and

2992

Wildlife Conservation Commission shall establish by rule a

2993

marine information system in conjunction with the licensing

2994

program to gather marine fisheries data.

2995

Section 64. Section 370.101, Florida Statutes, is

2996

renumbered as section 379.2411, Florida Statutes, and amended to

2997

read:

2998

379.2411 ~~370.101~~ Saltwater fish; regulations.--

2999

(1) The Fish and Wildlife Conservation Commission is

3000

authorized to establish weight equivalencies when minimum

3001

lengths of saltwater fish are established by law, in those cases

3002

where the fish are artificially cultivated.

3003

(2) A special activity license may be issued by the

3004

commission pursuant to s. 379.361 ~~370.06~~ for catching and

3005

possession of fish protected by law after it has first

3006

established that such protected specimens are to be used as

3007

stock for artificial cultivation.

3008

(3) A permit may not be issued pursuant to subsection (2)

3009

until the commission determines that the artificial cultivation

3010

activity complies with the provisions of ss. 253.67-253.75 and

3011

any other specific provisions contained within this chapter

3012

regarding leases, licenses, or permits for maricultural

3013

activities of each saltwater fish, so that the public interest

3014

in such fish stocks is fully protected.

3015

Section 65. Section 370.102, Florida Statutes, is

3016

renumbered as section 379.2412, Florida Statutes, and amended to

3017

read:

3018

379.2412 ~~370.102~~ State preemption of power to

3019

regulate.--The power to regulate the taking or possession of

3020

saltwater fish, as defined in s. 379.101 ~~370.01~~, is expressly

3021

reserved to the state. This section does not prohibit a local

3022

government from prohibiting, for reasons of protecting the

3023

public health, safety, or welfare, saltwater fishing from real

3024

property owned by that local government.

3025

Section 66. Section 370.11, Florida Statutes, is

3026

renumbered as section 379.2413, Florida Statutes, and amended to

3027

read:

3028

379.2413 Catching food fish for the purposes of making oil

3029

~~370.11 Fish; regulation~~.--

3030

~~(1) CATCHING FOOD FISH FOR PURPOSES OF MAKING OIL~~

3031

~~PROHIBITED.--~~No person shall take any food fish from the waters

3032

under the jurisdiction of the state, for the purpose of making

3033

oil, fertilizer or compost therefrom. Purse seines may be used,

3034

for the taking of nonfood fish for the purpose of making oil,

3035

fertilizer or compost.

3036

~~(2) REGULATION; FISH; TARPON, ETC.--No person may sell,~~

3037

~~offer for sale, barter, exchange for merchandise, transport for~~

3038

~~sale, either within or without the state, offer to purchase or~~

3039

~~purchase any species of fish known as tarpon (Tarpon atlanticus)~~

3040

~~provided, however, any one person may carry out of the state as~~

3041

~~personal baggage or transport within or out of the state not~~

3042

~~more than two tarpon if they are not being transported for sale.~~

3043

~~The possession of more than two tarpon by any one person is~~

3044

~~unlawful; provided, however, any person may catch an unlimited~~

3045

~~number of tarpon if they are immediately returned uninjured to~~

3046

~~the water and released where the same are caught. No common~~

3047

~~carrier in the state shall knowingly receive for transportation~~

3048

~~or transport, within or without the state, from any one person~~

3049

~~for shipment more than two tarpon, except as hereinafter~~

3050

~~provided. It is expressly provided that any lawful established~~

3051

~~taxidermist, in the conduct of taxidermy, may be permitted to~~

3052

~~move or transport any reasonable number of tarpon at any time~~

3053

~~and in any manner he or she may desire, as specimens for~~

3054

~~mounting; provided, however, satisfactory individual ownership~~

3055

~~of the fish so moved or transported can be established by such~~

3056

~~taxidermist at any time upon demand. Common carriers shall~~

3057

~~accept for shipment tarpon from a taxidermist when statement of~~

3058

~~individual ownership involved accompanies bill of lading or~~

3059

~~other papers controlling the shipment. The Fish and Wildlife~~

3060

~~Conservation Commission may, in its discretion, upon application~~

3061

~~issue permits for the taking and transporting of tarpon for~~

3062

~~scientific purposes.~~

3063

Section 67. Section 370.08, Florida Statutes, is

3064

renumbered as section 379.2421, Florida Statutes, and amended to

3065

read:

3066

379.2421 ~~370.08~~ Fishers and equipment; regulation.--

3067

(1) ILLEGAL POSSESSION OF SEINES AND NETS.--No person may

3068

have in his or her custody or possession in any county of this

3069

state any fishing seine or net, the use of which for fishing

3070

purposes in such county is prohibited by law. Such possession

3071

shall be evidence of a violation of this subsection by both the

3072

owner thereof and the person using or possessing said net. The

3073

provisions of this subsection shall not apply to shrimp nets, to

3074

pound nets or purse nets when used in taking menhaden fish, to

3075

seines used exclusively for taking herring, or to legal beach

3076

seines used in the open gulf or Atlantic Ocean if the possession

3077

of such nets is not prohibited in the county where found.

3078

(2) STOP NETTING DEFINED; PROHIBITION.--

3079

(a) It is unlawful for any person to obstruct any river,

3080

creek, canal, pass, bayou or other waterway in this state by

3081

placing or setting therein any screen, net, seine, rack, wire or

3082

other device, or to use, set, or place any net or seine or

3083

similar device of any kind, either singularly or in rotation or

3084

one behind another in any manner whatsoever so as to prevent the

3085

free passage of fish.

3086

(b) It is unlawful for any person, while fishing or

3087

attempting to fish for shrimp or saltwater fish, to attach or

3088

otherwise secure a frame net, trawl net, trap net, or similar

3089

device to any state road bridge or associated structure situated

3090

over any saltwater body or to use more than one such net or

3091

device while fishing from such bridge or structure. For the

3092

purposes of this paragraph, a "frame net" is any net similar to

3093

a hoop net, the mouth of which is held open by a frame, with a

3094

trailing mesh net, of any size. Cast nets, dip nets, and similar

3095

devices are specifically excluded from the operation of this

3096

paragraph.

3097

(3) USE OF PURSE SEINES, GILL NETS, POUND NETS, ETC.--No

3098

person may take food fish within or without the waters of this

3099

state with a purse seine, purse gill net, or other net using

3100

rings or other devices on the lead line thereof, through which a

3101

purse line is drawn, or pound net, or have any food fish so

3102

taken in his or her possession for sale or shipment. The

3103

provisions of this section shall not apply to shrimp nets or to

3104

pound nets or purse seines when used for the taking of tuna or

3105

menhaden fish only.

3106

(4) RETURN OF FISH TO WATER.--All persons taking food fish

3107

from any of the waters of this state by use of seines, nets, or

3108

other fishing devices and not using any of such fish because of

3109

size or other reasons shall immediately release and return such

3110

fish alive to the water from which taken and no such fish may be

3111

placed or deposited on any bank, shore, beach or other place out

3112

of the water.

3113

~~(5) THROWING EXPLOSIVES OR USE OF FIREARMS IN WATER FOR~~

3114

~~PURPOSE OF KILLING FOOD FISH PROHIBITED.--No person may throw or~~

3115

~~cause to be thrown, into any of the waters of this state, any~~

3116

~~dynamite, lime, other explosives or discharge any firearms~~

3117

~~whatsoever for the purpose of killing food fish therein. The~~

3118

~~landing ashore or possession on the water by any person of any~~

3119

~~food fish that has been damaged by explosives or the landing of~~

3120

~~headless jewfish or grouper, if the grouper is taken for~~

3121

~~commercial use, is prima facie evidence of violation of this~~

3122

~~section.~~

3123

(5)~~(6)~~ SEINES, POCKET BUNTS.--In any counties where seines

3124

are not prohibited on the open gulf or Atlantic Ocean, such

3125

seines may have a pocket bunt on the middle of the seine of a

3126

mesh size less than that provided by law.

3127

(6)~~(7)~~ ~~ILLEGAL~~ USE OF POISONS, DRUGS, OR CHEMICALS.--

3128

~~(a) It is unlawful for any person to place poisons, drugs,~~

3129

~~or other chemicals in the marine waters of this state unless~~

3130

~~that person has first obtained a special activity license for~~

3131

~~such use pursuant to s. 370.06 from the Fish and Wildlife~~

3132

~~Conservation Commission.~~

3133

~~(b)~~ Upon application on forms furnished by the commission,

3134

the commission may issue a license to use poisons, drugs, or

3135

other chemicals in the marine waters of this state for the

3136

purpose of capturing live marine species. The application and

3137

license shall specify the area in which collecting will be done;

3138

the drugs, chemicals, or poisons to be used; and the maximum

3139

amounts and concentrations at each sampling.

3140

(7)~~(8)~~ PENALTIES.--A commercial harvester who violates

3141

this section shall be punished under s. 379.407 ~~370.021~~. Any

3142

other person who violates this section commits a Level Two

3143

violation under s. 379.401 ~~372.83~~.

3144

Section 68. Section 370.093, Florida Statutes, is

3145

renumbered as section 379.2422, Florida Statutes, and amended to

3146

read:

3147

379.2422 ~~370.093~~ Illegal use of nets.--

3148

(1) It is unlawful to take or harvest, or to attempt to

3149

take or harvest, any marine life in Florida waters with any net

3150

that is not consistent with the provisions of s. 16, Art. X of

3151

the State Constitution.

3152

(2)(a) Beginning July 1, 1998, it is also unlawful to take

3153

or harvest, or to attempt to take or harvest, any marine life in

3154

Florida waters with any net, as defined in subsection (3) and

3155

any attachments to such net, that combined are larger than 500

3156

square feet and have not been expressly authorized for such use

3157

by rule of the Fish and Wildlife Conservation Commission. The

3158

use of currently legal shrimp trawls and purse seines outside

3159

nearshore and inshore Florida waters shall continue to be legal

3160

until the commission implements rules regulating those types of

3161

gear.

3162

(b) The use of gill or entangling nets of any size is

3163

prohibited, as such nets are defined in s. 16, Art. X of the

3164

State Constitution. Any net constructed wholly or partially of

3165

monofilament or multistrand monofilament material, other than a

3166

hand thrown cast net, or a handheld landing or dip net, shall be

3167

considered to be an entangling net within the prohibition of s.

3168

16, Art. X of the State Constitution unless specifically

3169

authorized by rule of the commission. Multistrand monofilament

3170

material shall not be defined to include nets constructed of

3171

braided or twisted nylon, cotton, linen twine, or polypropylene

3172

twine.

3173

3174

aquaculture activities licenses issued pursuant to s. 379.2523

3175

~~370.26~~.

3176

(3) As used in s. 16, Art. X of the State Constitution and

3177

this subsection, the term "net" or "netting" must be broadly

3178

construed to include all manner or combination of mesh or

3179

webbing or any other solid or semisolid fabric or other material

3180

used to comprise a device that is used to take or harvest marine

3181

life.

3182

(4) Upon the arrest of any person for violation of this

3183

subsection, the arresting officer shall seize the nets illegally

3184

used. Upon conviction of the offender, the arresting authority

3185

shall destroy the nets.

3186

(5) Any person who violates this section shall be punished

3187

as provided in s. 379.407(3) ~~370.021(3)~~.

3188

(6) The Fish and Wildlife Conservation Commission is

3189

granted authority to adopt rules pursuant to s. 379.2401 ~~370.025~~

3190

implementing this section and the prohibitions and restrictions

3191

of s. 16, Art. X of the State Constitution.

3192

Section 69. Section 370.092, Florida Statutes, is

3193

renumbered as section 379.2423, Florida Statutes, and amended to

3194

read:

3195

379.2423 ~~370.092~~ Carriage of proscribed nets across

3196

Florida waters.--

3197

(1) This section applies to all vessels containing or

3198

otherwise transporting in or on Florida waters any gill net or

3199

other entangling net and to all vessels containing or otherwise

3200

transporting in or on Florida waters any net containing more

3201

than 500 square feet of mesh area the use of which is restricted

3202

or prohibited by s. 16, Art. X of the State Constitution. This

3203

section does not apply to vessels containing or otherwise

3204

transporting in or on Florida waters dry nets which are rolled,

3205

folded, or otherwise properly stowed in sealed containers so as

3206

to make their immediate use as fishing implements impracticable.

3207

(2) Every vessel containing or otherwise transporting in

3208

or on Florida waters any gill net or other entangling net and

3209

every vessel containing or otherwise transporting in or on

3210

nearshore and inshore Florida waters any net containing more

3211

than 500 square feet of mesh area shall proceed as directly,

3212

continuously, and expeditiously as possible from the place where

3213

the vessel is regularly docked, moored, or otherwise stored to

3214

waters where the use of said nets is lawful and from waters

3215

where the use of said nets is lawful back to the place where the

3216

vessel is regularly docked, moored, or otherwise stored or back

3217

to the licensed wholesale dealer where the catch is to be sold.

3218

Exceptions shall be provided for docked vessels, for vessels

3219

which utilize nets in a licensed aquaculture operation, and for

3220

vessels containing trawl nets as long as the trawl's doors or

3221

frame are not deployed in the water. Otherwise, hovering,

3222

drifting, and other similar activities inconsistent with the

3223

direct, continuous, and expeditious transit of such vessels

3224

shall be evidence of the unlawful use of such nets. The presence

3225

of fish in such a net is not evidence of the unlawful use of the

3226

net if the vessel is otherwise in compliance with this section.

3227

(3) Notwithstanding subsections (1) and (2), unless

3228

authorized by rule of the Fish and Wildlife Conservation

3229

Commission, it is a major violation under this section,

3230

punishable as provided in s. 379.407(3) ~~370.021(3)~~, for any

3231

person, firm, or corporation to possess any gill or entangling

3232

net, or any seine net larger than 500 square feet in mesh area,

3233

on any airboat or on any other vessel less than 22 feet in

3234

length and on any vessel less than 25 feet if primary power of

3235

the vessel is mounted forward of the vessel center point. Gill

3236

or entangling nets shall be as defined in s. 16, Art. X of the

3237

State Constitution, s. 379.2422(2)(b) ~~370.093(2)(b)~~, or in a

3238

rule of the Fish and Wildlife Conservation Commission

3239

implementing s. 16, Art. X of the State Constitution. Vessel

3240

length shall be determined in accordance with current United

3241

States Coast Guard regulations specified in the Code of Federal

3242

Regulations or as titled by the State of Florida. The Marine

3243

Fisheries Commission is directed to initiate by July 1, 1998,

3244

rulemaking to adjust by rule the use of gear on vessels longer

3245

than 22 feet where the primary power of the vessel is mounted

3246

forward of the vessel center point in order to prevent the

3247

illegal use of gill and entangling nets in state waters and to

3248

provide reasonable opportunities for the use of legal net gear

3249

in adjacent federal waters.

3250

(4) The Fish and Wildlife Conservation Commission shall

3251

adopt rules to prohibit the possession and sale of mullet taken

3252

in illegal gill or entangling nets. Violations of such rules

3253

shall be punishable as provided in s. 379.407(3) ~~370.021(3)~~.

3254

(5) The commission has authority to adopt rules pursuant

3255

to ss. 120.536(1) and 120.54 to implement the provisions of this

3256

section.

3257

Section 70. Subsection (1) of section 370.143, Florida

3258

Statutes, is renumbered as section 379.2424, Florida Statutes,

3259

and amended to read:

3260

379.2424 Retrieval of spiny lobster, stone crab, blue

3261

crab, and black sea bass traps during closed season; commission

3262

authority.--

3263

~~(1)~~ The Fish and Wildlife Conservation Commission is

3264

authorized to implement a trap retrieval program for retrieval

3265

of spiny lobster, stone crab, blue crab, and black sea bass

3266

traps remaining in the water during the closed season for each

3267

species. The commission is authorized to contract with outside

3268

agents for the program operation.

3269

Section 71. Section 370.172, Florida Statutes, is

3270

renumbered as section 379.2425, Florida Statutes, to read:

3271

379.2425 ~~370.172~~ Spearfishing; definition; limitations;

3272

penalty.--

3273

(1) For the purposes of this section, "spearfishing" means

3274

the taking of any saltwater fish through the instrumentality of

3275

a spear, gig, or lance operated by a person swimming at or below

3276

the surface of the water.

3277

(2)(a) Spearfishing is prohibited within the boundaries of

3278

the John Pennekamp Coral Reef State Park, the waters of Collier

3279

County, and the area in Monroe County known as Upper Keys, which

3280

includes all salt waters under the jurisdiction of the Fish and

3281

Wildlife Conservation Commission beginning at the county line

3282

between Dade and Monroe Counties and running south, including

3283

all of the keys down to and including Long Key.

3284

(b) For the purposes of this subsection, the possession in

3285

the water of a spear, gig, or lance by a person swimming at or

3286

below the surface of the water in a prohibited area is prima

3287

facie evidence of a violation of the provisions of this

3288

subsection regarding spearfishing.

3289

(3) The Fish and Wildlife Conservation Commission shall

3290

have the power to establish restricted areas when it is

3291

determined that safety hazards exist or when needs are

3292

determined by biological findings. Restricted areas shall be

3293

established only after an investigation has been conducted and

3294

upon application by the governing body of the county or

3295

municipality in which the restricted areas are to be located and

3296

one publication in a local newspaper of general circulation in

3297

said county or municipality in addition to any other notice

3298

required by law. Prior to promulgation of regulations, the local

3299

governing body of the area affected shall agree to post and

3300

maintain notices in the area affected.

3301

Section 72. Section 370.12, Florida Statutes, is

3302

renumbered as section 379.2431, Florida Statutes, and amended to

3303

read:

3304

379.2431 ~~370.12~~ Marine animals; regulation.--

3305

(1) PROTECTION OF MARINE TURTLES.--

3306

(a) This subsection may be cited as the "Marine Turtle

3307

Protection Act."

3308

(b) The Legislature intends, pursuant to the provisions of

3309

this subsection, to ensure that the Fish and Wildlife

3310

Conservation Commission has the appropriate authority and

3311

resources to implement its responsibilities under the recovery

3312

plans of the United States Fish and Wildlife Service for the

3313

following species of marine turtle:

3314

1. Atlantic loggerhead turtle (Caretta caretta).

3315

2. Atlantic green turtle (Chelonia mydas).

3316

3. Leatherback turtle (Dermochelys coriacea).

3317

4. Atlantic hawksbill turtle (Eretmochelys imbricata).

3318

5. Atlantic ridley turtle (Lepidochelys kempi).

3319

3320

the following meanings:

3321

1. A "properly accredited person" is:

3322

a. Students of colleges or universities whose studies with

3323

saltwater animals are under the direction of their teacher or

3324

professor; or

3325

b. Scientific or technical faculty of public or private

3326

colleges or universities; or

3327

c. Scientific or technical employees of private research

3328

institutions and consulting firms; or

3329

d. Scientific or technical employees of city, county,

3330

state, or federal research or regulatory agencies; or

3331

e. Members in good standing or recognized and properly

3332

chartered conservation organizations, the Audubon Society, or

3333

the Sierra Club; or

3334

f. Persons affiliated with aquarium facilities or museums,

3335

or contracted as an agent therefor, which are open to the public

3336

with or without an admission fee; or

3337

g. Persons without specific affiliations listed above, but

3338

who are recognized by the commission for their contributions to

3339

marine conservation such as scientific or technical

3340

publications, or through a history of cooperation with the

3341

commission in conservation programs such as turtle nesting

3342

surveys, or through advanced educational programs such as high

3343

school marine science centers.

3344

2. "Take" means an act that actually kills or injures

3345

marine turtles, and includes significant habitat modification or

3346

degradation that kills or injures marine turtles by

3347

significantly impairing essential behavioral patterns, such as

3348

breeding, feeding, or sheltering.

3349

(d) Except as authorized in this paragraph, or unless

3350

otherwise provided by the Federal Endangered Species Act or its

3351

implementing regulations, a person, firm, or corporation may

3352

not:

3353

1. Knowingly possess the eggs of any marine turtle species

3354

described in this subsection.

3355

2. Knowingly take, disturb, mutilate, destroy, cause to be

3356

destroyed, transfer, sell, offer to sell, molest, or harass any

3357

marine turtles or the eggs or nest of any marine turtles

3358

described in this subsection.

3359

3. The commission may issue a special permit or loan

3360

agreement to any person, firm, or corporation, to enable the

3361

holder to possess a marine turtle or parts thereof, including

3362

nests, eggs, or hatchlings, for scientific, education, or

3363

exhibition purposes, or for conservation activities such as the

3364

relocation of nests, eggs, or marine turtles away from

3365

construction sites. Notwithstanding other provisions of law, the

3366

commission may issue such special permit or loan agreement to

3367

any properly accredited person as defined in paragraph (c) for

3368

the purposes of marine turtle conservation.

3369

4. The commission shall have the authority to adopt rules

3370

pursuant to chapter 120 to prescribe terms, conditions, and

3371

restrictions for marine turtle conservation, and to permit the

3372

possession of marine turtles or parts thereof.

3373

(e)1. Any person, firm, or corporation that commits any

3374

act prohibited in paragraph (d) involving any egg of any marine

3375

turtle species described in this subsection shall pay a penalty

3376

of $100 per egg in addition to other penalties provided in this

3377

paragraph.

3378

2. Any person, firm, or corporation that illegally

3379

possesses 11 or fewer of any eggs of any marine turtle species

3380

described in this subsection commits a first degree misdemeanor,

3381

punishable as provided in ss. 775.082 and 775.083.

3382

3. For a second or subsequent violation of subparagraph

3383

2., any person, firm, or corporation that illegally possesses 11

3384

or fewer of any eggs of any marine turtle species described in

3385

this subsection commits a third degree felony, punishable as

3386

provided in s. 775.082, s. 775.083, or s. 775.084.

3387

4. Any person, firm, or corporation that illegally

3388

possesses more than 11 of any eggs of any marine turtle species

3389

described in this subsection commits a third degree felony,

3390

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3391

5. Any person, firm, or corporation that illegally takes,

3392

disturbs, mutilates, destroys, causes to be destroyed,

3393

transfers, sells, offers to sell, molests, or harasses any

3394

marine turtle species, or the eggs or nest of any marine turtle

3395

species as described in this subsection, commits a third degree

3396

felony, punishable as provided in s. 775.082, s. 775.083, or s.

3397

775.084.

3398

6. Notwithstanding s. 777.04, any person, firm, or

3399

corporation that solicits or conspires with another person,

3400

firm, or corporation, to commit an act prohibited by this

3401

subsection commits a felony of the third degree, punishable as

3402

provided in s. 775.082, s. 775.083, or s. 775.084.

3403

7. The proceeds from the penalties assessed pursuant to

3404

this paragraph shall be deposited into the Marine Resources

3405

Conservation Trust Fund.

3406

(f) Any application for a Department of Environmental

3407

Protection permit or other type of approval for an activity that

3408

affects marine turtles or their nests or habitat shall be

3409

subject to conditions and requirements for marine turtle

3410

protection as part of the permitting or approval process.

3411

(g) The Department of Environmental Protection may

3412

condition the nature, timing, and sequence of construction of

3413

permitted activities to provide protection to nesting marine

3414

turtles and hatchlings and their habitat pursuant to the

3415

provisions of s. 161.053(5). When the department is considering

3416

a permit for a beach restoration, beach renourishment, or inlet

3417

sand transfer project and the applicant has had an active marine

3418

turtle nest relocation program or the applicant has agreed to

3419

and has the ability to administer a program, the department must

3420

not restrict the timing of the project. Where appropriate, the

3421

department, in accordance with the applicable rules of the Fish

3422

and Wildlife Conservation Commission, shall require as a

3423

condition of the permit that the applicant relocate and monitor

3424

all turtle nests that would be affected by the beach

3425

restoration, beach renourishment, or sand transfer activities.

3426

Such relocation and monitoring activities shall be conducted in

3427

a manner that ensures successful hatching. This limitation on

3428

the department's authority applies only on the Atlantic coast of

3429

Florida.

3430

(h) The department shall recommend denial of a permit

3431

application if the activity would result in a "take" as defined

3432

in this subsection, unless, as provided for in the federal

3433

Endangered Species Act and its implementing regulations, such

3434

taking is incidental to, and not the purpose of, the carrying

3435

out of an otherwise lawful activity.

3436

(i) The department shall give special consideration to

3437

beach preservation and beach nourishment projects that restore

3438

habitat of endangered marine turtle species. Nest relocation

3439

shall be considered for all such projects in urbanized areas.

3440

When an applicant for a beach restoration, beach renourishment,

3441

or inlet sand transfer project has had an active marine turtle

3442

nest relocation program or the applicant has agreed to have and

3443

has the ability to administer a program, the department in

3444

issuing a permit for a project must not restrict the timing of

3445

the project. Where appropriate, the department, in accordance

3446

with the applicable rules of the Fish and Wildlife Conservation

3447

Commission, shall require as a condition of the permit that the

3448

applicant relocate and monitor all turtle nests that would be

3449

affected by the beach restoration, beach renourishment, or sand

3450

transfer activities. Such relocation and monitoring activities

3451

shall be conducted in a manner that ensures successful hatching.

3452

This limitation on the department's authority applies only on

3453

the Atlantic coast of Florida.

3454

(2) PROTECTION OF MANATEES OR SEA COWS.--

3455

(a) This subsection shall be known and may be cited as the

3456

"Florida Manatee Sanctuary Act."

3457

(b) The State of Florida is hereby declared to be a refuge

3458

and sanctuary for the manatee, the "Florida state marine

3459

mammal." The protections extended to and authorized on behalf of

3460

the manatee by this act are independent of, and therefore are

3461

not contingent upon, its status as a state or federal listed

3462

species.

3463

3464

is satisfied that the interest of science will be subserved, and

3465

that the application for a permit to possess a manatee or sea

3466

cow (Trichechus manatus) is for a scientific or propagational

3467

purpose and should be granted, and after concurrence by the

3468

United States Department of the Interior, the commission may

3469

grant to any person making such application a special permit to

3470

possess a manatee or sea cow, which permit shall specify the

3471

exact number which shall be maintained in captivity.

3472

(d) Except as may be authorized by the terms of a valid

3473

state permit issued pursuant to paragraph (c) or by the terms of

3474

a valid federal permit, it is unlawful for any person at any

3475

time, by any means, or in any manner intentionally or

3476

negligently to annoy, molest, harass, or disturb or attempt to

3477

molest, harass, or disturb any manatee; injure or harm or

3478

attempt to injure or harm any manatee; capture or collect or

3479

attempt to capture or collect any manatee; pursue, hunt, wound,

3480

or kill or attempt to pursue, hunt, wound, or kill any manatee;

3481

or possess, literally or constructively, any manatee or any part

3482

of any manatee.

3483

(e) Any gun, net, trap, spear, harpoon, boat of any kind,

3484

aircraft, automobile of any kind, other motorized vehicle,

3485

chemical, explosive, electrical equipment, scuba or other

3486

subaquatic gear, or other instrument, device, or apparatus of

3487

any kind or description used in violation of any provision of

3488

paragraph (d) may be forfeited upon conviction. The foregoing

3489

provisions relating to seizure and forfeiture of vehicles,

3490

vessels, equipment, or supplies do not apply when such vehicles,

3491

vessels, equipment, or supplies are owned by, or titled in the

3492

name of, innocent parties; and such provisions shall not vitiate

3493

any valid lien, retain title contract, or chattel mortgage on

3494

such vehicles, vessels, equipment, or supplies if such lien,

3495

retain title contract, or chattel mortgage is property of public

3496

record at the time of the seizure.

3497

(f)1. Except for emergency rules adopted under s. 120.54,

3498

all proposed rules of the commission for which a notice of

3499

intended agency action is filed proposing to govern the speed

3500

and operation of motorboats for purposes of manatee protection

3501

shall be submitted to the counties in which the proposed rules

3502

will take effect for review by local rule review committees.

3503

2. No less than 60 days prior to filing a notice of rule

3504

development in the Florida Administrative Weekly, as provided in

3505

s. 120.54(3)(a), the commission shall notify the counties for

3506

which a rule to regulate the speed and operation of motorboats

3507

for the protection of manatees is proposed. A county so notified

3508

shall establish a rule review committee or several counties may

3509

combine rule review committees.

3510

3. The county commission of each county in which a rule to

3511

regulate the speed and operation of motorboats for the

3512

protection of manatees is proposed shall designate a rule review

3513

committee. The designated voting membership of the rule review

3514

committee must be comprised of waterway users, such as fishers,

3515

boaters, water skiers, other waterway users, as compared to the

3516

number of manatee and other environmental advocates. A county

3517

commission may designate an existing advisory group as the rule

3518

review committee. With regard to each committee, fifty percent

3519

of the voting members shall be manatee advocates and other

3520

environmental advocates, and fifty percent of the voting members

3521

shall be waterway users.

3522

4. The county shall invite other state, federal, county,

3523

municipal, or local agency representatives to participate as

3524

nonvoting members of the local rule review committee.

3525

5. The county shall provide logistical and administrative

3526

staff support to the local rule review committee and may request

3527

technical assistance from commission staff.

3528

6. Each local rule review committee shall elect a chair

3529

and recording secretary from among its voting members.

3530

7. Commission staff shall submit the proposed rule and

3531

supporting data used to develop the rule to the local rule

3532

review committees.

3533

8. The local rule review committees shall have 60 days

3534

from the date of receipt of the proposed rule to submit a

3535

written report to commission members and staff. The local rule

3536

review committees may use supporting data supplied by the

3537

commission, as well as public testimony which may be collected

3538

by the committee, to develop the written report. The report may

3539

contain recommended changes to proposed manatee protection zones

3540

or speed zones, including a recommendation that no rule be

3541

adopted, if that is the decision of the committee.

3542

9. Prior to filing a notice of proposed rulemaking in the

3543

Florida Administrative Weekly as provided in s. 120.54(3)(a),

3544

the commission staff shall provide a written response to the

3545

local rule review committee reports to the appropriate counties,

3546

to the commission members, and to the public upon request.

3547

10. In conducting a review of the proposed manatee

3548

protection rule, the local rule review committees may address

3549

such factors as whether the best available scientific

3550

information supports the proposed rule, whether seasonal zones

3551

are warranted, and such other factors as may be necessary to

3552

balance manatee protection and public access to and use of the

3553

waters being regulated under the proposed rule.

3554

11. The written reports submitted by the local rule review

3555

committees shall contain a majority opinion. If the majority

3556

opinion is not unanimous, a minority opinion shall also be

3557

included.

3558

12. The members of the commission shall fully consider any

3559

timely submitted written report submitted by a local rule review

3560

committee prior to authorizing commission staff to move forward

3561

with proposed rulemaking and shall fully consider any timely

3562

submitted subsequent reports of the committee prior to adoption

3563

of a final rule. The written reports of the local rule review

3564

committees and the written responses of the commission staff

3565

shall be part of the rulemaking record and may be submitted as

3566

evidence regarding the committee's recommendations in any

3567

proceeding relating to a rule proposed or adopted pursuant to

3568

this subsection.

3569

13. The commission is relieved of any obligations

3570

regarding the local rule review committee process created in

3571

this paragraph if a timely noticed county commission fails to

3572

timely designate the required rule review committee.

3573

(g) In order to protect manatees or sea cows from harmful

3574

collisions with motorboats or from harassment, the Fish and

3575

Wildlife Conservation Commission is authorized, in addition to

3576

all other authority, to provide a permitting agency with

3577

comments regarding the expansion of existing, or the

3578

construction of new, marine facilities and mooring or docking

3579

slips, by the addition or construction of five or more powerboat

3580

slips. The commission shall adopt rules under chapter 120

3581

regulating the operation and speed of motorboat traffic only

3582

where manatee sightings are frequent and the best available

3583

scientific information, as well as other available, relevant,

3584

and reliable information, which may include but is not limited

3585

to, manatee surveys, observations, available studies of food

3586

sources, and water depths, supports the conclusions that

3587

manatees inhabit these areas on a regular basis:

3588

1. In Lee County: the entire Orange River, including the

3589

Tice Florida Power and Light Corporation discharge canal and

3590

adjoining waters of the Caloosahatchee River within 1 mile of

3591

the confluence of the Orange and Caloosahatchee Rivers.

3592

2. In Brevard County: those portions of the Indian River

3593

within three-fourths of a mile of the Orlando Utilities

3594

Commission Delespine power plant effluent and the Florida Power

3595

and Light Frontenac power plant effluents.

3596

3. In Indian River County: the discharge canals of the

3597

Vero Beach Municipal Power Plant and connecting waters within

3598

11/4 miles thereof.

3599

4. In St. Lucie County: the discharge of the Henry D. King

3600

Municipal Electric Station and connecting waters within 1 mile

3601

thereof.

3602

5. In Palm Beach County: the discharges of the Florida

3603

Power and Light Riviera Beach power plant and connecting waters

3604

within 11/2 miles thereof.

3605

6. In Broward County: the discharge canal of the Florida

3606

Power and Light Port Everglades power plant and connecting

3607

waters within 11/2 miles thereof and the discharge canal of the

3608

Florida Power and Light Fort Lauderdale power plant and

3609

connecting waters within 2 miles thereof. For purposes of

3610

ensuring the physical safety of boaters in a sometimes turbulent

3611

area, the area from the easternmost edge of the authorized

3612

navigation project of the intracoastal waterway east through the

3613

Port Everglades Inlet is excluded from this regulatory zone.

3614

7. In Citrus County: headwaters of the Crystal River,

3615

commonly referred to as King's Bay, and the Homosassa River.

3616

8. In Volusia County: Blue Springs Run and connecting

3617

waters of the St. Johns River within 1 mile of the confluence of

3618

Blue Springs and the St. Johns River; and Thompson Creek,

3619

Strickland Creek, Dodson Creek, and the Tomoka River.

3620

9. In Hillsborough County: that portion of the Alafia

3621

River from the main shipping channel in Tampa Bay to U.S.

3622

Highway 41.

3623

10. In Sarasota County: the Venice Inlet and connecting

3624

waters within 1 mile thereof, including Lyons Bay, Donna Bay,

3625

Roberts Bay, and Hatchett Creek, excluding the waters of the

3626

intracoastal waterway and the right-of-way bordering the

3627

centerline of the intracoastal waterway.

3628

11. In Collier County: within the Port of Islands, within

3629

section 9, township 52 south, range 28 east, and certain

3630

unsurveyed lands, all east-west canals and the north-south

3631

canals to the southerly extent of the intersecting east-west

3632

canals which lie southerly of the centerline of U.S. Highway 41.

3633

12. In Manatee County: that portion of the Manatee River

3634

east of the west line of section 17, range 19 east, township 34

3635

south; the Braden River south of the north line and east of the

3636

west line of section 29, range 18 east, township 34 south; Terra

3637

Ceia Bay and River, east of the west line of sections 26 and 35

3638

of range 17 east, township 33 south, and east of the west line

3639

of section 2, range 17 east, township 34 south; and Bishop

3640

Harbor east of the west line of section 13, range 17 east,

3641

township 33 south.

3642

13. In Miami-Dade County: those portions of Black Creek

3643

lying south and east of the water control dam, including all

3644

boat basins and connecting canals within 1 mile of the dam.

3645

(h) The Fish and Wildlife Conservation Commission shall

3646

adopt rules pursuant to chapter 120 regulating the operation and

3647

speed of motorboat traffic only where manatee sightings are

3648

frequent and the best available scientific information, as well

3649

as other available, relevant, and reliable information, which

3650

may include but is not limited to, manatee surveys,

3651

observations, available studies of food sources, and water

3652

depths, supports the conclusion that manatees inhabit these

3653

areas on a regular basis within that portion of the Indian River

3654

between the St. Lucie Inlet in Martin County and the Jupiter

3655

Inlet in Palm Beach County and within the Loxahatchee River in

3656

Palm Beach and Martin Counties, including the north and

3657

southwest forks thereof.

3658

(i) The commission shall adopt rules pursuant to chapter

3659

120 regulating the operation and speed of motorboat traffic only

3660

where manatee sightings are frequent and the best available

3661

scientific information, as well as other available, relevant,

3662

and reliable information, which may include but is not limited

3663

to, manatee surveys, observations, available studies of food

3664

sources, and water depths, supports the conclusion that manatees

3665

inhabit these areas on a regular basis within the Withlacoochee

3666

River and its tributaries in Citrus and Levy Counties. The

3667

specific areas to be regulated include the Withlacoochee River

3668

and the U.S. 19 bridge westward to a line between U.S. Coast

3669

Guard markers number 33 and number 34 at the mouth of the river,

3670

including all side channels and coves along that portion of the

3671

river; Bennets' Creek from its beginning to its confluence with

3672

the Withlacoochee River; Bird's Creek from its beginning to its

3673

confluence with the Withlacoochee River; and the two dredged

3674

canal systems on the north side of the Withlacoochee River

3675

southwest of Yankeetown.

3676

(j) If any new power plant is constructed or other source

3677

of warm water discharge is discovered within the state which

3678

attracts a concentration of manatees or sea cows, the commission

3679

is directed to adopt rules pursuant to chapter 120 regulating

3680

the operation and speed of motorboat traffic within the area of

3681

such discharge. Such rules shall designate a zone which is

3682

sufficient in size, and which shall remain in effect for a

3683

sufficient period of time, to protect the manatees or sea cows.

3684

(k) It is the intent of the Legislature to allow the Fish

3685

and Wildlife Conservation Commission to post and regulate boat

3686

speeds only where the best available scientific information, as

3687

well as other available, relevant, and reliable information,

3688

which may include but is not limited to, manatee surveys,

3689

observations, available studies of food sources, and water

3690

depth, supports the conclusion that manatees inhabit these areas

3691

on a periodic basis. It is not the intent of the Legislature to

3692

permit the commission to post and regulate boat speeds generally

3693

throughout the waters of the state, thereby unduly interfering

3694

with the rights of fishers, boaters, and water skiers using the

3695

areas for recreational and commercial purposes. The Legislature

3696

further intends that the commission may identify and designate

3697

limited lanes or corridors providing for reasonable motorboat

3698

speeds within waters of the state whenever such lanes and

3699

corridors are consistent with manatee protection.

3700

(l) The commission shall adopt rules pursuant to chapter

3701

120 regulating the operation and speed of motorboat traffic all

3702

year around within Turkey Creek and its tributaries and within

3703

Manatee Cove in Brevard County. The specific areas to be

3704

regulated consist of:

3705

1. A body of water which starts at Melbourne-Tillman

3706

Drainage District structure MS-1, section 35, township 28 south,

3707

range 37 east, running east to include all natural waters and

3708

tributaries of Turkey Creek, section 26, township 28 south,

3709

range 37 east, to the confluence of Turkey Creek and the Indian

3710

River, section 24, township 28 south, range 37 east, including

3711

all lagoon waters of the Indian River bordered on the west by

3712

Palm Bay Point, the north by Castaway Point, the east by the

3713

four immediate spoil islands, and the south by Cape Malabar,

3714

thence northward along the shoreline of the Indian River to Palm

3715

Bay Point.

3716

2. A triangle-shaped body of water forming a cove

3717

(commonly referred to as Manatee Cove) on the east side of the

3718

Banana River, with northern boundaries beginning and running

3719

parallel to the east-west cement bulkhead located 870 feet south

3720

of SR 520 Relief Bridge in Cocoa Beach and with western

3721

boundaries running in line with the City of Cocoa Beach channel

3722

markers 121 and 127 and all waters east of these boundaries in

3723

section 34, township 24 south, range 37 east; the center

3724

coordinates of this cove are 28°20'14" north, 80°35'17" west.

3725

(m) The commission shall promulgate regulations pursuant

3726

to chapter 120 relating to the operation and speed of motor boat

3727

traffic in port waters with due regard to the safety

3728

requirements of such traffic and the navigational hazards

3729

related to the movement of commercial vessels.

3730

(n) The commission may designate by rule adopted pursuant

3731

to chapter 120 other portions of state waters where manatees are

3732

frequently sighted and the best available scientific

3733

information, as well as other available, relevant, and reliable

3734

information, which may include but is not limited to, manatee

3735

surveys, observations, available studies of food sources, and

3736

water depths, supports the conclusion that manatees inhabit such

3737

waters periodically. Upon designation of such waters, the

3738

commission shall adopt rules pursuant to chapter 120 to regulate

3739

motorboat speed and operation which are necessary to protect

3740

manatees from harmful collisions with motorboats and from

3741

harassment. The commission may adopt rules pursuant to chapter

3742

120 to protect manatee habitat, such as seagrass beds, within

3743

such waters from destruction by boats or other human activity.

3744

Such rules shall not protect noxious aquatic plants subject to

3745

control under s. 369.20.

3746

(o) The commission may designate, by rule adopted pursuant

3747

to chapter 120, limited areas as a safe haven for manatees to

3748

rest, feed, reproduce, give birth, or nurse undisturbed by human

3749

activity. Access by motor boat to private residences, boat

3750

houses, and boat docks through these areas by residents, and

3751

their authorized guests, who must cross one of these areas to

3752

have water access to their property is permitted when the

3753

motorboat is operated at idle speed, no wake.

3754

(p) Except in the marked navigation channel of the Florida

3755

Intracoastal Waterway as defined in s. 327.02 and the area

3756

within 100 feet of such channel, a local government may

3757

regulate, by ordinance, motorboat speed and operation on waters

3758

within its jurisdiction where the best available scientific

3759

information, as well as other available, relevant, and reliable

3760

information, which may include but is not limited to, manatee

3761

surveys, observations, available studies of food sources, and

3762

water depths, supports the conclusion that manatees inhabit

3763

these areas on a regular basis. However, such an ordinance may

3764

not take effect until it has been reviewed and approved by the

3765

commission. If the commission and a local government disagree on

3766

the provisions of an ordinance, a local manatee protection

3767

committee must be formed to review the technical data of the

3768

commission and the United States Fish and Wildlife Service, and

3769

to resolve conflicts regarding the ordinance. The manatee

3770

protection committee must be comprised of:

3771

1. A representative of the commission;

3772

2. A representative of the county;

3773

3. A representative of the United States Fish and Wildlife

3774

Service;

3775

4. A representative of a local marine-related business;

3776

5. A representative of the Save the Manatee Club;

3777

6. A local fisher;

3778

7. An affected property owner; and

3779

8. A representative of the Florida Marine Patrol.

3780

3781

If local and state regulations are established for the same

3782

area, the more restrictive regulation shall prevail.

3783

(q) The commission shall evaluate the need for use of

3784

fenders to prevent crushing of manatees between vessels (100' or

3785

larger) and bulkheads or wharves in counties where manatees have

3786

been crushed by such vessels. For areas in counties where

3787

evidence indicates that manatees have been crushed between

3788

vessels and bulkheads or wharves, the commission shall:

3789

1. Adopt rules pursuant to chapter 120 requiring use of

3790

fenders for construction of future bulkheads or wharves; and

3791

2. Implement a plan and time schedule to require

3792

retrofitting of existing bulkheads or wharves consistent with

3793

port bulkhead or wharf repair or replacement schedules.

3794

3795

The fenders shall provide sufficient standoff from the bulkhead

3796

or wharf under maximum operational compression to ensure that

3797

manatees cannot be crushed between the vessel and the bulkhead

3798

or wharf.

3799

(r) Any violation of a restricted area established by this

3800

subsection, or established by rule pursuant to chapter 120 or

3801

ordinance pursuant to this subsection, shall be considered a

3802

violation of the boating laws of this state and shall be charged

3803

on a uniform boating citation as provided in s. 327.74, except

3804

as otherwise provided in paragraph (s). Any person who refuses

3805

to post a bond or accept and sign a uniform boating citation

3806

shall, as provided in s. 327.73(3), be guilty of a misdemeanor

3807

of the second degree, punishable as provided in s. 775.082 or s.

3808

775.083.

3809

(s) Except as otherwise provided in this paragraph, any

3810

person violating the provisions of this subsection or any rule

3811

or ordinance adopted pursuant to this subsection commits a

3812

misdemeanor, punishable as provided in s. 379.407(1)(a) or (b)

3813

~~370.021(1)(a) or (b)~~.

3814

1. Any person operating a vessel in excess of a posted

3815

speed limit shall be guilty of a civil infraction, punishable as

3816

provided in s. 327.73, except as provided in subparagraph 2.

3817

2. This paragraph does not apply to persons violating

3818

restrictions governing "No Entry" zones or "Motorboat

3819

Prohibited" zones, who, if convicted, shall be guilty of a

3820

misdemeanor, punishable as provided in s. 379.407(1)(a) or (b)

3821

~~370.021(1)(a) or (b)~~, or, if such violation demonstrates blatant

3822

or willful action, may be found guilty of harassment as

3823

described in paragraph (d).

3824

3. A person may engage in any activity otherwise

3825

prohibited by this subsection or any rule or ordinance adopted

3826

pursuant to this subsection if the activity is reasonably

3827

necessary in order to prevent the loss of human life or a vessel

3828

in distress due to weather conditions or other reasonably

3829

unforeseen circumstances, or in order to render emergency

3830

assistance to persons or a vessel in distress.

3831

(t)1. In order to protect manatees and manatee habitat,

3832

the counties identified in the Governor and Cabinet's October

3833

1989 Policy Directive shall develop manatee protection plans

3834

consistent with commission criteria based upon "Schedule K" of

3835

the directive, and shall submit such protection plans for review

3836

and approval by the commission. Any manatee protection plans not

3837

submitted by July 1, 2004, and any plans not subsequently

3838

approved by the commission shall be addressed pursuant to

3839

subparagraph 2.

3840

2. No later than January 1, 2005, the Fish and Wildlife

3841

Conservation Commission shall designate any county it has

3842

identified as a substantial risk county for manatee mortality as

3843

a county that must complete a manatee protection plan by July 1,

3844

2006. The commission is authorized to adopt rules pursuant to s.

3845

120.54 for identifying substantial risk counties and

3846

establishing criteria for approval of manatee protection plans

3847

for counties so identified. Manatee protection plans shall

3848

include the following elements at a minimum: education about

3849

manatees and manatee habitat; boater education; an assessment of

3850

the need for new or revised manatee protection speed zones;

3851

local law enforcement; and a boat facility siting plan to

3852

address expansion of existing and the development of new

3853

marinas, boat ramps, and other multislip boating facilities.

3854

3. Counties required to adopt manatee protection plans

3855

under this paragraph shall incorporate the boating facility

3856

siting element of those protection plans within their respective

3857

comprehensive plans.

3858

4. Counties that have already adopted approved manatee

3859

protection plans, or that adopt subsequently approved manatee

3860

protection plans by the effective date of this act, are in

3861

compliance with the provisions of this paragraph so long as they

3862

incorporate their approved boat facility siting plan into the

3863

appropriate element of their local comprehensive plan no later

3864

than July 1, 2003.

3865

(u)1. Existing state manatee protection rules shall be

3866

given great weight in determining whether additional rules are

3867

necessary in a region where the measurable goals developed

3868

pursuant to s. 379.2291 ~~372.072~~ have been achieved. However, the

3869

commission may amend existing rules or adopt new rules to

3870

address risks or circumstances in a particular area or waterbody

3871

to protect manatees.

3872

2. As used in this paragraph, the term "region" means one

3873

of the four geographic areas defined by the United States Fish

3874

and Wildlife Service in the Florida Manatee Recovery Plan, 3rd

3875

revision (October 30, 2001).

3876

(3) PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It is

3877

unlawful to catch, attempt to catch, molest, injure, kill, or

3878

annoy, or otherwise interfere with the normal activity and well-

3879

being of, mammalian dolphins (porpoises), except as may be

3880

authorized by a federal permit.

3881

(4) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

3882

(a) Each fiscal year the Save the Manatee Trust Fund shall

3883

be available to fund an impartial scientific benchmark census of

3884

the manatee population in the state. Weather permitting, the

3885

study shall be conducted annually by the Fish and Wildlife

3886

Conservation Commission and the results shall be made available

3887

to the President of the Senate, the Speaker of the House of

3888

Representatives, and the Governor and Cabinet for use in the

3889

evaluation and development of manatee protection measures. In

3890

addition, the Save the Manatee Trust Fund shall be available for

3891

annual funding of activities of public and private organizations

3892

and those of the commission intended to provide manatee and

3893

marine mammal protection and recovery effort; manufacture and

3894

erection of informational and regulatory signs; production,

3895

publication, and distribution of educational materials;

3896

participation in manatee and marine mammal research programs,

3897

including carcass salvage and other programs; programs intended

3898

to assist the recovery of the manatee as an endangered species,

3899

assist the recovery of the endangered or threatened marine

3900

mammals, and prevent the endangerment of other species of marine

3901

mammals; and other similar programs intended to protect and

3902

enhance the recovery of the manatee and other species of marine

3903

mammals.

3904

(b) By December 1 each year, the Fish and Wildlife

3905

Conservation Commission shall provide the President of the

3906

Senate and the Speaker of the House of Representatives a written

3907

report, enumerating the amounts and purposes for which all

3908

proceeds in the Save the Manatee Trust Fund for the previous

3909

fiscal year are expended, in a manner consistent with those

3910

recovery tasks enumerated within the manatee recovery plan as

3911

required by the Endangered Species Act.

3912

3913

manatee from status as an endangered or threatened species, the

3914

annual allocation may be reduced.

3915

(d) Up to 10 percent of the annual use fee deposited in

3916

the Save the Manatee Trust Fund from the sale of the manatee

3917

license plate authorized in s. 320.08058 may be used to promote

3918

and market the license plate issued by the Department of Highway

3919

Safety and Motor Vehicles after June 30, 2007.

3920

~~(e) During the 2007-2008 fiscal year, the annual use fee~~

3921

~~deposited into the Save the Manatee Trust Fund from the sale of~~

3922

~~the manatee license plate authorized in s. 320.08058 may be used~~

3923

~~by the commission to buy back any manatee license plates not~~

3924

~~issued by the Department of Highway Safety and Motor Vehicles.~~

3925

~~This paragraph expires July 1, 2008.~~

3926

Section 73. Section 370.1201, Florida Statutes, is

3927

renumbered as section, 379.2432, Florida Statutes, to read:

3928

379.2432 ~~370.1201~~ Manatee protection; intent; conduct of

3929

studies; initiatives and plans.--It is the intent of the

3930

Legislature that the commission request the necessary funding

3931

and staffing through a general revenue budget request to ensure

3932

that manatees receive the maximum protection possible. The

3933

Legislature recognizes that strong manatee protection depends

3934

upon consistently achieving a high degree of compliance with

3935

existing and future rules. The commission shall conduct

3936

standardized studies to determine levels of public compliance

3937

with manatee protection rules, and shall use the results of the

3938

studies, together with other relevant information, to develop

3939

and implement strategic law enforcement initiatives and boater

3940

education plans. Drawing upon information obtained from the

3941

compliance studies and the implementation of enforcement

3942

initiatives together with boater education plans, the commission

3943

shall identify any impediments in consistently achieving high

3944

levels of compliance, and adjust their enforcement and boater

3945

education efforts accordingly.

3946

Section 74. Section 370.1202, Florida Statutes, is

3947

renumbered as section 379.2433, Florida Statutes, to read:

3948

379.2433 ~~370.1202~~ Enhanced manatee protection study.--

3949

(1) The Fish and Wildlife Conservation Commission shall

3950

implement and administer an enhanced manatee protection study

3951

designed to increase knowledge of the factors that determine the

3952

size and distribution of the manatee population in the waters of

3953

the state. The enhanced study shall be used by the commission in

3954

its mission to provide manatees with the maximum protection

3955

possible, while also allowing maximum recreational use of the

3956

state's waterways. The goal of the enhanced study is to collect

3957

data that will enable resource managers and state and local

3958

policymakers, in consultation with the public, to develop and

3959

implement sound science-based policies to improve manatee

3960

habitat, establish manatee protection zones, and maximize the

3961

size of safe boating areas for recreational use of state waters

3962

without endangering the manatee population.

3963

(2)(a) As part of the enhanced manatee protection study,

3964

the Legislature intends that the commission shall contract with

3965

Mote Marine Laboratory to conduct a manatee habitat and

3966

submerged aquatic vegetation assessment that specifically

3967

considers:

3968

1. Manatee populations that congregate in the warm water

3969

discharge sites at power plants in the state and the potential

3970

risks for disease resulting from increased congregation of

3971

manatees at these sites;

3972

2. Development of research, monitoring, and submerged

3973

aquatic vegetation restoration priorities for manatee habitat in

3974

and near the warm water discharge sites at power plants in the

3975

state; and

3976

3. The potential impacts on manatees and manatee habitat

3977

if power plants that provide warm water discharge sites where

3978

manatees congregate are closed, including how closure will

3979

affect the size and health of submerged aquatic vegetation

3980

areas.

3981

(b) The Mote Marine Laboratory must submit an interim

3982

report on the manatee habitat and submerged aquatic vegetation

3983

assessment to the Governor, the Legislature, and the commission

3984

by September 1, 2006. The interim report must detail the

3985

progress of the assessment. The final report, due to the

3986

Governor, the Legislature, and the commission by January 1,

3987

2007, must detail the results of the assessment and include

3988

recommendations for protection of manatee habitat in warm water

3989

discharge sites at power plants in the state.

3990

3991

implement the manatee habitat and submerged aquatic vegetation

3992

assessment are expended in a manner that is consistent with the

3993

requirements of this subsection. The commission may require an

3994

annual audit of the expenditures made by Mote Marine Laboratory.

3995

Copies of any audit requested under this subsection must be

3996

provided to the appropriate substantive and appropriations

3997

committees of the Senate and the House of Representatives as

3998

they become available.

3999

(3) As part of the enhanced manatee protection study, the

4000

Legislature intends that the commission must conduct a signage

4001

and boat speed assessment to evaluate the effectiveness of

4002

manatee protection signs and sign placement and to assess boat

4003

speeds. The commission shall evaluate existing data on manatee

4004

mortality before and after existing manatee protection zones

4005

were established, boater compliance and comprehension of

4006

regulatory signs and buoys, changes in boating traffic patterns,

4007

and manatee distribution and behavior. The commission shall also

4008

provide recommendations on innovative marker designs that are in

4009

compliance with the federal aids to navigation system. The

4010

signage and boat speed assessment must address:

4011

(a) The effectiveness of signs and buoys to warn boaters

4012

of manatee slow-speed zones, with a goal of developing federally

4013

approved standards for marking manatee protection zones;

4014

(b) A determination of where buoys may be used in place of

4015

pilings for boating safety purposes; and

4016

4017

manatee zones to determine the most effective speed to balance

4018

safe boating, recreational use, vessel operating

4019

characteristics, and manatee protection.

4020

4021

The commission shall complete its signage and boat speed

4022

assessment by January 1, 2007, and must submit a report of its

4023

findings to the Governor, the President of the Senate, and the

4024

Speaker of the House of Representatives by February 1, 2007. The

4025

report must detail the results of the assessment and identify

4026

specific recommendations for developing state and local policies

4027

relating to the appropriate placement of signs, including

4028

innovative markers, in manatee slow-speed zones.

4029

(4) The commission is authorized to develop and implement

4030

the use of genetic tagging to improve its ability to assess the

4031

status and health of the manatee population, including the

4032

health and reproductive capacity of manatees, estimating annual

4033

survival rates through mark recapture studies, determining

4034

migration patterns, and determining maternity and paternity. The

4035

development and use of genetic tagging may be done in

4036

cooperation with federal agencies or other entities, such as

4037

genetic laboratories at schools within the State University

4038

System.

4039

Section 75. Section 370.10, Florida Statutes, is

4040

renumbered as section 379.244, Florida Statutes, to read:

4041

379.244 ~~370.10~~ Crustacea, marine animals, fish;

4042

regulations; general provisions.--

4043

(1) OWNERSHIP OF FISH, SPONGES, ETC.--All fish, shellfish,

4044

sponges, oysters, clams, and crustacea found within the rivers,

4045

creeks, canals, lakes, bayous, lagoons, bays, sounds, inlets,

4046

and other bodies of water within the jurisdiction of the state,

4047

and within the Gulf of Mexico and the Atlantic Ocean within the

4048

jurisdiction of the state, excluding all privately owned

4049

enclosed fish ponds not exceeding 150 acres, are the property of

4050

the state and may be taken and used by its citizens and persons

4051

not citizens, subject to the reservations and restrictions

4052

imposed by these statutes. No water bottoms owned by the state

4053

shall ever be sold, transferred, dedicated, or otherwise

4054

conveyed without reserving in the people the absolute right to

4055

fish thereon, except as otherwise provided in these statutes.

4056

(2) TAKING SALTWATER SPECIES FOR EXPERIMENTAL,

4057

AQUACULTURAL, SCIENTIFIC, EDUCATION, AND EXHIBITION

4058

PURPOSES.--Notwithstanding any other provisions of general or

4059

special law to the contrary, the Fish and Wildlife Conservation

4060

Commission may authorize, upon such terms, conditions, and

4061

restrictions as it may prescribe by rule, any properly

4062

accredited person to harvest or possess indigenous or

4063

nonindigenous saltwater species for experimental, scientific,

4064

education, and exhibition purposes or to harvest or possess

4065

reasonable quantities of aquacultural species for brood stock.

4066

Such authorizations may allow collection of specimens without

4067

regard to, and not limited to, size, seasonal closure,

4068

collection method, reproductive state, or bag limit.

4069

Authorizations issued under the provisions of this section may

4070

be suspended or revoked by the Fish and Wildlife Conservation

4071

Commission if it finds that the person has violated this

4072

section, Fish and Wildlife Conservation Commission rules or

4073

orders, or terms or conditions of the authorization or has

4074

submitted false or inaccurate information in his or her

4075

application.

4076

Section 76. Section 370.1405, Florida Statutes, is

4077

renumbered as section 379.245, Florida Statutes, and amended to

4078

read:

4079

379.245 ~~370.1405~~ Spiny lobster reports by dealers during

4080

closed season required.--

4081

(1) Within 3 days after the commencement of the closed

4082

season for the taking of spiny lobster, each and every seafood

4083

dealer, either retail or wholesale, intending to possess whole

4084

spiny lobster, spiny lobster tails, or spiny lobster meat during

4085

closed season shall submit to the Fish and Wildlife Conservation

4086

Commission, on forms provided by the commission, a sworn report

4087

of the quantity, in pounds, of whole spiny lobster, spiny

4088

lobster tails, and spiny lobster meat in the dealer's name or

4089

possession as of the date the season closed. This report shall

4090

state the location and number of pounds of whole spiny lobster,

4091

spiny lobster tails, and spiny lobster meat. The commission

4092

shall not accept any reports not delivered or postmarked by

4093

midnight of the 3rd calendar day after the commencement of the

4094

closed season, and any stocks of spiny lobster reported therein

4095

are declared a nuisance and may be seized by the commission.

4096

(2) Failure to submit a report as described in subsection

4097

(1) or reporting a greater or lesser amount of whole spiny

4098

lobster, spiny lobster tails, or spiny lobster meat than is

4099

actually in the dealer's possession or name is a major violation

4100

of this chapter, punishable as provided in s. 379.407(1),

4101

379.414 ~~370.021(1), s. 370.07(6)(b)~~, or both. The commission

4102

shall seize the entire supply of unreported or falsely reported

4103

whole spiny lobster, spiny lobster tails, or spiny lobster meat,

4104

and shall carry the same before the court for disposal. The

4105

dealer shall post a cash bond in the amount of the fair value of

4106

the entire quantity of unreported or falsely reported spiny

4107

lobster as determined by the judge. After posting the cash bond,

4108

the dealer shall have 24 hours to transport said products

4109

outside the limits of Florida for sale as provided by s. 379.337

4110

~~370.061~~. Otherwise, the product shall be declared a nuisance and

4111

disposed of by the commission according to law.

4112

(3) All dealers having reported stocks of spiny lobster

4113

may sell or offer to sell such stocks of spiny lobster; however,

4114

such dealers shall submit an additional report on the last day

4115

of each month during the duration of the closed season. Reports

4116

shall be made on forms supplied by the commission. Each dealer

4117

shall state on this report the number of pounds brought forward

4118

from the previous report period, the number of pounds sold

4119

during the report period, the number of pounds, if any, acquired

4120

from a licensed wholesale dealer during the report period, and

4121

the number of pounds remaining on hand. In every case, the

4122

amount of spiny lobster sold plus the amount reported on hand

4123

shall equal the amount acquired plus the amount reported

4124

remaining on hand in the last submitted report. Copies of

4125

records or invoices documenting the number of pounds acquired

4126

during the closed season must be maintained by the wholesale or

4127

retail dealer and shall be kept available for inspection by the

4128

commission for a period not less than 3 years from the date of

4129

the recorded transaction. Reports postmarked later than midnight

4130

on the 3rd calendar day of each month during the duration of the

4131

closed season will not be accepted by the commission. Dealers

4132

for which late supplementary reports are not accepted by the

4133

commission must show just cause why their entire stock of whole

4134

spiny lobster, spiny lobster tails, or spiny lobster meat should

4135

not be seized by the commission. Whenever a dealer fails to

4136

timely submit the monthly supplementary report as described in

4137

this subsection, the dealer may be subject to the following

4138

civil penalties:

4139

(a) For a first violation, the commission shall assess a

4140

civil penalty of $500.

4141

(b) For a second violation within the same spiny lobster

4142

closed season, the commission shall assess a civil penalty of

4143

$1,000.

4144

4145

closed season, the commission shall assess a civil penalty of

4146

$2,500 and may seize said dealer's entire stock of whole spiny

4147

lobster, spiny lobster tails, or spiny lobster meat and carry

4148

the same before the court for disposal. The dealer shall post a

4149

cash bond in the amount of the fair value of the entire

4150

remaining quantity of spiny lobster as determined by the judge.

4151

After posting the cash bond, a dealer shall have 24 hours to

4152

transport said products outside the limits of Florida for sale

4153

as provided by s. 379.337 ~~370.061~~. Otherwise, the product shall

4154

be declared a nuisance and disposed of by the commission

4155

according to law.

4156

(4) All seafood dealers shall at all times during the

4157

closed season make their stocks of whole spiny lobster, spiny

4158

lobster tails, or spiny lobster meat available for inspection by

4159

the commission.

4160

(5) Each wholesale and retail dealer in whole spiny

4161

lobster, spiny lobster tails, or spiny lobster meat shall keep

4162

throughout the period of the spiny lobster closed season copies

4163

of the bill of sale or invoice covering each transaction

4164

involving whole spiny lobster, spiny lobster tails, or spiny

4165

lobster meat. Such invoices and bills shall be kept available at

4166

all times for inspection by the commission.

4167

(6) The Fish and Wildlife Conservation Commission may

4168

adopt rules incorporating by reference such forms as are

4169

necessary to administer this section.

4170

Section 77. Section 370.151, Florida Statutes, is

4171

renumbered as section 379.246, Florida Statutes, and amended to

4172

read:

4173

379.246 ~~370.151~~ Tortugas shrimp beds; gifted and loan

4174

property ~~penalties~~.--

4175

~~(1) It is the intention of the Legislature that action~~

4176

~~should be taken to conserve the supply of shrimp in the large~~

4177

~~shrimp beds which lie in and around the coast of the Lower Keys~~

4178

~~of Florida and in the vicinity of the islands of Dry Tortugas in~~

4179

~~the Florida Keys, hereinafter referred to as the "Tortugas~~

4180

~~Shrimp Bed," and which furnish more than 50 percent of the~~

4181

~~shrimp in waters adjacent to the coast of Florida. It is further~~

4182

~~the sense of this Legislature that the shrimp industry is a~~

4183

~~valuable industry to the economy of this state and deserves~~

4184

~~adequate protection.~~

4185

(1)~~(2)(a)~~ The Fish and Wildlife Conservation Commission is

4186

authorized to take title in the name of the state to any vessel

4187

or vessels suitable for use in carrying out the inspection and

4188

patrol of the Tortugas Bed which may be offered as a gift to the

4189

state by any person, firm, corporation, or association in the

4190

shrimp industry for the purpose of carrying out the provisions

4191

of this section. In the event such title is taken to such vessel

4192

or vessels, the commission is authorized to operate and keep

4193

said vessel or vessels in proper repair.

4194

(2)~~(b)~~ The commission is further authorized to accept the

4195

temporary loan of any vessel or vessels, suitable for use in

4196

carrying out the provisions of this section, for periods not

4197

exceeding 1 year. However, the state shall not assume any

4198

liability to the owner or owners of said vessels for any damage

4199

done by said vessels to other vessels, persons, or property. In

4200

the operation of said loaned vessels, upkeep and repair shall

4201

consist only of minor repairs and routine maintenance. The owner

4202

or owners shall carry full marine insurance coverage on said

4203

loaned vessel or vessels for the duration of the period during

4204

which said vessels are operated by the state.

4205

~~(3) The owner or master of any vessel not equipped with~~

4206

~~live shrimp bait tanks dragging shrimp nets in the above-defined~~

4207

~~area without a live bait shrimping license for this area is~~

4208

~~guilty of a violation of this section. A third or any subsequent~~

4209

~~violation by any person under this subsection within a 3-year~~

4210

~~period shall be a felony of the third degree, punishable as~~

4211

~~provided in ss. 775.082 and 775.083.~~

4212

Section 78. Section 370.153, Florida Statutes, is

4213

renumbered as section 379.247, Florida Statutes, and amended to

4214

read:

4215

379.247 ~~370.153~~ Regulation of shrimp fishing; Clay, Duval,

4216

Nassau, Putnam, Flagler, and St. Johns Counties.--

4217

(1) DEFINITIONS.--When used in this section, unless the

4218

context clearly requires otherwise:

4219

(a) "Inland waters" means all creeks, rivers, bayous,

4220

bays, inlets, and canals.

4221

(b) "Sample" means one or more shrimp taken from an

4222

accurately defined part of the area defined.

4223

4224

period of not more than 1 week, each sample being taken at a

4225

different station within the pattern.

4226

(d) "Pattern" means 10 or more stations.

4227

(e) "Station" means a single location on the water of the

4228

areas defined.

4229

(f) "Licensed live bait shrimp producer" means any

4230

individual licensed by the Fish and Wildlife Conservation

4231

Commission to employ the use of any trawl for the taking of live

4232

bait shrimp within the inland waters of Nassau, Duval, St.

4233

Johns, Putnam, Flagler, or Clay Counties.

4234

(g) "Licensed dead shrimp producer" means any individual

4235

licensed by the Fish and Wildlife Conservation Commission to

4236

employ the use of any trawl for the taking of shrimp within the

4237

inland waters of Nassau, Duval, St. Johns, Putnam, Flagler, or

4238

Clay Counties.

4239

(2) SHRIMPING PROHIBITED.--It is unlawful to employ the

4240

use of any trawl or other net, except a common cast net,

4241

designed for or capable of taking shrimp, within the inland

4242

waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay

4243

Counties, except as hereinafter provided.

4244

(3) LIVE BAIT SHRIMP PRODUCTION.--

4245

(a) A live bait shrimp production license shall be issued

4246

by the Fish and Wildlife Conservation Commission upon the

4247

receipt of an application by a person intending to use a boat,

4248

not to exceed 35 feet in length in Duval, St. Johns, Putnam,

4249

Flagler, and Clay Counties and not to exceed 45 feet in length

4250

in Nassau County, for live shrimp production within the inland

4251

waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay

4252

Counties and the payment of a fee of $250. The annual fee of

4253

$250 shall be collected by the commission for the issuance of

4254

the license during a 60-day period beginning June 1 of each

4255

year. The design of the application and permit shall be

4256

determined by the commission. The proceeds of the fee imposed by

4257

this paragraph shall be used by the Fish and Wildlife

4258

Conservation Commission for the purposes of enforcement of

4259

marine resource laws.

4260

(b) The Executive Director of the Fish and Wildlife

4261

Conservation Commission, or his or her designated

4262

representative, may by order close certain areas to live bait

4263

shrimp production when sampling procedures justify the closing

4264

based upon sound conservation practices. The revocation of any

4265

order to close has the effect of opening the area.

4266

4267

his or her catch for sale or sells his or her catch shall

4268

either:

4269

a. Maintain onshore facilities which have been annually

4270

checked and approved by the local commission office to assure

4271

the facilities' ability to maintain the catch alive when the

4272

live bait shrimp producer produces for his or her own facility;

4273

4274

b. Sell his or her catch only to persons who have onshore

4275

facilities that have been annually checked and approved by the

4276

local commission office to assure the facilities' ability to

4277

maintain the catch alive, when the producer sells his or her

4278

catch to an onshore facility. The producer shall provide the

4279

commission with the wholesale number of the facility to which

4280

the shrimp have been sold and shall submit this number on a form

4281

designed and approved by the commission.

4282

2. All persons who maintain onshore facilities as

4283

described in this paragraph, whether the facilities are

4284

maintained by the licensed live bait shrimp producer or by

4285

another party who purchases shrimp from live bait shrimp

4286

producers, shall keep records of their transactions in

4287

conformance with the provisions of s. 379.362(6) ~~370.07(6)~~.

4288

(d) All commercial trawling in Clay, Duval, and St. Johns

4289

Counties shall be restricted to the inland waters of the St.

4290

Johns River proper in the area north of the Acosta Bridge in

4291

Jacksonville and at least 100 yards from the nearest shoreline.

4292

(e) A live shrimp producer must also be a licensed

4293

wholesale dealer. Such person shall not sell live bait shrimp

4294

unless he or she produces a live bait shrimp production license

4295

at the time of sale.

4296

(f) The commission shall rename the Live Bait Shrimp

4297

Production License as the Commercial Live Shrimp Production

4298

License.

4299

(4) DEAD SHRIMP PRODUCTION.--Any person may operate as a

4300

commercial dead shrimp producer provided that:

4301

(a) A dead shrimp production permit is procured from the

4302

Fish and Wildlife Conservation Commission upon the receipt by

4303

the commission of a properly filled out and approved application

4304

by a person intending to use a boat, not to exceed 35 feet in

4305

length in Duval, St. Johns, Putnam, and Clay Counties, and not

4306

to exceed 45 feet in length in Nassau County, for dead shrimp

4307

production within the inland waters of Nassau County and the

4308

inland waters of the St. Johns River of Duval, Putnam, St.

4309

Johns, Flagler, or Clay Counties, which permit shall cost $250

4310

and shall be required for each vessel used for dead shrimp

4311

production. The design of the application and permit shall be

4312

determined by the Fish and Wildlife Conservation Commission. The

4313

proceeds of the fees imposed by this paragraph shall be

4314

deposited into the account of the Marine Resources Conservation

4315

Trust Fund to be used by the commission for the purpose of

4316

enforcement of marine resource laws.

4317

(b) All commercial trawling in the St. Johns River proper

4318

shall be restricted to the area north of the Acosta Bridge in

4319

Jacksonville and at least 100 yards from the nearest shoreline.

4320

4321

during daylight hours from Tuesday through Friday each week.

4322

(d) No person holding a dead shrimp production permit

4323

issued pursuant to this subsection shall simultaneously hold a

4324

permit for noncommercial trawling under the provisions of

4325

subsection (5). The number of permits issued by the commission

4326

for commercial trawling or dead shrimp production in any one

4327

year shall be limited to those active in the base year, 1976,

4328

and renewed annually since 1976. All permits for dead shrimp

4329

production issued pursuant to this section shall be inheritable

4330

or transferable to an immediate family member and annually

4331

renewable by the holder thereof. Such inheritance or transfer

4332

shall be valid upon being registered with the commission. Each

4333

permit not renewed shall expire and shall not be renewed under

4334

any circumstances.

4335

(e) It is illegal for any person to sell dead shrimp

4336

caught in the inland waters of Nassau, Duval, Clay, Putnam, and

4337

St. Johns Counties, unless the seller is in possession of a dead

4338

shrimp production license issued pursuant to this subsection.

4339

(f) It is illegal for any person to purchase shrimp for

4340

consumption or bait from any seller (with respect to shrimp

4341

caught in the inland waters of Nassau, Duval, Clay, Putnam, and

4342

St. Johns Counties (St. Johns River)) who does not produce his

4343

or her dead shrimp production license prior to the sale of the

4344

shrimp.

4345

(g) In addition to any other penalties provided for in

4346

this section, any person who violates the provisions of this

4347

subsection shall have his or her license revoked by the

4348

commission.

4349

(h) The commission shall rename the Dead Shrimp Production

4350

License as the Commercial Food Shrimp Production License.

4351

(5) NONCOMMERCIAL TRAWLING.--If noncommercial trawling is

4352

authorized by the Fish and Wildlife Conservation Commission, any

4353

person may trawl for shrimp in the St. Johns River for his or

4354

her own use as food under the following conditions:

4355

(a) Each person who desires to trawl for shrimp for use as

4356

food shall obtain a noncommercial trawling permit from the local

4357

office of the Fish and Wildlife Conservation Commission upon

4358

filling out an application on a form prescribed by the

4359

commission and upon paying a fee for the permit, which shall

4360

cost $50.

4361

(b) All trawling shall be restricted to the confines of

4362

the St. Johns River proper in the area north of the Acosta

4363

Bridge in Jacksonville and at least 100 yards from the nearest

4364

shoreline.

4365

4366

provisions of this subsection may be sold or offered for sale.

4367

(6) SAMPLING PROCEDURE.--

4368

(a) The Executive Director of the Fish and Wildlife

4369

Conservation Commission shall have samples taken at established

4370

stations within patterns at frequent intervals.

4371

(b) No area may be closed to live bait shrimp production

4372

unless a series of samples has been taken and it has been

4373

determined that the shrimp are undersized or that continued

4374

shrimping in this area would have an adverse effect on

4375

conservation. Standards for size may be established by rule of

4376

the commission.

4377

4378

a series of samples has been taken and it has been determined

4379

that the shrimp are of legal size. Legal-sized shrimp shall be

4380

defined as not more than 47 shrimp with heads on, or 70 shrimp

4381

with heads off, per pound.

4382

(7) LICENSE POSSESSION.--The operator of a boat employing

4383

the use of any trawl for shrimp production must be in possession

4384

of a current shrimp production license issued to him or her

4385

pursuant to the provisions of this section.

4386

(8) USE OF TRAWL; LIMITATION.--

4387

(a) The use of a trawl by either a live bait shrimp

4388

producer or dead shrimp producer shall be limited to the

4389

daylight hours, and the taking of dead shrimp shall not take

4390

place on Saturdays, Sundays, or legal state holidays.

4391

(b) The use of a trawl by either a live bait shrimp

4392

producer or dead shrimp producer within 100 yards of any

4393

shoreline is prohibited. The Fish and Wildlife Conservation

4394

Commission, by rule or order, may define the area or areas where

4395

this subsection shall apply.

4396

4397

designed for, or capable of, taking shrimp within 1/4 mile of

4398

any natural or manmade inlet in Duval County or St. Johns

4399

County.

4400

2. It is unlawful for anyone to trawl in the Trout River

4401

west of the bridge on U.S. 17 in Duval County.

4402

(9) CREDITS.--Fees paid pursuant to paragraphs (3)(a) and

4403

(4)(a) of this section shall be credited against the saltwater

4404

products license fee.

4405

Section 79. Section 370.17, Florida Statutes, is

4406

renumbered as section 379.248, Florida Statutes, and amended to

4407

read:

4408

379.248 ~~370.17~~ Sponges; regulation.--

4409

(1) NONRESIDENT LICENSE; SPONGE FISHING.--Any nonresident

4410

of the state, who desires to engage in the business or

4411

occupation of sponge fishing, either for that person or any

4412

other person, shall, before entering into said business or

4413

occupation, procure a nonresident saltwater products license

4414

issued in the name of an individual or to a valid boat

4415

registration pursuant to s. 379.361 ~~370.06~~.

4416

(2) USE AND SIZE OF HOOKS.--Any person engaged in

4417

gathering sponges by use of a hook shall use a hook 5 inches

4418

wide for the purpose of removing sponges from the bottom, and no

4419

hook of other dimensions may be used.

4420

(3) TAKING, POSSESSING COMMERCIAL; SIZE.--

4421

(a) No person may take, by any means or method, from the

4422

waters of the Gulf of Mexico, the straits of this state or the

4423

other waters within the territorial limits of this state, any

4424

commercial sponges, measuring, when wet, less than 5 inches in

4425

their maximum diameter.

4426

(b) To make effective the foregoing subsection it is

4427

further provided that no person may land, cure, deliver, offer

4428

for sale, sell, or have in his or her possession, within the

4429

territorial limits of this state, or upon any boat, vessel, or

4430

vehicle, other than those operated interstate by common

4431

carriers, within the territorial limits of this state, any

4432

commercial sponges measuring, when wet, less than 5 inches in

4433

their maximum diameter.

4434

4435

territorial limits of this state, or upon any boat, vessel, or

4436

vehicle, other than those operated interstate by common

4437

carriers, within the territorial limits of this state,

4438

measuring, when wet, less than 5 inches in their maximum

4439

diameter, shall be evidence that the person having such sponges

4440

in his or her possession has violated this section.

4441

(4) POWERS OF THE COMMISSION.--The commission is

4442

authorized and empowered to make, promulgate, and put into

4443

effect all rules and regulations which the commission may

4444

consider and decide to be necessary to accomplish the purpose of

4445

this chapter for the taking and cultivation of sponges,

4446

including the power and authority to determine and fix, in its

4447

discretion, the seasons and period of time within which public

4448

state grounds may be closed to the taking, possessing, buying,

4449

selling, or transporting of sponges from the sponge cultivation

4450

districts herein provided for and to regulate and prescribe the

4451

means and methods to be employed in the harvesting thereof;

4452

however, notice of all rules, regulations, and orders, and all

4453

revisions and amendments thereto, prescribing closed seasons or

4454

prescribing the means and methods of harvesting sponges adopted

4455

by the commission shall be published in a newspaper of general

4456

circulation in the conservation district affected within 10 days

4457

from the adoption thereof, in addition to any notice required by

4458

chapter 120.

4459

(5) COOPERATION WITH UNITED STATES FISH AND WILDLIFE

4460

SERVICE.--The commission shall cooperate with the United States

4461

Fish and Wildlife Service, under existing federal laws, rules

4462

and regulations, and is authorized to accept donations, grants

4463

and matching funds from said federal government under such

4464

conditions as are reasonable and proper, for the purposes of

4465

carrying out this chapter, and the commission is further

4466

authorized to accept any and all donations including funds and

4467

loan of vessels.

4468

(6) PENALTY.--Any person violating any of the foregoing

4469

provisions shall, for the second offense, be guilty of a felony

4470

of the third degree, punishable as provided in s. 775.082, s.

4471

775.083, or s. 775.084, and by the confiscation of all boats,

4472

tackle and equipment used in the commission of such violation.

4473

Section 80. Section 370.25, Florida Statutes, is

4474

renumbered as section 379.249, Florida Statutes, to read:

4475

379.249 ~~370.25~~ Artificial reef program; grants and

4476

financial and technical assistance to local governments.--

4477

(1) An artificial reef program is created within the

4478

commission to enhance saltwater opportunities and to promote

4479

proper management of fisheries resources associated with

4480

artificial reefs for the public interest. Under the program, the

4481

commission may provide grants and financial and technical

4482

assistance to coastal local governments, state universities, and

4483

nonprofit corporations qualified under s. 501(c)(3) of the

4484

Internal Revenue Code for the siting and development of

4485

artificial reefs as well as for monitoring and evaluating such

4486

reefs and their recreational, economic, and biological

4487

effectiveness. The commission is authorized to accept title, on

4488

behalf of the state, to vessels for use in the artificial reef

4489

program as offshore artificial reefs. The program may be funded

4490

from state, federal, and private contributions.

4491

(2) The commission may adopt by rule procedures for

4492

submitting an application for financial assistance and criteria

4493

for allocating available funds.

4494

(3) The commission may adopt by rule criteria for siting,

4495

constructing, managing, and evaluating the effectiveness of

4496

artificial reefs placed in state or adjacent federal waters and

4497

criteria implementing the transfer of vessel titles to the state

4498

for use as an offshore artificial reef.

4499

(4) The commission may adopt by rule criteria for

4500

determining the eligibility of nonprofit corporations qualified

4501

under s. 501(c)(3) of the Internal Revenue Code to apply for and

4502

receive funds available for artificial reef development or

4503

evaluation. The criteria must include, but are not limited to,

4504

the following:

4505

(a) The corporation must show proof that it is a nonprofit

4506

corporation qualified under s. 501(c)(3) of the Internal Revenue

4507

Code.

4508

(b) The corporation must state in its articles of

4509

incorporation or bylaws that one of its objectives is the

4510

development or monitoring of artificial reefs.

4511

(5) The commission's artificial reef program shall track

4512

all artificial-reef-development activities statewide, and

4513

maintain a computer database of these activities for the public

4514

interest and to facilitate long-range planning and coordination

4515

within the commission and among local governments.

4516

(6) It is unlawful for any person to:

4517

(a) Place artificial-reef-construction materials in state

4518

waters outside zones permitted under the terms and conditions

4519

defined in any artificial-reef permits issued by the United

4520

States Army Corps of Engineers or by the Department of

4521

Environmental Protection.

4522

(b) Store, possess, or transport on or across state waters

4523

any materials reasonably suited for artificial-reef construction

4524

and stored in a manner providing ready access for use and

4525

placement as an artificial reef, unless a valid cargo manifest

4526

issued by the commission or a commission-certified inspector is

4527

onboard the transporting vessel. The manifest will serve as

4528

authorization to use a valid permitted site or land-based

4529

staging area, will validate that the type of artificial-reef

4530

construction material being transported is permissible for use

4531

at the permitted site, and will describe and quantify the

4532

artificial-reef material being transported. The manifest will

4533

also include the latitude and longitude coordinates of the

4534

proposed deployment location, the valid permit number, and a

4535

copy of the permit conditions for the permitted site. The

4536

manifest must be available for inspection by any authorized law

4537

enforcement officer or commission employee.

4538

(7)(a) An initial violation of subsection (6) is a

4539

misdemeanor of the first degree, punishable as provided in s.

4540

775.082 or s. 775.083. A subsequent violation of subsection (6)

4541

which is committed within 12 months after a previous violation

4542

of that subsection is a felony of the third degree, punishable

4543

as provided in s. 775.082, s. 775.083, or s. 775.084.

4544

(b) If a violation of subsection (6) occurs, a law

4545

enforcement officer may terminate a vessel's voyage and order

4546

the vessel operator to return immediately to port. Failure or

4547

refusal to comply with an order to return to port constitutes a

4548

felony of the third degree, punishable as provided in s.

4549

775.082, s. 775.083, or s. 775.084. The vessel operator must

4550

immediately dispose of the materials on shore according to

4551

applicable waste disposal laws.

4552

4553

involved in the violation:

4554

1. Is moored at a land-based facility, the registered

4555

owner of the vessel is responsible for the violation.

4556

2. Is underway or anchored, the captain or operator of the

4557

vessel and the registered owner of the vessel are jointly

4558

responsible for the violation.

4559

(d) In addition to the penalties imposed in this

4560

subsection, the commission shall assess civil penalties of up to

4561

$5,000 against any person convicted of violating subsection (6)

4562

and may seek the suspension or revocation of the vessel

4563

registration, existing reef-construction permits, or other state

4564

marine licenses held by the violator. For the purposes of this

4565

section, conviction includes any judicial disposition other than

4566

acquittal or dismissal.

4567

Section 81. Section 370.23, Florida Statutes, is

4568

renumbered as section 379.25, Florida Statutes, to read:

4569

379.25 ~~370.23~~ Sale of unlawfully landed product;

4570

jurisdiction.--It is unlawful for any person to bring to port,

4571

sell, or offer to sell any saltwater life landed in violation of

4572

the provisions of this chapter. Any person committing such a

4573

violation and docking his or her vessel at any port in the

4574

state, whether or not such product was landed in the territorial

4575

waters of the state, shall be deemed to have submitted himself

4576

or herself to the jurisdiction of the courts of this state for

4577

the purpose of the enforcement of the provisions of this

4578

chapter.

4579

Section 82. Section 370.1601, Florida Statutes, is

4580

renumbered as section 379.2511, Florida Statutes, and amended to

4581

read:

4582

379.2511 ~~370.1601~~ Lease of state-owned water bottoms for

4583

growing oysters and clams.--Effective July 1, 1988, persons

4584

wishing to lease state-owned water bottoms for the purpose of

4585

growing oysters and clams shall no longer be required to apply

4586

under the provisions of s. 379.2525 ~~370.16~~; such leases shall be

4587

issued pursuant to the provisions of ss. 253.67-253.75.

4588

Section 83. Section 370.161, Florida Statutes, is

4589

renumbered as section 379.2512, Florida Statutes, to read:

4590

379.2512 ~~370.161~~ Oyster bottom land grants made pursuant

4591

to ch. 3293.--

4592

(1) All grants previously issued by the several boards of

4593

county commissioners under the authority of chapter 3293, 1881,

4594

Laws of Florida, shall be subject to provisions of s. 597.010,

4595

relating to the marking of such lands, the payment of rents, the

4596

cultivation of such lands and the forfeiture provisions.

4597

(2) Any grantee of lands referred to in subsection (1)

4598

shall mark such lands and begin cultivation thereof as set forth

4599

in s. 597.010, within 90 days after the effective date of this

4600

act. The rentals prescribed by s. 597.010, shall be payable

4601

immediately upon the effective date of this act and in

4602

accordance with the provisions of said section.

4603

(3) If any grantee shall fail to comply with the

4604

provisions of this act his or her grant shall become null and

4605

void and the lands shall return to the ownership and

4606

jurisdiction of the state.

4607

Section 84. Section 370.027, Florida Statutes, is

4608

renumbered as section 379.2521, Florida Statutes, and amended to

4609

read:

4610

379.2521 ~~370.027~~ Rulemaking authority with respect to

4611

marine life.--Marine aquaculture producers shall be regulated by

4612

the Department of Agriculture and Consumer Services. The Fish

4613

and Wildlife Conservation Commission shall adopt rules, by March

4614

1, 2000, to regulate the sale of farmed red drum and spotted sea

4615

trout. These rules shall specifically provide for the protection

4616

of the wild resource, without restricting a certified

4617

aquaculture producer pursuant to s. 597.004 from being able to

4618

sell farmed fish. To that extent, these rules must only require

4619

that farmed fish be kept separate from wild fish and be fed

4620

commercial feed; that farmed fish be placed in sealed

4621

containers; that these sealed containers must have the name,

4622

address, telephone number and aquaculture certificate number,

4623

issued pursuant to s. 597.004, of the farmer clearly and

4624

indelibly placed on the container; and that this information

4625

must accompany the fish to the ultimate point of sale. Marine

4626

aquaculture products produced by a marine aquaculture producer,

4627

certified pursuant to s. 597.004, are exempt from Fish and

4628

Wildlife Conservation Commission resource management rules, with

4629

the exception of such rules governing any fish of the genus

4630

Centropomus (snook). By July 1, 2000, the Fish and Wildlife

4631

Conservation Commission shall develop procedures to allow

4632

persons possessing a valid aquaculture certificate of

4633

registration to sell and transport live snook produced in

4634

private ponds or private hatcheries as brood stock, to stock

4635

private ponds, or for aquarium display consistent with the

4636

provisions of rules adopted by the Department of Agriculture and

4637

Consumer Services ~~rule 39-23.009, Florida Administrative Code~~.

4638

Section 85. Section 370.1603, Florida Statutes, is

4639

renumbered as section 379.2522, Florida Statutes, and amended to

4640

read:

4641

379.2522 ~~370.1603~~ Oysters produced in and outside state;

4642

labeling; tracing; rules.--

4643

(1) No wholesale or retail dealer, as defined in s.

4644

379.362 (1) ~~370.07(1)~~, shall sell any oysters produced outside

4645

this state unless they are labeled as such, or unless it is

4646

otherwise reasonably made known to the purchaser that the

4647

oysters were not produced in this state.

4648

(2) The Department of Agriculture and Consumer Services

4649

shall promulgate rules whereby oysters produced in Florida

4650

waters can be traced to the location from which they were

4651

harvested. A wholesale or retail dealer may not sell any oysters

4652

produced in this state unless they are labeled so that they may

4653

be traced to the point of harvesting.

4654

Section 86. Section 370.26, Florida Statutes, is

4655

renumbered as section 379.2523, Florida Statutes, and amended to

4656

read:

4657

379.2523 ~~370.26~~ Aquaculture definitions; marine

4658

aquaculture products, producers, and facilities.--

4659

(1) As used in this section, the term:

4660

(a) "Marine aquaculture facility" means a facility built

4661

and operated for the purpose of producing marine aquaculture

4662

products. Marine aquaculture facilities contain culture systems

4663

such as, but not limited to, ponds, tanks, raceways, cages, and

4664

bags used for commercial production, propagation, growout, or

4665

product enhancement of marine products. Marine aquaculture

4666

facilities specifically do not include:

4667

1. Facilities that maintain marine aquatic organisms

4668

exclusively for the purpose of shipping, distribution,

4669

marketing, or wholesale and retail sales;

4670

2. Facilities that maintain marine aquatic organisms for

4671

noncommercial, education, exhibition, or scientific purposes;

4672

3. Facilities in which the activity does not require an

4673

aquaculture certification pursuant to s. 597.004; or

4674

4. Facilities used by marine aquarium hobbyists.

4675

(b) "Marine aquaculture producer" means a person holding

4676

an aquaculture certificate pursuant to s. 597.004 to produce

4677

marine aquaculture products.

4678

4679

from marine aquatic organisms that are owned and propagated,

4680

grown, or produced under controlled conditions by a person

4681

holding an aquaculture certificate pursuant to s. 597.004. Such

4682

product does not include organisms harvested from the wild for

4683

depuration, wet storage, or relayed for the purpose of

4684

controlled purification. Marine aquaculture products are

4685

considered saltwater products for the purposes of this chapter,

4686

except the holder of an aquaculture certificate is not required

4687

to purchase and possess a saltwater products license in order to

4688

possess, transport, or sell marine aquaculture products pursuant

4689

to s. 379.361 ~~370.06~~. To renew an existing restricted species

4690

endorsement, marine aquaculture producers possessing a valid

4691

saltwater products license with a restricted species endorsement

4692

may apply income from the sales of marine aquaculture products

4693

to licensed wholesale dealers. Income from the sales of marine

4694

aquaculture products shall not be eligible for the purpose of

4695

acquiring a new restricted species endorsement. The holder of an

4696

aquaculture certificate must purchase and possess a saltwater

4697

products license in order to possess, transport, or sell

4698

saltwater products not specifically provided for in s. 597.004.

4699

(2) The Department of Environmental Protection shall

4700

encourage the development of aquaculture and the production of

4701

aquaculture products. The department shall develop a process

4702

consistent with this section that would consolidate permits,

4703

general permits, and other regulatory requirements to streamline

4704

the permitting process and result in effective regulation of

4705

aquaculture activities. This process shall provide for a single

4706

application and application fee for marine aquaculture

4707

activities which are regulated by the department. Procedures to

4708

consolidate permitting actions under this section do not

4709

constitute rules within the meaning of s. 120.52.

4710

(3) Until aquaculture general permits under s. 403.814 can

4711

be expanded and developed, the department shall establish

4712

criteria to temporarily permit aquaculture activities that may

4713

be presumed not to result in adverse environmental impacts. The

4714

criteria developed pursuant to this subsection do not constitute

4715

rules within the meaning of s. 120.52. Permit application fees

4716

under this subsection shall be no more than that established for

4717

a general permit. The department may delegate to the water

4718

management districts the regulatory authority for aquaculture

4719

facilities subject to the temporary general permitting criteria

4720

of this subsection. During the period prior to development of a

4721

general permit under s. 403.814, the department shall establish

4722

a compliance plan based on monitoring results that will assist

4723

in the development of the general permit.

4724

(4) The department shall request that the Aquaculture

4725

Review Council identify a working group of industry

4726

representatives who can provide technical assistance in

4727

developing aquaculture general permits. The industry

4728

representatives shall come from the segment of the industry to

4729

be affected by the specific general permit to be developed. The

4730

working group shall be included in all phases of developing the

4731

aquaculture general permits.

4732

(5) The department shall:

4733

(a) Coordinate with the Aquaculture Review Council, the

4734

Aquaculture Interagency Coordinating Council, and the Department

4735

of Agriculture and Consumer Services when developing criteria

4736

for aquaculture general permits.

4737

(b) Permit experimental technologies to collect and

4738

evaluate data necessary to reduce or mitigate environmental

4739

concerns.

4740

4741

of information that would be beneficial to the development of

4742

aquaculture.

4743

(6) The Fish and Wildlife Conservation Commission shall

4744

encourage the development of aquaculture in the state through

4745

the following:

4746

(a) Providing assistance in developing technologies

4747

applicable to aquaculture activities, evaluating practicable

4748

production alternatives, and providing management agreements to

4749

develop innovative culture practices.

4750

(b) Facilitating aquaculture research on life histories,

4751

stock enhancement, and alternative species, and providing

4752

research results that would assist in the evaluation,

4753

development, and commercial production of candidate species for

4754

aquaculture, including:

4755

1. Providing eggs, larvae, fry, and fingerlings to

4756

aquaculturists when excess cultured stocks are available from

4757

the commission's facilities and the culture activities are

4758

consistent with the commission's stock enhancement projects.

4759

Such stocks may be obtained by reimbursing the commission for

4760

the cost of production on a per-unit basis. Revenues resulting

4761

from the sale of stocks shall be deposited into the trust fund

4762

used to support the production of such stocks.

4763

2. Conducting research programs to evaluate candidate

4764

species when funding and staff are available.

4765

3. Encouraging the private production of marine fish and

4766

shellfish stocks for the purpose of providing such stocks for

4767

statewide stock enhancement programs. When such stocks become

4768

available, the commission shall reduce or eliminate duplicative

4769

production practices that would result in direct competition

4770

with private commercial producers.

4771

4. Developing a working group, in cooperation with the

4772

Department of Agriculture and Consumer Services, the Aquaculture

4773

Review Council, and the Aquaculture Interagency Coordinating

4774

Council, to plan and facilitate the development of private

4775

marine fish and nonfish hatcheries and to encourage

4776

private/public partnerships to promote the production of marine

4777

aquaculture products.

4778

4779

institutions within the state to advance the aquaculture

4780

production and sale of sturgeon as a food fish.

4781

(7) The Fish and Wildlife Conservation Commission shall

4782

coordinate with the Aquaculture Review Council and the

4783

Department of Agriculture and Consumer Services to establish and

4784

implement grant programs to provide funding for projects and

4785

programs that are identified in the state's aquaculture plan,

4786

pending legislative appropriations. The commission and the

4787

Department of Agriculture and Consumer Services shall establish

4788

and implement a grant program to make grants available to

4789

qualified nonprofit, educational, and research entities or local

4790

governments to fund infrastructure, planning, practical and

4791

applied research, development projects, production economic

4792

analysis, and training and stock enhancement projects, and to

4793

make grants available to counties, municipalities, and other

4794

state and local entities for applied aquaculture projects that

4795

are directed to economic development, pending legislative

4796

appropriations.

4797

(8) The Fish and Wildlife Conservation Commission shall

4798

provide assistance to the Department of Agriculture and Consumer

4799

Services in the development of an aquaculture plan for the

4800

state.

4801

Section 87. Section 370.31, Florida Statutes, is

4802

renumbered as section 379.2524, Florida Statutes, to read:

4803

379.2524 ~~370.31~~ Commercial production of sturgeon.--

4804

(1) INTENT.--The Legislature finds and declares that there

4805

is a need to encourage the continuation and advancement of work

4806

being done on aquaculture sturgeon production in keeping with

4807

the state's legislative public policy regarding aquaculture

4808

provided in chapter 597. It also finds that it is in the state's

4809

economic interest to promote the commercial production and stock

4810

enhancement of sturgeon. It is therefore the intent of the

4811

Legislature to hereby create a Sturgeon Production Working

4812

Group.

4813

(2) CREATION.--The Sturgeon Production Working Group is

4814

created within the Department of Agriculture and Consumer

4815

Services and shall be composed of seven members as follows:

4816

(a) The head of the sturgeon research program or designee

4817

from the University of Florida, Institute of Food and

4818

Agricultural Sciences. Such member shall be appointed by the

4819

University of Florida's Vice President for Agricultural Affairs.

4820

(b) One representative from the Department of

4821

Environmental Protection to be appointed by the Secretary of

4822

Environmental Protection.

4823

4824

Conservation Commission to be appointed by the executive

4825

director of the Fish and Wildlife Conservation Commission.

4826

(d) One representative from the Department of Agriculture

4827

and Consumer Services to be appointed by the Commissioner of

4828

Agriculture.

4829

(e) Two representatives from the aquaculture industry to

4830

be appointed by the Aquaculture Review Council.

4831

(f) One representative from a private nonprofit

4832

organization involved in sturgeon production work, to be

4833

appointed by the Commissioner of Agriculture.

4834

(3) MEETINGS; PROCEDURES; RECORDS.--The working group

4835

shall meet at least twice a year and elect, by a quorum, a chair

4836

and vice chair.

4837

(a) The chair of the working group shall preside at all

4838

meetings and shall call a meeting as often as necessary to carry

4839

out the provisions of this section.

4840

(b) The Department of Agriculture and Consumer Services

4841

shall keep a complete record of the proceedings of each meeting,

4842

which includes the names of the members present at each meeting

4843

and the actions taken. The records shall be public records

4844

pursuant to chapter 119.

4845

4846

members. Members of the group shall not receive compensation,

4847

but shall be entitled to per diem and travel expenses, including

4848

attendance at meetings, as allowed public officers and employees

4849

pursuant to s. 112.061.

4850

(4) PURPOSE AND RESPONSIBILITIES.--The purpose of the

4851

Sturgeon Production Working Group is to coordinate the

4852

implementation of a state sturgeon production management plan to

4853

promote the commercial production and stock enhancement of

4854

sturgeon in Florida. In carrying out this purpose, the working

4855

group shall:

4856

(a) Establish a state sturgeon production management plan

4857

to inform public or private interested parties of how to

4858

aquaculturally produce sturgeon for commercial purposes and for

4859

stock enhancement. The sturgeon production management plan

4860

shall:

4861

1. Provide the regulatory policies for the commercial

4862

production of sturgeon meat and roe, including a strategy for

4863

obtaining the required permits, licenses, authorizations, or

4864

certificates.

4865

2. Provide the management practices for culturing sturgeon

4866

and ensure that aquacultural development does not impede the

4867

recovery and conservation of wild sturgeon populations.

4868

3. Establish priorities for research needed to support the

4869

commercial production of sturgeon and the recovery of native

4870

stocks in the state.

4871

(b) Support management strategies to permit the commercial

4872

production of native and nonnative sturgeon, including the

4873

distribution of captive-bred Gulf sturgeon to approved certified

4874

aquaculture facilities.

4875

4876

conservation program to coordinate conservation, habitat, and

4877

resource management programs for native sturgeon, including an

4878

evaluation of how stock enhancement can facilitate the

4879

conservation and recovery of native sturgeon populations.

4880

(d) Seek federal cooperation to implement the sturgeon

4881

production management plan, including federal designation of

4882

captive-bred sturgeon as distinct population segments to

4883

distinguish cultivated stocks from wild native populations.

4884

(e) Develop enforcement guidelines to ensure continued

4885

protection of wild native sturgeon populations.

4886

(f) In furtherance of the purposes and responsibilities of

4887

the Sturgeon Production Working Group, the state shall:

4888

1. Establish a program to coordinate conservation and

4889

aquaculture activities for native sturgeon.

4890

2. Develop a conservation plan for native sturgeon.

4891

3. Initiate the process to petition for delisting captive-

4892

bred shortnose sturgeon.

4893

4. Initiate the process to petition for delisting captive-

4894

bred Gulf sturgeon.

4895

(g) Establish a sturgeon broodstock committee composed of

4896

fishery scientists, fish farmers, and agency representatives to

4897

manage the taking of wild sturgeon for brood fish and spawning.

4898

(h) Establish the Cooperative Broodstock Development and

4899

Husbandry Board composed of fishery scientists, fish farmers,

4900

and agency representatives to establish standards and criteria

4901

for the management and maintenance of captive-reared sturgeon,

4902

to collect biological data, and to administer the Cooperative

4903

Broodstock Development and Husbandry Program.

4904

Section 88. Section 370.16, Florida Statutes, is

4905

renumbered as section 379.2525, Florida Statutes, and amended to

4906

read:

4907

379.2525 ~~370.16~~ Noncultured shellfish harvesting.--

4908

(1) PROTECTION OF SHELLFISH AQUACULTURE PRODUCTS.--

4909

(a) The Fish and Wildlife Conservation Commission shall

4910

assist in protecting shellfish aquaculture products produced on

4911

leased or granted reefs in the hands of lessees or grantees from

4912

the state. Harvesting shellfish is prohibited within a distance

4913

of 25 feet outside lawfully marked lease boundaries or within

4914

setback and access corridors within specifically designated

4915

high-density aquaculture lease areas and aquaculture use zones.

4916

(b) The department, in cooperation with the commission,

4917

shall provide the Legislature with recommendations as needed for

4918

the development and the proper protection of the rights of the

4919

state and private holders therein with respect to the oyster and

4920

clam business.

4921

(2) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL

4922

REEFS; LICENSES, ETC., PENALTY.--

4923

(a) It is unlawful to use a dredge or any means or

4924

implement other than hand tongs in removing oysters from the

4925

natural or artificial state reefs. This restriction shall apply

4926

to all areas of Apalachicola Bay for all shellfish harvesting,

4927

excluding private grounds leased or granted by the state prior

4928

to July 1, 1989, if the lease or grant specifically authorizes

4929

the use of implements other than hand tongs for harvesting.

4930

Except in Apalachicola Bay, upon the payment of $25 annually,

4931

for each vessel or boat using a dredge or machinery in the

4932

gathering of clams or mussels, a special activity license may be

4933

issued by the Fish and Wildlife Conservation Commission pursuant

4934

to s. 379.361 ~~370.06~~ for such use to such person.

4935

(b) The use of any mechanical harvesting device other than

4936

ordinary hand tongs for taking shellfish for any purpose from

4937

public shellfish beds in Apalachicola Bay shall be unlawful.

4938

4939

the waters of Apalachicola Bay from 5 p.m. until sunrise shall

4940

be unlawful.

4941

(d) Each vessel used for the transport or deployment of a

4942

dredge or scrape shall prominently display the lease or grant

4943

number or numbers, in numerals which are at least 12 inches high

4944

and 6 inches wide, in such a manner that the lease or grant

4945

number or numbers are readily identifiable from both the air and

4946

the water.

4947

(e) Oysters may be harvested from natural or public

4948

grounds by common hand tongs or by hand, by scuba diving, free

4949

diving, leaning from vessels, or wading. In the Apalachicola

4950

Bay, this provision shall apply to all shellfish.

4951

4952

The commission shall apply other statutes, rules, or conditions

4953

necessary to protect the environment and natural resources from

4954

improper transport, deployment, and operation of a dredge or

4955

scrape. Any violation of this subsection or of any other

4956

statutes, rules, or conditions referenced in the special

4957

activity license shall be considered a violation of the license

4958

and shall result in revocation of the license and forfeiture of

4959

the bond submitted to the commission as a prerequisite to the

4960

issuance of this license.

4961

(3) FALSE RETURNS AS TO OYSTERS OR CLAMS HANDLED.--Each

4962

packer, canner, corporation, firm, commission person, or dealer

4963

in fish shall, on the first day of each month, make a return

4964

under oath to the Fish and Wildlife Conservation Commission, as

4965

to the number of oysters, clams, and shellfish purchased,

4966

caught, or handled during the preceding month. Whoever is found

4967

guilty of making any false affidavit to any such report is

4968

guilty of perjury and punished as provided by law, and any

4969

person who fails to make such report shall be punished by a fine

4970

not exceeding $500 or by imprisonment in the county jail not

4971

exceeding 6 months.

4972

(4) SEIZURE OF VESSELS AND CARGOES VIOLATING OYSTER AND

4973

CLAM LAWS, ETC.--Vessels, with their cargoes, violating the

4974

provisions of the laws relating to oysters and clams may be

4975

seized by anyone duly and lawfully authorized to make arrests

4976

under this section or by any sheriff or the sheriff's deputies,

4977

and taken into custody, and when not arrested by the sheriff or

4978

the sheriff's deputies, delivered to the sheriff of the county

4979

in which the seizure is made, and shall be liable to forfeiture,

4980

on appropriate proceedings being instituted by the Fish and

4981

Wildlife Conservation Commission, before the courts of that

4982

county. In such case the cargo shall at once be disposed of by

4983

the sheriff, for account of whom it may concern. Should the

4984

master or any of the crew of said vessel be found guilty of

4985

using dredges or other instruments in fishing oysters on natural

4986

reefs contrary to law, or fishing on the natural oyster or clam

4987

reefs out of season, or unlawfully taking oysters or clams

4988

belonging to a lessee, such vessel shall be declared forfeited

4989

by the court, and ordered sold and the proceeds of the sale

4990

shall be deposited with the Chief Financial Officer to the

4991

credit of the General Revenue Fund; any person guilty of such

4992

violations shall not be permitted to have any license provided

4993

for in this chapter within a period of 1 year from the date of

4994

conviction. Pending proceedings such vessel may be released upon

4995

the owner furnishing bond, with good and solvent security in

4996

double the value of the vessel, conditioned upon its being

4997

returned in good condition to the sheriff to abide the judgment

4998

of the court.

4999

(5) DREDGING OF DEAD SHELLS PROHIBITED.--The dredging of

5000

dead shell deposits is prohibited in the state.

5001

(6) REQUIREMENTS FOR OYSTER VESSELS.--All vessels used for

5002

the harvesting, gathering, or transporting of noncultured

5003

oysters for commercial use shall be constructed and maintained

5004

to prevent contamination or deterioration of oysters. To this

5005

end, all such vessels shall be provided with false bottoms and

5006

bulkheads fore and aft to prevent oysters from coming in contact

5007

with any bilge water. No dogs or other animals shall be allowed

5008

at any time on vessels used to harvest or transport oysters. A

5009

violation of any provision of this subsection shall result in at

5010

least the revocation of the violator's license.

5011

Section 89. Part III of chapter 379, Florida Statutes,

5012

consisting of section 379.28, is created to read:

5013

PART III

5014

FRESHWATER AQUATIC LIFE

5015

5016

Section 90. Section 372.26, Florida Statutes, is

5017

renumbered as section 379.28, Florida Statutes, and amended to

5018

read:

5019

379.28 ~~372.26~~ Imported fish.--

5020

(1) No person shall import into the state or place in any

5021

of the fresh waters of the state any freshwater fish of any

5022

species without having first obtained a permit from the Fish and

5023

Wildlife Conservation Commission. The commission is authorized

5024

to issue or deny such a permit upon the completion of studies of

5025

the species made by it to determine any detrimental effect the

5026

species might have on the ecology of the state.

5027

(2) A person who violates this section commits a Level

5028

Three violation under s. 379.401 ~~372.83~~.

5029

Section 91. Part IV of chapter 379, Florida Statutes,

5030

consisting of sections 379.3001, 379.3002, 379.3003, 379.3004,

5031

379.3011, 379.3012, 379.3013, 379.3014, 379.3015, 379.3016,

5032

379.3017, 379.302, 379.303, 379.304, 379.305, 379.3061,

5033

379.3062, and 379.3063, is created to read:

5034

PART IV

5035

WILD ANIMAL LIFE

5036

5037

Section 92. Section 372.0025, Florida Statutes, is

5038

renumbered as section 379.3001, Florida Statutes, to read:

5039

379.3001 ~~372.0025~~ No net loss of hunting lands.--

5040

(1) As used in this section, the term:

5041

(a) "Commission" means the Fish and Wildlife Conservation

5042

Commission.

5043

(b) "Commission-managed lands" means those lands owned by

5044

the commission, those lands owned by the state over which the

5045

commission holds management authority, or those privately owned

5046

lands that are leased or managed by the commission.

5047

5048

shooting, capture, collection, or killing of wildlife or the

5049

lawful attempt to pursue, trap, shoot, capture, collect, or kill

5050

wildlife.

5051

(2) Commission-managed lands shall be open to access and

5052

use for hunting except as limited by the commission for reasons

5053

of public safety, fish or wildlife management, or homeland

5054

security or as otherwise limited by law.

5055

(3) The commission, in exercising its authority under the

5056

State Constitution and statutes, shall exercise its authority,

5057

consistent with subsection (2), in a manner that supports,

5058

promotes, and enhances hunting opportunities to the extent

5059

authorized by state law.

5060

(4) Commission land management decisions and actions,

5061

including decisions made by private owners to close hunting land

5062

managed by the commission, shall not result in any net loss of

5063

habitat land acreage available for hunting opportunities on

5064

commission-managed lands that exists on the effective date of

5065

this act. The commission shall expeditiously find replacement

5066

acreage for hunting to compensate for closures of any existing

5067

hunting land. Replacement lands shall, to the greatest extent

5068

possible, be located within the same administrative region of

5069

the commission and shall be consistent with the hunting

5070

discipline that the commission allowed on the closed land.

5071

(5) Any state agency or water management district that

5072

owns or manages lands shall assist and coordinate and cooperate

5073

with the commission to allow hunting on such lands if such lands

5074

are determined by the commission to be suitable for hunting. To

5075

ensure no net loss of land acreage available for hunting, state

5076

agencies and water management districts shall cooperate with the

5077

commission to open new, additional hunting lands to replace lost

5078

hunting acreage. However, lands officially designated as units

5079

within the state park system may not be considered for

5080

replacement hunting lands and may only be opened for hunting

5081

when necessary as a wildlife control or management tool as

5082

determined by the Division of Recreation and Parks in the

5083

Department of Environmental Protection.

5084

(6) By October 1 of each year, the executive director of

5085

the commission shall submit to the Legislature a written report

5086

describing:

5087

(a) The acreage managed by the commission that was closed

5088

to hunting during the previous fiscal year and the reasons for

5089

the closures.

5090

(b) The acreage managed by the commission that was opened

5091

to hunting to compensate for closures of existing land pursuant

5092

to subsection (4).

5093

(7) By October 1 of each year, any state agency or water

5094

management district that owns or manages lands shall submit a

5095

written report to the commission and the Legislature that

5096

includes:

5097

(a) A list of properties that were open for hunting during

5098

the previous fiscal year.

5099

(b) A list of properties that were not open for hunting

5100

during the previous fiscal year.

5101

5102

each property is located, except for right-of-way lands and

5103

parcels under 50 acres.

5104

Section 93. Section 372.023, Florida Statutes, is

5105

renumbered as section 379.3002, Florida Statutes, to read:

5106

379.3002 ~~372.023~~ J. W. Corbett and Cecil M. Webb Wildlife

5107

Management Areas.--

5108

(1) The Fish and Wildlife Conservation Commission of this

5109

state is neither authorized nor empowered to do the following as

5110

to the J. W. Corbett Wildlife Management Area in Palm Beach

5111

County or the Cecil M. Webb Wildlife Management Area without the

5112

approval of the Board of Trustees of the Internal Improvement

5113

Trust Fund that such action is in the best interest of orderly

5114

and economical development of said area, viz.:

5115

(a) To trade, barter, lease, or exchange lands therein for

5116

lands of greater acreage contiguous to said wildlife management

5117

areas.

5118

(b) To grant easements for construction and maintenance of

5119

roads, railroads, canals, ditches, dikes, and utilities,

5120

including but not limited to telephone, telegraph, oil, gas,

5121

electric power, water, and sewers.

5122

5123

phosphate, minerals, metals, and petroleum that is or may be in,

5124

on or under any lands traded, bartered, leased, or exchanged

5125

pursuant to paragraph (a).

5126

(2) The Board of Trustees of the Internal Improvement

5127

Trust Fund and the State Board of Education and all and every

5128

board, state department or state agency of the state having any

5129

title, right and interest in or to the land including oil and

5130

mineral rights in the lands to be traded, bartered, leased or

5131

exchanged within the J. W. Corbett Wildlife Management Area in

5132

Palm Beach County, is authorized and empowered to convey this

5133

interest of whatsoever nature to the record owner.

5134

(3) Moneys received from the sale of lands within either

5135

wildlife management area, less reasonable expenses incident to

5136

the sale, shall be used by the Fish and Wildlife Conservation

5137

Commission to acquire acreage contiguous to the wildlife

5138

management area or lands of equal wildlife value. The sale shall

5139

be made directly to the state, notwithstanding the procedures of

5140

s. 270.08 to the contrary.

5141

Section 94. Section 372.988, Florida Statutes, is

5142

renumbered as section 379.3003, Florida Statutes, and amended to

5143

read:

5144

379.3003 ~~372.988~~ Required clothing for persons hunting

5145

deer.--It is a Level One violation under s. 379.401 ~~372.83~~ for

5146

any person to hunt deer, or for any person to accompany another

5147

person hunting deer, during the open season for the taking of

5148

deer on public lands unless each person shall wear a total of at

5149

least 500 square inches of daylight fluorescent orange material

5150

as an outer garment. Such clothing shall be worn above the

5151

waistline and may include a head covering. The provisions of

5152

this section shall not apply to any person hunting deer with a

5153

bow and arrow during seasons restricted to hunting with a bow

5154

and arrow.

5155

Section 95. Section 372.7016, Florida Statutes, is

5156

renumbered as section 379.3004, Florida Statutes, and amended to

5157

read:

5158

379.3004 ~~372.7016~~ Voluntary Authorized Hunter

5159

Identification Program.--

5160

(1) There is created the "Voluntary Authorized Hunter

5161

Identification Program" to assist landowners and law enforcement

5162

officials in better controlling trespass and illegal or

5163

unauthorized hunting. Landowners wishing to participate in the

5164

program shall:

5165

(a) Annually notify the sheriff's office in the county in

5166

which the land is situated and the respective area supervisor of

5167

the Fish and Wildlife Conservation Commission by letter of their

5168

desire to participate in the program, and provide a description

5169

of their property which they wish to have in the program by

5170

township, range, section, partial section, or other geographical

5171

description.

5172

(b) Provide a means of identifying authorized hunters as

5173

provided in subsection (2).

5174

(2) Any person hunting on private land enrolled in the

5175

Voluntary Authorized Hunter Identification Program shall have

5176

readily available on the land at all times when hunting on the

5177

property written authorization from the owner or his or her

5178

authorized representative to be on the land for the purpose of

5179

hunting. The written authorization shall be presented on demand

5180

to any law enforcement officer, the owner, or the authorized

5181

agent of the owner.

5182

(a) For purposes of this section, the term "hunting" means

5183

to be engaged in or reasonably equipped to engage in the pursuit

5184

or taking by any means of any animal described in s. 379.101

5185

(19) or (20) ~~372.001(10) or (11)~~, and the term "written

5186

authorization" means a card, letter, or other written instrument

5187

which shall include, but need not be limited to, the name of the

5188

person or entity owning the property, the name and signature of

5189

the person granting the authorization, a description by

5190

township, range, section, partial section, or other geographical

5191

description of the land to which the authorization applies, and

5192

a statement of the time period during which the authorization is

5193

valid.

5194

(b) Failure by any person hunting on private land enrolled

5195

in the program to present written authorization to hunt on said

5196

land to any law enforcement officer or the owner or

5197

representative thereof within 7 days of demand shall be prima

5198

facie evidence of violation of s. 810.09(2)(c), punishable as

5199

provided in s. 775.082, s. 775.083, or s. 775.084. However, such

5200

evidence may be contradicted or rebutted by other evidence.

5201

Section 96. Section 372.6671, Florida Statutes, is

5202

renumbered as section 379.3011, Florida Statutes, and amended to

5203

read:

5204

379.3011 ~~372.6671~~ Alligator trapping program;

5205

definitions.--Unless otherwise provided by a specific section or

5206

the context otherwise requires, as used in ss. 379.3011,

5207

379.3012, 379.3751, and 379.3752 ~~372.6671-372.6674~~, the

5208

following definitions shall apply:

5209

(1) "Alligator" means a member of the species of alligator

5210

(Alligator mississippiensis) but does not mean its eggs.

5211

(2) "Alligator hatchling" means a juvenile alligator as

5212

more specifically defined by commission rule.

5213

(3) "Process" or "processing" means the skinning,

5214

butchering, or possession of alligators.

5215

Section 97. Section 372.6672, Florida Statutes, is

5216

renumbered as section 379.3012, Florida Statutes, to read:

5217

379.3012 ~~372.6672~~ Alligator management and trapping

5218

program implementation; commission authority.--

5219

(1) In any alligator management and trapping program that

5220

the Fish and Wildlife Conservation Commission shall establish,

5221

the commission shall have the authority to adopt all rules

5222

necessary for full and complete implementation of such alligator

5223

management and trapping program, and, in order to ensure its

5224

lawful, safe, and efficient operation in accordance therewith,

5225

may:

5226

(a) Regulate the marketing and sale of alligators, their

5227

hides, eggs, meat, and byproducts, including the development and

5228

maintenance of a state-sanctioned sale.

5229

(b) Regulate the handling and processing of alligators,

5230

their eggs, hides, meat, and byproducts, for the lawful, safe,

5231

and sanitary handling and processing of same.

5232

5233

operations for the captive propagation and rearing of alligators

5234

and their eggs.

5235

(d) Provide hide-grading services by two or more

5236

individuals pursuant to state-sanctioned sales if rules are

5237

first promulgated by the commission governing:

5238

1. All grading-related services to be provided pursuant to

5239

this section;

5240

2. Criteria for qualifications of persons to serve as

5241

hide-graders for grading services to be provided pursuant to

5242

this section; and

5243

3. The certification process by which hide-graders

5244

providing services pursuant to this section will be certified.

5245

(e) Provide sales-related services by contract pursuant to

5246

state-sanctioned sales if rules governing such services are

5247

first promulgated by the commission.

5248

(2) All contractors of the commission for the grading,

5249

marketing, and sale of alligators and their hides, eggs, meat,

5250

and byproducts shall not engage in any act constituting a

5251

conflict of interest under part III of chapter 112.

5252

(3) The powers and duties of the commission hereunder

5253

shall not be construed so as to supersede the regulatory

5254

authority or lawful responsibility of the Department of

5255

Agriculture and Consumer Services, the Department of Health, or

5256

any local governmental entity regarding the processing or

5257

handling of food products, but shall be deemed supplemental

5258

thereto.

5259

Section 98. Section 372.6678, Florida Statutes, is

5260

renumbered as section 379.3013, Florida Statutes, to read:

5261

379.3013 ~~372.6678~~ Alligator study requirements.--The

5262

commission shall conduct studies of all areas of the state which

5263

it intends to open to alligator collection permits. The study

5264

shall include individual wet areas, lakes, and rivers, or

5265

reasonable numbers of wet areas, lakes, and rivers that may be

5266

logically grouped. The studies shall determine the safe yield of

5267

alligators for which collection permits may be issued. The

5268

studies shall be based upon the best biological information that

5269

indicates the number of alligators which can be removed from the

5270

system without long-term adverse impacts on population levels.

5271

Section 99. Section 372.662, Florida Statutes, is

5272

renumbered as section 379.3014, Florida Statutes, and amended to

5273

read:

5274

379.3014 ~~372.662~~ Unlawful sale, possession, or

5275

transporting of alligators or alligator skins.--Whenever the

5276

sale, possession, or transporting of alligators or alligator

5277

skins is prohibited by any law of this state, or by the rules,

5278

regulations, or orders of the Fish and Wildlife Conservation

5279

Commission adopted pursuant to s. 9, Art. IV of the State

5280

Constitution, the sale, possession, or transporting of

5281

alligators or alligator skins is a Level Three violation under

5282

s. 379.401 ~~372.83~~.

5283

Section 100. Section 372.664, Florida Statutes, is

5284

renumbered as section 379.3015, Florida Statutes, to read:

5285

379.3015 ~~372.664~~ Prima facie evidence of intent to violate

5286

laws protecting alligators.--Except as otherwise provided by

5287

rule of the Fish and Wildlife Conservation Commission for the

5288

purpose of the limited collection of alligators in designated

5289

areas, the display or use of a light in a place where alligators

5290

might be known to inhabit in a manner capable of disclosing the

5291

presence of alligators, together with the possession of

5292

firearms, spear guns, gigs, and harpoons customarily used for

5293

the taking of alligators, during the period between 1 hour after

5294

sunset and 1 hour before sunrise shall be prima facie evidence

5295

of an intent to violate the provisions of law regarding the

5296

protection of alligators.

5297

Section 101. Section 372.6645, Florida Statutes, is

5298

renumbered as section 379.3016, Florida Statutes, to read:

5299

379.3016 ~~372.6645~~ Unlawful to sell alligator products;

5300

penalty.--

5301

(1) It is unlawful for any person to sell any alligator

5302

product manufactured in the form of a stuffed baby alligator or

5303

other baby crocodilia.

5304

(2) No person shall sell any alligator product

5305

manufactured from a species which has been declared to be

5306

endangered by the United States Fish and Wildlife Service or the

5307

Fish and Wildlife Conservation Commission.

5308

(3) Any person who violates this section is guilty of a

5309

misdemeanor of the first degree, punishable as provided in s.

5310

775.082 or s. 775.083.

5311

Section 102. Section 372.665, Florida Statutes, is

5312

renumbered as section 379.3017, Florida Statutes, to read:

5313

379.3017 ~~372.665~~ Word "alligator" or "gator" not to be

5314

used in certain sales.--It is unlawful for any person to use the

5315

word "gator" or "alligator" in connection with the sale of any

5316

product derived or made from the skins of other crocodilia or in

5317

connection with the sale of other crocodilia. Any person

5318

violating this section shall, upon conviction, be guilty of a

5319

misdemeanor.

5320

Section 103. Section 372.16, Florida Statutes, is

5321

renumbered as section 379.302, Florida Statutes, and amended to

5322

read:

5323

379.302 ~~372.16~~ Private game preserves and farms;

5324

regulations; penalties ~~penalty~~.--

5325

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

5326

maintain, and operate within the boundaries thereof, a private

5327

preserve and farm, not exceeding an area of 640 acres, for the

5328

protection, preservation, propagation, rearing, and production

5329

of game birds and animals for private and commercial purposes,

5330

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

5331

connected. ~~Before any private game preserve or farm is~~

5332

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

5333

~~the commission, the fee for which is $50 per year.~~

5334

(2) All private game preserves or farms established under

5335

the provisions of this section shall be fenced in such manner

5336

that domestic game thereon may not escape and wild game on

5337

surrounding lands may not enter and shall be subject at any time

5338

to inspection by the Fish and Wildlife Conservation Commission,

5339

or its conservation officers. Such private preserve or farm

5340

shall be equipped and operated in such manner as to provide

5341

sufficient food and humane treatment for the game kept thereon.

5342

Game reared or produced on private game preserves and farms

5343

shall be considered domestic game and private property and may

5344

be sold or disposed of as such and shall be the subject of

5345

larceny. Live game may be purchased, sold, shipped, and

5346

transported for propagation and restocking purposes only at any

5347

time. Such game may be sold for food purposes only during the

5348

open season provided by law for such game. All game killed must

5349

be killed on the premises of such private game preserve or farm

5350

and must be killed by means other than shooting, except during

5351

the open season. All domestic game sold for food purposes must

5352

be marked or tagged in a manner prescribed by the Fish and

5353

Wildlife Conservation Commission; and the owner or operator of

5354

such private game preserve or farm shall report to the said

5355

commission, on blanks to be furnished by it, each sale or

5356

shipment of domestic game, such reports showing the quantity and

5357

kind of game shipped or sold and to whom sold. Such report shall

5358

be made not later than 5 days following such sale or shipment.

5359

Game reared or produced as aforesaid may be served as such by

5360

hotels, restaurants, or other public eating places during the

5361

open season provided by law on such particular species of game,

5362

under such regulations as the commission may prescribe.

5363

(3) It is unlawful for any common carrier to knowingly

5364

transport or receive for transportation any domestic game unless

5365

the package or container containing such shipment has attached

5366

thereto a permit for such shipment and such package or container

5367

shall be marked on the outside showing quantity and kind of game

5368

enclosed.

5369

(4) Any person violating this section for the first

5370

offense commits a misdemeanor of the second degree, punishable

5371

as provided in s. 775.082 or s. 775.083, and for a second or

5372

subsequent offense commits a misdemeanor of the first degree,

5373

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

5374

convicted of violating this section shall forfeit to the

5375

commission any license issued under this section; and no further

5376

license shall be issued to such person for a period of 1 year

5377

following such conviction.

5378

Section 104. Subsections (3)and (4) of section 372.922,

5379

Florida Statutes, are renumbered as section 379.303, Florida

5380

Statutes, and amended to read:

5381

379.303 Classification of wildlife; seizure of captive

5382

wildlife.--

5383

(1)~~(3)~~ The commission shall promulgate rules defining

5384

Class I, Class II, and Class III types of wildlife. The

5385

commission shall also establish rules and requirements necessary

5386

to ensure that permits are granted only to persons qualified to

5387

possess and care properly for wildlife and that permitted

5388

wildlife possessed as personal pets will be maintained in

5389

sanitary surroundings and appropriate neighborhoods.

5390

(2)~~(4)~~ In instances where wildlife is seized or taken into

5391

custody by the commission, said owner or possessor of such

5392

wildlife shall be responsible for payment of all expenses

5393

relative to the capture, transport, boarding, veterinary care,

5394

or other costs associated with or incurred due to seizure or

5395

custody of wildlife. Such expenses shall be paid by said owner

5396

or possessor upon any conviction or finding of guilt of a

5397

criminal or noncriminal violation, regardless of adjudication or

5398

plea entered, of any provision of chapter 828 or this chapter,

5399

or rule of the commission or if such violation is disposed of

5400

under s. 921.187. Failure to pay such expense may be grounds for

5401

revocation or denial of permits to such individual to possess

5402

wildlife.

5403

Section 105. Subsections (4), (5), (6), (9), and (10) of

5404

section 372.921, Florida Statutes, are renumbered as section

5405

379.304, Florida Statutes, and amended to read:

5406

379.304 ~~372.921~~ Exhibition or sale of wildlife.--

5407

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

5408

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

5409

inspection by officers of the commission at all times. The

5410

commission shall have the power to release or confiscate any

5411

specimens of any wildlife, specifically birds, mammals,

5412

amphibians, or reptiles, whether indigenous to the state or not,

5413

when it is found that conditions under which they are being

5414

confined are unsanitary, or unsafe to the public in any manner,

5415

or that the species of wildlife are being maltreated,

5416

mistreated, or neglected or kept in any manner contrary to the

5417

provisions of chapter 828, any such permit to the contrary

5418

notwithstanding. Before any such wildlife is confiscated or

5419

released under the authority of this section, the owner thereof

5420

shall have been advised in writing of the existence of such

5421

unsatisfactory conditions; the owner shall have been given 30

5422

days in which to correct such conditions; the owner shall have

5423

failed to correct such conditions; the owner shall have had an

5424

opportunity for a proceeding pursuant to chapter 120; and the

5425

commission shall have ordered such confiscation or release after

5426

careful consideration of all evidence in the particular case in

5427

question. The final order of the commission shall constitute

5428

final agency action.

5429

(2)~~(5)~~ In instances where wildlife is seized or taken into

5430

custody by the commission, said owner or possessor of such

5431

wildlife shall be responsible for payment of all expenses

5432

relative to the capture, transport, boarding, veterinary care,

5433

or other costs associated with or incurred due to seizure or

5434

custody of wildlife. Such expenses shall be paid by said owner

5435

or possessor upon any conviction or finding of guilt of a

5436

criminal or noncriminal violation, regardless of adjudication or

5437

plea entered, of any provision of chapter 828 or this chapter,

5438

or rule of the commission or if such violation is disposed of

5439

under s. 921.187. Failure to pay such expense may be grounds for

5440

revocation or denial of permits to such individual to possess

5441

wildlife.

5442

(3)~~(6)~~ Any animal on exhibit of a type capable of

5443

contracting or transmitting rabies shall be immunized against

5444

rabies.

5445

(4)~~(9)~~ The commission is authorized to adopt rules

5446

pursuant to ss. 120.536(1) and 120.54 to implement the

5447

provisions of this section.

5448

(5)~~(10)~~ A violation of this section is punishable as

5449

provided by s. 379.401 ~~372.83~~.

5450

Section 106. Section 372.92, Florida Statutes, is

5451

renumbered as section 379.305, Florida Statutes, and amended to

5452

read:

5453

379.305 ~~372.92~~ Rules and regulations; penalties.--

5454

(1) The Fish and Wildlife Conservation Commission may

5455

prescribe such other rules and regulations as it may deem

5456

necessary to prevent the escape of venomous reptiles or reptiles

5457

of concern, either in connection of construction of such cages

5458

or otherwise to carry out the intent of ss. 379.372-379.374

5459

~~372.86-372.88~~.

5460

(2) A person who knowingly releases a nonnative venomous

5461

reptile or reptile of concern to the wild or who through gross

5462

negligence allows a nonnative venomous reptile or reptile of

5463

concern to escape commits a Level Three violation, punishable as

5464

provided in s. 379.4015 ~~372.935~~.

5465

Section 107. Section 372.673, Florida Statutes, is

5466

renumbered as section 379.3061, Florida Statutes, to read:

5467

379.3061 ~~372.673~~ Florida Panther Technical Advisory

5468

Council.--

5469

(1) The Florida Panther Technical Advisory Council is

5470

established within the Fish and Wildlife Conservation

5471

Commission. The council shall be appointed by the Governor and

5472

shall consist of seven members with technical knowledge and

5473

expertise in the research and management of large mammals.

5474

(a) Two members shall represent state or federal agencies

5475

responsible for management of endangered species; two members,

5476

who must have specific experience in the research and management

5477

of large felines or large mammals, shall be appointed from

5478

universities, colleges, or associated institutions; and three

5479

members, with similar expertise, shall be appointed from the

5480

public at large.

5481

(b) As soon as practicable after July 1, 1983, one member

5482

representing a state or federal agency and one member appointed

5483

from a university, college, or associated institution shall be

5484

appointed for terms ending August 1, 1985, and the remaining

5485

members shall be appointed for terms ending August 1, 1987.

5486

Thereafter, all appointments shall be for 4-year terms. If a

5487

vacancy occurs, a member shall be appointed for the remainder of

5488

the unexpired term. A member whose term has expired shall

5489

continue sitting on the council with full rights until a

5490

replacement has been appointed.

5491

5492

112.061 but shall receive no additional compensation or

5493

honorarium.

5494

(2) The purposes of the council are:

5495

(a) To serve in an advisory capacity to the Fish and

5496

Wildlife Conservation Commission on technical matters of

5497

relevance to the Florida panther recovery program, and to

5498

recommend specific actions that should be taken to accomplish

5499

the purposes of this act.

5500

(b) To review and comment on research and management

5501

programs and practices to identify potential harm to the Florida

5502

panther population.

5503

5504

of the status and development of the Florida panther recovery

5505

program.

5506

Section 108. Section 372.5714, Florida Statutes, is

5507

renumbered as section 379.3062, Florida Statutes, and amended to

5508

read:

5509

379.3062 ~~372.5714~~ Waterfowl Advisory Council.--

5510

(1) There is created a Waterfowl Advisory Council

5511

consisting of three members, one appointed by the Governor, one

5512

appointed by the Speaker of the House of Representatives, and

5513

one appointed by the President of the Senate. Members may be

5514

representative of appropriate state agencies, private

5515

conservation groups, or private citizens and shall possess

5516

knowledge and experience in the area of waterfowl management and

5517

protection. Members shall be appointed for 4-year, staggered

5518

terms and shall be eligible for reappointment. A vacancy shall

5519

be filled by appointment for the remainder of the unexpired

5520

term.

5521

(2) The council shall meet at least once a year either in

5522

person or by a telephone conference call, shall elect a chair

5523

annually to preside over its meetings and perform any other

5524

duties directed by the council, and shall maintain minutes of

5525

each meeting. All records of council activities shall be kept on

5526

file with the Fish and Wildlife Conservation Commission and

5527

shall be made available to any interested person. The Fish and

5528

Wildlife Conservation Commission shall provide such staff

5529

support as is necessary to the council to carry out its duties.

5530

Members of the council shall serve without compensation, but

5531

shall be reimbursed for per diem and travel expenses as provided

5532

in s. 112.061 when carrying out the official business of the

5533

council.

5534

(3) It shall be the duty of the council to advise the

5535

commission regarding the administration of revenues generated by

5536

the sale of the Florida waterfowl permit provided for by s.

5537

379.2211 ~~372.5712~~. In particular, the council shall consult with

5538

and advise the commission with respect to the establishment and

5539

operation of projects for the protection and propagation of

5540

migratory waterfowl and the development, restoration,

5541

maintenance, and preservation of wetlands within the state, to

5542

be financed by such revenues as specified in said section.

5543

Section 109. Section 372.992, Florida Statutes, is

5544

renumbered as section 379.3063, Florida Statutes, to read:

5545

379.3063 ~~372.992~~ Nongame Wildlife Advisory Council.--

5546

(1) There is created the Nongame Wildlife Advisory

5547

Council, which shall consist of the following 11 members

5548

appointed by the Governor: one representative each from the Fish

5549

and Wildlife Conservation Commission, the Department of

5550

Environmental Protection, and the United States Fish and

5551

Wildlife Services; the director of the Florida Museum of Natural

5552

History or her or his designee; one representative from a

5553

professional wildlife organization; one representative from a

5554

private wildlife institution; one representative from a Florida

5555

university or college who has expertise in nongame biology; one

5556

representative of business interests from a private consulting

5557

firm who has expertise in nongame biology; one representative of

5558

a statewide organization of landowner interests; and two members

5559

from conservation organizations. All appointments shall be for

5560

4-year terms. Members shall be eligible for reappointment.

5561

(2) The council shall recommend to the commission

5562

policies, objectives, and specific actions for nongame wildlife

5563

research and management.

5564

(3) Members of the council shall receive no compensation

5565

but shall be entitled to receive per diem and travel expenses as

5566

provided in s. 112.061, while carrying out official business

5567

with the council, from funds provided under s. 379.209 ~~372.991~~.

5568

Section 110. Part V of chapter 379, Florida Statutes,

5569

consisting of sections 379.33, 379.3311, 379.3312, 379.3313,

5570

379.332, 379.333, 379.334, 379.335, 379.336, 379.337, 379.338,

5571

379.339, 379.340, 379.341, 379.342, and 379.343, is created to

5572

read:

5573

PART V

5574

LAW ENFORCEMENT

5575

5576

Section 111. Section 370.028, Florida Statutes, is

5577

renumbered as section 379.33, Florida Statutes, and amended to

5578

read:

5579

379.33 ~~370.028~~ Enforcement of commission rules; penalties

5580

for violation of rule.--Rules of the Fish and Wildlife

5581

Conservation Commission shall be enforced by any law enforcement

5582

officer certified pursuant to s. 943.13. Except as provided

5583

under s. 379.401 ~~372.83~~, any person who violates or otherwise

5584

fails to comply with any rule adopted by the commission shall be

5585

punished pursuant to s. 379.407 (1) ~~370.021(1)~~.

5586

Section 112. Section 372.07, Florida Statutes, is

5587

renumbered as section 379.3311, Florida Statutes, to read:

5588

379.3311 ~~372.07~~ Police powers of commission and its

5589

agents.--

5590

(1) The Fish and Wildlife Conservation Commission, the

5591

executive director and the executive director's assistants

5592

designated by her or him, and each wildlife officer are

5593

constituted peace officers with the power to make arrests for

5594

violations of the laws of this state when committed in the

5595

presence of the officer or when committed on lands under the

5596

supervision and management of the commission. The general laws

5597

applicable to arrests by peace officers of this state shall also

5598

be applicable to said director, assistants, and wildlife

5599

officers. Such persons may enter upon any land or waters of the

5600

state for performance of their lawful duties and may take with

5601

them any necessary equipment, and such entry shall not

5602

constitute a trespass.

5603

(2) Such officers shall have power and authority to

5604

enforce throughout the state all laws relating to game, nongame

5605

birds, fish, and fur-bearing animals and all rules and

5606

regulations of the Fish and Wildlife Conservation Commission

5607

relating to wild animal life, marine life, and freshwater

5608

aquatic life, and in connection with said laws, rules, and

5609

regulations, in the enforcement thereof and in the performance

5610

of their duties thereunder, to:

5611

(a) Go upon all premises, posted or otherwise;

5612

(b) Execute warrants and search warrants for the violation

5613

of said laws;

5614

5615

investigation, and trial of all offenses against said laws;

5616

(d) Carry firearms or other weapons, concealed or

5617

otherwise, in the performance of their duties;

5618

(e) Arrest upon probable cause without warrant any person

5619

found in the act of violating any of the provisions of said laws

5620

or, in pursuit immediately following such violations, to examine

5621

any person, boat, conveyance, vehicle, game bag, game coat, or

5622

other receptacle for wild animal life, marine life, or

5623

freshwater aquatic life, or any camp, tent, cabin, or roster, in

5624

the presence of any person stopping at or belonging to such

5625

camp, tent, cabin, or roster, when said officer has reason to

5626

believe, and has exhibited her or his authority and stated to

5627

the suspected person in charge the officer's reason for

5628

believing, that any of the aforesaid laws have been violated at

5629

such c

5630

(f) Secure and execute search warrants and in pursuance

5631

thereof to enter any building, enclosure, or car and to break

5632

open, when found necessary, any apartment, chest, locker, box,

5633

trunk, crate, basket, bag, package, or container and examine the

5634

contents thereof;

5635

(g) Seize and take possession of all wild animal life,

5636

marine life, or freshwater aquatic life taken or in possession

5637

or under control of, or shipped or about to be shipped by, any

5638

person at any time in any manner contrary to said laws.

5639

(3) It is unlawful for any person to resist an arrest

5640

authorized by this section or in any manner to interfere, either

5641

by abetting, assisting such resistance, or otherwise interfering

5642

with said executive director, assistants, or wildlife officers

5643

while engaged in the performance of the duties imposed upon them

5644

by law or regulation of the Fish and Wildlife Conservation

5645

Commission.

5646

(4) Upon final disposition of any alleged offense for

5647

which a citation for any violation of this chapter or the rules

5648

of the commission has been issued, the court shall, within 10

5649

days after the final disposition of the action, certify the

5650

disposition to the commission.

5651

Section 113. Section 372.071, Florida Statutes, is

5652

renumbered as section 379.3312, Florida Statutes, and amended to

5653

read:

5654

379.3312 ~~372.071~~ Powers of arrest by agents of Department

5655

of Environmental Protection or Fish and Wildlife Conservation

5656

Commission.--Any certified law enforcement officer of the

5657

Department of Environmental Protection or the Fish and Wildlife

5658

Conservation Commission, upon receiving information, relayed to

5659

her or him from any law enforcement officer stationed on the

5660

ground, on the water, or in the air, that a driver, operator, or

5661

occupant of any vehicle, boat, or airboat has violated any

5662

section of chapter 327, chapter 328, ~~chapter 370,~~ or this

5663

chapter, or s. 597.010 or s. 597.020, may arrest the driver,

5664

operator, or occupant for violation of said laws when reasonable

5665

and proper identification of the vehicle, boat, or airboat and

5666

reasonable and probable grounds to believe that the driver,

5667

operator, or occupant has committed or is committing any such

5668

offense have been communicated to the arresting officer by the

5669

other officer stationed on the ground, on the water, or in the

5670

air.

5671

Section 114. Subsection(8) of section 370.021, Florida

5672

Statutes, is renumbered as section 379.3313, Florida Statutes,

5673

and amended to read:

5674

379.3313 Powers of commission law enforcement officers.--

5675

~~(8) POWERS OF OFFICERS.--~~

5676

(1)~~(a)~~ Law enforcement officers of the commission are

5677

constituted law enforcement officers of this state with full

5678

power to investigate and arrest for any violation of the laws of

5679

this state and the rules of the commission under their

5680

jurisdiction. The general laws applicable to arrests by peace

5681

officers of this state shall also be applicable to law

5682

enforcement officers of the commission. Such law enforcement

5683

officers may enter upon any land or waters of the state for

5684

performance of their lawful duties and may take with them any

5685

necessary equipment, and such entry will not constitute a

5686

trespass. It is lawful for any boat, motor vehicle, or aircraft

5687

owned or chartered by the commission or its agents or employees

5688

to land on and depart from any of the beaches or waters of the

5689

state. Such law enforcement officers have the authority, without

5690

warrant, to board, inspect, and search any boat, fishing

5691

appliance, storage or processing plant, fishhouse, spongehouse,

5692

oysterhouse, or other warehouse, building, or vehicle engaged in

5693

transporting or storing any fish or fishery products. Such

5694

authority to search and inspect without a search warrant is

5695

limited to those cases in which such law enforcement officers

5696

have reason to believe that fish or any saltwater products are

5697

taken or kept for sale, barter, transportation, or other

5698

purposes in violation of laws or rules promulgated under this

5699

law. Any such law enforcement officer may at any time seize or

5700

take possession of any saltwater products or contraband which

5701

have been unlawfully caught, taken, or processed or which are

5702

unlawfully possessed or transported in violation of any of the

5703

laws of this state or any rule of the commission. Such law

5704

enforcement officers may arrest any person in the act of

5705

violating any of the provisions of this law, the rules of the

5706

commission, or any of the laws of this state. It is hereby

5707

declared unlawful for any person to resist such arrest or in any

5708

manner interfere, either by abetting or assisting such

5709

resistance or otherwise interfering, with any such law

5710

enforcement officer while engaged in the performance of the

5711

duties imposed upon him or her by law or rule of the commission.

5712

(2)~~(b)~~ The Legislature finds that the checking and

5713

inspection of saltwater products aboard vessels is critical to

5714

good fishery management and conservation and that, because

5715

almost all saltwater products are either iced or cooled in

5716

closed areas or containers, the enforcement of seasons, size

5717

limits, and bag limits can only be effective when inspection of

5718

saltwater products so stored is immediate and routine.

5719

Therefore, in addition to the authority granted in subsection

5720

(1), a law enforcement officer of the commission who has

5721

probable cause to believe that the vessel has been used for

5722

fishing prior to the inspection shall have full authority to

5723

open and inspect all containers or areas where saltwater

5724

products are normally kept aboard vessels while such vessels are

5725

on the water, such as refrigerated or iced locations, coolers,

5726

fish boxes, and bait wells, but specifically excluding such

5727

containers that are located in sleeping or living areas of the

5728

vessel.

5729

Section 115. Section 372.70, Florida Statutes, is

5730

renumbered as section 379.332, Florida Statutes, to read:

5731

379.332 ~~372.70~~ Prosecutions; state attorney to represent

5732

state.--

5733

(1) The prosecuting officers of the several courts of

5734

criminal jurisdiction of this state shall investigate and

5735

prosecute all violations of the laws relating to game,

5736

freshwater fish, nongame birds, and fur-bearing animals which

5737

may be brought to their attention by the commission or its

5738

conservation officers, or which may otherwise come to their

5739

knowledge.

5740

(2) The state attorney shall represent the state in any

5741

forfeiture proceeding under this chapter. The Department of

5742

Legal Affairs shall represent the state in all appeals from

5743

judgments of forfeiture to the Supreme Court. The state may

5744

appeal any judgment denying forfeiture in whole or in part that

5745

may be otherwise adverse to the state.

5746

Section 116. Section 372.701, Florida Statutes, is

5747

renumbered as section 379.333, Florida Statutes, to read:

5748

379.333 ~~372.701~~ Arrest by officers of the Fish and

5749

Wildlife Conservation Commission; recognizance; cash bond;

5750

citation.--

5751

(1) In all cases of arrest by officers of the Fish and

5752

Wildlife Conservation Commission and the Department of

5753

Environmental Protection, the person arrested shall be delivered

5754

forthwith by said officer to the sheriff of the county, or shall

5755

obtain from such person arrested a recognizance or, if deemed

5756

necessary, a cash bond or other sufficient security conditioned

5757

for her or his appearance before the proper tribunal of such

5758

county to answer the charge for which the person has been

5759

arrested.

5760

(2) All officers of the commission and the department are

5761

hereby directed to deliver all bonds accepted and approved by

5762

them to the sheriff of the county in which the offense is

5763

alleged to have been committed.

5764

(3) Any person so arrested and released on her or his own

5765

recognizance by an officer and who shall fail to appear or

5766

respond to the proper citation to appear, shall, in addition to

5767

the charge relating to wildlife or freshwater fish, be charged

5768

with that offense of failing to respond to such citation and,

5769

upon conviction, be punished as for a misdemeanor. A written

5770

warning to this effect shall be given at the time of arrest of

5771

such person.

5772

Section 117. Section 372.76, Florida Statutes, is

5773

renumbered as section 379.334, Florida Statutes, to read:

5774

379.334 ~~372.76~~ Search and seizure authorized and

5775

limited.--The Fish and Wildlife Conservation Commission and its

5776

conservation officers shall have authority when they have

5777

reasonable and probable cause to believe that the provisions of

5778

this chapter have been violated, to board any vessel, boat, or

5779

vehicle or to enter any fishhouse or warehouse or other

5780

building, exclusive of residence, in which game, hides, fur-

5781

bearing animals, fish, or fish nets are kept and to search for

5782

and seize any such game, hides, fur-bearing animals, fish, or

5783

fish nets had or held therein in violation of law. Provided,

5784

however, that no search without warrant shall be made under any

5785

of the provisions of this chapter, unless the officer making

5786

such search has such information from a reliable source as would

5787

lead a prudent and cautious person to believe that some

5788

provision of this chapter is being violated.

5789

Section 118. Section 372.761, Florida Statutes, is

5790

renumbered as section 379.335, Florida Statutes, to read:

5791

379.335 ~~372.761~~ Issuance of warrant for search of private

5792

dwelling.--

5793

(1) A search warrant may be issued on application by a

5794

commissioned officer of the Fish and Wildlife Conservation

5795

Commission to search any private dwelling occupied as such when

5796

it is being used for the unlawful sale or purchase of wildlife

5797

or freshwater fish being unlawfully kept therein. The term

5798

"private dwelling" shall be construed to include the room or

5799

rooms used and occupied, not transiently but solely as a

5800

residence, in an apartment house, hotel, boardinghouse, or

5801

lodginghouse. No warrant for the search of any private dwelling

5802

shall be issued except upon probable cause supported by sworn

5803

affidavit of some creditable witness that she or he has reason

5804

to believe that the said conditions exist, which affidavit shall

5805

set forth the facts on which such reason for belief is based.

5806

(2) This section shall not be construed as being in

5807

conflict with, but is supplemental to, chapter 933.

5808

Section 119. Section 370.22, Florida Statutes, is

5809

renumbered as section 379.336, Florida Statutes, to read:

5810

379.336 ~~370.22~~ Venue for proceedings against citizens and

5811

residents charged with violations outside state boundaries.--

5812

(1) In any proceeding against a resident or citizen of the

5813

state to enforce the provisions of this chapter with respect to

5814

alleged violations occurring beyond the territorial waters of

5815

the state, the proper venue shall be the county within the state

5816

which is nearest the site of the violation.

5817

(2) For the purpose of this section, any person having

5818

embarked from, or having docked his or her vessel in, a port

5819

within this state who violates any provision of this chapter

5820

with respect to the unlawful landing of saltwater life, whether

5821

or not outside the territorial waters of the state, shall be

5822

considered a citizen of the state for the purpose of subjecting

5823

that person to the police powers of the state.

5824

Section 120. Section 370.061, Florida Statutes, is

5825

renumbered as section 379.337, Florida Statutes, and amended to

5826

read:

5827

379.337 ~~370.061~~ Confiscation, seizure, and forfeiture of

5828

property and products.--

5829

(1) SEIZURE, FORFEITURE; PROCEDURE.--Nothing in this

5830

subsection affects the commission's authority to confiscate in

5831

any case illegal saltwater products, illegally taken saltwater

5832

products, or illegal fishing gear in accordance with this

5833

section.

5834

(a) Property used in connection with a violation resulting

5835

in a conviction for the illegal taking, or attempted taking,

5836

sale, possession, or transportation of saltwater products is

5837

subject to seizure and forfeiture as part of the commission's

5838

efforts to protect the state's marine life. Saltwater products

5839

and seines, nets, boats, motors, other fishing devices or

5840

equipment, and vehicles or other means of transportation used or

5841

attempted to be used in connection with, as an instrumentality

5842

of, or in aiding and abetting such illegal taking or attempted

5843

taking are hereby declared to be nuisances.

5844

(b) Upon a conviction of a person in whose possession the

5845

property was found, the court having jurisdiction over the

5846

criminal offense, notwithstanding any jurisdictional limitations

5847

on the amount in controversy, may make a finding that the

5848

property was used in connection with a saltwater products

5849

violation and may order such property forfeited to the

5850

commission.

5851

5852

with respect to a first time offender under this chapter for

5853

whom adjudication is withheld, is any disposition other than

5854

acquittal or dismissal.

5855

(2) SEIZURE, FORFEITURE; NOTICE.--The requirement for a

5856

conviction before forfeiture of property establishes to the

5857

exclusion of any reasonable doubt that the property was used in

5858

connection with the violation resulting in conviction. Prior to

5859

the issuance of a forfeiture order for any vessel, vehicle, or

5860

other property under subsection (1), the commission shall seize

5861

the property and notify the registered owner, if any, that the

5862

property has been seized by the commission. Except as provided

5863

in subsection (6), the procedures of chapter 932 do not apply to

5864

any seizure or forfeiture of property under this section.

5865

(a) Notification of property seized under this section

5866

must be sent by certified mail to a registered owner within 14

5867

days after seizure. If the commission, after diligent inquiry,

5868

cannot ascertain the registered owner, the notice requirement is

5869

satisfied.

5870

(b) Upon a first conviction for a violation under this

5871

chapter, the property seized under this section shall be

5872

returned to the registered owner if the commission fails to

5873

prove by a preponderance of the evidence before the court having

5874

jurisdiction over the criminal offense that the registered owner

5875

aided in, abetted in, participated in, gave consent to, knew of,

5876

or had reason to know of the violation.

5877

5878

under this chapter, the burden shall be on the registered owner

5879

to prove by a preponderance of the evidence before the court

5880

having jurisdiction over the criminal offense that the

5881

registered owner in no way aided in, abetted in, participated

5882

in, knew of, or had reason to know of the second or subsequent

5883

violation which resulted in seizure of the lawful property.

5884

(d) Any request for a hearing from a registered owner

5885

asserting innocence to recover property seized under these

5886

provisions must be sent to the commission's Division of Law

5887

Enforcement within 21 days after the registered owner's receipt

5888

of the notice of seizure. If a request for a hearing is not

5889

timely received, the court shall forfeit to the commission the

5890

right to, title to, and interest in the property seized, subject

5891

only to the rights and interests of bona fide lienholders.

5892

(e) If a motor vehicle is seized under this section and is

5893

subject to any existing liens recorded under s. 319.27, all

5894

further proceedings shall be governed by the expressed intent of

5895

the Legislature not to divest any innocent person, firm, or

5896

corporation holding such a recorded lien of any of its

5897

reversionary rights in such motor vehicle or of any of its

5898

rights as prescribed in s. 319.27, and upon any default by the

5899

violator purchaser, the lienholder may foreclose its lien and

5900

take possession of the motor vehicle involved.

5901

(3) COURT ORDER OF FORFEITURE.--When any illegal or

5902

illegally used seine, net, trap, or other fishing device or

5903

equipment, or illegally taken, possessed, or transported

5904

saltwater products, are found and taken into custody, and the

5905

owner thereof is not known to the officer finding the item or

5906

items, such officer shall immediately procure from the county

5907

court judge of the county wherein the item or items were found

5908

an order forfeiting the illegally used or illegally taken

5909

saltwater products, seines, nets, traps, boats, motors, or other

5910

fishing devices to the commission.

5911

(4) DESTRUCTION OR DISPOSITION OF PROPERTY.--All property

5912

forfeited under this section may be destroyed, used by the

5913

commission, disposed of by gift to charitable or state

5914

institutions, or sold, with the proceeds derived from the sale

5915

deposited into the Marine Resources Conservation Trust Fund to

5916

be used for law enforcement purposes~~, or into the commission's~~

5917

~~Federal Law Enforcement Trust Fund as provided in s. 372.107, as~~

5918

~~applicable~~.

5919

(5) CONFISCATION AND SALE OF PERISHABLE SALTWATER

5920

PRODUCTS; PROCEDURE.--

5921

(a) When an arrest is made pursuant to the provisions of

5922

this chapter and illegal, perishable saltwater products or

5923

saltwater products illegally taken or landed are confiscated,

5924

the defendant may post bond or cash deposit in an amount

5925

determined by the judge to be the fair value of such confiscated

5926

products. The defendant shall have 24 hours to transport the

5927

products outside the limits of Florida for sale or other

5928

disposition. Should no bond or cash deposit be given within the

5929

time fixed by the judge, the judge shall order the sale of the

5930

confiscated saltwater products at the highest price obtainable.

5931

When feasible, at least three bids shall be requested.

5932

(b) Moneys received from the sale of confiscated saltwater

5933

products, either by the defendant or by order of the court,

5934

shall be received by the judge and shall be remitted to the

5935

commission to be deposited into a special escrow account in the

5936

State Treasury to be held in trust pending the outcome of the

5937

trial of the defendant. If bond is posted by the defendant, it

5938

shall also be remitted to the commission to be held in escrow

5939

pending the outcome of the trial of the defendant.

5940

5941

the bond or cash deposit required by this subsection shall be

5942

returned to the defendant. In the event of a conviction, the

5943

proceeds of a sale or the bond or cash deposit required by this

5944

subsection shall be deposited into the Marine Resources

5945

Conservation Trust Fund to be used for law enforcement purposes

5946

~~or into the commission's Federal Law Enforcement Trust Fund as~~

5947

~~provided in s. 372.107, as applicable~~. Such deposit into the

5948

Marine Resources Conservation Trust Fund ~~or the Federal Law~~

5949

~~Enforcement Trust Fund~~ shall constitute confiscation.

5950

(d) For purposes of confiscation under this subsection,

5951

the term "saltwater products" has the meaning set out in s.

5952

379.101(36) ~~370.01(27)~~, except that the term does not include

5953

saltwater products harvested under the authority of a

5954

recreational license unless the amount of such harvested

5955

products exceeds three times the applicable recreational bag

5956

limit for trout, snook, or redfish.

5957

(6) MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL

5958

FUNDING.--

5959

(a) Any municipal or county law enforcement agency that

5960

enforces or assists the commission in enforcing the provisions

5961

of this chapter, which results in a forfeiture of property as

5962

provided in this section, shall be entitled to receive all or a

5963

share of any property based upon its participation in such

5964

enforcement.

5965

(b) If a municipal or county law enforcement agency has a

5966

marine enforcement unit, any property delivered to any municipal

5967

or county law enforcement agency as provided in paragraph (a)

5968

may be retained or sold by the municipal or county law

5969

enforcement agency, and the property or proceeds shall be used

5970

to enforce the provisions of this chapter and chapters 327 and

5971

328. If a municipal or county law enforcement agency does not

5972

have a marine enforcement unit, such property or proceeds shall

5973

be disposed of under the provisions of chapter 932.

5974

5975

enforcement agency pursuant to this subsection shall be

5976

supplemental funds and may not be used as replacement funds by

5977

the municipality or county.

5978

Section 121. Section 372.73, Florida Statutes, is

5979

renumbered as section 379.338, Florida Statutes, and amended to

5980

read:

5981

379.338 ~~372.73~~ Confiscation and disposition of illegally

5982

taken game.--All game and freshwater fish seized under the

5983

authority of this chapter shall, upon conviction of the offender

5984

or sooner if the court so orders, be forfeited and given to some

5985

hospital or charitable institution and receipt therefor sent to

5986

the Fish and Wildlife Conservation Commission. All furs or hides

5987

or fur-bearing animals seized under the authority of this

5988

chapter shall, upon conviction of the offender, be forfeited and

5989

sent to the commission, which shall sell the same and deposit

5990

the proceeds of such sale to the credit of the State Game Trust

5991

Fund ~~or into the commission's Federal Law Enforcement Trust Fund~~

5992

~~as provided in s. 372.107, as applicable~~. If any such hides or

5993

furs are seized and the offender is unknown, the court shall

5994

order such hides or furs sent to the Fish and Wildlife

5995

Conservation Commission, which shall sell such hides and furs

5996

and deposit the proceeds of such sale to the credit of the State

5997

Game Trust Fund ~~or into the commission's Federal Law Enforcement~~

5998

~~Trust Fund as provided in s. 372.107, as applicable~~.

5999

Section 122. Section 372.9901, Florida Statutes, is

6000

renumbered as section 379.339, Florida Statutes, and amended to

6001

read:

6002

379.339 ~~372.9901~~ Seizure of illegal hunting devices;

6003

disposition; notice; forfeiture.--In order to protect the

6004

state's wildlife resources, any vehicle, vessel, animal, gun,

6005

light, or other hunting device used or attempted to be used in

6006

connection with, as an instrumentality of, or in aiding and

6007

abetting in the commission of an offense prohibited by s.

6008

379.404 ~~372.99~~ is subject to seizure and forfeiture. The

6009

provisions of chapter 932 do not apply to any seizure or

6010

forfeiture under this section. For purposes of this section, a

6011

conviction is any disposition other than acquittal or dismissal.

6012

(1)(a) Upon a first conviction of the person in whose

6013

possession the property was found, the court having jurisdiction

6014

over the criminal offense, notwithstanding any jurisdictional

6015

limitations on the amount in controversy, may make a finding

6016

that the property was used in connection with a violation of s.

6017

379.404 ~~372.99~~. Upon such finding, the court may order the

6018

property forfeited to the commission.

6019

(b) Upon a second or subsequent conviction of a person in

6020

whose possession the property was found for a violation of s.

6021

379.404 ~~372.99~~, the court shall order the forfeiture to the

6022

commission of any property used in connection with that

6023

violation.

6024

(2) The requirement for a conviction before forfeiture

6025

establishes, to the exclusion of any reasonable doubt, that the

6026

property was used in connection with that violation. Prior to

6027

the issuance of a forfeiture order for any vessel, vehicle, or

6028

other property under subsection (1), the commission shall seize

6029

the property and notify the registered owner, if any, that the

6030

property has been seized by the commission.

6031

(3) Notification of property seized under this section

6032

must be sent by certified mail to a registered owner within 14

6033

days after seizure. If the commission, after diligent inquiry,

6034

cannot ascertain the registered owner, the notice requirement is

6035

satisfied.

6036

(4)(a) For a first conviction of an offense under s.

6037

379.404 ~~372.99~~, property seized by the commission shall be

6038

returned to the registered owner if the commission fails to

6039

prove by a preponderance of the evidence before the court having

6040

jurisdiction over the criminal offense that the registered owner

6041

aided in, abetted in, participated in, gave consent to, knew of,

6042

or had reason to know of the offense.

6043

(b) Upon a second or subsequent conviction for an offense

6044

under s. 379.404 ~~372.99~~, the burden shall be on the registered

6045

owner to prove by a preponderance of the evidence before the

6046

court having jurisdiction over the criminal offense that the

6047

registered owner in no way aided in, abetted in, participated

6048

in, knew of, or had reason to know of the second offense which

6049

resulted in seizure of the lawful property.

6050

6051

asserting innocence to recover property seized under these

6052

provisions must be sent to the commission's Division of Law

6053

Enforcement within 21 days after the registered owner's receipt

6054

of the notice of seizure. If a request for a hearing is not

6055

timely received, the court shall forfeit to the commission the

6056

right to, title to, and interest in the property seized, subject

6057

only to the rights and interests of bona fide lienholders.

6058

(5) All amounts received from the sale or other

6059

disposition of the property shall be paid into the State Game

6060

Trust Fund ~~or into the commission's Federal Law Enforcement~~

6061

~~Trust Fund as provided in s. 372.107, as applicable~~. If the

6062

property is not sold or converted, it shall be delivered to the

6063

executive director of the commission.

6064

Section 123. Section 372.9904, Florida Statutes, is

6065

renumbered as section 379.3395, Florida Statutes, and amended to

6066

read:

6067

379.3395 ~~372.9904~~ Seizure of illegal transportation

6068

devices; disposition; appraisal; forfeiture.--

6069

(1) Any vehicle, vessel, or other transportation device

6070

used in the commission of the offense prohibited by s. 379.406

6071

~~372.9903~~, except a vehicle, vessel, or other transportation

6072

device duly registered as a common carrier and operated in

6073

lawful transaction of business as such carrier, shall be seized

6074

by the arresting officer, who shall promptly make return of the

6075

seizure and deliver the property to the director of the Fish and

6076

Wildlife Conservation Commission. The return shall describe the

6077

property seized and recite in detail the facts and circumstances

6078

under which it was seized, together with the reason that the

6079

property was subject to seizure. The return shall also contain

6080

the names of all persons known to the officer to be interested

6081

in the property.

6082

(2) The commission, upon receipt of the property, shall

6083

promptly fix its value and make return thereof to the clerk of

6084

the circuit court of the county wherein the article was seized;

6085

after which, on proper showing of ownership of the property by

6086

someone other than the person arrested, the property shall be

6087

returned by the court to the said owner.

6088

(3) Upon conviction of the violator, the property, if

6089

owned by the person convicted, shall be forfeited to the state

6090

under the procedure set forth in ss. 379.337 and 379.362 ~~370.061~~

6091

~~and 370.07~~, when not inconsistent with this section. All amounts

6092

received from the sale or other disposition of the property

6093

shall be paid into the State Game Trust Fund ~~or into the~~

6094

~~commission's Federal Law Enforcement Trust Fund as provided in~~

6095

~~s. 372.107, as applicable~~. If the property is not sold or

6096

converted, it shall be delivered to the director of the Fish and

6097

Wildlife Conservation Commission.

6098

Section 124. Section 372.99021, Florida Statutes, is

6099

renumbered as section 379.341, Florida Statutes, to read:

6100

379.341 ~~372.99021~~ Disposition of illegal fishing devices;

6101

exercise of police power.--

6102

(1) In all cases of arrest and conviction for use of

6103

illegal nets or traps or fishing devices, as provided in this

6104

chapter, such illegal net, trap, or fishing device is declared

6105

to be a nuisance and shall be seized and carried before the

6106

court having jurisdiction of such offense and said court shall

6107

order such illegal trap, net, or fishing device forfeited to the

6108

commission immediately after trial and conviction of the person

6109

in whose possession they were found. When any illegal net, trap,

6110

or fishing device is found in the fresh waters of the state, and

6111

the owner of same shall not be known to the officer finding the

6112

same, such officer shall immediately procure from the county

6113

court judge an order forfeiting said illegal net, trap, or

6114

fishing device to the commission. The commission may destroy

6115

such illegal net, trap, or fishing device, if in its judgment

6116

said net, trap, or fishing device is not of value in the work of

6117

the department.

6118

(2) When any nets, traps, or fishing devices are found

6119

being used illegally as provided in this chapter, the same shall

6120

be seized and forfeited to the commission as provided in this

6121

chapter.

6122

(3) This section is necessary for the more efficient and

6123

proper enforcement of the statutes and laws of this state

6124

prohibiting the illegal use of nets, traps, or fishing devices

6125

and is a lawful exercise of the police power of the state for

6126

the protection of the public welfare, health, and safety of the

6127

people of the state. All the provisions of this section shall be

6128

liberally construed for the accomplishment of these purposes.

6129

Section 125. Section 372.9905, Florida Statutes, is

6130

renumbered as section 379.342, Florida Statutes, and amended to

6131

read:

6132

379.342 ~~372.9905~~ Applicability of ss. 379.339, 379.340,

6133

379.404, and 379.406 ~~372.99, 372.9901, 372.9903, and~~

6134

~~372.9904~~.--The provisions of ss. 379.339, 379.340, 379.404, and

6135

379.406 ~~372.99, 372.9901, 372.9903, and 372.9904~~ relating to

6136

seizure and forfeiture of animals or of vehicles, vessels, or

6137

other transportation devices do not vitiate any valid lien,

6138

retain title contract, or chattel mortgage on such animals or

6139

vehicles, vessels, or other transportation devices if such lien,

6140

retain title contract, or chattel mortgage is properly of public

6141

record at the time of the seizure.

6142

Section 126. Section 372.0715, Florida Statutes, is

6143

renumbered as section 379.343, Florida Statutes, to read:

6144

379.343 ~~372.0715~~ Rewards.--The Fish and Wildlife

6145

Conservation Commission is authorized to offer rewards in

6146

amounts of up to $500 to any person furnishing information

6147

leading to the arrest and conviction of any person who has

6148

inflicted or attempted to inflict bodily injury upon any

6149

wildlife officer engaged in the enforcement of the provisions of

6150

this chapter or the rules and regulations of the Fish and

6151

Wildlife Conservation Commission.

6152

Section 127. Part VI of chapter 379, Florida Statutes,

6153

consisting of sections 379.350, 379.3501, 379.3502, 379.3503,

6154

379.3504, 379.3511, 379.3512, 379.352, 379.353, 379.354,

6155

379.355, 379.356, 379.357, 379.3581, 379.3582, and 379.3582, is

6156

created to read:

6157

PART VI

6158

LICENSES FOR RECREATIONAL ACTIVITIES

6159

6160

Section 128. Section 372.5711, Florida Statutes, is

6161

renumbered as section 379.35, Florida Statutes, to read:

6162

379.35 ~~372.5711~~ Review of fees for licenses and permits;

6163

review of exemptions.--The fees for licenses and permits

6164

established under this chapter, and exemptions thereto, shall be

6165

reviewed by the Legislature during its regular session every 5

6166

years beginning in 2000.

6167

Section 129. Section 372.571, Florida Statutes, is

6168

renumbered as section 379.3501, Florida Statutes, and amended to

6169

read:

6170

379.3501 ~~372.571~~ Expiration of licenses and permits.--Each

6171

license or permit issued under this part ~~chapter~~ must be dated

6172

when issued. Each license or permit issued under this part

6173

~~chapter~~ remains valid for 12 months after the date of issuance,

6174

except for a lifetime license issued pursuant to s. 379.354

6175

~~372.57~~ which is valid from the date of issuance until the death

6176

of the individual to whom the license is issued unless otherwise

6177

revoked in accordance with s. 379.401 ~~372.83~~ or s. 379.404

6178

~~372.99~~, or a 5-year license issued pursuant to s. 379.354 ~~372.57~~

6179

which is valid for 5 consecutive years from the date of purchase

6180

unless otherwise revoked in accordance with s. 379.401 ~~372.83~~ or

6181

s. 379.404 ~~372.99~~, or a license issued pursuant to s.

6182

379.354(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.

6183

~~372.57(5)(a), (b), (c), (d), or (g) or (8)(f), (g)2., or (h)1.~~,

6184

which is valid for the period specified on the license. A

6185

resident lifetime license or a resident 5-year license that has

6186

been purchased by a resident of this state and who subsequently

6187

resides in another state shall be honored for activities

6188

authorized by that license.

6189

Section 130. Section 372.59, Florida Statutes, is

6190

renumbered as section 379.3502, Florida Statutes, and amended to

6191

read:

6192

379.3502 ~~372.59~~ License and permit not transferable.--A

6193

person may not alter or change in any manner, or loan or

6194

transfer to another, unless otherwise provided, any license or

6195

permit issued pursuant to the provisions of this chapter, nor

6196

may any other person, other than the person to whom it is

6197

issued, use the same.

6198

Section 131. Section 372.58, Florida Statutes, is

6199

renumbered as section 379.3503, Florida Statutes, and amended to

6200

read:

6201

379.3503 ~~372.58~~ False statement in application for license

6202

or permit.--Any person who swears or affirms to any false

6203

statement in any application for license or permit provided by

6204

this chapter, is guilty of violating this chapter, and shall be

6205

subject to the penalty provided in s. 379.401 ~~372.83~~, and any

6206

false statement contained in any application for such license or

6207

permit renders the license or permit void.

6208

Section 132. Section 372.581, Florida Statutes, is

6209

renumbered as section 379.3504, Florida Statutes, and amended to

6210

read:

6211

379.3504 ~~372.581~~ Entering false information on licenses or

6212

permits.--Whoever knowingly and willfully enters false

6213

information on, or allows or causes false information to be

6214

entered on or shown upon any license or permit issued under the

6215

provisions of this chapter in order to avoid prosecution or to

6216

assist another to avoid prosecution, or for any other wrongful

6217

purpose shall be punished as provided in s. 379.401 ~~372.83~~.

6218

Section 133. Section 372.574, Florida Statutes, is

6219

renumbered as section 379.3511, Florida Statutes, and amended to

6220

read:

6221

379.3511 ~~372.574~~ Appointment of subagents for the sale of

6222

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

6223

(1) Subagents shall serve at the pleasure of the

6224

commission. The commission may establish, by rule, procedures

6225

for the selection and appointment of subagents. The following

6226

are requirements for subagents so appointed:

6227

(a) The commission may require each subagent to post an

6228

appropriate bond as determined by the commission, using an

6229

insurance company acceptable to the commission. In lieu of the

6230

bond, the commission may purchase blanket bonds covering all or

6231

selected subagents or may allow a subagent to post other

6232

security as required by the commission.

6233

(b) A subagent may sell licenses and permits as authorized

6234

by the commission at specific locations within the county and in

6235

states as will best serve the public interest and convenience in

6236

obtaining licenses and permits. The commission may prohibit

6237

subagents from selling certain licenses or permits.

6238

6239

permits for a fee or compensation of any kind unless he or she

6240

has been appointed as a subagent.

6241

(d) Any person who willfully violates any of the

6242

provisions of this section commits a misdemeanor of the second

6243

degree, punishable as provided in s. 775.082 or s. 775.083.

6244

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

6245

compensation 50 cents for each license or permit sold. This

6246

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

6247

for the sale and issuance of each license or permit.

6248

(f) A subagent shall submit payment for and report the

6249

sale of licenses and permits to the commission as prescribed by

6250

the commission.

6251

(2) The Fish and Wildlife Conservation Commission or any

6252

other law enforcement agency may carry out any investigation

6253

necessary to secure information required to carry out and

6254

enforce this section.

6255

(3) All social security numbers that are provided pursuant

6256

to ss. 379.352 and 379.354 ~~372.561 and 372.57~~ and are contained

6257

in records of any subagent appointed under this section are

6258

confidential as provided in those sections.

6259

Section 134. Section 372.551, Florida Statutes, is

6260

renumbered as section 379.3512, Florida Statutes, to read:

6261

379.3512 ~~372.551~~ Competitive bidding for certain sale of

6262

licenses and permits and the issuance of authorization

6263

numbers.--The commission is authorized to establish the

6264

following, using competitive bidding procedures:

6265

(1) A process and a vendor fee for the sale of licenses

6266

and permits, and the issuance of authorization numbers, over the

6267

telephone.

6268

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

6269

licenses and permits and for the electronic issuance of

6270

authorization numbers.

6271

Section 135. Section 372.561, Florida Statutes, is

6272

renumbered as section 379.352, Florida Statutes, and amended to

6273

read:

6274

379.352 ~~372.561~~ Recreational licenses, permits, and

6275

authorization numbers to take wild animal life, freshwater

6276

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

6277

(1) This section applies to all recreational licenses and

6278

permits and to any authorization numbers issued by the

6279

commission for the use of such recreational licenses or permits.

6280

(2) The commission shall establish forms for the issuance

6281

of recreational licenses and permits.

6282

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

6283

authorization number to take wild animal life, freshwater

6284

aquatic life, or marine life when an applicant provides proof

6285

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

6286

authorization number. Each applicant for a recreational license,

6287

permit, or authorization number shall provide her or his social

6288

security number on the application form. Disclosure of social

6289

security numbers obtained through this requirement shall be

6290

limited to the purposes of administration of the Title IV-D

6291

program for child support enforcement, use by the commission,

6292

and as otherwise provided by law.

6293

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

6294

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

6295

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

6296

subagent authorized under s. 379.3511 ~~372.574~~.

6297

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

6298

$1.50 shall be charged for each license or management area

6299

permit, except for replacement licenses, to cover the cost of

6300

issuing such license or permit.

6301

(6)(a) The fee established pursuant to subsection (5)

6302

shall be distributed as follows:

6303

1. For each hunting license and freshwater fishing license

6304

sold by a tax collector, including the combination freshwater

6305

fishing and hunting license, the sportsman's license, and the

6306

gold sportsman's license, a tax collector may retain $1.00.

6307

2. For each management area permit sold by a tax

6308

collector, a tax collector may retain $1.00.

6309

3. For each saltwater fishing tag and saltwater fishing

6310

license sold by a tax collector, including the combination

6311

saltwater fishing and freshwater fishing license and the

6312

combination saltwater fishing, freshwater fishing, and hunting

6313

license, a tax collector may retain $1.50.

6314

4. For licenses and management area permits sold by

6315

subagents, a tax collector may retain 50 cents for each license

6316

sold in the tax collector's county.

6317

5. Any and all remaining fees shall be deposited in the

6318

State Game Trust Fund and shall be used to support an automated

6319

license system and administration of the license program.

6320

(b) Tax collectors shall remit license and permit revenue

6321

to the commission weekly.

6322

(7)(a) The sum of $10 shall be charged for each

6323

replacement lifetime license and $2 for all other replacement

6324

licenses and permits. A tax collector may retain $1.00 for each

6325

replacement license.

6326

(b) Fees collected from the issuance of replacement

6327

licenses shall be deposited in the State Game Trust Fund.

6328

(8) At each location where hunting, fishing, or trapping

6329

licenses or permits are sold, voter registration applications

6330

shall be displayed and made available to the public. Subagents

6331

shall ask each person who applies for a hunting, fishing, or

6332

trapping license or permit if he or she would like a voter

6333

registration application and may provide such application to the

6334

license or permit applicant but shall not assist such persons

6335

with voter registration applications or collect complete or

6336

incomplete voter registration applications.

6337

(9) Except as provided in subsections (8) and (12), each

6338

person who applies for a hunting, fishing, or trapping license

6339

or permit shall be asked if he or she would like the appropriate

6340

supervisor of elections to provide a voter registration

6341

application to the applicant at a later date. If at the time a

6342

license is purchased the applicant indicates that he or she

6343

would like to receive a voter registration application, the

6344

commission shall, within 7 days, make the request available to

6345

the appropriate supervisor of elections or voter registration

6346

agency so that an application may be sent to the applicant.

6347

Supervisors of elections shall mail an application to each

6348

person requesting such application within 5 business days after

6349

receipt of the request.

6350

(10) The commission may satisfy the requirements of

6351

subsection (9) by providing access to an Internet site with the

6352

voter registration information included thereon.

6353

(11) When acting in its official capacity pursuant to this

6354

section, neither the commission nor a subagent is deemed a

6355

third-party registration organization, as defined in s.

6356

97.021(36), or a voter registration agency, as defined in s.

6357

97.021(40), and is not authorized to solicit, accept, or collect

6358

voter registration applications or provide voter registration

6359

services.

6360

(12) Each person who applies for a hunting, fishing, or

6361

trapping license or permit on the Internet shall be provided a

6362

link to the Department of State's online uniform statewide voter

6363

registration application.

6364

(13) The commission, any tax collector in this state, or

6365

any subagent authorized to sell licenses and permits under s.

6366

379.3511 ~~372.574~~ may request and collect donations when selling

6367

a recreational license or permit authorized under s. 379.354

6368

~~372.57~~. All donations collected under this subsection shall be

6369

deposited into the State Game Trust Fund to be used solely for

6370

the purpose of enhancing youth hunting and youth freshwater and

6371

saltwater fishing programs. By January 1, the commission shall

6372

provide a complete and detailed annual report on the status of

6373

its youth programs and activities performed under this

6374

subsection to the Governor, the President of the Senate, and the

6375

Speaker of the House of Representatives.

6376

(14) The commission is authorized to adopt rules pursuant

6377

to ss. 120.536(1) and 120.54 to implement the provisions of this

6378

section.

6379

Section 136. Section 372.562, Florida Statutes, is

6380

renumbered as section 379.353, Florida Statutes, and amended to

6381

read:

6382

379.353 ~~372.562~~ Recreational licenses and permits;

6383

exemptions from fees and requirements.--

6384

(1) Hunting, freshwater fishing, and saltwater fishing

6385

licenses and permits shall be issued without fee to any resident

6386

who is certified or determined:

6387

(a) To be totally and permanently disabled for purposes of

6388

workers' compensation under chapter 440 as verified by an order

6389

of a judge of compensation claims or written confirmation by the

6390

carrier providing workers' compensation benefits, or to be

6391

totally and permanently disabled by the Railroad Retirement

6392

Board, by the United States Department of Veterans Affairs or

6393

its predecessor, or by any branch of the United States Armed

6394

Forces, or who holds a valid identification card issued under

6395

the provisions of s. 295.17, upon proof of same. Any license

6396

issued under this paragraph after January 1, 1997, expires after

6397

5 years and must be reissued, upon request, every 5 years

6398

thereafter.

6399

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

6400

Administration, upon proof of same. Any license issued under

6401

this paragraph after October 1, 1999, expires after 2 years and

6402

must be reissued, upon proof of certification of disability,

6403

every 2 years thereafter.

6404

6405

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

6406

1, 2000, retains the rights vested thereunder until the license

6407

has expired.

6408

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

6409

license or permit is not required for:

6410

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

6411

provided in this part ~~chapter~~.

6412

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

6413

homestead property, or on the homestead property of the person's

6414

spouse or minor child; or any minor child hunting or freshwater

6415

fishing on the homestead property of her or his parent.

6416

6417

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

6418

for 30 days or less, upon submission of orders.

6419

(d) Any resident freshwater fishing for recreational

6420

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

6421

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

6422

fishing line retrieval mechanism. This exemption does not apply

6423

to residents fishing in a legally established fish management

6424

area.

6425

(e) Any person freshwater fishing in a fish pond of 20

6426

acres or less that is located entirely within the private

6427

property of the fish pond owner.

6428

(f) Any person freshwater fishing in a fish pond that is

6429

licensed in accordance with s. 379.356 ~~372.5705~~.

6430

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

6431

for developmental disabilities services by the Department of

6432

Children and Family Services, provided the department furnishes

6433

proof thereof.

6434

(h) Any resident saltwater fishing from land or from a

6435

structure fixed to the land.

6436

(i) Any person saltwater fishing from a vessel licensed

6437

pursuant to s. 379.354(7) ~~372.57(7)~~.

6438

(j) Any person saltwater fishing from a vessel the

6439

operator of which is licensed pursuant to s. 379.354(7)

6440

~~372.57(7)~~.

6441

(k) Any person saltwater fishing who holds a valid

6442

saltwater products license issued under s. 379.361(2) ~~370.06(2)~~.

6443

(l) Any person saltwater fishing for recreational purposes

6444

from a pier licensed under s. 379.354 ~~372.57~~.

6445

(m) Any resident fishing for a saltwater species in fresh

6446

water from land or from a structure fixed to land.

6447

(n) Any resident fishing for mullet in fresh water who has

6448

a valid Florida freshwater fishing license.

6449

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

6450

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

6451

under this paragraph may be obtained from any tax collector's

6452

office upon proof of age and residency and must be in the

6453

possession of the resident during hunting, freshwater fishing,

6454

and saltwater fishing activities.

6455

(p) Any employee of the commission who takes freshwater

6456

fish, saltwater fish, or game as part of employment with the

6457

commission, or any other person authorized by commission permit

6458

to take freshwater fish, saltwater fish, or game for scientific

6459

or educational purposes.

6460

(q) Any resident recreationally freshwater fishing who

6461

holds a valid commercial fishing license issued under s.

6462

379.3625(1)(a) ~~372.65(1)(a)~~.

6463

Section 137. Section 372.57, Florida Statutes, is

6464

renumbered as section 379.354, Florida Statutes, and amended to

6465

read:

6466

379.354 ~~372.57~~ Recreational licenses, permits, and

6467

authorization numbers; fees established.--

6468

(1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER

6469

REQUIRED.--Except as provided in s. 379.353 ~~372.562~~, no person

6470

shall take game, freshwater or saltwater fish, or fur-bearing

6471

animals within this state without having first obtained a

6472

license, permit, or authorization number and paid the fees set

6473

forth in this chapter. Such license, permit, or authorization

6474

number shall authorize the person to whom it is issued to take

6475

game, freshwater or saltwater fish, or fur-bearing animals, and

6476

participate in outdoor recreational activities in accordance

6477

with the laws of the state and rules of the commission.

6478

(2) NONTRANSFERABILITY; INFORMATION AND DOCUMENTATION.--

6479

(a) Licenses, permits, and authorization numbers issued

6480

under this part ~~chapter~~ are not transferable. Each license and

6481

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

6482

person to whom it is issued and other information as deemed

6483

necessary by the commission. Licenses issued to the owner,

6484

operator, or custodian of a vessel that directly or indirectly

6485

collects fees for taking or attempting to take or possess

6486

saltwater fish for noncommercial purposes must include the

6487

vessel registration number or federal documentation number.

6488

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

6489

in this section shall be embossed with the name, date of birth,

6490

date of issuance, and other pertinent information as deemed

6491

necessary by the commission. A certified copy of the applicant's

6492

birth certificate shall accompany each application for a

6493

lifetime license for a resident 12 years of age or younger.

6494

6495

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

6496

an authorization number issued under this chapter, or when

6497

otherwise required by a license or permit.

6498

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

6499

or authorization number must be in the personal possession of

6500

the person to whom it is issued while such person is taking,

6501

attempting to take, or possessing game, freshwater or saltwater

6502

fish, or fur-bearing animals. Any person taking, attempting to

6503

take, or possessing game, freshwater or saltwater fish, or fur-

6504

bearing animals who fails to produce a license, permit, or

6505

authorization number at the request of a commission law

6506

enforcement officer commits a violation of the law.

6507

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

6508

and fees for residents participating in hunting and fishing

6509

activities in this state are as follows:

6510

(a) Annual freshwater fishing license, $15.50.

6511

(b) Annual saltwater fishing license, $15.50.

6512

6513

(d) Annual combination hunting and freshwater fishing

6514

license, $31.

6515

(e) Annual combination freshwater fishing and saltwater

6516

fishing license, $31.

6517

(f) Annual combination hunting, freshwater fishing, and

6518

saltwater fishing license, $46.50.

6519

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

6520

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

6521

license who is taking fur-bearing animals for noncommercial

6522

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

6523

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

6524

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

6525

this license.

6526

(h) Annual sportsman's license, $79, except that an annual

6527

sportsman's license for a resident 64 years of age or older is

6528

$12. A sportsman's license authorizes the person to whom it is

6529

issued to take game and freshwater fish, subject to the state

6530

and federal laws, rules, and regulations, including rules of the

6531

commission, in effect at the time of the taking. Other

6532

authorized activities include activities authorized by a

6533

management area permit, a muzzle-loading gun season permit, a

6534

crossbow season permit, a turkey permit, a Florida waterfowl

6535

permit, and an archery season permit.

6536

(i) Annual gold sportsman's license, $98.50. The gold

6537

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

6538

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

6539

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

6540

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

6541

authorized activities include activities authorized by a

6542

management area permit, a muzzle-loading gun season permit, a

6543

crossbow season permit, a turkey permit, a Florida waterfowl

6544

permit, an archery season permit, a snook permit, and a spiny

6545

lobster permit.

6546

(j) Annual military gold sportsman's license, $18.50. The

6547

gold sportsman's license authorizes the person to whom it is

6548

issued to take freshwater fish, saltwater fish, and game,

6549

subject to the state and federal laws, rules, and regulations,

6550

including rules of the commission, in effect at the time of

6551

taking. Other authorized activities include activities

6552

authorized by a management area permit, a muzzle-loading gun

6553

season permit, a crossbow season permit, a turkey permit, a

6554

Florida waterfowl permit, an archery season permit, a snook

6555

permit, and a spiny lobster permit. Any resident who is an

6556

active or retired member of the United States Armed Forces, the

6557

United States Armed Forces Reserve, the National Guard, the

6558

United States Coast Guard, or the United States Coast Guard

6559

Reserve is eligible to purchase the military gold sportsman's

6560

license upon submission of a current military identification

6561

card.

6562

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

6563

licenses and fees for nonresidents participating in hunting and

6564

fishing activities in the state are as follows:

6565

(a) Freshwater fishing license to take freshwater fish for

6566

3 consecutive days, $15.50.

6567

(b) Freshwater fishing license to take freshwater fish for

6568

7 consecutive days, $28.50.

6569

6570

consecutive days, $15.50.

6571

(d) Saltwater fishing license to take saltwater fish for 7

6572

consecutive days, $28.50.

6573

(e) Annual freshwater fishing license, $45.50.

6574

(f) Annual saltwater fishing license, $45.50.

6575

(g) Hunting license to take game for 10 consecutive days,

6576

$45.

6577

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

6578

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

6579

However, a nonresident with a valid Florida hunting license who

6580

is taking fur-bearing animals for noncommercial purposes using

6581

guns or dogs only, and not traps or other devices, is not

6582

required to purchase this license.

6583

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

6584

land for the purpose of taking or attempting to take saltwater

6585

fish is $500 per year. The pier license may be purchased at the

6586

option of the owner, operator, or custodian of such pier and

6587

must be available for inspection at all times.

6588

(7) VESSEL LICENSES.--

6589

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

6590

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

6591

attempting to take, or possessing any saltwater fish for

6592

noncommercial purposes unless she or he has obtained a license

6593

for each vessel for that purpose, and has paid the license fee

6594

pursuant to paragraphs (b) and (c) for such vessel.

6595

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

6596

licensed to carry more than 10 customers, wherein a fee is paid,

6597

either directly or indirectly, for the purpose of taking or

6598

attempting to take saltwater fish, is $800 per year. The license

6599

must be kept aboard the vessel at all times.

6600

6601

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

6602

licensed to operate any vessel carrying 6 or fewer customers,

6603

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

6604

purpose of taking or attempting to take saltwater fish, is $400

6605

per year.

6606

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

6607

carrying 6 or fewer customers but who operates a vessel carrying

6608

4 or fewer customers, wherein a fee is paid, either directly or

6609

indirectly, for the purpose of taking or attempting to take

6610

saltwater fish, is $200 per year. The license must be kept

6611

aboard the vessel at all times.

6612

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

6613

pursuant to paragraph (b) or this paragraph may obtain a license

6614

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

6615

and apply to any vessel operated by the purchaser, provided that

6616

the purchaser has paid the appropriate license fee.

6617

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

6618

for which no fee is paid, either directly or indirectly, by

6619

guests for the purpose of taking or attempting to take saltwater

6620

fish noncommercially is $2,000 per year. The license may be

6621

purchased at the option of the vessel owner and must be kept

6622

aboard the vessel at all times. A log of species taken and the

6623

date the species were taken shall be maintained and a copy of

6624

the log filed with the commission at the time of renewal of the

6625

license.

6626

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

6627

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

6628

must maintain and report such statistical data as required by,

6629

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

6630

(8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY

6631

PERMITS.--In addition to any license required under this

6632

chapter, the following permits and fees for specified hunting,

6633

fishing, and recreational uses and activities are required:

6634

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

6635

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

6636

coastal waters is $3.

6637

(b)1. An annual Florida turkey permit for a resident to

6638

take wild turkeys within the state is $5.

6639

2. An annual Florida turkey permit for a nonresident to

6640

take wild turkeys within the state is $100.

6641

6642

to take or possess any snook from any waters of the state is $2.

6643

Revenue generated from the sale of snook permits shall be used

6644

exclusively for programs to benefit the snook population.

6645

(d) An annual spiny lobster permit for a resident or

6646

nonresident to take or possess any spiny lobster for

6647

recreational purposes from any waters of the state is $2.

6648

Revenue generated from the sale of spiny lobster permits shall

6649

be used exclusively for programs to benefit the spiny lobster

6650

population.

6651

(e) A $5 fee is imposed for each of the following permits:

6652

1. An annual archery season permit for a resident or

6653

nonresident to hunt within the state during any archery season

6654

authorized by the commission.

6655

2. An annual crossbow season permit for a resident or

6656

nonresident to hunt within the state during any crossbow season

6657

authorized by the commission.

6658

3. An annual muzzle-loading gun season permit for a

6659

resident or nonresident to hunt within the state during any

6660

muzzle-loading gun season authorized by the commission.

6661

(f) A special use permit for a resident or nonresident to

6662

participate in limited entry hunting or fishing activities as

6663

authorized by commission rule shall not exceed $100 per day or

6664

$250 per week. Notwithstanding any other provision of this

6665

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

6666

this permit fee. In addition to the permit fee, the commission

6667

may charge each special use permit applicant a nonrefundable

6668

application fee not to exceed $10.

6669

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

6670

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

6671

recreational purposes land owned, leased, or managed by the

6672

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

6673

commission, shall not exceed $25 per year.

6674

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

6675

leased, or managed by the commission may be established by rule

6676

of the commission for activities on such lands. Such permits may

6677

be in lieu of, or in addition to, the annual management area

6678

permit authorized in subparagraph 1.

6679

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

6680

this paragraph shall not apply on any lands not owned by the

6681

commission, unless the commission has obtained the written

6682

consent of the owner or primary custodian of such lands.

6683

(h)1. A recreational user permit is required to hunt on,

6684

fish on, or otherwise use for outdoor recreational purposes land

6685

leased by the commission from private nongovernmental owners,

6686

except for those lands located directly north of the

6687

Apalachicola National Forest, east of the Ochlocknee River until

6688

the point the river meets the dam forming Lake Talquin, and

6689

south of the closest federal highway. The fee for a recreational

6690

user permit shall be based upon the economic compensation

6691

desired by the landowner, game population levels, desired hunter

6692

density, and administrative costs. The permit fee shall be set

6693

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

6694

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

6695

shall be remitted to the landowner as provided in the lease

6696

agreement for each area.

6697

2. One minor dependent under 16 years of age may hunt

6698

under the supervision of the permittee and is exempt from the

6699

recreational user permit requirements. The spouse and dependent

6700

children of a permittee are exempt from the recreational user

6701

permit requirements when engaged in outdoor recreational

6702

activities other than hunting and when accompanied by a

6703

permittee. Notwithstanding any other provision of this chapter,

6704

no other exclusions, exceptions, or exemptions from the

6705

recreational user permit fee are authorized.

6706

(9) RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--

6707

(a) Five-year licenses are available for residents only,

6708

as follows:

6709

1. A 5-year freshwater fishing or saltwater fishing

6710

license is $77.50 for each type of license and authorizes the

6711

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

6712

or possess freshwater fish or saltwater fish consistent with the

6713

state and federal laws and regulations and rules of the

6714

commission in effect at the time of taking.

6715

2. A 5-year hunting license is $77.50 and authorizes the

6716

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

6717

possess game consistent with the state and federal laws and

6718

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

6719

taking.

6720

3. The commission is authorized to sell the hunting,

6721

fishing, and recreational activity permits authorized in

6722

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

6723

year fishing and hunting licenses. The fee for each permit

6724

issued under this paragraph shall be five times the annual cost

6725

established in subsection (8).

6726

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

6727

permits shall be deposited into the Dedicated License Trust

6728

Fund, to be distributed in accordance with the provisions of s.

6729

379.203 ~~372.106~~.

6730

(10) RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING

6731

LICENSES.--

6732

(a) Lifetime freshwater fishing licenses or saltwater

6733

fishing licenses are available for residents only, as follows,

6734

for:

6735

1. Persons 4 years of age or younger, for a fee of $125.

6736

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

6737

age, for a fee of $225.

6738

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

6739

(b) The following activities are authorized by the

6740

purchase of a lifetime freshwater fishing license:

6741

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

6742

fish consistent with the state and federal laws and regulations

6743

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

6744

2. All activities authorized by a management area permit,

6745

excluding hunting.

6746

6747

purchase of a lifetime saltwater fishing license:

6748

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

6749

fish consistent with the state and federal laws and regulations

6750

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

6751

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

6752

lobster permit.

6753

3. All activities for which an additional license, permit,

6754

or fee is required to take or attempt to take or possess

6755

saltwater fish, which additional license, permit, or fee was

6756

imposed subsequent to the date of the purchase of the lifetime

6757

saltwater fishing license.

6758

(11) RESIDENT LIFETIME HUNTING LICENSES.--

6759

(a) Lifetime hunting licenses are available to residents

6760

only, as follows, for:

6761

1. Persons 4 years of age or younger, for a fee of $200.

6762

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

6763

age, for a fee of $350.

6764

3. Persons 13 years of age or older, for a fee of $500.

6765

(b) The following activities are authorized by the

6766

purchase of a lifetime hunting license:

6767

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

6768

consistent with the state and federal laws and regulations and

6769

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

6770

2. All activities authorized by a muzzle-loading gun

6771

season permit, a crossbow season permit, a turkey permit, an

6772

archery season permit, a Florida waterfowl permit, and a

6773

management area permit, excluding fishing.

6774

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

6775

(a) Lifetime sportsman's licenses are available to

6776

residents only, as follows, for:

6777

1. Persons 4 years of age or younger, for a fee of $400.

6778

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

6779

age, for a fee of $700.

6780

3. Persons 13 years of age or older, for a fee of $1,000.

6781

(b) The following activities are authorized by the

6782

purchase of a lifetime sportsman's license:

6783

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

6784

and saltwater fish, and game, consistent with the state and

6785

federal laws and regulations and rules of the commission in

6786

effect at the time of taking.

6787

2. All activities authorized by a management area permit,

6788

a muzzle-loading gun season permit, a crossbow season permit, a

6789

turkey permit, an archery season permit, a Florida waterfowl

6790

permit, a snook permit, and a spiny lobster permit.

6791

(13) PROCEEDS FROM THE SALE OF LIFETIME LICENSES.--The

6792

proceeds from the sale of all lifetime licenses authorized in

6793

this section shall be deposited into the Lifetime Fish and

6794

Wildlife Trust Fund, to be distributed as provided in s. 379.207

6795

~~372.105~~.

6796

(14) RECIPROCAL FEE AGREEMENTS.--The commission is

6797

authorized to reduce the fees for licenses and permits under

6798

this section for residents of those states with which the

6799

commission has entered into reciprocal agreements with respect

6800

to such fees.

6801

(15) FREE FISHING DAYS.--The commission may designate by

6802

rule no more than 2 consecutive or nonconsecutive days in each

6803

year as free freshwater fishing days and no more than 2

6804

consecutive or nonconsecutive days in each year as free

6805

saltwater fishing days. Notwithstanding any other provision of

6806

this chapter, any person may take freshwater fish for

6807

noncommercial purposes on a free freshwater fishing day and may

6808

take saltwater fish for noncommercial purposes on a free

6809

saltwater fishing day, without obtaining or possessing a license

6810

or permit or paying a license or permit fee as prescribed in

6811

this section. A person who takes freshwater or saltwater fish on

6812

a free fishing day must comply with all laws, rules, and

6813

regulations governing the holders of a fishing license or permit

6814

and all other conditions and limitations regulating the taking

6815

of freshwater or saltwater fish as are imposed by law or rule.

6816

(16) PROHIBITED LICENSES OR PERMITS.--A person may not

6817

make, forge, counterfeit, or reproduce a license or permit

6818

required under this section, except for those persons authorized

6819

by the commission to make or reproduce such a license or permit.

6820

A person may not knowingly possess a forgery, counterfeit, or

6821

unauthorized reproduction of such a license or permit. A person

6822

who violates this subsection commits a Level Four violation

6823

under s. 379.401 ~~372.83~~.

6824

(17) SUSPENDED OR REVOKED LICENSES.--A person may not take

6825

game, freshwater fish, saltwater fish, or fur-bearing animals

6826

within this state if a license issued to such person as required

6827

under this section or a privilege granted to such person under

6828

s. 379.353 ~~372.562~~ is suspended or revoked. A person who

6829

violates this subsection commits a Level Three violation under

6830

s. 379.401 ~~372.83~~.

6831

Section 138. Section 370.063, Florida Statutes, is

6832

renumbered as section 379.355, Florida Statutes, and amended to

6833

read:

6834

379.355 ~~370.063~~ Special recreational spiny lobster

6835

license.--There is created a special recreational spiny lobster

6836

license, to be issued to qualified persons as provided by this

6837

section for the recreational harvest of spiny lobster beginning

6838

August 5, 1994.

6839

(1) The special recreational spiny lobster license shall

6840

be available to any individual spiny lobster trap number holder

6841

who also possesses a saltwater products license during the 1993-

6842

1994 license year. A person issued a special recreational spiny

6843

lobster license may not also possess a trap number.

6844

(2) The special recreational spiny lobster license is

6845

required in order to harvest spiny lobster from state

6846

territorial waters in quantities in excess of the regular

6847

recreational bag limit but not in excess of a special bag limit

6848

as established by the Marine Fisheries Commission for these

6849

harvesters before the 1994-1995 license year. Such special bag

6850

limit does not apply during the 2-day sport season established

6851

by the Fish and Wildlife Conservation Commission.

6852

(3) The holder of a special recreational spiny lobster

6853

license must also possess the recreational spiny lobster permit

6854

required by s. 379.354(8)(d) ~~372.57(8)(d)~~.

6855

~~(4) As a condition precedent to the issuance of a special~~

6856

~~recreational spiny lobster license, the applicant must agree to~~

6857

~~file quarterly reports with the Fish and Wildlife Conservation~~

6858

~~Commission in such form as the commission requires, detailing~~

6859

~~the amount of the licenseholder's spiny lobster harvest in the~~

6860

~~previous quarter, including the harvest of other recreational~~

6861

~~harvesters aboard the licenseholder's vessel.~~

6862

(4)~~(5)~~ The Fish and Wildlife Conservation Commission shall

6863

issue special recreational spiny lobster licenses. The fee for

6864

each such license is $100 per year. Each license issued in any

6865

license year must be renewed by June 30 of each subsequent year

6866

by the initial individual holder thereof. ~~Noncompliance with the~~

6867

~~reporting requirement in subsection (4) or with the special~~

6868

~~recreational bag limit established under subsection (6)~~

6869

~~constitutes grounds for which the commission may refuse to renew~~

6870

~~the license for a subsequent license year.~~ The number of such

6871

licenses outstanding in any one license year may not exceed the

6872

number issued for the 1994-1995 license year. A license is not

6873

transferable by any method. Licenses that are not renewed expire

6874

and may be reissued by the commission in the subsequent license

6875

year to new applicants otherwise qualified under this section.

6876

~~(6) To promote conservation of the spiny lobster resource,~~

6877

~~consistent with equitable distribution and availability of the~~

6878

~~resource, the commission shall establish a spiny lobster~~

6879

~~management plan incorporating the special recreational spiny~~

6880

~~lobster license, including, but not limited to, the~~

6881

~~establishment of a special recreational bag limit for the~~

6882

~~holders of such license as required by subsection (2). Such~~

6883

~~special recreational bag limit must not be less than twice the~~

6884

~~higher of the daily recreational bag limits.~~

6885

(5)~~(7)~~ The proceeds of the fees collected under this

6886

section must be deposited in the Marine Resources Conservation

6887

Trust Fund and used as follows:

6888

(a) Thirty-five percent for research and the development

6889

of reliable recreational catch statistics for the spiny lobster

6890

fishery.

6891

(b) Twenty percent for administration of this section.

6892

6893

section.

6894

(6)~~(8)~~ Any person who violates this section commits a

6895

Level One violation under s. 379.401 ~~372.83~~.

6896

Section 139. Section 372.5705, Florida Statutes, is

6897

renumbered as section 379.356, Florida Statutes, to read:

6898

379.356 ~~372.5705~~ Fish pond license.--The owner of a fish

6899

pond of more than 20 acres which is located entirely within her

6900

or his property may obtain a license from the commission for

6901

such pond at a fee of $3 per surface acre, and no fishing

6902

license shall be required of any person fishing in such licensed

6903

pond.

6904

Section 140. Section 372.5704, Florida Statutes, is

6905

renumbered as section 379.357, Florida Statutes, and amended to

6906

read:

6907

379.357 ~~372.5704~~ Fish and Wildlife Conservation Commission

6908

license program for tarpon; fees; penalties.--

6909

(1) The commission shall establish a license program for

6910

the purpose of issuing tags to individuals desiring to harvest

6911

tarpon (megalops atlantica) from the waters of the state. The

6912

tags shall be nontransferable, except that the commission may

6913

allow for a limited number of tags to be purchased by

6914

professional fishing guides for transfer to individuals, and

6915

issued by the commission in order of receipt of a properly

6916

completed application for a nonrefundable fee of $50 per tag.

6917

The commission and any tax collector may sell the tags and

6918

collect the fees therefor. Tarpon tags are valid from July 1

6919

through June 30. Before August 15 of each year, each tax

6920

collector shall submit to the commission all unissued tags for

6921

the previous fiscal year along with a written audit report, on

6922

forms prescribed or approved by the commission, as to the

6923

numbers of the unissued tags. To defray the cost of issuing any

6924

tag, the issuing tax collector shall collect and retain as his

6925

or her costs, in addition to the tag fee collected, the amount

6926

allowed under s. 379.352(6) ~~372.561(6)~~ for the issuance of

6927

licenses.

6928

~~(2) The number of tags to be issued shall be determined by~~

6929

~~rule of the commission. The commission shall in no way allow the~~

6930

~~issuance of tarpon tags to adversely affect the tarpon~~

6931

~~population.~~

6932

(2)~~(3)~~ Proceeds from the sale of tarpon tags shall be

6933

deposited in the Marine Resources Conservation Trust Fund and

6934

shall be used to gather information directly applicable to

6935

tarpon management.

6936

(3)~~(4)~~ No individual shall take, kill, or possess any fish

6937

of the species megalops atlantica, commonly known as tarpon,

6938

unless such individual has purchased a tarpon tag and securely

6939

attached it through the lower jaw of the fish. Said individual

6940

shall within 5 days after the landing of the fish submit a form

6941

to the commission which indicates the length, weight, and

6942

physical condition of the tarpon when caught; the date and

6943

location of where the fish was caught; and any other pertinent

6944

information which may be required by the commission. The

6945

commission may refuse to issue new tags to individuals or guides

6946

who fail to provide the required information.

6947

(4)~~(5)~~ Any individual including a taxidermist who

6948

possesses a tarpon which does not have a tag securely attached

6949

as required by this section commits a Level Two violation under

6950

s. 379.401 ~~372.83~~. Provided, however, a taxidermist may remove

6951

the tag during the process of mounting a tarpon. The removed tag

6952

shall remain with the fish during any subsequent storage or

6953

shipment.

6954

(5)~~(6)~~ Purchase of a tarpon tag shall not accord the

6955

purchaser any right to harvest or possess tarpon in

6956

contravention of rules adopted by the commission. No individual

6957

may sell, offer for sale, barter, exchange for merchandise,

6958

transport for sale, either within or without the state, offer to

6959

purchase, or purchase any species of fish known as tarpon.

6960

(6)~~(7)~~ The commission shall prescribe and provide suitable

6961

forms and tags necessary to carry out the provisions of this

6962

section.

6963

(7)~~(8)~~ The provisions of this section shall not apply to

6964

anyone who immediately returns a tarpon uninjured to the water

6965

at the place where the fish was caught.

6966

Section 141. Section 372.5717, Florida Statutes, is

6967

renumbered as section 379.3581, Florida Statutes, and amended to

6968

read:

6969

379.3581 ~~372.5717~~ Hunter safety course; requirements;

6970

penalty.--

6971

(1) This section may be cited as the Senator Joe Carlucci

6972

Hunter Safety Act.

6973

(2)(a) Except as provided in paragraph (b), a person born

6974

on or after June 1, 1975, may not be issued a license to take

6975

wild animal life with the use of a firearm, gun, bow, or

6976

crossbow in this state without having first successfully

6977

completed a hunter safety course as provided in this section,

6978

and without having in his or her personal possession a hunter

6979

safety certification card, as provided in this section.

6980

(b) A person born on or after June 1, 1975, who has not

6981

successfully completed a hunter safety course may apply to the

6982

commission for a special authorization to hunt under

6983

supervision. The special authorization for supervised hunting

6984

shall be designated on any license or permit required under this

6985

chapter for a person to take game or fur-bearing animals and

6986

shall be valid for not more than 1 year. A special authorization

6987

for supervised hunting may not be issued more than once to the

6988

person applying for such authorization. A person issued a

6989

license with a special authorization to hunt under supervision

6990

must hunt under the supervision of, and in the presence of, a

6991

person 21 years or age or older who is licensed to hunt pursuant

6992

to s. 379.354 ~~372.57~~ or who is exempt from licensing

6993

requirements or eligible for a free license pursuant to s.

6994

379.353 ~~372.562~~.

6995

(3) The Fish and Wildlife Conservation Commission shall

6996

institute and coordinate a statewide hunter safety course that

6997

must be offered in every county and consist of not more than 16

6998

hours of instruction including, but not limited to, instruction

6999

in the competent and safe handling of firearms, conservation,

7000

and hunting ethics.

7001

(4) The commission shall issue a permanent hunter safety

7002

certification card to each person who successfully completes the

7003

hunter safety course. The commission shall maintain records of

7004

hunter safety certification cards issued and shall establish

7005

procedures for replacing lost or destroyed cards.

7006

(5) A hunter safety certification card issued by a

7007

wildlife agency of another state, or any Canadian province,

7008

which shows that the holder of the card has successfully

7009

completed a hunter safety course approved by the commission is

7010

an acceptable substitute for the hunter safety certification

7011

card issued by the commission.

7012

(6) All persons subject to the requirements of subsection

7013

(2) must have in their personal possession proof of compliance

7014

with this section, while taking or attempting to take wildlife

7015

with the use of a firearm, gun, bow, or crossbow, and must,

7016

unless the requirement to complete a hunter safety course is

7017

deferred pursuant to this section, display a valid hunter safety

7018

certification card in order to purchase a Florida hunting

7019

license. After the issuance of such a license, the license

7020

itself shall serve as proof of compliance with this section. A

7021

holder of a lifetime license whose license does not indicate on

7022

the face of the license that a hunter safety course has been

7023

completed must have in his or her personal possession a hunter

7024

safety certification card, as provided by this section, while

7025

attempting to take wild animal life with the use of a firearm,

7026

gun, bow, or crossbow.

7027

(7) The hunter safety requirements of this section do not

7028

apply to persons for whom licenses are not required under s.

7029

379.353(2) ~~372.562(2)~~.

7030

(8) A person who violates this section commits a Level One

7031

violation under s. 379.401 ~~372.83~~.

7032

Section 142. Section 372.5718, Florida Statutes, is

7033

amended to read:

7034

379.3582 ~~372.5718~~ Hunter safety course for juveniles.--The

7035

Fish and Wildlife Conservation Commission shall develop a hunter

7036

safety course for juveniles who are at least 5 years of age but

7037

less than 16 years of age. The course must include, but is not

7038

limited to, instruction in the competent and safe handling of

7039

firearms, conservation, and hunting ethics. The course must be

7040

appropriate for the ages of the students. The course is

7041

voluntary and must be offered in each county in the state at

7042

least annually. The course is in addition to, and not in lieu

7043

of, the hunter safety course prescribed in s. 379.3581 ~~372.5717~~.

7044

Section 143. Part VII of chapter 379, Florida Statutes,

7045

consisting of sections 379.361, 379.362, 379.363, 379.3635,

7046

379.364, 379.365, 379.366, 379.367, 379.3671, 379.368, 379.369,

7047

379.3711, 379.3712, 379.372, 379.373, 379.374, 379.3751,

7048

379.3752, 379.3761, 379.3762, and 379.377, is created to read:

7049

PART VII

7050

NONRECREATIONAL LICENSES

7051

7052

Section 144. Section 370.06, Florida Statutes, is

7053

renumbered as section 379.361 Florida Statutes, and amended to

7054

read:

7055

379.361 ~~370.06~~ Licenses.--

7056

(1) LICENSE ON PURSE SEINES.--There is levied, in addition

7057

to any other taxes thereon, an annual license tax of $25 upon

7058

each purse seine used in the waters of this state. This license

7059

fee shall be collected in the manner provided in this section.

7060

(2) SALTWATER PRODUCTS LICENSE.--

7061

(a) Every person, firm, or corporation that sells, offers

7062

for sale, barters, or exchanges for merchandise any saltwater

7063

products, or which harvests saltwater products with certain gear

7064

or equipment as specified by law, must have a valid saltwater

7065

products license, except that the holder of an aquaculture

7066

certificate under s. 597.004 is not required to purchase and

7067

possess a saltwater products license in order to possess,

7068

transport, or sell marine aquaculture products. Each saltwater

7069

products license allows the holder to engage in any of the

7070

activities for which the license is required. The license must

7071

be in the possession of the licenseholder or aboard the vessel

7072

and is subject to inspection at any time that harvesting

7073

activities for which a saltwater products license is required

7074

are being conducted.

7075

(b)1. A restricted species endorsement on the saltwater

7076

products license is required to sell to a licensed wholesale

7077

dealer those species which the state, by law or rule, has

7078

designated as "restricted species." This endorsement may be

7079

issued only to a person who is at least 16 years of age, or to a

7080

firm certifying that over 25 percent of its income or $5,000 of

7081

its income, whichever is less, is attributable to the sale of

7082

saltwater products pursuant to a saltwater products license

7083

issued under this paragraph or a similar license from another

7084

state. This endorsement may also be issued to a for-profit

7085

corporation if it certifies that at least $5,000 of its income

7086

is attributable to the sale of saltwater products pursuant to a

7087

saltwater products license issued under this paragraph or a

7088

similar license from another state. However, if at least 50

7089

percent of the annual income of a person, firm, or for-profit

7090

corporation is derived from charter fishing, the person, firm,

7091

or for-profit corporation must certify that at least $2,500 of

7092

the income of the person, firm, or corporation is attributable

7093

to the sale of saltwater products pursuant to a saltwater

7094

products license issued under this paragraph or a similar

7095

license from another state, in order to be issued the

7096

endorsement. Such income attribution must apply to at least 1 of

7097

the last 3 years. For the purpose of this section, "income"

7098

means that income that is attributable to work, employment,

7099

entrepreneurship, pensions, retirement benefits, and social

7100

security benefits.

7101

2. To renew an existing restricted species endorsement, a

7102

marine aquaculture producer possessing a valid saltwater

7103

products license with a restricted species endorsement may apply

7104

income from the sale of marine aquaculture products to licensed

7105

wholesale dealers.

7106

3. The commission is authorized to require verification of

7107

such income for all restricted species endorsements issued

7108

pursuant to this paragraph. Acceptable proof of income earned

7109

from the sale of saltwater products shall be:

7110

a. Copies of trip ticket records generated pursuant to

7111

this subsection (marine fisheries information system),

7112

documenting qualifying sale of saltwater products;

7113

b. Copies of sales records from locales other than Florida

7114

documenting qualifying sale of saltwater products;

7115

c. A copy of the applicable federal income tax return,

7116

including Form 1099 attachments, verifying income earned from

7117

the sale of saltwater products;

7118

d. Crew share statements verifying income earned from the

7119

sale of saltwater products; or

7120

e. A certified public accountant's notarized statement

7121

attesting to qualifying source and amount of income.

7122

7123

Notwithstanding any other provision of law, any person who owns

7124

a retail seafood market or restaurant at a fixed location for at

7125

least 3 years, who has had an occupational license for 3 years

7126

prior to January 1, 1990, who harvests saltwater products to

7127

supply his or her retail store, and who has had a saltwater

7128

products license for 1 of the past 3 license years prior to

7129

January 1, 1990, may provide proof of his or her verification of

7130

income and sales value at the person's retail seafood market or

7131

restaurant and in his or her saltwater products enterprise by

7132

affidavit and shall thereupon be issued a restricted species

7133

endorsement.

7134

4. Exceptions from income requirements shall be as

7135

follows:

7136

a. A permanent restricted species endorsement shall be

7137

available to those persons age 62 and older who have qualified

7138

for such endorsement for at least 3 of the last 5 years.

7139

b. Active military duty time shall be excluded from

7140

consideration of time necessary to qualify and shall not be

7141

counted against the applicant for purposes of qualifying.

7142

c. Upon the sale of a used commercial fishing vessel owned

7143

by a person, firm, or corporation possessing or eligible for a

7144

restricted species endorsement, the purchaser of such vessel

7145

shall be exempted from the qualifying income requirement for the

7146

purpose of obtaining a restricted species endorsement for a

7147

period of 1 year after purchase of the vessel.

7148

d. Upon the death or permanent disablement of a person

7149

possessing a restricted species endorsement, an immediate family

7150

member wishing to carry on the fishing operation shall be

7151

exempted from the qualifying income requirement for the purpose

7152

of obtaining a restricted species endorsement for a period of 1

7153

year after the death or disablement.

7154

e. A restricted species endorsement may be issued on an

7155

individual saltwater products license to a person age 62 or

7156

older who documents that at least $2,500 of such person's income

7157

is attributable to the sale of saltwater products.

7158

f. A permanent restricted species endorsement may also be

7159

issued on an individual saltwater products license to a person

7160

age 70 or older who has held a saltwater products license for at

7161

least 3 of the last 5 license years.

7162

g. Any resident who is certified to be totally and

7163

permanently disabled by the Railroad Retirement Board, by the

7164

United States Department of Veterans Affairs or its predecessor,

7165

or by any branch of the United States Armed Forces, or who holds

7166

a valid identification card issued by the Department of

7167

Veterans' Affairs pursuant to s. 295.17, upon proof of the same,

7168

or any resident certified to be disabled by the United States

7169

Social Security Administration or a licensed physician, upon

7170

proof of the same, shall be exempted from the income

7171

requirements if he or she also has held a saltwater products

7172

license for at least 3 of the last 5 license years prior to the

7173

date of the disability. A restricted species endorsement issued

7174

under this paragraph may be issued only on an individual

7175

saltwater products license.

7176

7177

restricted species endorsement shall be aboard any vessel

7178

harvesting restricted species in excess of any bag limit or when

7179

fishing under a commercial quota or in commercial quantities,

7180

and such vessel shall have a commercial vessel registration.

7181

This subsection does not apply to any person, firm, or

7182

corporation licensed under s. 379.362(1)(a)1. or (b)

7183

~~370.07(1)(a)1. or (b)~~ for activities pursuant to such licenses.

7184

(d) A saltwater products license may be issued in the name

7185

of an individual or a valid commercial vessel registration

7186

number. However, a firm or corporation may only receive a

7187

license issued to a valid commercial vessel registration number.

7188

A saltwater products license may not be transferred by the

7189

licenseholder to another individual, firm, or corporation. A

7190

decal shall be issued with each saltwater products license

7191

issued to a valid commercial vessel registration number. The

7192

saltwater products license decal shall be the same color as the

7193

vessel registration decal issued each year pursuant to s.

7194

328.48(5) and shall indicate the period of time such license is

7195

valid. The saltwater products license decal shall be placed

7196

beside the vessel registration decal and, in the case of an

7197

undocumented vessel, shall be placed so that the vessel

7198

registration decal lies between the commercial vessel

7199

registration number and the saltwater products license decal.

7200

Any saltwater products license decal for a previous year shall

7201

be removed from a vessel operating on the waters of the state.

7202

(e) The annual fee for a saltwater products license is:

7203

1. For a license issued in the name of an individual which

7204

authorizes only that individual to engage in commercial fishing

7205

activities from the shore or a vessel: a resident must pay $50;

7206

a nonresident must pay $200; or an alien must pay $300.

7207

2. For a license issued in the name of an individual which

7208

authorizes that named individual to engage in commercial fishing

7209

activities from the shore or a vessel and also authorizes each

7210

person who is fishing with the named individual aboard a vessel

7211

to engage in such activities: a resident must pay $150; a

7212

nonresident must pay $600; or an alien must pay $900.

7213

3. For a license issued to a valid commercial vessel

7214

registration number which authorizes each person aboard such

7215

registered vessel to engage in commercial fishing activities: a

7216

resident, or a resident firm or corporation, must pay $100; a

7217

nonresident, or a nonresident firm or corporation, must pay

7218

$400; or an alien, or an alien firm or corporation, must pay

7219

$600. For purposes of this subparagraph, a resident firm or

7220

corporation means a firm or corporation formed under the laws of

7221

this state; a nonresident firm or corporation means a firm or

7222

corporation formed under the laws of any state other than

7223

Florida; and an alien firm or corporation means a firm or

7224

corporation organized under any laws other than laws of the

7225

United States, any United States territory or possession, or any

7226

state of the United States.

7227

(f) Any person who sells saltwater products pursuant to a

7228

saltwater products license may sell only to a licensed wholesale

7229

dealer. A saltwater products license must be presented to the

7230

licensed wholesale dealer each time saltwater products are sold,

7231

and an imprint made thereof. The wholesale dealer shall keep

7232

records of each transaction in such detail as may be required by

7233

rule of the commission not in conflict with s. 379.362(6)

7234

~~370.07(6)~~, and shall provide the holder of the saltwater

7235

products license with a copy of the record. It is unlawful for

7236

any licensed wholesale dealer to buy saltwater products from any

7237

unlicensed person under the provisions of this section, except

7238

that a licensed wholesale dealer may buy from another licensed

7239

wholesale dealer. It is unlawful for any licensed wholesale

7240

dealer to buy saltwater products designated as "restricted

7241

species" from any person, firm, or corporation not possessing a

7242

restricted species endorsement on his or her saltwater products

7243

license under the provisions of this section, except that a

7244

licensed wholesale dealer may buy from another licensed

7245

wholesale dealer. For purposes of this subsection, any saltwater

7246

products received by a wholesale dealer are presumed to have

7247

been purchased.

7248

(g) The commission shall be the licensing agency, may

7249

contract with private persons or entities to implement aspects

7250

of the licensing program, and shall establish by rule a marine

7251

fisheries information system in conjunction with the licensing

7252

program to gather fisheries data.

7253

(h) Any person who sells, offers for sale, barters, or

7254

exchanges for merchandise saltwater products must have a method

7255

of catch preservation which meets the requirements and standards

7256

of the seafood quality control code promulgated by the

7257

commission.

7258

(i) A saltwater products license is required to harvest

7259

commercial quantities of saltwater products. Any vessel from

7260

which commercial quantities of saltwater products are harvested

7261

must have a commercial vessel registration. Commercial

7262

quantities of saltwater products shall be defined as:

7263

1. With respect to those species for which no bag limit

7264

has been established, more than 100 pounds per person per day,

7265

provided that the harvesting of two fish or less per person per

7266

day shall not be considered commercial quantities regardless of

7267

aggregate weight; and

7268

2. With respect to those species for which a bag limit has

7269

been established, more than the bag limit allowed by law or

7270

rule.

7271

(j)1. In addition to the saltwater products license, a

7272

marine life fishing endorsement is required for the harvest of

7273

marine life species as defined by rule of the Fish and Wildlife

7274

Conservation Commission. This endorsement may be issued only to

7275

a person who is at least 16 years of age or older or to a

7276

corporation holding a valid restricted species endorsement.

7277

2.a. Effective July 1, 1998, and until July 1, 2002, a

7278

marine life endorsement may not be issued under this paragraph,

7279

except that those endorsements that are active during the 1997-

7280

1998 fiscal year may be renewed.

7281

b. In 1998 persons or corporations holding a marine life

7282

endorsement that was active in the 1997-1998 fiscal year or an

7283

immediate family member of that person must request renewal of

7284

the marine life endorsement before December 31, 1998.

7285

c. In subsequent years and until July 1, 2002, a marine

7286

life endorsement holder or member of his or her immediate family

7287

must request renewal of the marine life endorsement before

7288

September 30 of each year.

7289

d. If a person or corporation holding an active marine

7290

life fishing endorsement or a member of that person's immediate

7291

family does not request renewal of the endorsement before the

7292

applicable dates specified in this paragraph, the commission

7293

shall deactivate that marine life fishing endorsement.

7294

e. In the event of the death or disability of a person

7295

holding an active marine life fishing endorsement, the

7296

endorsement may be transferred by the person to a member of his

7297

or her immediate family or may be renewed by any person so

7298

designated by the executor of the person's estate.

7299

f. Persons or corporations who hold saltwater product

7300

licenses with marine life fishing endorsements issued to their

7301

vessel registration numbers and who subsequently replace their

7302

existing vessels with new vessels may transfer the existing

7303

marine life fishing endorsement to the new boat registration

7304

numbers.

7305

g. Persons or corporations who hold saltwater product

7306

licenses with marine life fishing endorsements issued to their

7307

name and who subsequently incorporate or unincorporate may

7308

transfer the existing marine life fishing endorsement to the new

7309

corporation or person.

7310

3. The fee for a marine life fishery endorsement on a

7311

saltwater products license shall be $75. These license fees

7312

shall be collected and deposited in the Marine Resources

7313

Conservation Trust Fund and used for the purchase and

7314

installation of vessel mooring buoys at coral reef sites and for

7315

research related to marine fisheries.

7316

(3) NET LICENSES.--Except for cast nets and bait seines

7317

which are 100 feet in length or less and which have a mesh that

7318

is 3/8 inch or less, all nets used to take finfish, including,

7319

but not limited to, gill nets, trammel nets, and beach seines,

7320

must be licensed or registered. Each net used to take finfish

7321

for commercial purposes, or by a nonresident, must be licensed

7322

under a saltwater products license issued pursuant to subsection

7323

(2) and must bear the number of such license.

7324

(4) SPECIAL ACTIVITY LICENSES.--

7325

(a) A special activity license is required for any person

7326

to use gear or equipment not authorized in this chapter or rule

7327

of the Fish and Wildlife Conservation Commission for harvesting

7328

saltwater species. In accordance with this chapter, s. 16, Art.

7329

X of the State Constitution, and rules of the commission, the

7330

commission may issue special activity licenses for the use of

7331

nonconforming gear or equipment, including, but not limited to,

7332

trawls, seines and entangling nets, traps, and hook and line

7333

gear, to be used in harvesting saltwater species for scientific

7334

and governmental purposes, and, where allowable, for innovative

7335

fisheries. The commission may prescribe by rule application

7336

requirements and terms, conditions, and restrictions to be

7337

incorporated into each special activity license. This subsection

7338

does not apply to gear or equipment used by certified marine

7339

aquaculturists as provided for in s. 597.004 to harvest marine

7340

aquaculture products.

7341

(b) The Fish and Wildlife Conservation Commission is

7342

authorized to issue special activity licenses in accordance with

7343

this section and s. 379.2524 ~~370.31~~, to permit the importation

7344

and possession of wild anadromous sturgeon. The commission is

7345

also authorized to issue special activity licenses, in

7346

accordance with this section and s. 379.2524 ~~370.31~~, to permit

7347

the importation, possession, and aquaculture of native and

7348

nonnative anadromous sturgeon until best-management practices

7349

are implemented for the cultivation of anadromous sturgeon

7350

pursuant to s. 597.004. The special activity license shall

7351

provide for specific management practices to protect indigenous

7352

populations of saltwater species.

7353

7354

established in this section shall be incorporated into permits

7355

and authorizations issued pursuant to chapter 253, ~~chapter 373,~~

7356

chapter 403, or this chapter, when incorporating such provisions

7357

is in accordance with the aquaculture permit consolidation

7358

procedures. No separate issuance of a special activity license

7359

is required when conditions and specific management practices

7360

are incorporated into permits or authorizations under this

7361

paragraph. Implementation of this section to consolidate

7362

permitting actions does not constitute rules within the meaning

7363

of s. 120.52.

7364

(d) The commission is authorized to issue special activity

7365

licenses in accordance with s. 379.2411 ~~370.101~~ and this

7366

section; aquaculture permit consolidation procedures in s.

7367

379.2523(2) ~~370.26(2)~~; and rules of the commission to permit the

7368

capture and possession of saltwater species protected by law and

7369

used as stock for artificial cultivation and propagation.

7370

(e) The commission is authorized to adopt rules to govern

7371

the administration of special activities licenses as provided in

7372

this chapter and rules of the commission. Such rules may

7373

prescribe application requirements and terms, conditions, and

7374

restrictions for any such special activity license requested

7375

pursuant to this section.

7376

(5) APALACHICOLA BAY OYSTER HARVESTING LICENSE.--

7377

(a) For purposes of this section, the following

7378

definitions shall apply:

7379

1. "Person" means an individual.

7380

2. "Resident" means any person who has:

7381

a. Continuously resided in this state for 6 months

7382

immediately preceding the making of his or her application for

7383

an Apalachicola Bay oyster harvesting license; or

7384

b. Established a domicile in this state and evidenced that

7385

domicile as provided in s. 222.17.

7386

(b) No person shall harvest oysters from the Apalachicola

7387

Bay without a valid Apalachicola Bay oyster harvesting license

7388

issued by the Department of Agriculture and Consumer Services.

7389

This requirement shall not apply to anyone harvesting

7390

noncommercial quantities of oysters in accordance with

7391

commission rules ~~chapter 46-27, Florida Administrative Code~~, or

7392

to any person less than 18 years old.

7393

7394

oyster harvesting license shall submit an annual fee for the

7395

license during a 45-day period from May 17 to June 30 of each

7396

year preceding the license year for which the license is valid.

7397

Failure to pay the annual fee within the required time period

7398

shall result in a $500 late fee being imposed before issuance of

7399

the license.

7400

(d) The Department of Agriculture and Consumer Services

7401

shall collect an annual fee of $100 from residents and $500 from

7402

nonresidents for the issuance of an Apalachicola Bay oyster

7403

harvesting license. The license year shall begin on July 1 of

7404

each year and end on June 30 of the following year. The license

7405

shall be valid only for the licensee. Only bona fide residents

7406

of Florida may obtain a resident license pursuant to this

7407

subsection.

7408

(e) Each person who applies for an Apalachicola Bay oyster

7409

harvesting license shall, before receiving the license for the

7410

first time, attend an educational seminar of not more than 16

7411

hours length, developed and conducted jointly by the Department

7412

of Environmental Protection's Apalachicola National Estuarine

7413

Research Reserve, the Division of Law Enforcement of the Fish

7414

and Wildlife Conservation Commission, and the Department of

7415

Agriculture and Consumer Services' Apalachicola District

7416

Shellfish Environmental Assessment Laboratory. The seminar shall

7417

address, among other things, oyster biology, conservation of the

7418

Apalachicola Bay, sanitary care of oysters, small business

7419

management, and water safety. The seminar shall be offered five

7420

times per year, and each person attending shall receive a

7421

certificate of participation to present when obtaining an

7422

Apalachicola Bay oyster harvesting license. The educational

7423

seminar is not required for renewal of an Apalachicola Bay

7424

oyster harvesting license.

7425

(f) Each person, while harvesting oysters in Apalachicola

7426

Bay, shall have in possession a valid Apalachicola Bay oyster

7427

harvesting license, or proof of having applied for a license

7428

within the required time period, and shall produce such license

7429

or proof of application upon request of any law enforcement

7430

officer.

7431

(g) Each person who obtains an Apalachicola Bay oyster

7432

harvesting license shall prominently display the license number

7433

upon any vessel the person owns which is used for the taking of

7434

oysters, in numbers which are at least 10 inches high and 1 inch

7435

wide, so that the permit number is readily identifiable from the

7436

air and water. Only one vessel displaying a given number may be

7437

used at any time. A licensee may harvest oysters from the vessel

7438

of another licensee.

7439

(h) Any person holding an Apalachicola Bay oyster

7440

harvesting license shall receive credit for the license fee

7441

against the saltwater products license fee.

7442

(i) The proceeds from Apalachicola Bay oyster harvesting

7443

license fees shall be deposited in the General Inspection Trust

7444

Fund and, less reasonable administrative costs, shall be used or

7445

distributed by the Department of Agriculture and Consumer

7446

Services for the following purposes in Apalachicola Bay:

7447

1. Relaying and transplanting live oysters.

7448

2. Shell planting to construct or rehabilitate oyster

7449

bars.

7450

3. Education programs for licensed oyster harvesters on

7451

oyster biology, aquaculture, boating and water safety,

7452

sanitation, resource conservation, small business management,

7453

marketing, and other relevant subjects.

7454

4. Research directed toward the enhancement of oyster

7455

production in the bay and the water management needs of the bay.

7456

(j) Any person who violates any of the provisions of

7457

paragraphs (b) and (d)-(g) commits a misdemeanor of the second

7458

degree, punishable as provided in ss. 775.082 and 775.083.

7459

Nothing in this subsection shall limit the application of

7460

existing penalties.

7461

(k) Any oyster harvesting license issued pursuant to this

7462

subsection must be in compliance with the rules of the Fish and

7463

Wildlife Conservation Commission regulating gear or equipment,

7464

harvest seasons, size and bag limits, and the taking of

7465

saltwater species.

7466

(6) LICENSE YEAR.--The license year on all licenses

7467

relating to saltwater products dealers, seafood dealers, aliens,

7468

residents, and nonresidents, unless otherwise provided, shall

7469

begin on July 1 of each year and end on June 30 of the next

7470

succeeding year. All licenses shall be so dated. However, if the

7471

commission determines that it is in the best interest of the

7472

state to issue a license required under this chapter to an

7473

individual on the birthday of the applicant, the commission may

7474

establish by rule a procedure to do so. This section does not

7475

apply to licenses and permits when their use is confined to an

7476

open season.

7477

(7) LICENSES SUBJECT TO INSPECTION; NONTRANSFERABLE;

7478

EXCEPTION.--Licenses of every kind and nature granted under the

7479

provisions of the fish and game laws of this state are at all

7480

times subject to inspection by the police officers of this state

7481

and the officers of the Fish and Wildlife Conservation

7482

Commission. Such licenses are not transferable unless otherwise

7483

provided by law.

7484

(8) COLLECTION OF LICENSES, FEES.--Unless otherwise

7485

provided by law, all license taxes or fees provided for in this

7486

part ~~chapter~~ shall be collected by the commission or its duly

7487

authorized agents or deputies to be deposited by the Chief

7488

Financial Officer in the Marine Resources Conservation Trust

7489

Fund. The commission may by rule establish a reasonable

7490

processing fee for any free license or permit required under

7491

this part ~~chapter~~. The commission is authorized to accept

7492

payment by credit card for fees, fines, and civil penalties

7493

levied pursuant to this part ~~chapter~~.

7494

(9) DENIAL OF LICENSE RENEWAL OR ISSUANCE.--The commission

7495

shall deny the renewal or issuance of any saltwater products

7496

license, wholesale dealer license, or retail dealer license to

7497

anyone that has unpaid fees, civil assessments, or fines owed to

7498

the commission.

7499

Section 145. Section 370.07, Florida Statutes, is

7500

renumbered as section 379.362, Florida Statutes, and amended to

7501

read:

7502

379.362 ~~370.07~~ Wholesale and retail saltwater products

7503

dealers; regulation.--

7504

(1) DEFINITIONS; LICENSES AUTHORIZED.--Annual license or

7505

privilege taxes are hereby levied and imposed upon dealers in

7506

the state in saltwater products. It is unlawful for any person,

7507

firm, or corporation to deal in any such products without first

7508

paying for and procuring the license required by this section.

7509

Application for all licenses shall be made to the Fish and

7510

Wildlife Conservation Commission on blanks to be furnished by

7511

it. All licenses shall be issued by the commission upon payment

7512

to it of the license tax. The licenses are defined as:

7513

(a)1. "Wholesale county dealer" is any person, firm, or

7514

corporation which sells saltwater products to any person, firm,

7515

or corporation except to the consumer and who may buy saltwater

7516

products in the county designated on the wholesale license from

7517

any person licensed pursuant to s. 379.361(2) ~~370.06(2)~~ or from

7518

any licensed wholesale dealer.

7519

2. "Wholesale state dealer" is a person, firm, or

7520

corporation which sells saltwater products to any person, firm,

7521

or corporation except to the consumer and who may buy saltwater

7522

products in any county of the state from any person licensed

7523

pursuant to s. 379.361(2) ~~370.06(2)~~ or from any licensed

7524

wholesale dealer.

7525

3. "Wholesale dealer" is either a county or a state

7526

dealer.

7527

(b) A "retail dealer" is any person, firm, or corporation

7528

which sells saltwater products directly to the consumer, but no

7529

license is required of a dealer in merchandise who deals in or

7530

sells saltwater products consumed on the premises or prepared

7531

for immediate consumption and sold to be taken out of any

7532

restaurant licensed by the Division of Hotels and Restaurants of

7533

the Department of Business and Professional Regulation.

7534

7535

Any person, firm, or corporation which is both a wholesale

7536

dealer and a retail dealer shall obtain both a wholesale

7537

dealer's license and a retail dealer's license. If a wholesale

7538

dealer has more than one place of business, the annual license

7539

tax shall be effective for all places of business, provided that

7540

the wholesale dealer supplies to the commission a complete list

7541

of additional places of business upon application for the annual

7542

license tax.

7543

(2) LICENSES; AMOUNT, TRUST FUND.--

7544

(a) A resident wholesale county seafood dealer is required

7545

to pay an annual license tax of $300.

7546

(b) A resident wholesale state dealer is required to pay

7547

an annual license tax of $450.

7548

7549

pay an annual license tax of $500.

7550

(d) A nonresident wholesale state dealer is required to

7551

pay an annual license tax of $1,000.

7552

(e) An alien wholesale county dealer is required to pay an

7553

annual license tax of $1,000.

7554

(f) An alien wholesale state dealer is required to pay an

7555

annual license tax of $1,500.

7556

(g) A resident retail dealer is required to pay an annual

7557

license tax of $25; however, if such a dealer has more than one

7558

place of business, the dealer shall designate one place of

7559

business as a central place of business, shall pay an annual

7560

license tax of $25 for such place of business, and shall pay an

7561

annual license tax of $10 for each other place of business.

7562

(h) A nonresident retail dealer is required to pay an

7563

annual license tax of $200; however, if such a dealer has more

7564

than one place of business, the dealer shall designate one place

7565

of business as a central place of business, shall pay an annual

7566

license tax of $200 for such place of business, and shall pay an

7567

annual license tax of $25 for each other place of business.

7568

(i) An alien retail dealer is required to pay an annual

7569

license tax of $250; however, if such a dealer has more than one

7570

place of business, the dealer shall designate one place of

7571

business as a central place of business, shall pay an annual

7572

license tax of $250 for such place of business, and shall pay an

7573

annual license tax of $50 for each other place of business.

7574

(j) License or privilege taxes, together with any other

7575

funds derived from the Federal Government or from any other

7576

source, shall be deposited in a Florida Saltwater Products

7577

Promotion Trust Fund to be administered by the Department of

7578

Agriculture and Consumer Services for the sole purpose of

7579

promoting all fish and saltwater products produced in this

7580

state, except that 4 percent of the total wholesale and retail

7581

saltwater products dealer's license fees collected shall be

7582

deposited into the Marine Resources Conservation Trust Fund

7583

administered by the Fish and Wildlife Conservation Commission

7584

for the purpose of processing wholesale and retail saltwater

7585

products dealer's licenses.

7586

(3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.--The

7587

Department of Agriculture and Consumer Services shall use or

7588

distribute funds paid into the State Treasury to the credit of

7589

the General Inspection Trust Fund pursuant to s. 201.15(11),

7590

less reasonable costs of administration, to fund the following

7591

oyster management and restoration programs in Apalachicola Bay

7592

and other oyster harvest areas in the state:

7593

(a) The relaying and transplanting of live oysters.

7594

(b) Shell planting to construct or rehabilitate oyster

7595

bars.

7596

7597

oyster biology, aquaculture, boating and water safety,

7598

sanitation, resource conservation, small business management,

7599

and other relevant subjects.

7600

(d) Research directed toward the enhancement of oyster

7601

production in the bay and the water management needs of the bay.

7602

(4) TRANSPORTATION OF SALTWATER PRODUCTS.--

7603

(a) A person transporting in this state saltwater products

7604

that were produced in this state, regardless of destination,

7605

shall have in his or her possession invoices, bills of lading,

7606

or other similar instruments showing the number of packages,

7607

boxes, or containers and the number of pounds of each species

7608

and the name, physical address, and the Florida wholesale dealer

7609

number of the dealer of origin.

7610

(b) A person transporting in this state saltwater products

7611

that were produced outside this state to be delivered to a

7612

destination in this state shall have in his or her possession

7613

invoices, bills of lading, or other similar instruments showing

7614

the number of packages, boxes, or containers and the number of

7615

pounds of each species, the name and physical address of the

7616

dealer of origin, and the name, physical address, and Florida

7617

wholesale dealer number of the Florida dealer to whom the

7618

shipment is to be delivered.

7619

7620

that were produced outside this state which are to be delivered

7621

to a destination outside this state shall have in his or her

7622

possession invoices, bills of lading, or other similar

7623

instruments showing the number of packages, boxes, or containers

7624

and the number of pounds of each species, the name and physical

7625

address of the dealer of origin, and the name and physical

7626

address of the dealer to whom the shipment is to be delivered.

7627

(d) If the saltwater products in transit come from more

7628

than one dealer, distributor, or producer, each lot from each

7629

dealer shall be covered by invoices, bills of lading, and other

7630

similar instruments showing the number of boxes or containers

7631

and the number of pounds of each species. Each invoice, bill of

7632

lading, and other similar instrument shall display the wholesale

7633

dealer license number and the name and physical address of the

7634

dealer, distributor, or producer of the lot covered by the

7635

instrument.

7636

(e) It is unlawful to sell, deliver, ship, or transport,

7637

or to possess for the purpose of selling, delivering, shipping,

7638

or transporting, any saltwater products without all invoices

7639

concerning the products having thereon the wholesale dealer

7640

license number in the form prescribed under this subsection and

7641

the rules of the commission. Any saltwater products found in the

7642

possession of any person who is in violation of this paragraph

7643

may be seized by the commission and disposed of in the manner

7644

provided by law.

7645

(f) Nothing contained in this subsection may be construed

7646

to apply to the sale and delivery to a consumer of saltwater

7647

products in an ordinary retail transaction by a licensed retail

7648

dealer who has purchased such products from a licensed wholesale

7649

dealer, or to the sale and delivery of the catch or products of

7650

a saltwater products licensee to a Florida-licensed wholesale

7651

dealer.

7652

(g) Wholesale dealers' licenses shall be issued only to

7653

applicants who furnish to the commission satisfactory evidence

7654

of law-abiding reputation and who pledge themselves to

7655

faithfully observe all of the laws, rules, and regulations of

7656

this state relating to the conservation of, dealing in, or

7657

taking, selling, transporting, or possession of saltwater

7658

products, and to cooperate in the enforcement of all such laws

7659

to every reasonable extent. This pledge may be included in the

7660

application for license.

7661

(h) A wholesale dealer, retail dealer, or restaurant

7662

facility shall not purchase or sell for public consumption any

7663

saltwater products known to be taken illegally, or known to be

7664

taken in violation of s. 16, Art. X of the State Constitution,

7665

or any rule or statute implementing its provisions.

7666

(i) Any person who violates the provisions of this

7667

subsection commits a misdemeanor of the first degree, punishable

7668

as provided in s. 775.082 or s. 775.083.

7669

(5) LICENSE DENIAL, SUSPENSION, OR REVOCATION.--

7670

(a) A license issued to a wholesale or retail dealer is

7671

good only to the person to whom issued and named therein and is

7672

not transferable. The commission may revoke, suspend, or deny

7673

the renewal of the license of any licensee:

7674

1. Upon the conviction of the licensee of any violation of

7675

the laws or regulations designed for the conservation of

7676

saltwater products;

7677

2. Upon conviction of the licensee of knowingly dealing

7678

in, buying, selling, transporting, possessing, or taking any

7679

saltwater product, at any time and from any waters, in violation

7680

of the laws of this state; or

7681

3. Upon satisfactory evidence of any violation of the laws

7682

or any regulations of this state designed for the conservation

7683

of saltwater products or of any of the laws of this state

7684

relating to dealing in, buying, selling, transporting,

7685

possession, or taking of saltwater products.

7686

(b) Upon revocation of such license, no other or further

7687

license may be issued to the dealer within 3 years from the date

7688

of revocation except upon special order of the commission. After

7689

revocation, it is unlawful for such dealer to exercise any of

7690

the privileges of a licensed wholesale or retail dealer.

7691

7692

pursuant to this subsection, the commission may impose penalties

7693

pursuant to s. 379.407 ~~370.021~~.

7694

(6) RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--

7695

~~(a)~~ Wholesale dealers shall be required by the commission

7696

to make and preserve a record of the names and addresses of

7697

persons from whom or to whom saltwater products are purchased or

7698

sold, the quantity so purchased or sold from or to each vendor

7699

or purchaser, and the date of each such transaction. Retail

7700

dealers shall be required to make and preserve a record from

7701

whom all saltwater products are purchased. Such record shall be

7702

open to inspection at all times by the commission. A report

7703

covering the sale of saltwater products shall be made monthly or

7704

as often as required by rule to the commission by each wholesale

7705

dealer. All reports required under this subsection are

7706

confidential and shall be exempt from the provisions of s.

7707

119.07(1) except that, pursuant to authority related to

7708

interstate fishery compacts as provided by ss. 379.2253(3) and

7709

379.2254(3) ~~370.19(3) and 370.20(3)~~, reports may be shared with

7710

another state if that state is a member of an interstate

7711

fisheries compact, and if that state has signed a Memorandum of

7712

Agreement or a similar instrument agreeing to preserve

7713

confidentiality as established by Florida law.

7714

~~(b) The commission may revoke, suspend, or deny the~~

7715

~~renewal of the license of any dealer for failure to make and~~

7716

~~keep required records, for failure to make required reports, for~~

7717

~~failure or refusal to permit the examination of required~~

7718

~~records, or for falsifying any such record. In addition to, or~~

7719

~~in lieu of, the penalties imposed pursuant to this paragraph and~~

7720

~~s. 370.021, the commission may impose against any person, firm,~~

7721

~~or corporation who is determined to have violated any provision~~

7722

~~of this paragraph or any provisions of any commission rules~~

7723

~~adopted pursuant to s. 370.0607, the following additional~~

7724

~~penalties:~~

7725

~~1. For the first violation, a civil penalty of up to~~

7726

~~$1,000;~~

7727

~~2. For a second violation committed within 24 months of~~

7728

~~any previous violation, a civil penalty of up to $2,500; and~~

7729

~~3. For a third or subsequent violation committed within 36~~

7730

~~months of any previous two violations, a civil penalty of up to~~

7731

~~$5,000.~~

7732

7733

~~The proceeds of all civil penalties collected pursuant to this~~

7734

~~subsection shall be deposited into the Marine Resources~~

7735

~~Conservation Trust Fund and shall be used for administration,~~

7736

~~auditing, and law enforcement purposes.~~

7737

(7) PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY

7738

LOCATION.--Wholesale dealers purchasing saltwater products

7739

pursuant to s. 379.361(2) ~~370.06(2)~~ at any site other than a

7740

site located in a county where the dealer has a permanent

7741

address must notify the Fish and Wildlife Conservation

7742

Commission of the location of the temporary site of business for

7743

each day business is to be conducted at such site.

7744

(8) UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

7745

unlawful for any licensed retail dealer or any restaurant

7746

licensed by the Division of Hotels and Restaurants of the

7747

Department of Business and Professional Regulation to buy

7748

saltwater products from any person other than a licensed

7749

wholesale or retail dealer. For purposes of this subsection, any

7750

saltwater products received by a retail dealer or a restaurant

7751

are presumed to have been purchased.

7752

Section 146. Section 372.65, Florida Statutes, is

7753

renumbered as section 379.363, Florida Statutes, and amended to

7754

read:

7755

379.363 ~~372.65~~ Freshwater fish dealer's license.--

7756

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

7757

sale or selling any frogs or freshwater fish, including live

7758

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

7759

nonindigenous fish, until such person has obtained a license and

7760

paid the fee therefor as set forth herein. The license issued

7761

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

7762

such person is engaging in the business of taking for sale or

7763

selling freshwater fish or frogs, is not transferable, shall

7764

bear on its face in indelible ink the name of the person to whom

7765

it is issued, and shall be affixed to a license identification

7766

card issued by the commission. Such license is not valid unless

7767

it bears the name of the person to whom it is issued and is so

7768

affixed. The failure of such person to exhibit such license to

7769

the commission or any of its wildlife officers when such person

7770

is found engaging in such business is a violation of law. The

7771

license fees and activities permitted under particular licenses

7772

are as follows:

7773

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

7774

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

7775

lawful method prescribed by the commission and to sell such fish

7776

or frogs, shall be $25. The license provided for in this

7777

paragraph shall also allow noncommercial fishing as provided by

7778

law and commission rules, and the license in s. 379.354(4)(a)

7779

~~372.57(4)(a)~~ shall not be required.

7780

(b) The fee for a resident freshwater fish dealer's

7781

license, which permits a resident to import, export, or sell

7782

freshwater fish or frogs, including live bait, shall be $40.

7783

7784

which permits a nonresident to take freshwater fish or frogs as

7785

provided in paragraph (a), shall be $100.

7786

(d) The fee for a nonresident retail fish dealer's

7787

license, which permits a nonresident to sell freshwater fish or

7788

frogs to a consumer, shall be $100.

7789

(e) The fee for a nonresident wholesale fish dealer's

7790

license, which permits a nonresident to sell freshwater fish or

7791

frogs within the state, and to buy freshwater fish or frogs for

7792

resale, shall be $500.

7793

(f) The fee for a nonresident wholesale fish buyer's

7794

license, which permits a nonresident who does not sell

7795

freshwater fish or frogs in Florida to buy freshwater fish or

7796

frogs from resident fish dealers for resale outside the state,

7797

shall be $50.

7798

(g) Any individual or business issued an aquaculture

7799

certificate, pursuant to s. 597.004, shall be exempt from the

7800

requirements of this part ~~chapter~~ with respect to aquaculture

7801

products authorized under such certificate.

7802

(h) There is levied, in addition to any other license fee

7803

thereon, an annual gear license fee of $50 upon each person

7804

fishing with trawl seines used in the fresh waters of the state.

7805

(i) There is levied, in addition to any other license fee

7806

thereon, an annual gear license fee of $100 upon each person

7807

fishing with haul seines used in the fresh waters of the state.

7808

(2) Each boat engaged in commercial fishing shall have at

7809

least one licensed commercial fisher on board.

7810

(3) It shall be unlawful for any resident freshwater fish

7811

dealer, or any nonresident wholesale or nonresident retail fish

7812

dealer, or any nonresident wholesale fish buyer to buy

7813

freshwater fish or frogs from any unlicensed person.

7814

Section 147. Section 372.651, Florida Statutes, is

7815

renumbered as section 379.3635, Florida Statutes, and amended to

7816

read:

7817

379.3635 ~~372.651~~ Haul seine and trawl permits; Lake

7818

Okeechobee ~~freshwater lakes in excess of 500 square miles~~;

7819

fees.--

7820

(1) The Fish and Wildlife Conservation Commission is

7821

authorized to issue permits for each haul seine or trawl used in

7822

Lake Okeechobee ~~freshwater lakes in the state having an area in~~

7823

~~excess of 500 square miles~~.

7824

(2) The commission may charge an annual fee for the

7825

issuance of such permits which shall not exceed:

7826

(a) For a resident trawl permit, $50.

7827

(b) For a resident haul seine permit, $100.

7828

7829

$500.

7830

Section 148. Section 372.66, Florida Statutes, is

7831

renumbered as section 379.364, Florida Statutes, to read:

7832

379.364 ~~372.66~~ License required for fur and hide

7833

dealers.--

7834

(1) It is unlawful for any person to engage in the

7835

business of a dealer or buyer in alligator skins or green or

7836

dried furs in the state or purchase such skins within the state

7837

until such person has been licensed as herein provided.

7838

(2) Any resident dealer or buyer who solicits business

7839

through the mails, or by advertising, or who travels to buy or

7840

employs or has other agents or buyers, shall be deemed a

7841

resident state dealer and must pay a license fee of $100 per

7842

annum.

7843

(3) A nonresident dealer or buyer must pay a license fee

7844

of $500 per annum.

7845

(4) All dealers and buyers shall forward to the Fish and

7846

Wildlife Conservation Commission each 2 weeks during open season

7847

a report showing number and kind of hides bought and name of

7848

trapper from whom bought and the trapper's license number, or if

7849

trapper is exempt from license under any of the provisions of

7850

this chapter, such report shall show the nature of such

7851

exemption. A common carrier may not knowingly ship or transport

7852

or receive for transportation any hides or furs unless such

7853

shipments have marked thereon name of shipper and the number of

7854

her or his fur-animal license or fur dealer's license.

7855

Section 149. Section 370.13, Florida Statutes, is

7856

renumbered as section 379.365, Florida Statutes, and amended to

7857

read:

7858

379.365 ~~370.13~~ Stone crab; regulation.--

7859

(1) FEES AND EQUITABLE RENT.--

7860

(a) Endorsement fee.--The fee for a stone crab endorsement

7861

for the taking of stone crabs, as required by rule of the Fish

7862

and Wildlife Conservation Commission, is $125, $25 of which must

7863

be used solely for trap retrieval under s. 379.2424 ~~370.143~~.

7864

(b) Certificate fees.--

7865

1. For each trap certificate issued by the commission

7866

under the requirements of the stone crab trap limitation program

7867

established by commission rule, there is an annual fee of 50

7868

cents per certificate. Replacement tags for lost or damaged tags

7869

cost 50 cents each plus the cost of shipping. In the event of a

7870

major natural disaster, such as a hurricane or major storm, that

7871

causes massive trap losses within an area declared by the

7872

Governor to be a disaster emergency area, the commission may

7873

temporarily defer or waive replacement tag fees.

7874

2. The fee for transferring trap certificates is $1 per

7875

certificate transferred, except that the fee for eligible crew

7876

members is 50 cents per certificate transferred. Eligible crew

7877

members shall be determined according to criteria established by

7878

rule of the commission. Payment must be made by money order or

7879

cashier's check, submitted with the certificate transfer form

7880

developed by the commission.

7881

3. In addition to the transfer fee, a surcharge of $1 per

7882

certificate transferred, or 25 percent of the actual value of

7883

the transferred certificate, whichever is greater, will be

7884

assessed the first time a certificate is transferred outside the

7885

original holder's immediate family.

7886

4. Transfer fees and surcharges only apply to the actual

7887

number of certificates received by the purchaser. A transfer of

7888

a certificate is not effective until the commission receives a

7889

notarized copy of the bill of sale as proof of the actual value

7890

of the transferred certificate or certificates, which must also

7891

be submitted with the transfer form and payment.

7892

5. A transfer fee will not be assessed or required when

7893

the transfer is within a family as a result of the death or

7894

disability of the certificate owner. A surcharge will not be

7895

assessed for any transfer within an individual's immediate

7896

family.

7897

7898

incidental take endorsement, as established by commission rule,

7899

is $25.

7900

(d) Equitable rent.--The commission may establish by rule

7901

an amount of equitable rent per trap certificate that may be

7902

recovered as partial compensation to the state for the enhanced

7903

access to its natural resources. In determining whether to

7904

establish such a rent and the amount thereof, the commission may

7905

consider the amount of revenues annually generated by

7906

endorsement fees, trap certificate fees, transfer fees,

7907

surcharges, replacement trap tag fees, trap retrieval fees,

7908

incidental take endorsement fees, and the continued economic

7909

viability of the commercial stone crab industry. A rule

7910

establishing an amount of equitable rent shall become effective

7911

only after approval by the Legislature.

7912

(e) Disposition of fees, surcharges, civil penalties and

7913

fines, and equitable rent.--Endorsement fees, trap certificate

7914

fees, transfer fees, civil penalties and fines, surcharges,

7915

replacement trap tag fees, trap retrieval fees, incidental take

7916

endorsement fees, and equitable rent, if any, must be deposited

7917

in the Marine Resources Conservation Trust Fund. Up to 50

7918

percent of the revenues generated under this section may be used

7919

for operation and administration of the stone crab trap

7920

limitation program. All remaining revenues so generated must be

7921

used for trap retrieval, management of the stone crab fishery,

7922

public education activities, evaluation of the impact of trap

7923

reductions on the stone crab fishery, and enforcement activities

7924

in support of the stone crab trap limitation program.

7925

(f) Program to be self-supporting.--The stone crab trap

7926

limitation program is intended to be a self-supporting program

7927

funded from proceeds generated under this section.

7928

(g) No vested rights.--The stone crab trap limitation

7929

program does not create any vested rights for endorsement or

7930

certificateholders and may be altered or terminated by the

7931

commission as necessary to protect the stone crab resource, the

7932

participants in the fishery, or the public interest.

7933

(2) PENALTIES.--For purposes of this subsection,

7934

conviction is any disposition other than acquittal or dismissal,

7935

regardless of whether the violation was adjudicated under any

7936

state or federal law.

7937

(a) It is unlawful to violate commission rules regulating

7938

stone crab trap certificates and trap tags. No person may use an

7939

expired tag or a stone crab trap tag not issued by the

7940

commission or possess or use a stone crab trap in or on state

7941

waters or adjacent federal waters without having a trap tag

7942

required by the commission firmly attached thereto.

7943

1. In addition to any other penalties provided in s.

7944

379.407 ~~370.021~~, for any commercial harvester who violates this

7945

paragraph, the following administrative penalties apply.

7946

a. For a first violation, the commission shall assess an

7947

administrative penalty of up to $1,000.

7948

b. For a second violation that occurs within 24 months of

7949

any previous such violation, the commission shall assess an

7950

administrative penalty of up to $2,000 and the stone crab

7951

endorsement under which the violation was committed may be

7952

suspended for 12 calendar months.

7953

c. For a third violation that occurs within 36 months of

7954

any previous two such violations, the commission shall assess an

7955

administrative penalty of up to $5,000 and the stone crab

7956

endorsement under which the violation was committed may be

7957

suspended for 24 calendar months.

7958

d. A fourth violation that occurs within 48 months of any

7959

three previous such violations, shall result in permanent

7960

revocation of all of the violator's saltwater fishing

7961

privileges, including having the commission proceed against the

7962

endorsement holder's saltwater products license in accordance

7963

with s. 379.407 ~~370.021~~.

7964

2. Any other person who violates the provisions of this

7965

paragraph commits a Level Two violation under s. 379.401 ~~372.83~~.

7966

7967

Any commercial harvester assessed an administrative penalty

7968

under this paragraph shall, within 30 calendar days after

7969

notification, pay the administrative penalty to the commission,

7970

or request an administrative hearing under ss. 120.569 and

7971

120.57. The proceeds of all administrative penalties collected

7972

under this paragraph shall be deposited in the Marine Resources

7973

Conservation Trust Fund.

7974

(b) It is unlawful for any commercial harvester to remove

7975

the contents of another harvester's stone crab trap or take

7976

possession of such without the express written consent of the

7977

trap owner available for immediate inspection. Unauthorized

7978

possession of another's trap gear or removal of trap contents

7979

constitutes theft.

7980

1. Any commercial harvester convicted of theft of or from

7981

a trap pursuant to this subsection or s. 379.402 ~~370.1107~~ shall,

7982

in addition to the penalties specified in s. 379.407 ~~370.021~~ and

7983

the provisions of this section, permanently lose all saltwater

7984

fishing privileges, including saltwater products licenses, stone

7985

crab or incidental take endorsements, and all trap certificates

7986

allotted to such commercial harvester by the commission. In such

7987

cases, trap certificates and endorsements are nontransferable.

7988

2. In addition, any commercial harvester convicted of

7989

violating the prohibitions referenced in this paragraph shall

7990

also be assessed an administrative penalty of up to $5,000.

7991

Immediately upon receiving a citation for a violation involving

7992

theft of or from a trap and until adjudicated for such a

7993

violation, or, upon receipt of a judicial disposition other than

7994

dismissal or acquittal on such a violation, the violator is

7995

prohibited from transferring any stone crab or spiny lobster

7996

certificates.

7997

3. Any other person who violates the provisions of this

7998

paragraph commits a Level Two violation under s. 379.401 ~~372.83~~.

7999

8000

prohibit any of the following:

8001

a. The willful molestation of any stone crab trap, line,

8002

or buoy that is the property of any licenseholder, without the

8003

permission of that licenseholder.

8004

b. The bartering, trading, or sale, or conspiring or

8005

aiding in such barter, trade, or sale, or supplying, agreeing to

8006

supply, aiding in supplying, or giving away stone crab trap tags

8007

or certificates unless the action is duly authorized by the

8008

commission as provided by commission rules.

8009

c. The making, altering, forging, counterfeiting, or

8010

reproducing of stone crab trap tags.

8011

d. Possession of forged, counterfeit, or imitation stone

8012

crab trap tags.

8013

e. Engaging in the commercial harvest of stone crabs

8014

during the time either of the endorsements is under suspension

8015

or revocation.

8016

2. Any commercial harvester who violates this paragraph

8017

commits a felony of the third degree, punishable as provided in

8018

s. 775.082, s. 775.083, or s. 775.084.

8019

3. Any other person who violates this paragraph commits a

8020

Level Four violation under s. 379.401 ~~372.83~~.

8021

8022

In addition, any commercial harvester convicted of violating

8023

this paragraph shall also be assessed an administrative penalty

8024

of up to $5,000, and the incidental take endorsement and/or the

8025

stone crab endorsement under which the violation was committed

8026

may be suspended for up to 24 calendar months. Immediately upon

8027

receiving a citation involving a violation of this paragraph and

8028

until adjudicated for such a violation, or if convicted of such

8029

a violation, the person, firm, or corporation committing the

8030

violation is prohibited from transferring any stone crab

8031

certificates or endorsements.

8032

(d) For any commercial harvester convicted of fraudulently

8033

reporting the actual value of transferred stone crab

8034

certificates, the commission may automatically suspend or

8035

permanently revoke the seller's or the purchaser's stone crab

8036

endorsements. If the endorsement is permanently revoked, the

8037

commission shall also permanently deactivate the endorsement

8038

holder's stone crab certificate accounts. Whether an endorsement

8039

is suspended or revoked, the commission may also levy a fine

8040

against the holder of the endorsement of up to twice the

8041

appropriate surcharge to be paid based on the fair market value

8042

of the transferred certificates.

8043

(e) During any period of suspension or revocation of an

8044

endorsement holder's endorsement, he or she shall remove all

8045

traps subject to that endorsement from the water within 15 days

8046

after notice provided by the commission. Failure to do so will

8047

extend the period of suspension or revocation for an additional

8048

6 calendar months.

8049

(f) An endorsement will not be renewed until all fees and

8050

administrative penalties imposed under this section are paid.

8051

(3) DEPREDATION PERMITS.--The Fish and Wildlife

8052

Conservation Commission shall issue a depredation permit upon

8053

request to any marine aquaculture producer, as defined in s.

8054

379.2523 ~~370.26~~, engaged in the culture of shellfish, which

8055

shall entitle the aquaculture producer to possess and use up to

8056

75 stone crab traps and up to 75 blue crab traps for the sole

8057

purpose of taking destructive or nuisance stone crabs or blue

8058

crabs within 1 mile of the producer's aquaculture shellfish

8059

beds. Stone crabs or blue crabs taken under this subsection may

8060

not be sold, bartered, exchanged, or offered for sale, barter,

8061

or exchange.

8062

~~(4) For the 2006-2007 fiscal year only, the trap tag fees~~

8063

~~required by this section shall be waived by the commission. This~~

8064

~~subsection expires July 1, 2007.~~

8065

Section 150. Section 370.135, Florida Statutes, is

8066

renumbered as section 379.366, Florida Statutes, and amended to

8067

read:

8068

379.366 ~~370.135~~ Blue crab; regulation.--

8069

(1) No commercial harvester shall transport on the water,

8070

fish with or cause to be fished with, set, or place any trap

8071

designed for taking blue crabs unless such commercial harvester

8072

holds a valid saltwater products license and restricted species

8073

endorsement issued under s. 379.361 ~~370.06~~ and a blue crab

8074

endorsement issued under this section. Each trap shall have the

8075

harvester's blue crab endorsement number permanently affixed to

8076

it. Each buoy attached to such a trap shall also have the

8077

harvester's blue crab endorsement number permanently attached to

8078

the buoy. The blue crab endorsement number shall be affixed in

8079

legible figures at least 2 inches high on each buoy used. The

8080

saltwater products license must be on board the boat, and both

8081

the license and the crabs shall be subject to inspection at all

8082

times. This subsection shall not apply to an individual fishing

8083

with no more than five traps.

8084

(2) No person shall harvest blue crabs with more than five

8085

traps, harvest blue crabs in commercial quantities, or sell blue

8086

crabs unless such person holds a valid saltwater products

8087

license with a restricted species endorsement issued under s.

8088

379.361 ~~370.06~~ and a blue crab endorsement issued under this

8089

section.

8090

(a) In the event of the death or disability of a person

8091

holding an active blue crab endorsement, the endorsement may be

8092

transferred by the person to a member of his or her immediate

8093

family or may be renewed by any person so designated by the

8094

executor of the person's estate.

8095

(b) A commercial harvester who holds a saltwater products

8096

license and a blue crab endorsement that is issued to the

8097

commercial harvester's vessel registration number and who

8098

replaces an existing vessel with a new vessel may transfer the

8099

existing blue crab endorsement to the saltwater products license

8100

of the new vessel.

8101

(3)(a) Endorsement fees.--

8102

1. The fee for a hard-shell blue crab endorsement for the

8103

taking of hard-shell blue crabs, as authorized by rule of the

8104

commission, is $125, $25 of which must be used solely for the

8105

trap retrieval program authorized under s. 379.2424 ~~370.143~~ and

8106

in commission rules.

8107

2. The fee for a soft-shell blue crab endorsement for the

8108

taking of soft-shell blue crabs, as authorized by rule of the

8109

commission, is $250, $25 of which must be used solely for the

8110

trap retrieval program authorized under s. 379.2424 ~~370.143~~ and

8111

in commission rules.

8112

3. The fee for a nontransferable hard-shell blue crab

8113

endorsement for the taking of hard-shell blue crabs, as

8114

authorized by rule of the commission, is $125, $25 of which must

8115

be used solely for the trap retrieval program authorized under

8116

s. 379.2424 ~~370.143~~ and in commission rules.

8117

4. The fee for an incidental take blue crab endorsement

8118

for the taking of blue crabs as bycatch in shrimp trawls and

8119

stone crab traps is $25, as authorized in commission rules.

8120

(b) Trap tag fees.--The annual fee for each trap tag

8121

issued by the commission under the requirements of the blue crab

8122

effort management program established by rule of the commission

8123

is 50 cents per tag. The fee for replacement tags for lost or

8124

damaged tags is 50 cents per tag plus the cost of shipping. In

8125

the event of a major natural disaster, such as a hurricane or

8126

major storm, that causes massive trap losses within an area

8127

declared by the Governor to be a disaster emergency area, the

8128

commission may temporarily defer or waive replacement tag fees.

8129

8130

an amount of equitable rent that may be recovered as partial

8131

compensation to the state for the enhanced access to its natural

8132

resources. In determining whether to establish such a rent and

8133

the amount thereof, the commission may consider the amount of

8134

revenues annually generated by endorsement fees, trap tag fees,

8135

replacement trap tag fees, trap retrieval fees, and the

8136

continued economic viability of the commercial blue crab

8137

industry. A rule establishing an amount of equitable rent shall

8138

become effective only upon approval by act of the Legislature.

8139

(d) Disposition of moneys generated from fees and

8140

administrative penalties.--Moneys generated from the sale of

8141

blue crab endorsements, trap tags, and replacement trap tags or

8142

from the assessment of administrative penalties by the

8143

commission under this section shall be deposited into the Marine

8144

Resources Conservation Trust Fund. Up to 50 percent of the

8145

moneys generated from the sale of endorsements and trap tags and

8146

the assessment of administrative penalties may be used for the

8147

operation and administration of the blue crab effort management

8148

program. The remaining moneys generated from the sale of

8149

endorsements and trap tags and the assessment of administrative

8150

penalties may be used for trap retrieval; management of the blue

8151

crab fishery; and public education activities, research, and

8152

enforcement activities in support of the blue crab effort

8153

management program.

8154

(e) Waiver of fees.--For the 2007-2008 license year, the

8155

commission shall waive all fees under this subsection for all

8156

persons who qualify by September 30, 2007, to participate in the

8157

blue crab effort management program established by commission

8158

rule.

8159

(4)(a) Untagged trap penalties.--By July 1, 2008, the

8160

commission shall adopt by rule the administrative penalties

8161

authorized by this subsection. In addition to any other

8162

penalties provided in s. 379.407 ~~370.021~~ for any blue crab

8163

endorsement holder who violates commission rules requiring the

8164

placement of trap tags for traps used for the directed harvest

8165

of blue crabs, the following administrative penalties apply:

8166

1. For a first violation, the commission shall assess an

8167

administrative penalty of up to $1,000.

8168

2. For a second violation that occurs within 24 months

8169

after any previous such violation, the commission shall assess

8170

an administrative penalty of up to $2,000, and the blue crab

8171

endorsement holder's blue crab fishing privileges may be

8172

suspended for 12 calendar months.

8173

3. For a third violation that occurs within 36 months

8174

after any two previous such violations, the commission shall

8175

assess an administrative penalty of up to $5,000, and the blue

8176

crab endorsement holder's blue crab fishing privileges may be

8177

suspended for 24 calendar months.

8178

4. A fourth violation that occurs within 48 months after

8179

any three previous such violations shall result in permanent

8180

revocation of all of the violator's saltwater fishing

8181

privileges, including having the commission proceed against the

8182

endorsement holder's saltwater products license in accordance

8183

with s. 379.407 ~~370.021~~.

8184

8185

Any blue crab endorsement holder assessed an administrative

8186

penalty under this paragraph shall, within 30 calendar days

8187

after notification, pay the administrative penalty to the

8188

commission or request an administrative hearing under ss.

8189

120.569 and 120.57.

8190

(b) Trap theft; prohibitions and penalties.--It is

8191

unlawful for any person to remove or take possession of the

8192

contents of another harvester's blue crab trap without the

8193

express written consent of the trap owner, which must be

8194

available for immediate inspection. Unauthorized possession of

8195

another harvester's blue crab trap gear or removal of trap

8196

contents constitutes theft.

8197

1. Any commercial harvester receiving a judicial

8198

disposition other than dismissal or acquittal on a charge of

8199

theft of or from a trap as prohibited by this paragraph shall,

8200

in addition to the penalties specified in s. 379.407 ~~370.021~~ and

8201

this section, permanently lose all saltwater fishing privileges,

8202

including any saltwater products licenses, blue crab

8203

endorsements, and blue crab trap tags allotted to him or her by

8204

the commission. In such cases, endorsements are nontransferable.

8205

2. In addition, any commercial harvester receiving a

8206

judicial disposition other than dismissal or acquittal for

8207

violating this paragraph shall also be assessed an

8208

administrative penalty of up to $5,000. Immediately upon receipt

8209

of a citation for a violation involving theft of or from a trap

8210

and until adjudicated for such a violation, or upon receipt of a

8211

judicial disposition other than dismissal or acquittal for such

8212

a violation, the commercial harvester committing the violation

8213

is prohibited from transferring any blue crab endorsements.

8214

3. A commercial harvester who violates this paragraph

8215

shall be punished under s. 379.407 ~~370.021~~. Any other person who

8216

violates this paragraph commits a Level Two violation under s.

8217

379.401 ~~372.83~~.

8218

8219

1. It is unlawful for any commercial harvester or any

8220

other person to:

8221

a. Willfully molest any blue crab trap, line, or buoy that

8222

is the property of any licenseholder without the permission of

8223

that licenseholder.

8224

b. Barter, trade, lease, or sell a blue crab trap tag or

8225

conspire or aid in such barter, trade, lease, or sale unless

8226

duly authorized by commission rules.

8227

c. Supply, agree to supply, aid in supplying, or give away

8228

a blue crab trap tag unless duly authorized by commission rules.

8229

d. Make, alter, forge, counterfeit, or reproduce a blue

8230

crab trap tag.

8231

e. Possess an altered, forged, counterfeit, or imitation

8232

blue crab trap tag.

8233

f. Possess a number of original trap tags or replacement

8234

trap tags, the sum of which exceeds by 1 percent the number of

8235

traps allowed by commission rules.

8236

g. Engage in the commercial harvest of blue crabs while

8237

the blue crab endorsements of the licenseholder are under

8238

suspension or revocation.

8239

2. Immediately upon receiving a citation involving a

8240

violation of this paragraph and until adjudicated for such a

8241

violation, a commercial harvester is prohibited from

8242

transferring any blue crab endorsement.

8243

3. A commercial harvester convicted of violating this

8244

paragraph commits a felony of the third degree, punishable as

8245

provided in s. 775.082, s. 775.083, or s. 775.084, shall also be

8246

assessed an administrative penalty of up to $5,000, and is

8247

immediately prohibited from transferring any blue crab

8248

endorsement. All blue crab endorsements issued to a commercial

8249

harvester convicted of violating this paragraph may be suspended

8250

for up to 24 calendar months.

8251

4. Any other person convicted of violating this paragraph

8252

commits a Level Four violation under s. 379.401 ~~372.83~~.

8253

(d) Endorsement transfers; fraudulent reports;

8254

penalties.--For a commercial harvester convicted of fraudulently

8255

reporting the actual value of transferred blue crab

8256

endorsements, the commission may automatically suspend or

8257

permanently revoke the seller's or the purchaser's blue crab

8258

endorsements. If the endorsement is permanently revoked, the

8259

commission shall also permanently deactivate the endorsement

8260

holder's blue crab trap tag accounts.

8261

(e) Prohibitions during endorsement suspension and

8262

revocation.--During any period of suspension or after revocation

8263

of a blue crab endorsement holder's endorsements, he or she

8264

shall, within 15 days after notice provided by the commission,

8265

remove from the water all traps subject to that endorsement.

8266

Failure to do so shall extend the period of suspension for an

8267

additional 6 calendar months.

8268

(5) For purposes of this section, a conviction is any

8269

disposition other than acquittal or dismissal.

8270

(6) A blue crab endorsement may not be renewed until all

8271

fees and administrative penalties imposed under this section are

8272

paid.

8273

(7) Subsections (3), (4), (5), and (6) shall expire on

8274

July 1, 2009, unless reenacted by the Legislature during the

8275

2009 Regular Session.

8276

Section 151. Section 370.14, Florida Statutes, is

8277

renumbered as section 379.367, Florida Statutes, and amended to

8278

read:

8279

379.367 ~~370.14~~ Spiny lobster; regulation.--

8280

(1) It is the intent of the Legislature to maintain the

8281

spiny lobster industry for the economy of the state and to

8282

conserve the stocks supplying this industry. The provisions of

8283

this act regulating the taking of spiny lobster are for the

8284

purposes of ensuring and maintaining the highest possible

8285

production of spiny lobster.

8286

(2)(a)1. Each commercial harvester taking or attempting to

8287

take spiny lobster with a trap in commercial quantities or for

8288

commercial purposes shall obtain and exhibit a spiny lobster

8289

endorsement number, as required by the Fish and Wildlife

8290

Conservation Commission. The annual fee for a spiny lobster

8291

endorsement is $125. This endorsement may be issued by the

8292

commission upon the receipt of application by the commercial

8293

harvester when accompanied by the payment of the fee. The design

8294

of the applications and of the trap tag shall be determined by

8295

the commission. Any trap or device used in taking or attempting

8296

to take spiny lobster, other than a trap with the endorsement

8297

number, shall be seized and destroyed by the commission. The

8298

proceeds of the fees imposed by this paragraph shall be

8299

deposited and used as provided in paragraph (b). The commission

8300

may adopt rules to carry out the intent of this section.

8301

2. Each commercial harvester taking or attempting to take

8302

spiny lobster in commercial quantities or for commercial

8303

purposes by any method, other than with a trap having a spiny

8304

lobster endorsement number issued by the commission, must pay an

8305

annual fee of $100.

8306

(b) Twenty-five dollars of the $125 fee for a spiny

8307

lobster endorsement required under subparagraph (a)1. must be

8308

used only for trap retrieval as provided in s. 379.2424 ~~370.143~~.

8309

The remainder of the fees collected under paragraph (a) shall be

8310

deposited as follows:

8311

1. Fifty percent of the fees collected shall be deposited

8312

in the Marine Resources Conservation Trust Fund for use in

8313

enforcing the provisions of paragraph (a) through aerial and

8314

other surveillance and trap retrieval.

8315

2. Fifty percent of the fees collected shall be deposited

8316

as provided in s. 379.3671(5) ~~370.142(5)~~.

8317

(3) The spiny lobster endorsement must be on board the

8318

boat, and both the endorsement and the harvested spiny lobster

8319

shall be subject to inspection at all times. Only one

8320

endorsement shall be issued for each boat. The spiny lobster

8321

endorsement number must be prominently displayed above the

8322

topmost portion of the boat so as to be easily and readily

8323

identified.

8324

(4)(a) It is unlawful for any person willfully to molest

8325

any spiny lobster traps, lines, or buoys belonging to another

8326

without permission of the licenseholder.

8327

(b) A commercial harvester who violates this subsection

8328

commits a felony of the third degree, punishable as provided in

8329

s. 775.082 or s. 775.083. Any other person who violates this

8330

subsection commits a Level Four violation under s. 379.401

8331

~~372.83~~.

8332

(5) Any spiny lobster licenseholder, upon selling licensed

8333

spiny lobster traps, shall furnish the commission notice of such

8334

sale of all or part of his or her interest within 15 days

8335

thereof. Any holder of said license shall also notify the

8336

commission within 15 days if his or her address no longer

8337

conforms to the address appearing on the license and shall, as a

8338

part of such notification, furnish the commission with his or

8339

her new address.

8340

(6)(a) By a special permit granted by the commission, a

8341

Florida-licensed seafood dealer may lawfully import, process,

8342

and package spiny lobster or uncooked tails of the species

8343

Panulirus argus during the closed season. However, spiny lobster

8344

landed under special permit shall not be sold in the state.

8345

(b) The licensed seafood dealer importing any such spiny

8346

lobster under the permit shall, 12 hours prior to the time the

8347

seagoing vessel or airplane delivering such imported spiny

8348

lobster enters the state, notify the commission as to the

8349

seagoing vessel's name or the airplane's registration number and

8350

its captain, location, and point of destination.

8351

8352

the permitholder's place of business, the spiny lobster cargo

8353

shall be weighed and shall be available for inspection by the

8354

commission. A signed receipt of such quantity in pounds shall be

8355

forwarded to the commission within 48 hours after shipment

8356

weigh-in completion. If requested by the commission, the weigh-

8357

in process will be delayed up to 4 hours to allow for a

8358

commission representative to be present during the process.

8359

(d) Within 48 hours after shipment weigh-in completion,

8360

the permitholder shall submit to the commission, on forms

8361

provided by the commission, a sworn report of the quantity in

8362

pounds of the spiny lobster received, which report shall include

8363

the location of said spiny lobster and a sworn statement that

8364

said spiny lobster were taken at least 50 miles from Florida's

8365

shoreline. The landing of spiny lobster or spiny lobster tails

8366

from which the eggs, swimmerettes, or pleopods have been

8367

removed; the falsification of information as to area from which

8368

spiny lobster were obtained; or the failure to file the report

8369

called for in this section shall be grounds to revoke the

8370

permit.

8371

(e) Each permitholder shall keep throughout the period of

8372

the closed season copies of the bill of sale or invoices

8373

covering each transaction involving spiny lobster imported under

8374

this permit. Such invoices and bills shall be kept available at

8375

all times for inspection by the commission.

8376

(7)(a) A Florida-licensed seafood dealer may obtain a

8377

special permit to import, process, and package uncooked tails of

8378

spiny lobster upon the payment of the sum of $100 to the

8379

commission.

8380

(b) A special permit must be obtained by any airplane or

8381

seagoing vessel other than a common carrier used to transport

8382

spiny lobster or spiny lobster tails for purchase by licensed

8383

seafood dealers for purposes as provided herein upon the payment

8384

of $50.

8385

8386

nontransferable.

8387

(8) No common carrier or employee of said carrier may

8388

carry, knowingly receive for carriage, or permit the carriage of

8389

any spiny lobster of the species Panulirus argus, regardless of

8390

where taken, during the closed season, except of the species

8391

Panulirus argus lawfully imported from a foreign country for

8392

reshipment outside of the territorial limits of the state under

8393

United States Customs bond or in accordance with paragraph

8394

(7)(a).

8395

Section 152. Section 370.142, Florida Statutes, is

8396

renumbered as section 379.3671, Florida Statutes, and amended to

8397

read:

8398

379.3671 ~~370.142~~ Spiny lobster trap certificate program.--

8399

(1) INTENT.--Due to rapid growth, the spiny lobster

8400

fishery is experiencing increased congestion and conflict on the

8401

water, excessive mortality of undersized lobsters, a declining

8402

yield per trap, and public concern over petroleum and debris

8403

pollution from existing traps. In an effort to solve these and

8404

related problems, the Legislature intends to develop pursuant to

8405

the provisions of this section a spiny lobster trap certificate

8406

program, the principal goal of which is to stabilize the fishery

8407

by reducing the total number of traps, which should increase the

8408

yield per trap and therefore maintain or increase overall catch

8409

levels. The Legislature seeks to preserve as much flexibility in

8410

the program as possible for the fishery's various constituents

8411

and ensure that any reduction in total trap numbers will be

8412

proportioned equally on a percentage basis among all users of

8413

traps in the fishery.

8414

(2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

8415

PENALTIES.--The Fish and Wildlife Conservation Commission shall

8416

establish a trap certificate program for the spiny lobster

8417

fishery of this state and shall be responsible for its

8418

administration and enforcement as follows:

8419

(a) Transferable trap certificates.--Each holder of a

8420

saltwater products license who uses traps for taking or

8421

attempting to take spiny lobsters shall be required to have a

8422

certificate on record for each trap possessed or used therefor,

8423

except as otherwise provided in this section.

8424

1. Trap certificates are transferable on a market basis

8425

and may be transferred from one licenseholder to another for a

8426

fair market value agreed upon between the transferor and

8427

transferee. Each such transfer shall, within 72 hours thereof,

8428

be recorded on a notarized form provided for that purpose by the

8429

Fish and Wildlife Conservation Commission and hand delivered or

8430

sent by certified mail, return receipt requested, to the

8431

commission for recordkeeping purposes. In order to cover the

8432

added administrative costs of the program and to recover an

8433

equitable natural resource rent for the people of the state, a

8434

transfer fee of $2 per certificate transferred shall be assessed

8435

against the purchasing licenseholder and sent by money order or

8436

cashier's check with the certificate transfer form. Also, in

8437

addition to the transfer fee, a surcharge of $5 per certificate

8438

transferred or 25 percent of the actual market value, whichever

8439

is greater, given to the transferor shall be assessed the first

8440

time a certificate is transferred outside the original

8441

transferor's immediate family. No transfer of a certificate

8442

shall be effective until the commission receives the notarized

8443

transfer form and the transfer fee, including any surcharge, is

8444

paid. The commission may establish by rule an amount of

8445

equitable rent per trap certificate that shall be recovered as

8446

partial compensation to the state for the enhanced access to its

8447

natural resources. A rule establishing an amount of equitable

8448

rent shall become effective only after approval by the

8449

Legislature. In determining whether to establish such a rent

8450

and, if so, the amount thereof, the commission shall consider

8451

the amount of revenues annually generated by certificate fees,

8452

transfer fees, surcharges, trap license fees, and sales taxes,

8453

the demonstrated fair market value of transferred certificates,

8454

and the continued economic viability of the commercial lobster

8455

industry. All proceeds of equitable rent recovered shall be

8456

deposited in the Marine Resources Conservation Trust Fund and

8457

used by the commission for research, management, and protection

8458

of the spiny lobster fishery and habitat. A transfer fee may not

8459

be assessed or required when the transfer is within a family as

8460

a result of the death or disability of the certificate owner. A

8461

surcharge will not be assessed for any transfer within an

8462

individual's immediate family.

8463

2. No person, firm, corporation, or other business entity

8464

may control, directly or indirectly, more than 1.5 percent of

8465

the total available certificates in any license year.

8466

3. The commission shall maintain records of all

8467

certificates and their transfers and shall annually provide each

8468

licenseholder with a statement of certificates held.

8469

4. The number of trap tags issued annually to each

8470

licenseholder shall not exceed the number of certificates held

8471

by the licenseholder at the time of issuance, and such tags and

8472

a statement of certificates held shall be issued simultaneously.

8473

5. It is unlawful for any person to lease spiny lobster

8474

trap tags or certificates.

8475

(b) Trap tags.--Each trap used to take or attempt to take

8476

spiny lobsters in state waters or adjacent federal waters shall,

8477

in addition to the spiny lobster endorsement number required by

8478

s. 379.367(2) ~~370.14(2)~~, have affixed thereto an annual trap tag

8479

issued by the commission. Each such tag shall be made of durable

8480

plastic or similar material and shall, based on the number of

8481

certificates held, have stamped thereon the owner's license

8482

number. To facilitate enforcement and recordkeeping, such tags

8483

shall be issued each year in a color different from that of each

8484

of the previous 3 years. The annual certificate fee shall be $1

8485

per certificate. Replacement tags for lost or damaged tags may

8486

be obtained as provided by rule of the commission. In the event

8487

of a major natural disaster, such as a hurricane or major storm,

8488

that causes massive trap losses within an area declared by the

8489

Governor to be a disaster emergency area, the commission may

8490

temporarily defer or waive replacement tag fees.

8491

8492

1. It is unlawful for a person to possess or use a spiny

8493

lobster trap in or on state waters or adjacent federal waters

8494

without having affixed thereto the trap tag required by this

8495

section. It is unlawful for a person to possess or use any other

8496

gear or device designed to attract and enclose or otherwise aid

8497

in the taking of spiny lobster by trapping that is not a trap as

8498

defined by commission rule.

8499

2. It is unlawful for a person to possess or use spiny

8500

lobster trap tags without having the necessary number of

8501

certificates on record as required by this section.

8502

3. It is unlawful for any person to willfully molest, take

8503

possession of, or remove the contents of another harvester's

8504

spiny lobster trap without the express written consent of the

8505

trap owner available for immediate inspection. Unauthorized

8506

possession of another's trap gear or removal of trap contents

8507

constitutes theft.

8508

a. A commercial harvester who violates this subparagraph

8509

shall be punished under ss. 379.367 and 379.407 ~~370.021 and~~

8510

~~370.14~~. Any commercial harvester receiving a judicial

8511

disposition other than dismissal or acquittal on a charge of

8512

theft of or from a trap pursuant to this subparagraph or s.

8513

379.402 ~~370.1107~~ shall, in addition to the penalties specified

8514

in ss. 379.367 and 379.407 ~~370.021 and 370.14~~ and the provisions

8515

of this section, permanently lose all his or her saltwater

8516

fishing privileges, including his or her saltwater products

8517

license, spiny lobster endorsement, and all trap certificates

8518

allotted to him or her through this program. In such cases, trap

8519

certificates and endorsements are nontransferable.

8520

b. Any commercial harvester receiving a judicial

8521

disposition other than dismissal or acquittal on a charge of

8522

willful molestation of a trap, in addition to the penalties

8523

specified in ss. 379.367 and 379.407 ~~370.021 and 370.14~~, shall

8524

lose all saltwater fishing privileges for a period of 24

8525

calendar months.

8526

c. In addition, any commercial harvester charged with

8527

violating this subparagraph and receiving a judicial disposition

8528

other than dismissal or acquittal for violating this

8529

subparagraph or s. 379.402 ~~370.1107~~ shall also be assessed an

8530

administrative penalty of up to $5,000.

8531

8532

Immediately upon receiving a citation for a violation involving

8533

theft of or from a trap, or molestation of a trap, and until

8534

adjudicated for such a violation or, upon receipt of a judicial

8535

disposition other than dismissal or acquittal of such a

8536

violation, the commercial harvester committing the violation is

8537

prohibited from transferring any spiny lobster trap certificates

8538

and endorsements.

8539

4. In addition to any other penalties provided in s.

8540

379.407 ~~370.021~~, a commercial harvester who violates the

8541

provisions of this section or commission rules relating to spiny

8542

lobster traps shall be punished as follows:

8543

a. If the first violation is for violation of subparagraph

8544

1. or subparagraph 2., the commission shall assess an additional

8545

administrative penalty of up to $1,000. For all other first

8546

violations, the commission shall assess an additional

8547

administrative penalty of up to $500.

8548

b. For a second violation of subparagraph 1. or

8549

subparagraph 2. which occurs within 24 months of any previous

8550

such violation, the commission shall assess an additional

8551

administrative penalty of up to $2,000 and the spiny lobster

8552

endorsement issued under s. 379.367(2) or (6) ~~370.14(2) or (6)~~

8553

may be suspended for the remainder of the current license year.

8554

c. For a third or subsequent violation of subparagraph 1.,

8555

subparagraph 2., or subparagraph 3. which occurs within 36

8556

months of any previous two such violations, the commission shall

8557

assess an additional administrative penalty of up to $5,000 and

8558

may suspend the spiny lobster endorsement issued under s.

8559

379.367(2) or (6) ~~370.14(2) or (6)~~ for a period of up to 24

8560

months or may revoke the spiny lobster endorsement and, if

8561

revoking the spiny lobster endorsement, may also proceed against

8562

the licenseholder's saltwater products license in accordance

8563

with the provisions of s. 379.407(2)(h) ~~370.021(2)(h)~~.

8564

d. Any person assessed an additional administrative

8565

penalty pursuant to this section shall within 30 calendar days

8566

after notification:

8567

(I) Pay the administrative penalty to the commission; or

8568

(II) Request an administrative hearing pursuant to the

8569

provisions of ss. 120.569 and 120.57.

8570

e. The commission shall suspend the spiny lobster

8571

endorsement issued under s. 379.367(2) or (6) ~~370.14(2) or (6)~~

8572

for any person failing to comply with the provisions of sub-

8573

subparagraph d.

8574

5.a. It is unlawful for any person to make, alter, forge,

8575

counterfeit, or reproduce a spiny lobster trap tag or

8576

certificate.

8577

b. It is unlawful for any person to knowingly have in his

8578

or her possession a forged, counterfeit, or imitation spiny

8579

lobster trap tag or certificate.

8580

c. It is unlawful for any person to barter, trade, sell,

8581

supply, agree to supply, aid in supplying, or give away a spiny

8582

lobster trap tag or certificate or to conspire to barter, trade,

8583

sell, supply, aid in supplying, or give away a spiny lobster

8584

trap tag or certificate unless such action is duly authorized by

8585

the commission as provided in this chapter or in the rules of

8586

the commission.

8587

6.a. Any commercial harvester who violates the provisions

8588

of subparagraph 5., or any commercial harvester who engages in

8589

the commercial harvest, trapping, or possession of spiny lobster

8590

without a spiny lobster endorsement as required by s. 379.367(2)

8591

or (6) ~~370.14(2) or (6)~~ or during any period while such spiny

8592

lobster endorsement is under suspension or revocation, commits a

8593

felony of the third degree, punishable as provided in s.

8594

775.082, s. 775.083, or s. 775.084.

8595

b. In addition to any penalty imposed pursuant to sub-

8596

subparagraph a., the commission shall levy a fine of up to twice

8597

the amount of the appropriate surcharge to be paid on the fair

8598

market value of the transferred certificates, as provided in

8599

subparagraph (a)1., on any commercial harvester who violates the

8600

provisions of sub-subparagraph 5.c.

8601

c. In addition to any penalty imposed pursuant to sub-

8602

subparagraph a., any commercial harvester receiving any judicial

8603

disposition other than acquittal or dismissal for a violation of

8604

subparagraph 5. shall be assessed an administrative penalty of

8605

up to $5,000, and the spiny lobster endorsement under which the

8606

violation was committed may be suspended for up to 24 calendar

8607

months. Immediately upon issuance of a citation involving a

8608

violation of subparagraph 5. and until adjudication of such a

8609

violation, and after receipt of any judicial disposition other

8610

than acquittal or dismissal for such a violation, the commercial

8611

harvester holding the spiny lobster endorsement listed on the

8612

citation is prohibited from transferring any spiny lobster trap

8613

certificates.

8614

d. Any other person who violates the provisions of

8615

subparagraph 5. commits a Level Four violation under s. 379.401

8616

~~372.83~~.

8617

7. Any certificates for which the annual certificate fee

8618

is not paid for a period of 3 years shall be considered

8619

abandoned and shall revert to the commission. During any period

8620

of trap reduction, any certificates reverting to the commission

8621

shall become permanently unavailable and be considered in that

8622

amount to be reduced during the next license-year period.

8623

Otherwise, any certificates that revert to the commission are to

8624

be reallotted in such manner as provided by the commission.

8625

8. The proceeds of all administrative penalties collected

8626

pursuant to subparagraph 4. and all fines collected pursuant to

8627

sub-subparagraph 6.b. shall be deposited into the Marine

8628

Resources Conservation Trust Fund.

8629

9. All traps shall be removed from the water during any

8630

period of suspension or revocation.

8631

10. Except as otherwise provided, any person who violates

8632

this paragraph commits a Level Two violation under s. 379.401

8633

~~372.83~~.

8634

(d) No vested rights.--The trap certificate program shall

8635

not create vested rights in licenseholders whatsoever and may be

8636

altered or terminated as necessary to protect the spiny lobster

8637

resource, the participants in the fishery, or the public

8638

interest.

8639

(3) TRAP REDUCTION.--The objective of the overall trap

8640

certificate program is to reduce the number of traps used in the

8641

spiny lobster fishery to the lowest number that will maintain or

8642

increase overall catch levels, promote economic efficiency in

8643

the fishery, and conserve natural resources. Therefore, the

8644

Marine Fisheries Commission shall set an overall trap reduction

8645

goal based on maintaining or maximizing a sustained harvest from

8646

the spiny lobster fishery. To reach that goal, the Marine

8647

Fisheries Commission shall, by July 1, 1992, set an annual trap

8648

reduction schedule, not to exceed 10 percent per year,

8649

applicable to all certificateholders until the overall trap

8650

reduction goal is reached. All certificateholders shall have

8651

their certificate holdings reduced by the same percentage of

8652

certificates each year according to the trap reduction schedule.

8653

Until July 1, 1999, the Department of Environmental Protection

8654

shall issue the number of trap tags authorized by the Marine

8655

Fisheries Commission, as requested, and a revised statement of

8656

certificates held. Beginning July 1, 1999, the Fish and Wildlife

8657

Conservation Commission shall annually issue the number of trap

8658

tags authorized by the commission's schedule, as requested, and

8659

a revised statement of certificates held. Certificateholders may

8660

maintain or increase their total number of certificates held by

8661

purchasing available certificates from within the authorized

8662

total. The Fish and Wildlife Conservation Commission shall

8663

provide for an annual evaluation of the trap reduction process

8664

and shall suspend the annual percentage reductions for any

8665

period deemed necessary by the commission in order to assess the

8666

impact of the trap reduction schedule on the fishery. The Fish

8667

and Wildlife Conservation Commission may then, by rule, resume,

8668

terminate, or reverse the schedule as it deems necessary to

8669

protect the spiny lobster resource and the participants in the

8670

fishery.

8671

(4) TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS

8672

BOARD.--There is hereby established the Trap Certificate

8673

Technical Advisory and Appeals Board. Such board shall consider

8674

and advise the commission on disputes and other problems arising

8675

from the implementation of the spiny lobster trap certificate

8676

program. The board may also provide information to the

8677

commission on the operation of the trap certificate program.

8678

(a) The board shall consist of the executive director of

8679

the commission or designee and nine other members appointed by

8680

the executive director, according to the following criteria:

8681

1. All appointed members shall be certificateholders, but

8682

two shall be holders of fewer than 100 certificates, two shall

8683

be holders of at least 100 but no more than 750 certificates,

8684

three shall be holders of more than 750 but not more than 2,000

8685

certificates, and two shall be holders of more than 2,000

8686

certificates.

8687

2. At least one member each shall come from Broward, Dade,

8688

and Palm Beach Counties; and five members shall come from the

8689

various regions of the Florida Keys.

8690

3. At least one appointed member shall be a person of

8691

Hispanic origin capable of speaking English and Spanish.

8692

(b) The term of each appointed member shall be for 4

8693

years, and any vacancy shall be filled for the balance of the

8694

unexpired term with a person of the qualifications necessary to

8695

maintain the requirements of paragraph (a). There shall be no

8696

limitation on successive appointments to the board.

8697

8698

shall serve as a member and shall call the organizational

8699

meeting of the board. The board shall annually elect a chair and

8700

a vice chair. There shall be no limitation on successive terms

8701

that may be served by a chair or vice chair. The board shall

8702

meet at the call of its chair, at the request of a majority of

8703

its membership, at the request of the commission, or at such

8704

times as may be prescribed by its rules. A majority of the board

8705

shall constitute a quorum, and official action of the board

8706

shall require a majority vote of the total membership of the

8707

board present at the meeting.

8708

(d) The procedural rules adopted by the board shall

8709

conform to the requirements of chapter 120.

8710

(e) Members of the board shall be reimbursed for per diem

8711

and travel expenses as provided in s. 112.061.

8712

(f) Upon reaching a decision on any dispute or problem

8713

brought before it, including any decision involving the

8714

allotment of certificates under paragraph (g), the board shall

8715

submit such decision to the executive director of the commission

8716

for final approval. The executive director of the commission may

8717

alter or disapprove any decision of the board, with notice

8718

thereof given in writing to the board and to each party in the

8719

dispute explaining the reasons for the disapproval. The action

8720

of the executive director of the commission constitutes final

8721

agency action.

8722

(g) In addition to those certificates allotted pursuant to

8723

the provisions of subparagraph (2)(a)1., up to 125,000

8724

certificates may be allotted by the board to settle disputes or

8725

other problems arising from implementation of the trap

8726

certificate program during the 1992-1993 and 1993-1994 license

8727

years. Any certificates not allotted by March 31, 1994, shall

8728

become permanently unavailable and shall be considered as part

8729

of the 1994-1995 reduction schedule. All appeals for additional

8730

certificates or other disputes must be filed with the board

8731

before October 1, 1993.

8732

(h) Any trap certificates issued by the Department of

8733

Environmental Protection and, effective July 1, 1999, the

8734

commission as a result of the appeals process must be added to

8735

the existing number of trap certificates for the purposes of

8736

determining the total number of certificates from which the

8737

subsequent season's trap reduction is calculated.

8738

(i) On and after July 1, 1994, the board shall no longer

8739

consider and advise the Fish and Wildlife Conservation

8740

Commission on disputes and other problems arising from

8741

implementation of the trap certificate program nor allot any

8742

certificates with respect thereto.

8743

(5) DISPOSITION OF FEES AND SURCHARGES.--Transfer fees and

8744

surcharges, annual trap certificate fees, and recreational tag

8745

fees collected pursuant to paragraphs (2)(a) and (b) shall be

8746

deposited in the Marine Resources Conservation Trust Fund and

8747

used for administration of the trap certificate program,

8748

research and monitoring of the spiny lobster fishery, and

8749

enforcement and public education activities in support of the

8750

purposes of this section and shall also be for the use of the

8751

Fish and Wildlife Conservation Commission in evaluating the

8752

impact of the trap reduction schedule on the spiny lobster

8753

fishery; however, at least 15 percent of the fees and surcharges

8754

collected shall be provided to the commission for such

8755

evaluation.

8756

(6) RULEMAKING AUTHORITY.--The Fish and Wildlife

8757

Conservation Commission may adopt rules to implement the

8758

provisions of this section.

8759

~~(7) For the 2006-2007 fiscal year only, the trap tag fees~~

8760

~~required by this section shall be waived by the commission. This~~

8761

~~subsection expires July 1, 2007.~~

8762

Section 153. Subsections (2),(3), and (4) of section

8763

370.143, Florida Statutes, are renumbered as section 379.368,

8764

Florida Statutes, and amended to read:

8765

379.368 ~~370.143~~ Fees for the retrieval of spiny lobster,

8766

stone crab, blue crab, and black sea bass traps during closed

8767

season~~; commission authority; fees~~.--

8768

(1)~~(2)~~ Pursuant to s. 379.2424, the commission shall

8769

assess trap owners, and collect, a retrieval fee of $10 per trap

8770

retrieved ~~shall be assessed trap owners~~. However, for each

8771

person holding a spiny lobster endorsement, a stone crab

8772

endorsement, or a blue crab endorsement issued under rule of the

8773

commission, the retrieval fee shall be waived for the first five

8774

traps retrieved. Traps recovered under this program shall become

8775

the property of the commission or its contract agent, as

8776

determined by the commission, and shall be either destroyed or

8777

resold to the original owner. Revenue from retrieval fees shall

8778

be deposited in the Marine Resources Conservation Trust Fund and

8779

used solely for operation of the trap retrieval program.

8780

(2)~~(3)~~ Payment of all assessed retrieval fees shall be

8781

required prior to renewal of the trap owner's saltwater products

8782

license. Retrieval fees assessed under this program shall stand

8783

in lieu of other penalties imposed for such trap violations.

8784

(3)~~(4)~~ In the event of a major natural disaster, such as a

8785

hurricane or major storm, that causes massive trap losses within

8786

an area declared by the Governor to be a disaster emergency

8787

area, the commission shall waive trap retrieval fees.

8788

Section 154. Section 370.1535, Florida Statutes, is

8789

renumbered as section 379.369, Florida Statutes, and amended to

8790

read:

8791

379.369 ~~370.1535~~ Fees for ~~Regulation of~~ shrimp fishing in

8792

Tampa Bay~~; licensing requirements~~.--

8793

~~(1) No person shall operate as a dead shrimp producer in~~

8794

~~any waters of Tampa Bay unless such person has procured from the~~

8795

~~Fish and Wildlife Conservation Commission a dead shrimp~~

8796

~~production permit.~~

8797

~~(2) The Fish and Wildlife Conservation Commission is~~

8798

~~authorized to issue a dead shrimp production permit to persons~~

8799

~~qualified pursuant to the following criteria:~~

8800

~~(a) The person has submitted an application designed by~~

8801

~~the commission for such permit.~~

8802

~~(b) One permit is required for each vessel used for dead~~

8803

~~shrimp production in the waters of Tampa Bay. A permit shall~~

8804

~~only be issued to an individual who is the principal owner of~~

8805

~~the vessel or of the business entity owning the vessel and~~

8806

~~utilizing the permit. No more than three permits shall be issued~~

8807

~~to any individual.~~

8808

~~(c)~~ Each application for a permit to shrimp fish in the

8809

waters of Tampa Bay shall be accompanied by a fee of $250 for

8810

each resident of the state and $1,000 for each nonresident of

8811

the state. The proceeds of the fees collected pursuant to this

8812

paragraph shall be deposited into the Marine Resources

8813

Conservation Trust Fund to be used by the commission for the

8814

purpose of enforcement of marine resource laws.

8815

~~(d) No person shall be issued a permit or be allowed to~~

8816

~~renew a permit if such person is registered for noncommercial~~

8817

~~trawling pursuant to s. 370.15(4).~~

8818

~~(e) Each applicant shall make application prior to June~~

8819

~~30, 1992, and shall hold any other license or registration~~

8820

~~required to operate a commercial fishing vessel in Tampa Bay on~~

8821

~~the date of application.~~

8822

~~(3) Each permit issued in the base year of 1992 shall be~~

8823

~~renewable by June 30 in each subsequent year upon application~~

8824

~~meeting the requirements for issuance for an initial permit~~

8825

~~pursuant to subsection (2). The number of permits outstanding in~~

8826

~~any one year shall not exceed the number issued for 1992. No~~

8827

~~permit shall be transferable by any method, including devise or~~

8828

~~inheritance, and a permit shall be renewable only by the initial~~

8829

~~holder thereof. All permits not renewed for any reason shall~~

8830

~~expire and shall not be renewable under any circumstances.~~

8831

~~(4) No person harvesting dead shrimp from Tampa Bay shall~~

8832

~~sell such shrimp to any person unless such seller is in~~

8833

~~possession of a dead shrimp production permit issued pursuant to~~

8834

~~this section. Except for purchases from other wholesale dealers,~~

8835

~~no wholesale dealer, as defined in s. 370.07(1)(a)3., shall~~

8836

~~purchase dead shrimp harvested in Tampa Bay, unless the seller~~

8837

~~produces his or her dead shrimp production permit prior to the~~

8838

~~sale of the shrimp.~~

8839

~~(5) The operator of any vessel used in Tampa Bay for dead~~

8840

~~shrimp production shall possess while in or on the waters of the~~

8841

~~bay and produce upon the request of any duly authorized law~~

8842

~~enforcement officer a current dead shrimp production permit~~

8843

~~issued for the vessel pursuant to this section.~~

8844

~~(6) Each person harvesting shrimp in Tampa Bay pursuant to~~

8845

~~the permit required by this section shall comply with all rules~~

8846

~~of the Fish and Wildlife Conservation Commission regulating such~~

8847

~~harvest.~~

8848

~~(7) For purpose of this section, "Tampa Bay" means all the~~

8849

~~waters of the bay east and north of the Sunshine Skyway Bridge~~

8850

~~(U.S. 19 and Interstate 275).~~

8851

Section 155. Section 379.3711, Florida Statutes, is

8852

created to read:

8853

379.3711 License fee for private game preserves and

8854

farms.--The licensee fee for establishing, maintaining, and

8855

operating a private preserve and farm pursuant to s. 379.302 is

8856

$50 per year. The fee is payable to the commission and shall be

8857

deposited in the State Game Trust Fund.

8858

Section 156. Section 372.661, Florida Statutes, is

8859

renumbered as section 379.3712, Florida Statutes, and amended to

8860

read:

8861

379.3712 ~~372.661~~ Private hunting preserve license fees;

8862

exception.--

8863

(1) Any person who operates a private hunting preserve

8864

commercially or otherwise shall be required to pay a license fee

8865

of $70 for each such preserve; provided, however, that during

8866

the open season established for wild game of any species a

8867

private individual may take artificially propagated game of such

8868

species up to the bag limit prescribed for the particular

8869

species without being required to pay the license fee required

8870

by this section; provided further that if any such individual

8871

shall charge a fee for taking such game she or he shall be

8872

required to pay the license fee required by this section and to

8873

comply with the rules of the commission relative to the

8874

operation of private hunting preserves.

8875

(2) A commercial hunting preserve license, which shall

8876

exempt patrons of licensed preserves from the license and permit

8877

requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j)

8878

~~372.57(4)(c), (d), (f), (h), (i), and (j)~~; (5)(g) and (h);

8879

(8)(a), (b), and (e); (9)(a)2.; (11); and (12) while hunting on

8880

the licensed preserve property, shall be $500. Such commercial

8881

hunting preserve license shall be available only to those

8882

private hunting preserves licensed pursuant to this section

8883

which are operated exclusively for commercial purposes, which

8884

are open to the public, and for which a uniform fee is charged

8885

to patrons for hunting privileges.

8886

Section 157. Section 372.86, Florida Statutes, is

8887

renumbered as section 379.372, Florida Statutes, to read:

8888

379.372 ~~372.86~~ Capturing, keeping, possessing,

8889

transporting, or exhibiting venomous reptiles or reptiles of

8890

concern; license required.--

8891

(1) No person, firm, or corporation shall capture, keep,

8892

possess, or exhibit any poisonous or venomous reptile or reptile

8893

of concern without first having obtained a special permit or

8894

license therefor from the Fish and Wildlife Conservation

8895

Commission as provided in this section.

8896

(2) By December 31, 2007, the commission shall establish a

8897

list of reptiles of concern, including venomous, nonvenomous,

8898

native, nonnative, or other reptiles, which require additional

8899

regulation for capture, possession, transportation, or

8900

exhibition due to their nature, habits, status, or potential to

8901

negatively impact the environment, ecology, or humans.

8902

(3) It shall be unlawful for any person, firm, or

8903

corporation, whether licensed hereunder or not, to capture,

8904

keep, possess, or exhibit any venomous reptile or reptile of

8905

concern in any manner not approved as safe, secure, and proper

8906

by the commission. Venomous reptiles or reptiles of concern held

8907

in captivity are subject to inspection by the commission. The

8908

commission shall determine whether the reptiles are securely,

8909

safely, and properly penned. In the event that the reptiles are

8910

not safely penned, the commission shall report the situation in

8911

writing to the person, firm, or corporation owning the reptiles.

8912

Failure of the person, firm, or corporation to correct the

8913

situation within 30 days after such written notice shall be

8914

grounds for revocation of the license or permit of the person,

8915

firm, or corporation.

8916

(4) Venomous reptiles or reptiles of concern shall be

8917

transported in a safe, secure, and proper manner. The commission

8918

shall establish by rule the requirements for the transportation

8919

of venomous reptiles or reptiles of concern.

8920

Section 158. Section 372.87, Florida Statutes, is

8921

renumbered as 379.373, Florida Statutes, to read:

8922

379.373 ~~372.87~~ License fee; renewal, revocation.--

8923

(1)(a) The Fish and Wildlife Conservation Commission is

8924

authorized and empowered to issue a license or permit for the

8925

capturing, keeping, possessing, or exhibiting of venomous

8926

reptiles, upon payment of an annual fee of $100 and upon

8927

assurance that all of the provisions of ss. 379.372-379.305 and

8928

ss. 379.372-379.374 ~~372.86-372.92~~ and such other reasonable

8929

rules and regulations as the commission may prescribe will be

8930

fully complied with in all respects.

8931

(b) The Fish and Wildlife Conservation Commission is

8932

authorized and empowered to issue a license or permit for the

8933

capturing, keeping, possessing, or exhibiting of reptiles of

8934

concern upon payment of an annual fee not to exceed $100 and

8935

upon assurance that all of the provisions of ss. 379.305,

8936

379.372, 379.373, and 379.374 ~~372.86-372.92~~ and such other

8937

reasonable rules and regulations as the commission may prescribe

8938

will be fully complied with in all respects. The annual fee for

8939

issuance or renewal of a license or permit under this paragraph

8940

for reptiles of concern is initially set at $100. However, the

8941

commission may reduce that annual fee by rule if the commission

8942

determines that there is general compliance with ss. 379.305,

8943

379.372, 379.373, and 379.374 ~~372.86-372.92~~ and that such

8944

compliance allows for a reduction in fees to cover the costs of

8945

administering and enforcing the reptiles of concern program. The

8946

commission may issue a license or permit to an applicant who

8947

holds a current and valid license or permit for venomous

8948

reptiles under paragraph (a) and meets all requirements for the

8949

capturing, keeping, possessing, or exhibiting of reptiles of

8950

concern, but shall not require payment of an additional annual

8951

fee.

8952

(2) Such permits or licenses may be revoked by the

8953

commission upon violation of any of the provisions of ss.

8954

379.305, 379.372, 379.373, and 379.374 ~~372.86-372.92~~ or upon

8955

violation of any of the rules and regulations prescribed by the

8956

commission relating to the capturing, keeping, possessing, and

8957

exhibiting of any venomous reptiles or reptiles of concern. Such

8958

permits or licenses shall be for an annual period to be

8959

prescribed by the commission and shall be renewable upon the

8960

payment of said fee and shall be subject to the same conditions,

8961

limitations, and restrictions as set forth in this section. All

8962

moneys received pursuant to this section shall be deposited into

8963

the State Game Trust Fund to be used to implement, administer,

8964

enforce, and educate the public regarding ss. 379.305, 379.372,

8965

379.373, and 379.374 ~~372.86-372.92~~.

8966

Section 159. Section 372.88, Florida Statutes, is

8967

renumbered as section 379.374, Florida Statutes, to read:

8968

379.374 ~~372.88~~ Bond required, amount.--

8969

(1) No person, party, firm, or corporation shall exhibit

8970

to the public either with or without charge or admission fee any

8971

venomous reptile without having first posted a good and

8972

sufficient bond in writing in the penal sum of $10,000 payable

8973

to the commission, conditioned that such exhibitor will

8974

indemnify and save harmless all persons from injury or damage

8975

from such venomous reptiles so exhibited and shall fully comply

8976

with all laws of the state and all rules and regulations of the

8977

commission governing the capturing, keeping, possessing, or

8978

exhibiting of venomous reptiles; provided, however, that the

8979

aggregate liability of the surety for all such injuries or

8980

damages shall, in no event, exceed the penal sum of the bond.

8981

The surety for the bond must be a surety company authorized to

8982

do business under the laws of the state or in lieu of such a

8983

surety, cash in the sum of $10,000 may be posted with the

8984

commission to ensure compliance with the conditions of the bond.

8985

(2) No person, party, firm, or corporation shall exhibit

8986

to the public either with or without charge or admission fee,

8987

any Class I wildlife, as defined in s. 379.303 ~~372.922~~ and

8988

commission rule ~~chapter 68A-6, Florida Administrative Code~~,

8989

without having first guaranteed financial responsibility, in the

8990

sum of $10,000, for any liability which may be incurred in the

8991

exhibition to the public of Class I wildlife. The commission

8992

shall adopt, by rule, the methods of payment that satisfy the

8993

financial responsibility, which may include cash, the

8994

establishment of a trust fund, an irrevocable letter of credit,

8995

casualty insurance, a corporate guarantee, or any combination

8996

thereof, in the sum of $10,000 which shall be posted with the

8997

commission. In lieu of the $10,000 financial responsibility

8998

guarantee required in this subsection, the exhibiter has the

8999

option to maintain comprehensive general liability insurance,

9000

with minimum limits of $2 million per occurrence and $2 million

9001

annual aggregate, as shall protect the exhibiter from claims for

9002

damage for personal injury, including accidental death, as well

9003

as claims for property damage which may arise. Proof of such

9004

insurance shall be submitted to the commission.

9005

Section 160. Section 372.6673, Florida Statutes, is

9006

renumbered as section 379.3751, Florida Statutes, to read:

9007

379.3751 ~~372.6673~~ Taking and possession of alligators;

9008

trapping licenses; fees.--

9009

(1)(a) No person shall take or possess any alligator or

9010

the eggs thereof without having first obtained from the

9011

commission a trapping license and paid the fee provided in this

9012

section. Such license shall be dated when issued and remain

9013

valid for 12 months after the date of issuance and shall

9014

authorize the person to whom it is issued to take or possess

9015

alligators and their eggs, and to sell, possess, and process

9016

alligators and their hides and meat, in accordance with law and

9017

commission rules. Such license shall not be transferable and

9018

shall not be valid unless it bears on its face in indelible ink

9019

the name of the person to whom it is issued. Such license shall

9020

be in the personal possession of the licensee while such person

9021

is taking alligators or their eggs or is selling, possessing, or

9022

processing alligators or their eggs, hides, or meat. The failure

9023

of the licensee to exhibit such license to the commission or its

9024

wildlife officers, when such person is found taking alligators

9025

or their eggs or is found selling, possessing, or processing

9026

alligators or their eggs, hides, or meat, shall be a violation

9027

of law.

9028

(b) In order to assure the optimal utilization of the

9029

estimated available alligator resource and to ensure adequate

9030

control of the alligator management and harvest program, the

9031

commission may by rule limit the number of participants engaged

9032

in the taking of alligators or their eggs from the wild.

9033

9034

s. s. 379.3015 or s.379.409 ~~372.663 or s. 372.664~~ or the rules

9035

of the commission relating to the illegal taking of crocodilian

9036

species shall be eligible for issuance of a license for a period

9037

of 5 years subsequent to such conviction. In the event such

9038

violation involves the unauthorized taking of an endangered

9039

crocodilian species, no license shall be issued for 10 years

9040

subsequent to the conviction.

9041

(2) The license and issuance fee, and the activity

9042

authorized thereby, shall be as follows:

9043

(a) The annual fee for issuance of a resident alligator

9044

trapping license, which permits a resident of the state to take

9045

alligators occurring in the wild other than alligator

9046

hatchlings, to possess and process alligators taken under

9047

authority of such alligator trapping license or otherwise

9048

legally acquired, and to possess, process, and sell their hides

9049

and meat, shall be $250.

9050

(b) The annual fee for issuance of a nonresident alligator

9051

trapping license, which permits a person other than a resident

9052

of the state to take alligators occurring in the wild other than

9053

alligator hatchlings, to possess and process alligators taken

9054

under authority of such alligator trapping license, and to

9055

possess, process, and sell their hides and meat, shall be

9056

$1,000.

9057

9058

agent's license, which permits a person to act as an agent of

9059

any person who has been issued a resident or nonresident

9060

alligator trapping license as provided in paragraph (a) or

9061

paragraph (b) and to take alligators occurring in the wild other

9062

than alligator hatchlings, and to possess and process alligators

9063

taken under authority of such agency relationship, shall be $50.

9064

Such alligator trapping agent's license shall be issued only in

9065

conjunction with an alligator trapping license and shall bear on

9066

its face in indelible ink the name and license number of the

9067

alligator trapping licenseholder for whom the holder of this

9068

license is acting as an agent.

9069

(d) The annual fee for issuance of an alligator farming

9070

license, which permits a person to operate a facility for

9071

captive propagation of alligators, to possess alligators for

9072

captive propagation, to take alligator hatchlings and alligator

9073

eggs occurring in the wild, to rear such alligators, alligator

9074

hatchlings, and alligator eggs in captivity, to process

9075

alligators taken or possessed under authority of such alligator

9076

farming license or otherwise legally acquired, and to sell their

9077

hides and meat, shall be $250.

9078

(e) The annual fee for issuance of an alligator farming

9079

agent's license, which permits a person to act as an agent of

9080

any person who has been issued an alligator farming license as

9081

provided in paragraph (d) and to take alligator hatchlings and

9082

alligator eggs occurring in the wild, and to possess and process

9083

alligators taken under authority of such agency relationship,

9084

shall be $50. Such license shall be issued only in conjunction

9085

with an alligator farming license, and shall bear on its face in

9086

indelible ink the name and license number of the alligator

9087

farming licenseholder for whom the holder of this license is

9088

acting as an agent.

9089

(f) The annual fee for issuance of an alligator

9090

processor's license, which permits a person to buy and process

9091

alligators lawfully taken by alligator trapping licenseholders

9092

and taken or possessed by alligator farming licenseholders and

9093

to sell alligator meat, hides, and other parts, shall be $250.

9094

(3) For the purpose of this section, "process" shall mean

9095

the possession and skinning or butchering of an alligator by

9096

someone other than the holder of the alligator trapping license,

9097

alligator trapping agent's license, alligator farming license,

9098

or alligator farming agent's license who has authorized the

9099

taking and possession of such alligator.

9100

(4) No person shall take any alligator egg occurring in

9101

the wild or possess any such egg unless such person has

9102

obtained, or is a licensed agent of another person who has

9103

obtained, an alligator egg collection permit. The alligator egg

9104

collection permit shall be required in addition to the alligator

9105

farming license provided in paragraph (2)(d). The commission is

9106

authorized to assess a fee for issuance of the alligator egg

9107

collection permit of up to $5 per egg authorized to be taken or

9108

possessed pursuant to such permit. Irrespective of whether a fee

9109

is assessed, $1 per egg collected and retained, excluding eggs

9110

collected on private wetland management areas, shall be

9111

transferred from the alligator management program to the General

9112

Inspection Trust Fund, to be administered by the Department of

9113

Agriculture and Consumer Services for the purpose of providing

9114

marketing and education services with respect to alligator

9115

products produced in this state, notwithstanding other

9116

provisions in this chapter.

9117

(5) The commission shall adopt criteria by rule to

9118

establish appropriate qualifications for alligator collectors

9119

who may receive permits pursuant to this section.

9120

Section 161. Section 372.6674, Florida Statutes, is

9121

renumbered as section 379.3752, Florida Statutes, and amended to

9122

read:

9123

379.3752 ~~372.6674~~ Required tagging of alligators and

9124

hides; fees; revenues.--The tags provided in this section shall

9125

be required in addition to any license required under s.

9126

379.3751 ~~372.6673~~.

9127

(1) No person shall take any alligator occurring in the

9128

wild or possess any such alligator unless such alligator is

9129

subsequently tagged in the manner required by commission rule.

9130

For the tag required for an alligator hatchling, the commission

9131

is authorized to assess a fee of not more than $15 for each

9132

alligator hatchling tag issued. The commission shall expend one-

9133

third of the revenue generated from the issuance of the

9134

alligator hatchling tag for alligator husbandry research.

9135

(2) The commission may require that an alligator hide

9136

validation tag (CITES tag) be affixed to the hide of any

9137

alligator taken from the wild and that such hide be possessed,

9138

purchased, sold, offered for sale, or transported in accordance

9139

with commission rule. The commission is authorized to assess a

9140

fee of up to $30 for each alligator hide validation tag issued.

9141

Irrespective of whether a fee is assessed, $5 per validated

9142

hide, excluding those validated from public hunt programs and

9143

alligator farms, shall be transferred from the alligator

9144

management program to the General Inspection Trust Fund, to be

9145

administered by the Department of Agriculture and Consumer

9146

Services for the purpose of providing marketing and education

9147

services with respect to alligator products produced in this

9148

state, notwithstanding other provisions in this chapter.

9149

(3) The number of tags available for alligators taken

9150

pursuant to a collection permit shall be limited to the number

9151

of tags determined by the commission to equal the safe yield of

9152

alligators as determined pursuant to s. 379.3013 ~~372.6678~~.

9153

Section 162. Subsections (1), (2), (3), (7) and (8) of

9154

section 372.921, Florida Statutes, are renumbered as section

9155

379.3761, Florida Statutes, and amended to read:

9156

379.3761 Exhibition or sale of wildlife; fees;

9157

classifications.--

9158

(1) In order to provide humane treatment and sanitary

9159

surroundings for wild animals kept in captivity, no person,

9160

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

9161

possession of, in captivity for the purpose of public display

9162

with or without charge or for public sale any wildlife,

9163

specifically birds, mammals, amphibians, and reptiles, whether

9164

indigenous to Florida or not, without having first secured a

9165

permit from the commission authorizing such person, firm, or

9166

corporation to have in its possession in captivity the species

9167

and number of wildlife specified within such permit; however,

9168

this section does not apply to any wildlife not protected by law

9169

and the rules of the commission.

9170

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

9171

required by subsection (1) shall be as follows:

9172

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

9173

specimens in the aggregate of all species, the sum of $150 per

9174

annum.

9175

(b) For over 25 Class I or Class II individual specimens

9176

in the aggregate of all species, the sum of $250 per annum.

9177

9178

the aggregate of all species, the sum of $50 per annum.

9179

9180

The fees prescribed by this subsection shall be submitted to the

9181

commission with the application for permit required by

9182

subsection (1) and shall be deposited in the State Game Trust

9183

Fund.

9184

(3) An applicant for a permit shall be required to include

9185

in her or his application a statement showing the place, number,

9186

and species of wildlife to be held in captivity by the applicant

9187

and shall be required upon request by the Fish and Wildlife

9188

Conservation Commission to show when, where, and in what manner

9189

she or he came into possession of any wildlife acquired

9190

subsequent to the effective date of this act. The source of

9191

acquisition of such wildlife shall not be divulged by the

9192

commission except in connection with a violation of this section

9193

or a regulation of the commission in which information as to

9194

source of wildlife is required as evidence in the prosecution of

9195

such violation.

9196

(4) ~~(7)~~ The provisions of this section relative to

9197

licensing do not apply to any municipal, county, state, or other

9198

publicly owned wildlife exhibit. The provisions of this section

9199

do not apply to any traveling zoo, circus, or exhibit licensed

9200

as provided by chapter 205.

9201

(5) ~~(8)~~ This section shall not apply to the possession,

9202

control, care, and maintenance of ostriches, emus, rheas, and

9203

bison domesticated and confined for commercial farming purposes,

9204

except those kept and maintained on hunting preserves or game

9205

farms or primarily for exhibition purposes in zoos, carnivals,

9206

circuses, and other such establishments where such species are

9207

kept primarily for display to the public.

9208

Section 163. Subsections (1),(2),(5),(6), and (7) of

9209

section 372.922, Florida Statutes, are renumbered as section

9210

379.3762, Florida Statutes, and amended to read:

9211

379.3762 ~~372.922~~ Personal possession of wildlife.--

9212

(1) It is unlawful for any person or persons to possess

9213

any wildlife as defined in this act, whether indigenous to

9214

Florida or not, until she or he has obtained a permit as

9215

provided by this section from the Fish and Wildlife Conservation

9216

Commission.

9217

(2) The classifications of types of wildlife and fees to

9218

be paid for permits for the personal possession of wildlife

9219

shall be as follows:

9220

(a) Class I--Wildlife which, because of its nature,

9221

habits, or status, shall not be possessed as a personal pet.

9222

(b) Class II--Wildlife considered to present a real or

9223

potential threat to human safety, the sum of $140 per annum.

9224

9225

or Class II, for which a no-cost permit must be obtained from

9226

the commission.

9227

(3)~~(5)~~ Any person, firm, corporation, or association

9228

exhibiting or selling wildlife and being duly permitted as

9229

provided by s. 379.304 ~~372.921~~ shall be exempt from the fee

9230

requirement to receive a permit under this section.

9231

(4)~~(6)~~ This section shall not apply to the possession,

9232

control, care, and maintenance of ostriches, emus, rheas, and

9233

bison domesticated and confined for commercial farming purposes,

9234

except those kept and maintained on hunting preserves or game

9235

farms or primarily for exhibition purposes in zoos, carnivals,

9236

circuses, and other such establishments where such species are

9237

kept primarily for display to the public.

9238

(5)~~(7)~~ Persons in violation of this section shall be

9239

punishable as provided in s. 379.401 ~~372.83~~.

9240

Section 164. Section 372.653, Florida Statutes, is

9241

renumbered as section 379.377, Florida Statutes, and amended to

9242

read:

9243

379.377 ~~372.653~~ Tag fees for sale of Lake Okeechobee game

9244

fish ~~Required tagging of fish; lakes in excess of 500 square~~

9245

~~miles; tag fee; game fish taken in lakes of 500 square miles or~~

9246

~~less~~.--The commission is authorized to assess a fee of not more

9247

than 5 cents per tag, payable at the time of delivery of the

9248

tag, for the purpose of allowing the sale of game fish taken

9249

commercially from Lake Okeechobee, as may be allowed by the

9250

commission.

9251

~~(1)(a) No game fish taken from, or caught in, a lake in~~

9252

~~this state the area of which is in excess of 500 square miles~~

9253

~~shall be sold for consumption in this state unless it is tagged~~

9254

~~in the manner required by the Fish and Wildlife Conservation~~

9255

~~Commission. Bass or pickerel taken by any method other than hook~~

9256

~~and line shall be returned immediately to the water. Trawls and~~

9257

~~haul seines shall not be operated within 1 mile of rooted~~

9258

~~aquatic vegetation.~~

9259

~~(b) In order that such program of tagging be self-~~

9260

~~sufficient, the Fish and Wildlife Conservation Commission is~~

9261

~~authorized to assess a fee of not more than 5 cents per tag,~~

9262

~~payable at the time of delivery of the tag.~~

9263

~~(2) No freshwater game fish shall be taken from a lake in~~

9264

~~this state the area of which is 500 square miles or less other~~

9265

~~than with pole and line; rod and reel; or plug, bob, spinner,~~

9266

~~spoon, or other artificial bait or lure.~~

9267

~~(3) No freshwater game fish taken from a lake in this~~

9268

~~state the area of which is 500 square miles or less shall be~~

9269

~~offered for sale or sold.~~

9270

Section 165. Part VIII of chapter 379, Florida Statutes,

9271

consisting of sections 379.401, 379.4015, 379.402, 379.403,

9272

379.404, 379.405, 379.406, 379.407, 379.408, 379.409, 379.411,

9273

379.4115, 379.412, 379.413, and 379.414, is created to read:

9274

PART VIII

9275

PENALTIES

9276

9277

Section 166. Section 372.83, Florida Statutes, is

9278

renumbered as section 379.401, Florida Statutes, and amended to

9279

read:

9280

379.401 ~~372.83~~ Penalties and violations; civil penalties

9281

for noncriminal infractions; criminal penalties; suspension and

9282

forfeiture of licenses and permits.--

9283

(1)(a) LEVEL ONE VIOLATIONS.--A person commits a Level One

9284

violation if he or she violates any of the following provisions:

9285

1. Rules or orders of the commission relating to the

9286

filing of reports or other documents required to be filed by

9287

persons who hold recreational licenses and permits issued by the

9288

commission.

9289

2. Rules or orders of the commission relating to quota

9290

hunt permits, daily use permits, hunting zone assignments,

9291

camping, alcoholic beverages, vehicles, and check stations

9292

within wildlife management areas or other areas managed by the

9293

commission.

9294

3. Rules or orders of the commission relating to daily use

9295

permits, alcoholic beverages, swimming, possession of firearms,

9296

operation of vehicles, and watercraft speed within fish

9297

management areas managed by the commission.

9298

4. Rules or orders of the commission relating to vessel

9299

size or specifying motor restrictions on specified water bodies.

9300

5. Section 379.355 ~~370.063~~, providing for special

9301

recreational spiny lobster licenses.

9302

6. Section 379.354(1)-(15) ~~372.57(1)-(15)~~, providing for

9303

recreational licenses to hunt, fish, and trap.

9304

7. Section 379.3581 ~~372.5717~~, providing hunter safety

9305

course requirements.

9306

8. Section 379.3003 ~~372.988~~, prohibiting deer hunting

9307

unless required clothing is worn.

9308

(b) A person who commits a Level One violation commits a

9309

noncriminal infraction and shall be cited to appear before the

9310

county court.

9311

9312

violation involving the license and permit requirements of s.

9313

379.354 ~~372.57~~ is $50 plus the cost of the license or permit,

9314

unless subparagraph 2. applies.

9315

2. The civil penalty for committing a Level One violation

9316

involving the license and permit requirements of s. 379.354

9317

~~372.57~~ is $100 plus the cost of the license or permit if the

9318

person cited has previously committed the same Level One

9319

violation within the preceding 36 months.

9320

(d)1. The civil penalty for any other Level One violation

9321

is $50 unless subparagraph 2. applies.

9322

2. The civil penalty for any other Level One violation is

9323

$100 if the person cited has previously committed the same Level

9324

One violation within the preceding 36 months.

9325

(e) A person cited for a Level One violation shall sign

9326

and accept a citation to appear before the county court. The

9327

issuing officer may indicate on the citation the time and

9328

location of the scheduled hearing and shall indicate the

9329

applicable civil penalty.

9330

(f) A person cited for a Level One violation may pay the

9331

civil penalty by mail or in person within 30 days after receipt

9332

of the citation. If the civil penalty is paid, the person shall

9333

be deemed to have admitted committing the Level One violation

9334

and to have waived his or her right to a hearing before the

9335

county court. Such admission may not be used as evidence in any

9336

other proceedings except to determine the appropriate fine for

9337

any subsequent violations.

9338

(g) A person who refuses to accept a citation, who fails

9339

to pay the civil penalty for a Level One violation, or who fails

9340

to appear before a county court as required commits a

9341

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

9342

775.082 or s. 775.083.

9343

(h) A person who elects to appear before the county court

9344

or who is required to appear before the county court shall be

9345

deemed to have waived the limitations on civil penalties

9346

provided under paragraphs (c) and (d). After a hearing, the

9347

county court shall determine if a Level One violation has been

9348

committed, and if so, may impose a civil penalty of not less

9349

than $50 for a first-time violation, and not more than $500 for

9350

subsequent violations. A person found guilty of committing a

9351

Level One violation may appeal that finding to the circuit

9352

court. The commission of a violation must be proved beyond a

9353

reasonable doubt.

9354

(i) A person cited for violating the requirements of s.

9355

379.354 ~~372.57~~ relating to personal possession of a license or

9356

permit may not be convicted if, prior to or at the time of a

9357

county court hearing, the person produces the required license

9358

or permit for verification by the hearing officer or the court

9359

clerk. The license or permit must have been valid at the time

9360

the person was cited. The clerk or hearing officer may assess a

9361

$5 fee for costs under this paragraph.

9362

(2)(a) LEVEL TWO VIOLATIONS.--A person commits a Level Two

9363

violation if he or she violates any of the following provisions:

9364

1. Rules or orders of the commission relating to seasons

9365

or time periods for the taking of wildlife, freshwater fish, or

9366

saltwater fish.

9367

2. Rules or orders of the commission establishing bag,

9368

possession, or size limits or restricting methods of taking

9369

wildlife, freshwater fish, or saltwater fish.

9370

3. Rules or orders of the commission prohibiting access or

9371

otherwise relating to access to wildlife management areas or

9372

other areas managed by the commission.

9373

4. Rules or orders of the commission relating to the

9374

feeding of wildlife, freshwater fish, or saltwater fish.

9375

5. Rules or orders of the commission relating to landing

9376

requirements for freshwater fish or saltwater fish.

9377

6. Rules or orders of the commission relating to

9378

restricted hunting areas, critical wildlife areas, or bird

9379

sanctuaries.

9380

7. Rules or orders of the commission relating to tagging

9381

requirements for game and fur-bearing animals.

9382

8. Rules or orders of the commission relating to the use

9383

of dogs for the taking of game.

9384

9. Rules or orders of the commission which are not

9385

otherwise classified.

9386

10. Rules or orders of the commission prohibiting the

9387

unlawful use of finfish traps.

9388

11. ~~10.~~ All prohibitions in chapter 370 which are not

9389

otherwise classified.

9390

12. ~~11.~~ Section 379.33 ~~370.028~~, prohibiting the violation

9391

of or noncompliance with commission rules.

9392

13. ~~12.~~ Section 379.407(6) ~~370.021(6)~~ prohibiting the

9393

sale, purchase, harvest, or attempted harvest of any saltwater

9394

product with intent to sell.

9395

14. ~~13.~~ Section 379.2421 ~~370.08~~, prohibiting the

9396

obstruction of waterways with net gear.

9397

~~14. Section 370.1105, prohibiting the unlawful use of~~

9398

~~finfish traps.~~

9399

15. Section 379.413 ~~370.1121~~, prohibiting the unlawful

9400

taking of bonefish.

9401

16. Section 379.365(2)(a) and (b) ~~370.13(2)(a) and (b)~~,

9402

prohibiting the possession or use of stone crab traps without

9403

trap tags and theft of trap contents or gear.

9404

17. Section 379.366 (4)(b) ~~370.135(4)(b)~~, prohibiting the

9405

theft of blue crab trap contents or trap gear.

9406

18. Section 379.3671(2)(c) ~~370.142 (2)(c)~~, prohibiting the

9407

possession or use of spiny lobster traps without trap tags or

9408

certificates and theft of trap contents or trap gear.

9409

19. Section 379.357 ~~372.5704~~, prohibiting the possession

9410

of tarpon without purchasing a tarpon tag.

9411

20. Section 379.409 ~~372.667~~, prohibiting the feeding or

9412

enticement of alligators or crocodiles.

9413

21. Section 379.105 ~~372.705~~, prohibiting the intentional

9414

harassment of hunters, fishers, or trappers.

9415

(b)1. A person who commits a Level Two violation but who

9416

has not been convicted of a Level Two or higher violation within

9417

the past 3 years commits a misdemeanor of the second degree,

9418

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

9419

2. Unless the stricter penalties in subparagraph 3. or

9420

subparagraph 4. apply, a person who commits a Level Two

9421

violation within 3 years after a previous conviction for a Level

9422

Two or higher violation commits a misdemeanor of the first

9423

degree, punishable as provided in s. 775.082 or s. 775.083, with

9424

a minimum mandatory fine of $250.

9425

3. Unless the stricter penalties in subparagraph 4. apply,

9426

a person who commits a Level Two violation within 5 years after

9427

two previous convictions for a Level Two or higher violation,

9428

commits a misdemeanor of the first degree, punishable as

9429

provided in s. 775.082 or s. 775.083, with a minimum mandatory

9430

fine of $500 and a suspension of any recreational license or

9431

permit issued under s. 379.354 ~~372.57~~ for 1 year. Such

9432

suspension shall include the suspension of the privilege to

9433

obtain such license or permit and the suspension of the ability

9434

to exercise any privilege granted under any exemption in s.

9435

379.353 ~~372.562~~.

9436

4. A person who commits a Level Two violation within 10

9437

years after three previous convictions for a Level Two or higher

9438

violation commits a misdemeanor of the first degree, punishable

9439

as provided in s. 775.082 or s. 775.083, with a minimum

9440

mandatory fine of $750 and a suspension of any recreational

9441

license or permit issued under s. 379.354 ~~372.57~~ for 3 years.

9442

Such suspension shall include the suspension of the privilege to

9443

obtain such license or permit and the suspension of the ability

9444

to exercise any privilege granted under s. 379.353 ~~372.562~~. If

9445

the recreational license or permit being suspended was an annual

9446

license or permit, any privileges under ss. 379.353 and 379.354

9447

~~372.562 and 372.57~~ may not be acquired for a 3-year period

9448

following the date of the violation.

9449

(3)(a) LEVEL THREE VIOLATIONS.--A person commits a Level

9450

Three violation if he or she violates any of the following

9451

provisions:

9452

1. Rules or orders of the commission prohibiting the sale

9453

of saltwater fish.

9454

2. Rules or orders of the commission prohibiting the

9455

illegal importation or possession of exotic marine plants or

9456

animals.

9457

3. 2. Section 379.407(2) ~~370.021(2)~~, establishing major

9458

violations.

9459

4. 3. Section 379.407(4) ~~370.021(4)~~, prohibiting the

9460

possession of certain finfish in excess of recreational daily

9461

bag limits.

9462

~~4. Section 370.081, prohibiting the illegal importation or~~

9463

~~possession of exotic marine plants or animals.~~

9464

5. Section 379.28 ~~372.26~~, prohibiting the importation of

9465

freshwater fish.

9466

6. Section 379.231 ~~372.265~~, prohibiting the importation of

9467

nonindigenous species of the animal kingdom without a permit

9468

issued by the commission.

9469

7. Section 379.354(17) ~~372.57(17)~~, prohibiting the taking

9470

of game, freshwater fish, or saltwater fish while a required

9471

license is suspended or revoked.

9472

8. Section 379.3014 ~~372.662~~, prohibiting the illegal sale

9473

or possession of alligators.

9474

9. Section 379.404(1), (3), and (6) ~~372.99(1), (3), and~~

9475

~~(6)~~, prohibiting the illegal taking and possession of deer and

9476

wild turkey.

9477

10. Section 379.406 ~~372.9903~~, prohibiting the possession

9478

and transportation of commercial quantities of freshwater game

9479

fish.

9480

(b)1. A person who commits a Level Three violation but who

9481

has not been convicted of a Level Three or higher violation

9482

within the past 10 years commits a misdemeanor of the first

9483

degree, punishable as provided in s. 775.082 or s. 775.083.

9484

2. A person who commits a Level Three violation within 10

9485

years after a previous conviction for a Level Three or higher

9486

violation commits a misdemeanor of the first degree, punishable

9487

as provided in s. 775.082 or s. 775.083, with a minimum

9488

mandatory fine of $750 and a suspension of any recreational

9489

license or permit issued under s. 379.354 ~~372.57~~ for the

9490

remainder of the period for which the license or permit was

9491

issued up to 3 years. Such suspension shall include the

9492

suspension of the privilege to obtain such license or permit and

9493

the ability to exercise any privilege granted under s. 379.353

9494

~~372.562~~. If the recreational license or permit being suspended

9495

was an annual license or permit, any privileges under ss.

9496

379.353 and 379.354 ~~372.562 and 372.57~~ may not be acquired for a

9497

3-year period following the date of the violation.

9498

3. A person who commits a violation of s. 379.354(17)

9499

~~372.57(17)~~ shall receive a mandatory fine of $1,000. Any

9500

privileges under ss. 379.353 and 379.354 ~~372.562 and 372.57~~ may

9501

not be acquired for a 5-year period following the date of the

9502

violation.

9503

(4)(a) LEVEL FOUR VIOLATIONS.--A person commits a Level

9504

Four violation if he or she violates any of the following

9505

provisions:

9506

1. Section 379.365(2)(c) ~~370.13(2)(c)~~, prohibiting

9507

criminal activities relating to the taking of stone crabs.

9508

2. Section 379.366(4)(c) ~~370.135(4)(c)~~, prohibiting

9509

criminal activities relating to the taking and harvesting of

9510

blue crabs.

9511

3. Section 379.367(4) ~~370.14(4)~~, prohibiting the willful

9512

molestation of spiny lobster gear.

9513

4. Section 379.3671(2)(c)5. ~~370.142(2)(c)5.~~, prohibiting

9514

the unlawful reproduction, possession, sale, trade, or barter of

9515

spiny lobster trap tags or certificates.

9516

5. Section 379.354(16) ~~372.57(16)~~, prohibiting the making,

9517

forging, counterfeiting, or reproduction of a recreational

9518

license or possession of same without authorization from the

9519

commission.

9520

6. Section 379.404(5) ~~372.99(5)~~, prohibiting the sale of

9521

illegally-taken deer or wild turkey.

9522

7. Section 379.405 ~~372.99022~~, prohibiting the molestation

9523

or theft of freshwater fishing gear.

9524

(b) A person who commits a Level Four violation commits a

9525

felony of the third degree, punishable as provided in s. 775.082

9526

or s. 775.083.

9527

(5) VIOLATIONS OF CHAPTER.--Except as provided in this

9528

chapter:

9529

(a) A person who commits a violation of any provision of

9530

this chapter commits, for the first offense, a misdemeanor of

9531

the second degree, punishable as provided in s. 775.082 or s.

9532

775.083.

9533

(b) A person who is convicted of a second or subsequent

9534

violation of any provision of this chapter commits a misdemeanor

9535

of the first degree, punishable as provided in s. 775.082 or s.

9536

775.083.

9537

(6) SUSPENSION OR FORFEITURE OF LICENSE.--The court may

9538

order the suspension or forfeiture of any license or permit

9539

issued under this chapter to a person who is found guilty of

9540

committing a violation of this chapter.

9541

(7) CONVICTION DEFINED.--As used in this section, the term

9542

"conviction" means any judicial disposition other than acquittal

9543

or dismissal.

9544

Section 167. Section 372.935, Florida Statutes, is

9545

renumbered as section 379.4015, Florida Statutes, and amended to

9546

read:

9547

379.4015 ~~372.935~~ Captive wildlife penalties.--

9548

(1) LEVEL ONE.--Unless otherwise provided by law, the

9549

following classifications and penalties apply:

9550

(a) A person commits a Level One violation if he or she

9551

violates any of the following provisions:

9552

1. Rules or orders of the commission requiring free

9553

permits or other authorizations to possess captive wildlife.

9554

2. Rules or orders of the commission relating to the

9555

filing of reports or other documents required of persons who are

9556

licensed to possess captive wildlife.

9557

3. Rules or orders of the commission requiring permits to

9558

possess captive wildlife for which a fee is charged, when the

9559

person being charged was issued the permit and the permit has

9560

expired less than 1 year prior to the violation.

9561

(b) Any person cited for committing any offense classified

9562

as a Level One violation commits a noncriminal infraction,

9563

punishable as provided in this section.

9564

9565

infraction specified in paragraph (a) shall be cited to appear

9566

before the county court. The civil penalty for any noncriminal

9567

infraction is $50 if the person cited has not previously been

9568

found guilty of a Level One violation and $250 if the person

9569

cited has previously been found guilty of a Level One violation,

9570

except as otherwise provided in this subsection. Any person

9571

cited for failing to have a required permit or license shall pay

9572

an additional civil penalty in the amount of the license fee

9573

required.

9574

(d) Any person cited for an infraction under this

9575

subsection may:

9576

1. Post a bond, which shall be equal in amount to the

9577

applicable civil penalty; or

9578

2. Sign and accept a citation indicating a promise to

9579

appear before the county court. The officer may indicate on the

9580

citation the time and location of the scheduled hearing and

9581

shall indicate the applicable civil penalty.

9582

(e) Any person charged with a noncriminal infraction under

9583

this subsection may:

9584

1. Pay the civil penalty, either by mail or in person,

9585

within 30 days after the date of receiving the citation; or

9586

2. If the person has posted bond, forfeit bond by not

9587

appearing at the designated time and location.

9588

(f) If the person cited follows either of the procedures

9589

in subparagraph (e)1. or subparagraph (e)2., he or she shall be

9590

deemed to have admitted the infraction and to have waived his or

9591

her right to a hearing on the issue of commission of the

9592

infraction. Such admission shall not be used as evidence in any

9593

other proceedings except to determine the appropriate fine for

9594

any subsequent violations.

9595

(g) Any person who willfully refuses to post bond or

9596

accept and sign a summons commits a misdemeanor of the second

9597

degree, punishable as provided in s. 775.082 or s. 775.083. Any

9598

person who fails to pay the civil penalty specified in this

9599

subsection within 30 days after being cited for a noncriminal

9600

infraction or to appear before the court pursuant to this

9601

subsection commits a misdemeanor of the second degree,

9602

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

9603

(h) Any person electing to appear before the county court

9604

or who is required to appear shall be deemed to have waived the

9605

limitations on the civil penalty specified in paragraph (c). The

9606

court, after a hearing, shall make a determination as to whether

9607

an infraction has been committed. If the commission of an

9608

infraction has been proven, the court may impose a civil penalty

9609

not less than those amounts in paragraph (c) and not to exceed

9610

$500.

9611

(i) At a hearing under this chapter, the commission of a

9612

charged infraction must be proved beyond a reasonable doubt.

9613

(j) If a person is found by the hearing official to have

9614

committed an infraction, she or he may appeal that finding to

9615

the circuit court.

9616

(2) LEVEL TWO.--Unless otherwise provided by law, the

9617

following classifications and penalties apply:

9618

(a) A person commits a Level Two violation if he or she

9619

violates any of the following provisions:

9620

1. Unless otherwise stated in subsection (1), rules or

9621

orders of the commission that require a person to pay a fee to

9622

obtain a permit to possess captive wildlife or that require the

9623

maintenance of records relating to captive wildlife.

9624

2. Rules or orders of the commission relating to captive

9625

wildlife not specified in subsection (1) or subsection (3).

9626

3. Rules or orders of the commission that require housing

9627

of wildlife in a safe manner when a violation results in an

9628

escape of wildlife other than Class I wildlife.

9629

4. Section 379.372 ~~372.86~~, relating to capturing, keeping,

9630

possessing, transporting, or exhibiting venomous reptiles or

9631

reptiles of concern.

9632

5. Section 379.373 ~~372.87~~, relating to requiring a license

9633

or permit for the capturing, keeping, possessing, or exhibiting

9634

of venomous reptiles or reptiles of concern.

9635

6. Section 379.374 ~~372.88~~, relating to bonding

9636

requirements for public exhibits of venomous reptiles.

9637

7. Section 379.305 ~~372.92~~, relating to commission rules

9638

and regulations to prevent the escape of venomous reptiles or

9639

reptiles of concern.

9640

8. Section 379.304 ~~372.921~~, relating to exhibition or sale

9641

of wildlife.

9642

9. Section 379.3762 ~~372.922~~, relating to personal

9643

possession of wildlife.

9644

(b) A person who commits any offense classified as a Level

9645

Two violation and who has not been convicted of a Level Two or

9646

higher violation within the past 3 years commits a misdemeanor

9647

of the second degree, punishable as provided in s. 775.082 or s.

9648

775.083.

9649

9650

who commits any offense classified as a Level Two violation

9651

within a 3-year period of any previous conviction of a Level Two

9652

or higher violation commits a misdemeanor of the first degree,

9653

punishable as provided in s. 775.082 or s. 775.083 with a

9654

minimum mandatory fine of $250.

9655

(d) Unless otherwise stated in this subsection, a person

9656

who commits any offense classified as a Level Two violation

9657

within a 5-year period of any two previous convictions of Level

9658

Two or higher violations commits a misdemeanor of the first

9659

degree, punishable as provided in s. 775.082 or s. 775.083, with

9660

a minimum mandatory fine of $500 and a suspension of all

9661

licenses issued under this chapter related to captive wildlife

9662

for 1 year.

9663

(e) A person who commits any offense classified as a Level

9664

Two violation within a 10-year period of any three previous

9665

convictions of Level Two or higher violations commits a

9666

misdemeanor of the first degree, punishable as provided in s.

9667

775.082 or s. 775.083, with a minimum mandatory fine of $750 and

9668

a suspension of all licenses issued under this chapter related

9669

to captive wildlife for 3 years.

9670

(3) LEVEL THREE.--Unless otherwise provided by law, the

9671

following classifications and penalties apply:

9672

(a) A person commits a Level Three violation if he or she

9673

violates any of the following provisions:

9674

1. Rules or orders of the commission that require housing

9675

of wildlife in a safe manner when a violation results in an

9676

escape of Class I wildlife.

9677

2. Rules or orders of the commission related to captive

9678

wildlife when the violation results in serious bodily injury to

9679

another person by captive wildlife that consists of a physical

9680

condition that creates a substantial risk of death, serious

9681

personal disfigurement, or protracted loss or impairment of the

9682

function of any bodily member or organ.

9683

3. Rules or orders of the commission relating to the use

9684

of gasoline or other chemical or gaseous substances on wildlife.

9685

4. Rules or orders of the commission prohibiting the

9686

release of wildlife for which only conditional possession is

9687

allowed.

9688

5. Rules or orders of the commission prohibiting knowingly

9689

entering false information on an application for a license or

9690

permit when the license or permit is to possess wildlife in

9691

captivity.

9692

6. Rules or orders of the commission, relating to the

9693

illegal importation and possession of nonindigenous marine

9694

plants and animals.

9695

7. Rules or orders of the commission relating to the

9696

importation, possession, or release of fish and wildlife for

9697

which possession is prohibited.

9698

8. 6. Section 379.231 ~~372.265~~, relating to illegal

9699

importation or introduction of foreign wildlife.

9700

~~7. Section 370.081, relating to the illegal importation~~

9701

~~and possession of nonindigenous marine plants and animals.~~

9702

9. 8. Section 379.305 ~~372.92~~, relating to release or

9703

escape of nonnative venomous reptiles or reptiles of concern.

9704

~~9. Rules or orders of the commission relating to the~~

9705

~~importation, possession, or release of fish and wildlife for~~

9706

~~which possession is prohibited.~~

9707

(b)1. A person who commits any offense classified as a

9708

Level Three violation and who has not been convicted of a Level

9709

Three or higher violation within the past 10 years commits a

9710

misdemeanor of the first degree, punishable as provided in s.

9711

775.082 or s. 775.083.

9712

2. A person who commits any offense classified as a Level

9713

Three violation within a 10-year period of any previous

9714

conviction of a Level Three or higher violation commits a

9715

misdemeanor of the first degree, punishable as provided in s.

9716

775.082 or s. 775.083, with a minimum mandatory fine of $750 and

9717

permanent revocation of all licenses or permits to possess

9718

captive wildlife issued under this chapter.

9719

(4) LEVEL FOUR.--Unless otherwise provided by law, the

9720

following classifications and penalties apply:

9721

(a) A person commits a Level Four violation if he or she

9722

violates any Level Three provision after the permanent

9723

revocation of a license or permit.

9724

(b) A person who commits any offense classified as a Level

9725

Four violation commits a felony of the third degree, punishable

9726

as provided in s. 775.082 or s. 775.083.

9727

(5) SUSPENSION OR REVOCATION OF LICENSE.--The court may

9728

order the suspension or revocation of any license or permit

9729

issued to a person to possess captive wildlife pursuant to this

9730

chapter if that person commits a criminal offense or a

9731

noncriminal infraction as specified under this section.

9732

(6) CONVICTION DEFINED.--For purposes of this section, the

9733

term "conviction" means any judicial disposition other than

9734

acquittal or dismissal.

9735

(7) COMMISSION LIMITATIONS.--Nothing in this section shall

9736

limit the commission from suspending or revoking any license to

9737

possess wildlife in captivity by administrative action in

9738

accordance with chapter 120. For purposes of administrative

9739

action, a conviction of a criminal offense shall mean any

9740

judicial disposition other than acquittal or dismissal.

9741

Section 168. Section 370.1107, Florida Statutes, is

9742

renumbered as section 379.402, Florida Statutes, to read:

9743

379.402 ~~370.1107~~ Definition; possession of certain

9744

licensed traps prohibited; penalties; exceptions; consent.--

9745

(1) As used in this section, the term "licensed saltwater

9746

fisheries trap" means any trap required to be licensed by the

9747

Fish and Wildlife Conservation Commission and authorized by the

9748

commission for the taking of saltwater products.

9749

(2) It is unlawful for any person, firm, corporation, or

9750

association to be in actual or constructive possession of a

9751

licensed saltwater fisheries trap registered with the Fish and

9752

Wildlife Conservation Commission in another person's, firm's,

9753

corporation's, or association's name.

9754

(a) Unlawful possession of less than three licensed

9755

saltwater fisheries traps is a misdemeanor of the first degree,

9756

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

9757

(b) Unlawful possession of three or more licensed

9758

saltwater fisheries traps is a felony of the third degree,

9759

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

9760

9761

dismissal or acquittal on a charge of violating this section or

9762

any provision of law or rule making unlawful the possession of

9763

another's saltwater fishing trap, a person shall permanently

9764

lose all saltwater fishing privileges, including licenses, trap

9765

certificates, and the ability to transfer trap certificates.

9766

(3) It is unlawful for any person, firm, corporation, or

9767

association to possess, attempt to possess, interfere with,

9768

attempt to interfere with, or remove live bait from a live bait

9769

trap or cage of another person, firm, corporation, or

9770

association. Unlawful possession of one or more live bait traps

9771

or cages is a misdemeanor of the first degree, punishable as

9772

provided in s. 775.082 or s. 775.083.

9773

(4) This section shall not apply to the agents or

9774

employees of the registered owner of the licensed saltwater

9775

fisheries trap or to a person, firm, corporation, or association

9776

who has the written consent from the owner of the licensed

9777

saltwater fisheries trap, to possess such licensed saltwater

9778

fisheries trap, or to agents or employees of the Fish and

9779

Wildlife Conservation Commission who are engaged in the removal

9780

of traps during the closed season.

9781

(5) The registered owner of the licensed saltwater

9782

fisheries trap shall provide the Fish and Wildlife Conservation

9783

Commission with the names of any agents, employees, or any other

9784

person, firm, company, or association to whom the registered

9785

owner has given consent to possess said licensed saltwater

9786

fisheries trap.

9787

Section 169. Section 372.7015, Florida Statutes, is

9788

renumbered as section 379.403, Florida Statutes, and amended to

9789

read:

9790

379.403 ~~372.7015~~ Illegal killing, taking, possessing, or

9791

selling wildlife or game; fines; disposition of fines.--In

9792

addition to any other penalty provided by law, any person who

9793

violates the criminal provisions of this chapter and rules

9794

adopted pursuant to this chapter by illegally killing, taking,

9795

possessing, or selling game or fur-bearing animals as defined in

9796

s. 379.101 (19) or (20) ~~372.001(10) or (11)~~ in or out of season

9797

while violating chapter 810 shall pay a fine of $250 for each

9798

such violation, plus court costs and any restitution ordered by

9799

the court. All fines collected under this section shall be

9800

remitted by the clerk of the court to the Department of Revenue

9801

to be deposited into the Fish and Wildlife Conservation

9802

Commission's State Game Trust Fund.

9803

Section 170. Section 372.99, Florida Statutes, is

9804

renumbered as section 379.404, Florida Statutes, and amended to

9805

read:

9806

379.404 ~~372.99~~ Illegal taking and possession of deer and

9807

wild turkey; evidence; penalty.--

9808

(1) Whoever takes or kills any deer or wild turkey, or

9809

possesses a freshly killed deer or wild turkey, during the

9810

closed season prescribed by law or by the rules and regulations

9811

of the Fish and Wildlife Conservation Commission, or whoever

9812

takes or attempts to take any deer or wild turkey by the use of

9813

gun and light in or out of closed season, commits a Level Three

9814

violation under s. 379.401 ~~372.83~~ and shall forfeit any license

9815

or permit issued to her or him under the provisions of this

9816

chapter. No license shall be issued to such person for a period

9817

of 3 years following any such violation on the first offense.

9818

Any person guilty of a second or subsequent violation shall be

9819

permanently ineligible for issuance of a license or permit

9820

thereafter.

9821

(2) The display or use of a light in a place where deer

9822

might be found and in a manner capable of disclosing the

9823

presence of deer, together with the possession of firearms or

9824

other weapons customarily used for the taking of deer, between 1

9825

hour after sunset and 1 hour before sunrise, shall be prima

9826

facie evidence of an intent to violate the provisions of

9827

subsection (1). This subsection does not apply to an owner or

9828

her or his employee when patrolling or inspecting the land of

9829

the owner, provided the employee has satisfactory proof of

9830

employment on her or his person.

9831

(3) Whoever takes or kills any doe deer; fawn or baby

9832

deer; or deer, whether male or female, which does not have one

9833

or more antlers at least 5 inches in length, except as provided

9834

by law or the rules of the Fish and Wildlife Conservation

9835

Commission, during the open season prescribed by the rules of

9836

the commission, commits a Level Three violation under s. 379.401

9837

~~372.83~~ and may be required to forfeit any license or permit

9838

issued to such person for a period of 3 years following any such

9839

violation on the first offense. Any person guilty of a second or

9840

subsequent violation shall be permanently ineligible for

9841

issuance of a license or permit thereafter.

9842

(4) Any person who cultivates agricultural crops may apply

9843

to the Fish and Wildlife Conservation Commission for a permit to

9844

take or kill deer on land which that person is currently

9845

cultivating. When said person can show, to the satisfaction of

9846

the Fish and Wildlife Conservation Commission, that such taking

9847

or killing of deer is justified because of damage to the

9848

person's crops caused by deer, the Fish and Wildlife

9849

Conservation Commission may issue a limited permit to the

9850

applicant to take or kill deer without being in violation of

9851

subsection (1) or subsection (3).

9852

(5) Whoever possesses for sale or sells deer or wild

9853

turkey taken in violation of this chapter or the rules and

9854

regulations of the commission commits a Level Four violation

9855

under s. 379.401 ~~372.83~~.

9856

(6) Any person who enters upon private property and shines

9857

lights upon such property, without the express permission of the

9858

owner of the property and with the intent to take deer by

9859

utilizing such shining lights, commits a Level Three violation

9860

under s. 379.401 ~~372.83~~.

9861

Section 171. Section 372.99022, Florida Statutes, is

9862

renumbered as section 379.405, Florida Statutes, and amended to

9863

read:

9864

379.405 ~~372.99022~~ Illegal molestation of or theft from

9865

freshwater fishing gear.--

9866

(1)(a) Any person, firm, or corporation that willfully

9867

molests any authorized and lawfully permitted freshwater fishing

9868

gear belonging to another without the express written consent of

9869

the owner commits a Level Four violation under s. 379.401

9870

~~372.83~~. Any written consent must be available for immediate

9871

inspection.

9872

(b) Any person, firm, or corporation that willfully

9873

removes the contents of any authorized and lawfully permitted

9874

freshwater fishing gear belonging to another without the express

9875

written consent of the owner commits a Level Four violation

9876

under s. 379.401 ~~372.83~~. Any written consent must be available

9877

for immediate inspection.

9878

9879

A person, firm, or corporation that receives a citation for a

9880

violation of this subsection is prohibited, immediately upon

9881

receipt of such citation and until adjudicated or convicted of a

9882

felony under this subsection, from transferring any

9883

endorsements.

9884

(2) Any person, firm, or corporation convicted pursuant to

9885

subsection (1) of removing the contents of freshwater fishing

9886

gear without the express written consent of the owner shall

9887

permanently lose all of his or her freshwater and saltwater

9888

fishing privileges, including his or her recreational and

9889

commercial licenses and endorsements, and shall be assessed an

9890

administrative penalty of not more than $5,000. The endorsements

9891

of such person, firm, or corporation are not transferable.

9892

(3) For purposes of this section, the term "freshwater

9893

fishing gear" means haul seines, slat baskets, wire traps, hoop

9894

nets, or pound nets, and includes the lines or buoys attached

9895

thereto.

9896

Section 172. Section 372.9903, Florida Statutes, is

9897

renumbered as section 379.406, Florida Statutes, and amended to

9898

read:

9899

379.406 ~~372.9903~~ Illegal possession or transportation of

9900

freshwater game fish in commercial quantities; penalty.--

9901

(1) Whoever possesses, moves, or transports any black

9902

bass, bream, speckled perch, or other freshwater game fish in

9903

commercial quantities in violation of law or the rules of the

9904

Fish and Wildlife Conservation Commission commits a Level Three

9905

violation under s. 379.401 ~~372.83~~.

9906

(2) For the purposes of this section "commercial

9907

quantities" shall be deemed to be a quantity of freshwater game

9908

fish of 150 or more pounds, and the possession, movement, or

9909

transportation of freshwater game fish in excess of such weight

9910

shall constitute prima facie evidence of possession or

9911

transportation for commercial purposes.

9912

Section 173. Subsections (1), (2), (3), (4), (5), (6),

9913

(11), and (12) of section 370.021, Florida Statutes, are

9914

renumbered as section 379.407, Florida Statutes, and amended to

9915

read:

9916

379.407 ~~370.021~~ Administration; rules, publications,

9917

records; penalties; injunctions.--

9918

(1) BASE PENALTIES.--Unless otherwise provided by law, any

9919

person, firm, or corporation who violates any provision of this

9920

chapter, or any rule of the Fish and Wildlife Conservation

9921

Commission relating to the conservation of marine resources,

9922

shall be punished:

9923

(a) Upon a first conviction, by imprisonment for a period

9924

of not more than 60 days or by a fine of not less than $100 nor

9925

more than $500, or by both such fine and imprisonment.

9926

(b) On a second or subsequent conviction within 12 months,

9927

by imprisonment for not more than 6 months or by a fine of not

9928

less than $250 nor more than $1,000, or by both such fine and

9929

imprisonment.

9930

9931

Upon final disposition of any alleged offense for which a

9932

citation for any violation of this chapter or the rules of the

9933

commission has been issued, the court shall, within 10 days,

9934

certify the disposition to the commission.

9935

(2) MAJOR VIOLATIONS.--In addition to the penalties

9936

provided in paragraphs (1)(a) and (b), the court shall assess

9937

additional penalties against any commercial harvester convicted

9938

of major violations as follows:

9939

(a) For a violation involving more than 100 illegal blue

9940

crabs, spiny lobster, or stone crabs, an additional penalty of

9941

$10 for each illegal blue crab, spiny lobster, stone crab, or

9942

part thereof.

9943

(b)1. For a violation involving the taking or harvesting

9944

of shrimp from a nursery or other prohibited area, or any two

9945

violations within a 12-month period involving shrimping gear,

9946

minimum size (count), or season, an additional penalty of $10

9947

for each pound of illegal shrimp or part thereof.

9948

2. For violations involving the taking of shrimp in

9949

certain closed areas:

9950

a. Any person convicted of taking shrimp in Santa Rosa

9951

Sound in violation of commission rule designating a closed area

9952

shall have his or her saltwater products license and the

9953

saltwater products license of the boat involved in the violation

9954

revoked. If the person holds such a license, he or she shall be

9955

ineligible to make application for such a license for a period

9956

of 2 years from the date of such conviction. If a person not

9957

having a license is convicted hereunder, that person and the

9958

boat involved in the violation shall not be eligible for such a

9959

license for 5 years.

9960

b. A third or subsequent violation by any person of the

9961

designated closure to shrimping in Santa Rosa Sound within a 3-

9962

year period is a felony of the third degree, punishable as

9963

provided in s. 775.082, s. 775.083, or s. 775.084.

9964

c. A second or any subsequent violation by any person for

9965

taking shrimp in a food shrimp production closed area in a

9966

portion of Monroe County designated by the commission is a

9967

felony of the third degree, punishable as provided in s. 775.082

9968

or s. 775.083.

9969

d. A third or any subsequent violation by the owner or

9970

master of any vessel engaged in food shrimp production in the

9971

Tortugas Shrimp Beds closed area designated by the commission

9972

within a 3-year period shall be a felony of the third degree,

9973

punishable as provided in ss. 775.082 and 775.083.

9974

9975

oysters from nonapproved areas or the taking or possession of

9976

unculled oysters, an additional penalty of $10 for each bushel

9977

of illegal oysters.

9978

(d) For a violation involving the taking or harvesting of

9979

clams from nonapproved areas, an additional penalty of $100 for

9980

each 500 count bag of illegal clams.

9981

(e) For a violation involving the taking, harvesting, or

9982

possession of any of the following species, which are

9983

endangered, threatened, or of special concern:

9984

1. Shortnose sturgeon (Acipenser brevirostrum);

9985

2. Atlantic sturgeon (Acipenser oxyrhynchus);

9986

3. Common snook (Centropomus undecimalis);

9987

4. Atlantic loggerhead turtle (Caretta caretta caretta);

9988

5. Atlantic green turtle (Chelonia mydas mydas);

9989

6. Leatherback turtle (Dermochelys coriacea);

9990

7. Atlantic hawksbill turtle (Eretmochelys imbricata

9991

imbracata);

9992

8. Atlantic ridley turtle (Lepidochelys kempi); or

9993

9. West Indian manatee (Trichechus manatus latirostris),

9994

9995

an additional penalty of $100 for each unit of marine life or

9996

part thereof.

9997

(f) For a second or subsequent conviction within 24 months

9998

for any violation of the same law or rule involving the taking

9999

or harvesting of more than 100 pounds of any finfish, an

10000

additional penalty of $5 for each pound of illegal finfish.

10001

(g) For any violation involving the taking, harvesting, or

10002

possession of more than 1,000 pounds of any illegal finfish, an

10003

additional penalty equivalent to the wholesale value of the

10004

illegal finfish.

10005

(h) Permits issued to any commercial harvester by the

10006

commission to take or harvest saltwater products, or any license

10007

issued pursuant to s. 379.361 ~~370.06~~ or s. 379.362 ~~370.07~~ may be

10008

suspended or revoked by the commission, pursuant to the

10009

provisions and procedures of s. 120.60, for any major violation

10010

prescribed in this subsection:

10011

1. Upon a first conviction, for up to 30 calendar days.

10012

2. Upon a second conviction which occurs within 12 months

10013

after a prior violation, for up to 90 calendar days.

10014

3. Upon a third conviction which occurs within 24 months

10015

after a prior conviction, for up to 180 calendar days.

10016

4. Upon a fourth conviction which occurs within 36 months

10017

after a prior conviction, for a period of 6 months to 3 years.

10018

(i) Upon the arrest and conviction for a major violation

10019

involving stone crabs, the licenseholder must show just cause

10020

why his or her license should not be suspended or revoked. For

10021

the purposes of this paragraph, a "major violation" means a

10022

major violation as prescribed for illegal stone crabs; any

10023

single violation involving possession of more than 25 stone

10024

crabs during the closed season or possession of 25 or more

10025

whole-bodied or egg-bearing stone crabs; any violation for trap

10026

molestation, trap robbing, or pulling traps at night; or any

10027

combination of violations in any 3-consecutive-year period

10028

wherein more than 75 illegal stone crabs in the aggregate are

10029

involved.

10030

(j) Upon the arrest and conviction for a major violation

10031

involving spiny lobster, the licenseholder must show just cause

10032

why his or her license should not be suspended or revoked. For

10033

the purposes of this paragraph, a "major violation" means a

10034

major violation as prescribed for illegal spiny lobster; any

10035

single violation involving possession of more than 25 spiny

10036

lobster during the closed season or possession of more than 25

10037

wrung spiny lobster tails or more than 25 egg-bearing or

10038

stripped spiny lobster; any violation for trap molestation, trap

10039

robbing, or pulling traps at night; or any combination of

10040

violations in any 3-consecutive-year period wherein more than 75

10041

illegal spiny lobster in the aggregate are involved.

10042

(k) Upon the arrest and conviction for a major violation

10043

involving blue crabs, the licenseholder shall show just cause

10044

why his or her saltwater products license should not be

10045

suspended or revoked. This paragraph shall not apply to an

10046

individual fishing with no more than five traps. For the

10047

purposes of this paragraph, a "major violation" means a major

10048

violation as prescribed for illegal blue crabs, any single

10049

violation wherein 50 or more illegal blue crabs are involved;

10050

any violation for trap molestation, trap robbing, or pulling

10051

traps at night; or any combination of violations in any 3-

10052

consecutive-year period wherein more than 100 illegal blue crabs

10053

in the aggregate are involved.

10054

(l) Upon the conviction for a major violation involving

10055

finfish, the licenseholder must show just cause why his or her

10056

saltwater products license should not be suspended or revoked.

10057

For the purposes of this paragraph, a major violation is

10058

prescribed for the taking and harvesting of illegal finfish, any

10059

single violation involving the possession of more than 100

10060

pounds of illegal finfish, or any combination of violations in

10061

any 3-consecutive-year period wherein more than 200 pounds of

10062

illegal finfish in the aggregate are involved.

10063

(m) For a violation involving the taking or harvesting of

10064

any marine life species, as those species are defined by rule of

10065

the commission, the harvest of which is prohibited, or the

10066

taking or harvesting of such a species out of season, or with an

10067

illegal gear or chemical, or any violation involving the

10068

possession of 25 or more individual specimens of marine life

10069

species, or any combination of violations in any 3-year period

10070

involving more than 70 such specimens in the aggregate, the

10071

suspension or revocation of the licenseholder's marine life

10072

endorsement as provided in paragraph (h).

10073

10074

The penalty provisions of this subsection apply to commercial

10075

harvesters and wholesale and retail dealers as defined in s.

10076

379.362 ~~370.07~~. Any other person who commits a major violation

10077

under this subsection commits a Level Three violation under s.

10078

379.401 ~~372.83~~. Notwithstanding the provisions of s. 948.01, no

10079

court may suspend, defer, or withhold adjudication of guilt or

10080

imposition of sentence for any major violation prescribed in

10081

this subsection. The proceeds from the penalties assessed

10082

pursuant to this subsection shall be deposited into the Marine

10083

Resources Conservation Trust Fund to be used for marine

10084

fisheries research ~~or into the commission's Federal Law~~

10085

~~Enforcement Trust Fund as provided in s. 372.107, as applicable~~.

10086

(3) PENALTIES FOR USE OF ILLEGAL NETS.--

10087

(a) It is a major violation pursuant to this section,

10088

punishable as provided in paragraph (b) for any person, firm, or

10089

corporation to be simultaneously in possession of any species of

10090

mullet in excess of the recreational daily bag limit and any

10091

gill or other entangling net as defined in s. 16(c), Art. X of

10092

the State Constitution. Simultaneous possession under this

10093

provision shall include possession of mullet and gill or other

10094

entangling nets on separate vessels or vehicles where such

10095

vessels or vehicles are operated in coordination with one

10096

another including vessels towed behind a main vessel. This

10097

subsection does not prohibit a resident of this state from

10098

transporting on land, from Alabama to this state, a commercial

10099

quantity of mullet together with a gill net if:

10100

1. The person possesses a valid commercial fishing license

10101

that is issued by the State of Alabama and that allows the

10102

person to use a gill net to legally harvest mullet in commercial

10103

quantities from Alabama waters.

10104

2. The person possesses a trip ticket issued in Alabama

10105

and filled out to match the quantity of mullet being

10106

transported, and the person is able to present such trip ticket

10107

immediately upon entering this state.

10108

3. The mullet are to be sold to a wholesale saltwater

10109

products dealer located in Escambia County or Santa Rosa County,

10110

which dealer also possesses a valid seafood dealer's license

10111

issued by the State of Alabama. The dealer's name must be

10112

clearly indicated on the trip ticket.

10113

4. The mullet being transported are totally removed from

10114

any net also being transported.

10115

(b)1. A flagrant violation of any rule or statute which

10116

implements s. 16(b), Art. X of the State Constitution shall be

10117

considered a felony of the third degree, punishable as provided

10118

in s. 775.082 or s. 775.083. For purposes of this paragraph, a

10119

flagrant violation shall be the illegal possession or use of a

10120

monofilament net or a net with a mesh area larger than 2,000

10121

square feet. A violation means any judicial disposition other

10122

than acquittal or dismissal.

10123

2. In addition to being subject to the other penalties

10124

provided in this chapter, any violation of s. 16(b), Art. X of

10125

the State Constitution, or any statute or rule of the commission

10126

which implements the gear prohibitions and restrictions

10127

specified therein shall be considered a major violation; and any

10128

person, firm, or corporation receiving any judicial disposition

10129

other than acquittal or dismissal of such violation shall be

10130

subject to the following additional penalties:

10131

a. For a first major violation within a 7-year period, a

10132

civil penalty of $2,500 and suspension of all saltwater products

10133

license privileges for 90 calendar days following final

10134

disposition shall be imposed.

10135

b. For a second major violation under this subparagraph

10136

charged within 7 years of a previous judicial disposition, which

10137

results in a second judicial disposition other than acquittal or

10138

dismissal, a civil penalty of $5,000 and suspension of all

10139

saltwater products license privileges for 12 months shall be

10140

imposed.

10141

c. For a third or subsequent major violation under this

10142

subparagraph, charged within a 7-year period, resulting in a

10143

third or subsequent judicial disposition other than acquittal or

10144

dismissal, a civil penalty of $5,000, lifetime revocation of the

10145

saltwater products license, and forfeiture of all gear and

10146

equipment used in the violation shall be imposed.

10147

d. For a first flagrant violation under this subparagraph,

10148

a civil penalty of $5,000 and a suspension of all saltwater

10149

license privileges for 12 months shall be imposed. For a second

10150

or subsequent flagrant violation under this subparagraph, a

10151

civil penalty of $5,000, a lifetime revocation of the saltwater

10152

products license, and the forfeiture of all gear and equipment

10153

used in the violation shall be imposed.

10154

10155

A court may suspend, defer, or withhold adjudication of guilt or

10156

imposition of sentence only for any first violation of s. 16,

10157

Art. X of the State Constitution, or any rule or statute

10158

implementing its restrictions, determined by a court only after

10159

consideration of competent evidence of mitigating circumstances

10160

to be a nonflagrant or minor violation of those restrictions

10161

upon the use of nets. Any violation of s. 16, Art. X of the

10162

State Constitution, or any rule or statute implementing its

10163

restrictions, occurring within a 7-year period commencing upon

10164

the conclusion of any judicial proceeding resulting in any

10165

outcome other than acquittal shall be punished as a second,

10166

third, or subsequent violation accordingly.

10167

10168

saltwater license privileges under this subsection, the licensee

10169

shall not participate in the taking or harvesting, or attempt

10170

the taking or harvesting, of saltwater products from any vessel

10171

within the waters of the state; be aboard any vessel on which a

10172

commercial quantity of saltwater products is possessed through

10173

an activity requiring a license pursuant to this section; or

10174

engage in any other activity requiring a license, permit, or

10175

certificate issued pursuant to this chapter. Any person who is

10176

convicted of violating this paragraph:

10177

1. Upon a first or second conviction, is guilty of a

10178

misdemeanor of the first degree, punishable as provided in s.

10179

775.082 or s. 775.083.

10180

2. Upon a third or subsequent conviction, is guilty of a

10181

felony of the third degree, punishable as provided in s.

10182

775.082, s. 775.083, or s. 775.084.

10183

(d) Upon reinstatement of saltwater license privileges

10184

suspended pursuant to a violation of this subsection, a licensee

10185

owning or operating a vessel containing or otherwise

10186

transporting in or on Florida waters any gill net or other

10187

entangling net, or containing or otherwise transporting in

10188

nearshore and inshore Florida waters any net containing more

10189

than 500 square feet of mesh area shall remain restricted for a

10190

period of 12 months following reinstatement, to operating under

10191

the following conditions:

10192

1. Vessels subject to this reinstatement period shall be

10193

restricted to the corridors established by commission rule.

10194

2. A violation of the reinstatement period provisions

10195

shall be punishable pursuant to paragraphs (1)(a) and (b).

10196

(4) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING

10197

CERTAIN FINFISH.--

10198

(a) It is a major violation under this section for any

10199

person to be in possession of any species of trout, snook, or

10200

redfish which is three fish in excess of the recreational or

10201

commercial daily bag limit.

10202

(b) A commercial harvester who violates this subsection

10203

shall be punished as provided under paragraph (3)(b). Any other

10204

person who violates this subsection commits a Level Three

10205

violation under s. 379.401 ~~372.83~~.

10206

(5) SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY

10207

HARVESTED PRODUCTS.--In addition to other penalties authorized

10208

in this chapter, any violation of s. 379.361 ~~370.06~~ or s.

10209

379.362 ~~370.07~~, or rules of the commission implementing s.

10210

379.361 ~~370.06~~ or s. 379.362 ~~370.07~~, involving the purchase of

10211

saltwater products by a commercial wholesale dealer, retail

10212

dealer, or restaurant facility for public consumption from an

10213

unlicensed person, firm, or corporation, or the purchase or sale

10214

of any saltwater product known to be taken in violation of s.

10215

16, Art. X of the State Constitution, or rule or statute

10216

implementing the provisions thereof, by a commercial wholesale

10217

dealer, retail dealer, or restaurant facility, for public

10218

consumption, is a major violation, and the commission may assess

10219

the following penalties:

10220

(a) For a first violation, the commission may assess a

10221

civil penalty of up to $2,500 and may suspend the wholesale or

10222

retail dealer's license privileges for up to 90 calendar days.

10223

(b) For a second violation occurring within 12 months of a

10224

prior violation, the commission may assess a civil penalty of up

10225

to $5,000 and may suspend the wholesale or retail dealer's

10226

license privileges for up to 180 calendar days.

10227

10228

24-month period, the commission shall assess a civil penalty of

10229

$5,000 and shall suspend the wholesale or retail dealer's

10230

license privileges for up to 24 months.

10231

10232

Any proceeds from the civil penalties assessed pursuant to this

10233

subsection shall be deposited into the Marine Resources

10234

Conservation Trust Fund and shall be used as follows: 40 percent

10235

for administration and processing purposes and 60 percent for

10236

law enforcement purposes.

10237

(6) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR

10238

HARVEST.--It is a major violation and punishable as provided in

10239

this subsection for any unlicensed person, firm, or corporation

10240

who is required to be licensed under this chapter as a

10241

commercial harvester or a wholesale or retail dealer to sell or

10242

purchase any saltwater product or to harvest or attempt to

10243

harvest any saltwater product with intent to sell the saltwater

10244

product.

10245

(a) Any person, firm, or corporation who sells or

10246

purchases any saltwater product without having purchased the

10247

licenses required by this chapter for such sale is subject to

10248

penalties as follows:

10249

1. A first violation is a misdemeanor of the second

10250

degree, punishable as provided in s. 775.082 or s. 775.083.

10251

2. A second violation is a misdemeanor of the first

10252

degree, punishable as provided in s. 775.082 or s. 775.083, and

10253

such person may also be assessed a civil penalty of up to $2,500

10254

and is subject to a suspension of all license privileges under

10255

this chapter ~~and chapter 372~~ for a period not exceeding 90 days.

10256

3. A third violation is a misdemeanor of the first degree,

10257

punishable as provided in s. 775.082 or s. 775.083, with a

10258

mandatory minimum term of imprisonment of 6 months, and such

10259

person may also be assessed a civil penalty of up to $5,000 and

10260

is subject to a suspension of all license privileges under this

10261

chapter ~~and chapter 372~~ for a period not exceeding 6 months.

10262

4. A third violation within 1 year after a second

10263

violation is a felony of the third degree, punishable as

10264

provided in s. 775.082 or s. 775.083, with a mandatory minimum

10265

term of imprisonment of 1 year, and such person shall be

10266

assessed a civil penalty of $5,000 and all license privileges

10267

under this chapter ~~and chapter 372~~ shall be permanently revoked.

10268

5. A fourth or subsequent violation is a felony of the

10269

third degree, punishable as provided in s. 775.082 or s.

10270

775.083, with a mandatory minimum term of imprisonment of 1

10271

year, and such person shall be assessed a civil penalty of

10272

$5,000 and all license privileges under this chapter ~~and chapter~~

10273

~~372~~ shall be permanently revoked.

10274

(b) Any person whose license privileges under this chapter

10275

have been permanently revoked and who thereafter sells or

10276

purchases or who attempts to sell or purchase any saltwater

10277

product commits a felony of the third degree, punishable as

10278

provided in s. 775.082 or s. 775.083, with a mandatory minimum

10279

term of imprisonment of 1 year, and such person shall also be

10280

assessed a civil penalty of $5,000. All property involved in

10281

such offense shall be forfeited pursuant to s. 379.337 ~~370.061~~.

10282

10283

whose license privileges under this chapter are under suspension

10284

and who during such period of suspension sells or purchases or

10285

attempts to sell or purchase any saltwater product shall be

10286

assessed the following penalties:

10287

1. A first violation, or a second violation occurring more

10288

than 12 months after a first violation, is a first degree

10289

misdemeanor, punishable as provided in ss. 775.082 and 775.083,

10290

and such commercial harvester or wholesale or retail dealer may

10291

be assessed a civil penalty of up to $2,500 and an additional

10292

suspension of all license privileges under this chapter ~~and~~

10293

~~chapter 372~~ for a period not exceeding 90 days.

10294

2. A second violation occurring within 12 months of a

10295

first violation is a third degree felony, punishable as provided

10296

in ss. 775.082 and 775.083, with a mandatory minimum term of

10297

imprisonment of 1 year, and such commercial harvester or

10298

wholesale or retail dealer may be assessed a civil penalty of up

10299

to $5,000 and an additional suspension of all license privileges

10300

under this chapter ~~and chapter 372~~ for a period not exceeding

10301

180 days. All property involved in such offense shall be

10302

forfeited pursuant to s. 379.337 ~~370.061~~.

10303

3. A third violation within 24 months of the second

10304

violation or subsequent violation is a third degree felony,

10305

punishable as provided in ss. 775.082 and 775.083, with a

10306

mandatory minimum term of imprisonment of 1 year, and such

10307

commercial harvester or wholesale or retail dealer shall be

10308

assessed a mandatory civil penalty of up to $5,000 and an

10309

additional suspension of all license privileges under this

10310

chapter ~~and chapter 372~~ for a period not exceeding 24 months.

10311

All property involved in such offense shall be forfeited

10312

pursuant to s. 379.337 ~~370.061~~.

10313

(d) Any commercial harvester who harvests or attempts to

10314

harvest any saltwater product with intent to sell the saltwater

10315

product without having purchased a saltwater products license

10316

with the requisite endorsements is subject to penalties as

10317

follows:

10318

1. A first violation is a misdemeanor of the second

10319

degree, punishable as provided in s. 775.082 or s. 775.083.

10320

2. A second violation is a misdemeanor of the first

10321

degree, punishable as provided in s. 775.082 or s. 775.083, and

10322

such commercial harvester may also be assessed a civil penalty

10323

of up to $2,500 and is subject to a suspension of all license

10324

privileges under this chapter ~~and chapter 372~~ for a period not

10325

exceeding 90 days.

10326

3. A third violation is a misdemeanor of the first degree,

10327

punishable as provided in s. 775.082 or s. 775.083, with a

10328

mandatory minimum term of imprisonment of 6 months, and such

10329

commercial harvester may also be assessed a civil penalty of up

10330

to $5,000 and is subject to a suspension of all license

10331

privileges under this chapter ~~and chapter 372~~ for a period not

10332

exceeding 6 months.

10333

4. A third violation within 1 year after a second

10334

violation is a felony of the third degree, punishable as

10335

provided in s. 775.082 or s. 775.083, with a mandatory minimum

10336

term of imprisonment of 1 year, and such commercial harvester

10337

shall also be assessed a civil penalty of $5,000 and all license

10338

privileges under this chapter ~~and chapter 372~~ shall be

10339

permanently revoked.

10340

5. A fourth or subsequent violation is a felony of the

10341

third degree, punishable as provided in s. 775.082 or s.

10342

775.083, with a mandatory minimum term of imprisonment of 1

10343

year, and such commercial harvester shall also be assessed a

10344

mandatory civil penalty of $5,000 and all license privileges

10345

under this chapter ~~and chapter 372~~ shall be permanently revoked.

10346

10347

For purposes of this subsection, a violation means any judicial

10348

disposition other than acquittal or dismissal.

10349

(7)~~(11)~~ REVOCATION OF LICENSES.--Any person licensed under

10350

this chapter who has been convicted of taking aquaculture

10351

species raised at a certified facility shall have his or her

10352

license revoked for 5 years by the commission pursuant to the

10353

provisions and procedures of s. 120.60.

10354

(8)~~(12)~~ LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For

10355

purposes of imposing license or permit suspensions or

10356

revocations authorized by this chapter, the license or permit

10357

under which the violation was committed is subject to suspension

10358

or revocation by the commission. For purposes of assessing

10359

monetary civil or administrative penalties authorized by this

10360

chapter, the commercial harvester cited and subsequently

10361

receiving a judicial disposition of other than dismissal or

10362

acquittal in a court of law is subject to the monetary penalty

10363

assessment by the commission. However, if the license or

10364

permitholder of record is not the commercial harvester receiving

10365

the citation and judicial disposition, the license or permit may

10366

be suspended or revoked only after the license or permitholder

10367

has been notified by the commission that the license or permit

10368

has been cited in a major violation and is now subject to

10369

suspension or revocation should the license or permit be cited

10370

for subsequent major violations.

10371

Section 174. Section 372.84, Florida Statutes, is

10372

renumbered as section 379.408, Florida Statutes, to read:

10373

379.408 ~~372.84~~ Forfeiture or denial of licenses and

10374

permits.--Any person convicted as aforesaid shall forfeit to the

10375

state any license or permit that may have been issued to her or

10376

him under the provisions of this law, or other law of this state

10377

relating to game shall forthwith surrender the same to the

10378

court. If such violation occurs in the open season, relating to

10379

game, no license or permit shall be issued under the provisions

10380

of this law to such person at any time during the remainder of

10381

such open season, or if such violation occurs during the closed

10382

season no license shall be issued to such person for the open

10383

season on game next following.

10384

Section 175. Section 372.663, Florida Statutes, is

10385

renumbered as section 379.409, Florida Statutes, to read:

10386

379.409 ~~372.663~~ Illegal killing, possessing, or capturing

10387

of alligators or other crocodilia or eggs; confiscation of

10388

equipment.--

10389

(1) It is unlawful to intentionally kill, injure, possess,

10390

or capture, or attempt to kill, injure, possess, or capture, an

10391

alligator or other crocodilian, or the eggs of an alligator or

10392

other crocodilian, unless authorized by the rules of the Fish

10393

and Wildlife Conservation Commission. Any person who violates

10394

this section is guilty of a felony of the third degree,

10395

punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

10396

in addition to such other punishment as may be provided by law.

10397

Any equipment, including but not limited to weapons, vehicles,

10398

boats, and lines, used by a person in the commission of a

10399

violation of any law, rule, regulation, or order relating to

10400

alligators or other crocodilia or the eggs of alligators or

10401

other crocodilia shall, upon conviction of such person, be

10402

confiscated by the Fish and Wildlife Conservation Commission and

10403

disposed of according to rules and regulations of the

10404

commission. The arresting officer shall promptly make a return

10405

of the seizure, describing in detail the property seized and the

10406

facts and circumstances under which it was seized, including the

10407

names of all persons known to the officer who have an interest

10408

in the property.

10409

(2) The commission shall promptly fix the value of the

10410

property and make return to the clerk of the circuit court of

10411

the county wherein same was seized. Upon proper showing that any

10412

such property is owned by, or titled in the name of, any

10413

innocent party, such property shall be promptly returned to such

10414

owner.

10415

(3) The provisions of this section shall not vitiate any

10416

valid lien, retain title contract, or chattel mortgage on such

10417

property in effect as of the time of such seizure.

10418

Section 176. Section 372.0725, Florida Statutes, is

10419

renumbered as section 379.411, Florida Statutes, to read:

10420

379.411 ~~372.0725~~ Killing or wounding of any species

10421

designated as endangered, threatened, or of special concern;

10422

criminal penalties.--It is unlawful for a person to

10423

intentionally kill or wound any fish or wildlife of a species

10424

designated by the Fish and Wildlife Conservation Commission as

10425

endangered, threatened, or of special concern, or to

10426

intentionally destroy the eggs or nest of any such fish or

10427

wildlife, except as provided for in the rules of the commission.

10428

Any person who violates this provision with regard to an

10429

endangered or threatened species is guilty of a felony of the

10430

third degree, punishable as provided in s. 775.082, s. 775.083,

10431

or s. 775.084.

10432

Section 177. Section 372.671, Florida Statutes, is

10433

renumbered as section 379.4115, Florida Statutes, and amended to

10434

read:

10435

379.4115 ~~372.671~~ Florida or wild panther; killing

10436

prohibited; penalty.--

10437

(1) It is unlawful for a person to kill a member of the

10438

Florida "endangered species," as defined in s. 379.2291(3)

10439

~~372.072(3)~~, known as the Florida panther (Felis concolor coryi).

10440

(2) It is unlawful for a person to kill any member of the

10441

species of panther (Felis concolor) occurring in the wild.

10442

(3) A person convicted of unlawfully killing a Florida

10443

panther, or unlawfully killing any member of the species of

10444

panther occurring in the wild, is guilty of a felony of the

10445

third degree, punishable as provided in s. 775.082, s. 775.083,

10446

or s. 775.084.

10447

Section 178. Section 370.1121, Florida Statutes, is

10448

renumbered as section 379.413, Florida Statutes, and amended to

10449

read:

10450

379.413 ~~370.1121~~ Bonefish; penalties ~~regulation~~.--

10451

~~(1) It is unlawful to take or attempt to take any bonefish~~

10452

~~(Albula vulpes) from any of the waters of the state for the~~

10453

~~purpose of sale or exchange while fishing with any net, seine,~~

10454

~~or similar device.~~

10455

~~(2) It is unlawful for any wholesale or retail fish dealer~~

10456

~~to possess, buy, sell, or store any bonefish or permit any~~

10457

~~bonefish to be possessed, sold, or stored on, in, or about the~~

10458

~~premises where such wholesale or retail fish business is carried~~

10459

~~on or conducted. It shall be unlawful for any person, firm, or~~

10460

~~corporation to buy or sell bonefish in any form.~~

10461

~~(3)~~ A commercial harvester or wholesale or retail

10462

saltwater products dealer who violates commission rules

10463

pertaining to bonefish s.370.1121 ~~this section~~ shall be punished

10464

under s. 379.407 ~~370.021~~. Any other person who violates this

10465

section commits a Level Two violation under s. 379.401 ~~372.83~~.

10466

Section 179. Section 379.414, Florida Statutes, is created

10467

to read:

10468

379.414 Additional penalties for saltwater products

10469

dealers violating records requirements.--

10470

(1) The commission may revoke, suspend, or deny the

10471

renewal of the license of any saltwater products dealer for

10472

failure to make and keep records as required by s. 379.362, for

10473

failure to make required reports, for failure or refusal to

10474

permit the examination of required records, or for falsifying

10475

any such record. In addition to other applicable penalties, the

10476

commission may impose against any person, firm, or corporation

10477

who is determined to have violated any provision of s. 379.362

10478

or any provisions of any commission rules adopted pursuant to s.

10479

379.407, the following additional penalties:

10480

(a) For the first violation, a civil penalty of up to

10481

$1,000;

10482

(b) For a second violation committed within 24 months of

10483

any previous violation, a civil penalty of up to $2,500; and

10484

10485

36 months of any previous two violations, a civil penalty of up

10486

to $5,000.

10487

(2) The proceeds of all civil penalties collected pursuant

10488

to this section shall be deposited into the Marine Resources

10489

Conservation Trust Fund and shall be used for administration,

10490

auditing, and law enforcement purposes.

10491

Section 180. Paragraph (a) of subsection (1) of section

10492

72.011, Florida Statutes, is amended to read:

10493

72.011 Jurisdiction of circuit courts in specific tax

10494

matters; administrative hearings and appeals; time for

10495

commencing action; parties; deposits.--

10496

(1)(a) A taxpayer may contest the legality of any

10497

assessment or denial of refund of tax, fee, surcharge, permit,

10498

interest, or penalty provided for under s. 125.0104, s.

10499

125.0108, chapter 198, chapter 199, chapter 201, chapter 202,

10500

chapter 203, chapter 206, chapter 207, chapter 210, chapter 211,

10501

chapter 212, chapter 213, chapter 220, chapter 221, s.

10502

379.362(3) ~~370.07(3)~~, chapter 376, s. 403.717, s. 403.718, s.

10503

403.7185, s. 538.09, s. 538.25, chapter 550, chapter 561,

10504

chapter 562, chapter 563, chapter 564, chapter 565, chapter 624,

10505

or s. 681.117 by filing an action in circuit court; or,

10506

alternatively, the taxpayer may file a petition under the

10507

applicable provisions of chapter 120. However, once an action

10508

has been initiated under s. 120.56, s. 120.565, s. 120.569, s.

10509

120.57, or s. 120.80(14)(b), no action relating to the same

10510

subject matter may be filed by the taxpayer in circuit court,

10511

and judicial review shall be exclusively limited to appellate

10512

review pursuant to s. 120.68; and once an action has been

10513

initiated in circuit court, no action may be brought under

10514

chapter 120.

10515

Section 181. Section 97.05831, Florida Statutes, is

10516

amended to read:

10517

97.05831 Voter registration applications made available to

10518

the Fish and Wildlife Conservation Commission.--As required in

10519

s. 379.352 ~~372.561~~, each supervisor of elections shall supply

10520

voter registration applications to the Fish and Wildlife

10521

Conservation Commission and its subagents, as needed.

10522

Section 182. Subsection (4) of section 125.01, Florida

10523

Statutes, is amended to read:

10524

125.01 Powers and duties.--

10525

(4) The legislative and governing body of a county shall

10526

not have the power to regulate the taking or possession of

10527

saltwater fish, as defined in s. 379.101 ~~370.01~~, with respect to

10528

the method of taking, size, number, season, or species. However,

10529

this subsection does not prohibit a county from prohibiting, for

10530

reasons of protecting the public health, safety, or welfare,

10531

saltwater fishing from real property owned by that county, nor

10532

does it prohibit the imposition of excise taxes by county

10533

ordinance.

10534

Section 183. Subsections (1) and (4) of section 142.01,

10535

Florida Statutes, are amended to read:

10536

142.01 Fine and forfeiture fund; clerk of the circuit

10537

court.--There shall be established by the clerk of the circuit

10538

court in each county of this state a separate fund to be known

10539

as the fine and forfeiture fund for use by the clerk of the

10540

circuit court in performing court-related functions. The fund

10541

shall consist of the following:

10542

(1) Fines and penalties pursuant to ss. 28.2402(2),

10543

34.045(2), 316.193, 327.35, 327.72, 379.2203(1) ~~372.72(1)~~, and

10544

775.083(1).

10545

(4) Proceeds from forfeited bail bonds, unclaimed bonds,

10546

unclaimed moneys, or recognizances pursuant to ss. 321.05(4)(a),

10547

379.2203(1) ~~372.72(1)~~, and 903.26(3)(a).

10548

10549

Notwithstanding the provisions of this section, all fines and

10550

forfeitures arising from operation of the provisions of s.

10551

318.1215 shall be disbursed in accordance with that section.

10552

Section 184. Paragraph (c) of subsection (5) of section

10553

161.053, Florida Statutes, is amended to read:

10554

161.053 Coastal construction and excavation; regulation on

10555

county basis.--

10556

(5) Except in those areas where local zoning and building

10557

codes have been established pursuant to subsection (4), a permit

10558

to alter, excavate, or construct on property seaward of

10559

established coastal construction control lines may be granted by

10560

the department as follows:

10561

10562

sequence of construction of permitted activities to provide

10563

protection to nesting sea turtles and hatchlings and their

10564

habitat, pursuant to s. 379.2431 ~~370.12~~, and to native salt-

10565

resistant vegetation and endangered plant communities.

10566

Section 185. Subsection (11) of section 201.15, Florida

10567

Statutes, is amended to read:

10568

201.15 Distribution of taxes collected.--All taxes

10569

collected under this chapter shall be distributed as follows and

10570

shall be subject to the service charge imposed in s. 215.20(1),

10571

except that such service charge shall not be levied against any

10572

portion of taxes pledged to debt service on bonds to the extent

10573

that the amount of the service charge is required to pay any

10574

amounts relating to the bonds:

10575

(11) From the moneys specified in paragraphs (1)(e) and

10576

(2)(a) and prior to deposit of any moneys into the General

10577

Revenue Fund, $30 million shall be paid into the State Treasury

10578

to the credit of the Ecosystem Management and Restoration Trust

10579

Fund in fiscal year 2000-2001 and each fiscal year thereafter,

10580

to be used for the preservation and repair of the state's

10581

beaches as provided in ss. 161.091-161.212, $2 million shall be

10582

paid into the State Treasury to the credit of the Marine

10583

Resources Conservation Trust Fund to be used for marine mammal

10584

care as provided in s. 379.208(3) ~~370.0603(3)~~, and $300,000

10585

shall be paid into the State Treasury to the credit of the

10586

General Inspection Trust Fund in fiscal year 2006-2007 and each

10587

fiscal year thereafter, to be used to fund oyster management and

10588

restoration programs as provided in s. 379.362(3) ~~370.07(3)~~.

10589

Section 186. Paragraph (b) of subsection (8) of section

10590

212.06, Florida Statutes, is amended to read:

10591

212.06 Sales, storage, use tax; collectible from dealers;

10592

"dealer" defined; dealers to collect from purchasers;

10593

legislative intent as to scope of tax.--

10594

(8)

10595

(b) The presumption that tangible personal property used

10596

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

10597

District of Columbia for 6 months or longer before being

10598

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

10599

does not apply to any boat for which a saltwater fishing license

10600

fee is required to be paid pursuant to s. 379.354(7) ~~372.57(7)~~,

10601

either directly or indirectly, for the purpose of taking,

10602

attempting to take, or possessing any saltwater fish for

10603

noncommercial purposes. Use tax shall apply and be due on such a

10604

boat as provided in this paragraph, and proof of payment of such

10605

tax must be presented prior to the first such licensure of the

10606

boat, registration of the boat pursuant to chapter 328, and

10607

titling of the boat pursuant to chapter 328. A boat that is

10608

first licensed within 1 year after purchase shall be subject to

10609

use tax on the full amount of the purchase price; a boat that is

10610

first licensed in the second year after purchase shall be

10611

subject to use tax on 90 percent of the purchase price; a boat

10612

that is first licensed in the third year after purchase shall be

10613

subject to use tax on 80 percent of the purchase price; a boat

10614

that is first licensed in the fourth year after purchase shall

10615

be subject to use tax on 70 percent of the purchase price; a

10616

boat that is first licensed in the fifth year after purchase

10617

shall be subject to use tax on 60 percent of the purchase price;

10618

and a boat that is first licensed in the sixth year after

10619

purchase, or later, shall be subject to use tax on 50 percent of

10620

the purchase price. If the purchaser fails to provide the

10621

purchase invoice on such boat, the fair market value of the boat

10622

at the time of importation into this state shall be used to

10623

compute the tax.

10624

Section 187. Paragraph (h) of subsection (5) of section

10625

212.08, Florida Statutes, is amended to read:

10626

212.08 Sales, rental, use, consumption, distribution, and

10627

storage tax; specified exemptions.--The sale at retail, the

10628

rental, the use, the consumption, the distribution, and the

10629

storage to be used or consumed in this state of the following

10630

are hereby specifically exempt from the tax imposed by this

10631

chapter.

10632

(5) EXEMPTIONS; ACCOUNT OF USE.--

10633

(h) Business property used in an enterprise zone.--

10634

1. Business property purchased for use by businesses

10635

located in an enterprise zone which is subsequently used in an

10636

enterprise zone shall be exempt from the tax imposed by this

10637

chapter. This exemption inures to the business only through a

10638

refund of previously paid taxes. A refund shall be authorized

10639

upon an affirmative showing by the taxpayer to the satisfaction

10640

of the department that the requirements of this paragraph have

10641

been met.

10642

2. To receive a refund, the business must file under oath

10643

with the governing body or enterprise zone development agency

10644

having jurisdiction over the enterprise zone where the business

10645

is located, as applicable, an application which includes:

10646

a. The name and address of the business claiming the

10647

refund.

10648

b. The identifying number assigned pursuant to s. 290.0065

10649

to the enterprise zone in which the business is located.

10650

c. A specific description of the property for which a

10651

refund is sought, including its serial number or other permanent

10652

identification number.

10653

d. The location of the property.

10654

e. The sales invoice or other proof of purchase of the

10655

property, showing the amount of sales tax paid, the date of

10656

purchase, and the name and address of the sales tax dealer from

10657

whom the property was purchased.

10658

f. Whether the business is a small business as defined by

10659

s. 288.703(1).

10660

g. If applicable, the name and address of each permanent

10661

employee of the business, including, for each employee who is a

10662

resident of an enterprise zone, the identifying number assigned

10663

pursuant to s. 290.0065 to the enterprise zone in which the

10664

employee resides.

10665

3. Within 10 working days after receipt of an application,

10666

the governing body or enterprise zone development agency shall

10667

review the application to determine if it contains all the

10668

information required pursuant to subparagraph 2. and meets the

10669

criteria set out in this paragraph. The governing body or agency

10670

shall certify all applications that contain the information

10671

required pursuant to subparagraph 2. and meet the criteria set

10672

out in this paragraph as eligible to receive a refund. If

10673

applicable, the governing body or agency shall also certify if

10674

20 percent of the employees of the business are residents of an

10675

enterprise zone, excluding temporary and part-time employees.

10676

The certification shall be in writing, and a copy of the

10677

certification shall be transmitted to the executive director of

10678

the Department of Revenue. The business shall be responsible for

10679

forwarding a certified application to the department within the

10680

time specified in subparagraph 4.

10681

4. An application for a refund pursuant to this paragraph

10682

must be submitted to the department within 6 months after the

10683

tax is due on the business property that is purchased.

10684

5. The amount refunded on purchases of business property

10685

under this paragraph shall be the lesser of 97 percent of the

10686

sales tax paid on such business property or $5,000, or, if no

10687

less than 20 percent of the employees of the business are

10688

residents of an enterprise zone, excluding temporary and part-

10689

time employees, the amount refunded on purchases of business

10690

property under this paragraph shall be the lesser of 97 percent

10691

of the sales tax paid on such business property or $10,000. A

10692

refund approved pursuant to this paragraph shall be made within

10693

30 days of formal approval by the department of the application

10694

for the refund. No refund shall be granted under this paragraph

10695

unless the amount to be refunded exceeds $100 in sales tax paid

10696

on purchases made within a 60-day time period.

10697

6. The department shall adopt rules governing the manner

10698

and form of refund applications and may establish guidelines as

10699

to the requisites for an affirmative showing of qualification

10700

for exemption under this paragraph.

10701

7. If the department determines that the business property

10702

is used outside an enterprise zone within 3 years from the date

10703

of purchase, the amount of taxes refunded to the business

10704

purchasing such business property shall immediately be due and

10705

payable to the department by the business, together with the

10706

appropriate interest and penalty, computed from the date of

10707

purchase, in the manner provided by this chapter.

10708

Notwithstanding this subparagraph, business property used

10709

exclusively in:

10710

a. Licensed commercial fishing vessels,

10711

b. Fishing guide boats, or

10712

c. Ecotourism guide boats

10713

10714

that leave and return to a fixed location within an area

10715

designated under s. 379.2353 ~~370.28~~ are eligible for the

10716

exemption provided under this paragraph if all requirements of

10717

this paragraph are met. Such vessels and boats must be owned by

10718

a business that is eligible to receive the exemption provided

10719

under this paragraph. This exemption does not apply to the

10720

purchase of a vessel or boat.

10721

8. The department shall deduct an amount equal to 10

10722

percent of each refund granted under the provisions of this

10723

paragraph from the amount transferred into the Local Government

10724

Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20

10725

for the county area in which the business property is located

10726

and shall transfer that amount to the General Revenue Fund.

10727

9. For the purposes of this exemption, "business property"

10728

means new or used property defined as "recovery property" in s.

10729

168(c) of the Internal Revenue Code of 1954, as amended, except:

10730

a. Property classified as 3-year property under s.

10731

168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

10732

b. Industrial machinery and equipment as defined in sub-

10733

subparagraph (b)6.a. and eligible for exemption under paragraph

10734

(b);

10735

c. Building materials as defined in sub-subparagraph

10736

(g)8.a.; and

10737

d. Business property having a sales price of under $5,000

10738

per unit.

10739

10. This paragraph expires on the date specified in s.

10740

290.016 for the expiration of the Florida Enterprise Zone Act.

10741

Section 188. Paragraph (o) of subsection (1) of section

10742

213.053, Florida Statutes, is amended to read:

10743

213.053 Confidentiality and information sharing.--

10744

(1) This section applies to:

10745

(o) Section 379.362(3) ~~370.07(3)~~, Apalachicola Bay oyster

10746

surcharge;

10747

Section 189. Paragraph (u) of subsection (4) of section

10748

215.20, Florida Statutes, is amended to read:

10749

215.20 Certain income and certain trust funds to

10750

contribute to the General Revenue Fund.--

10751

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

10752

following described trust funds, by whatever name designated, is

10753

that from which the appropriations authorized by subsection (3)

10754

shall be made:

10755

(u) Within the Fish and Wildlife Conservation Commission:

10756

1. The Conservation and Recreation Lands Program Trust

10757

Fund.

10758

2. The Florida Panther Research and Management Trust Fund.

10759

3. The Land Acquisition Trust Fund.

10760

4. The Marine Resources Conservation Trust Fund, with the

10761

exception of those fees collected for recreational saltwater

10762

fishing licenses as provided in s. 379.354 ~~372.57~~.

10763

10764

The enumeration of the foregoing moneys or trust funds shall not

10765

prohibit the applicability thereto of s. 215.24 should the

10766

Governor determine that for the reasons mentioned in s. 215.24

10767

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

10768

purpose of this law to exempt income from its force and effect

10769

when, by the operation of this law, federal matching funds or

10770

contributions or private grants to any trust fund would be lost

10771

to the state.

10772

Section 190. Subsection (6) of section 290.004, Florida

10773

Statutes, is amended to read:

10774

290.004 Definitions relating to Florida Enterprise Zone

10775

Act.--As used in ss. 290.001-290.016:

10776

(6) "Rural enterprise zone" means an enterprise zone that

10777

is nominated by a county having a population of 75,000 or fewer,

10778

or a county having a population of 100,000 or fewer which is

10779

contiguous to a county having a population of 75,000 or fewer,

10780

or by a municipality in such a county, or by such a county and

10781

one or more municipalities. An enterprise zone designated in

10782

accordance with s. 290.0065(5)(b) or s. 379.2353 ~~370.28~~ is

10783

considered to be a rural enterprise zone.

10784

Section 191. Paragraph (b) of subsection (1) and paragraph

10785

(b) of subsection (24) and of section 320.08058, Florida

10786

Statutes, are amended to read:

10787

320.08058 Specialty license plates.--

10788

(1) MANATEE LICENSE PLATES.--

10789

(b) The manatee license plate annual use fee must be

10790

deposited into the Save the Manatee Trust Fund, created within

10791

the Fish and Wildlife Conservation Commission, and shall be used

10792

only for the purposes specified in s. 379.2431(4) ~~370.12(4)~~.

10793

(24) CONSERVE WILDLIFE LICENSE PLATES.--

10794

(b) The proceeds of the Conserve Wildlife license plate

10795

annual use fee shall be forwarded to the Wildlife Foundation of

10796

Florida, Inc., a citizen support organization created pursuant

10797

to s. 379.223 ~~372.0215~~.

10798

1. Notwithstanding s. 320.08062, up to 10 percent of the

10799

proceeds from the annual use fee may be used for marketing the

10800

Conserve Wildlife license plate and administrative costs

10801

directly related to the management and distribution of the

10802

proceeds.

10803

2. The remaining proceeds from the annual use fee shall be

10804

used for programs and activities of the Fish and Wildlife

10805

Conservation Commission that contribute to the health and well-

10806

being of Florida black bears and other wildlife diversity.

10807

Section 192. Paragraph (a) of subsection (5) of section

10808

327.02, Florida Statutes, is amended to read:

10809

327.02 Definitions of terms used in this chapter and in

10810

chapter 328.--As used in this chapter and in chapter 328, unless

10811

the context clearly requires a different meaning, the term:

10812

(5) "Commercial vessel" means:

10813

(a) Any vessel primarily engaged in the taking or landing

10814

of saltwater fish or saltwater products or freshwater fish or

10815

freshwater products, or any vessel licensed pursuant to s.

10816

379.361 ~~370.06~~ from which commercial quantities of saltwater

10817

products are harvested, from within and without the waters of

10818

this state for sale either to the consumer, retail dealer, or

10819

wholesale dealer.

10820

Section 193. Subsection (2) of section 327.41, Florida

10821

Statutes, is amended to read:

10822

327.41 Uniform waterway regulatory markers.--

10823

(2) Any county or municipality which has been granted a

10824

restricted area designation, pursuant to s. 327.46, for a

10825

portion of the Florida Intracoastal Waterway within its

10826

jurisdiction or which has adopted a restricted area by ordinance

10827

pursuant to s. 327.22, s. 327.60, or s. 379.2431(2)(p)

10828

~~370.12(2)(p)~~, or any other governmental entity which has legally

10829

established a restricted area, may apply to the commission for

10830

permission to place regulatory markers within the restricted

10831

area.

10832

Section 194. Paragraph (k) of subsection (1) of section

10833

327.73, Florida Statutes, is amended to read:

10834

327.73 Noncriminal infractions.--

10835

(1) Violations of the following provisions of the vessel

10836

laws of this state are noncriminal infractions:

10837

(k) Violations relating to restricted areas and speed

10838

limits:

10839

1. Established by the commission pursuant to s. 327.46.

10840

2. Established by local governmental authorities pursuant

10841

to s. 327.22 or s. 327.60.

10842

3. Speed limits established pursuant to s. 379.2431(2)

10843

~~370.12(2)~~.

10844

10845

Any person cited for a violation of any such provision shall be

10846

deemed to be charged with a noncriminal infraction, shall be

10847

cited for such an infraction, and shall be cited to appear

10848

before the county court. The civil penalty for any such

10849

infraction is $50, except as otherwise provided in this section.

10850

Any person who fails to appear or otherwise properly respond to

10851

a uniform boating citation shall, in addition to the charge

10852

relating to the violation of the boating laws of this state, be

10853

charged with the offense of failing to respond to such citation

10854

and, upon conviction, be guilty of a misdemeanor of the second

10855

degree, punishable as provided in s. 775.082 or s. 775.083. A

10856

written warning to this effect shall be provided at the time

10857

such uniform boating citation is issued.

10858

Section 195. Subsection (1) of section 328.66, Florida

10859

Statutes, is amended to read:

10860

328.66 County and municipality optional registration

10861

fee.--

10862

(1) Any county may impose an annual registration fee on

10863

vessels registered, operated, or stored in the water within its

10864

jurisdiction. This fee shall be 50 percent of the applicable

10865

state registration fee. However, the first $1 of every

10866

registration imposed under this subsection shall be remitted to

10867

the state for deposit in the Save the Manatee Trust Fund created

10868

within the Fish and Wildlife Conservation Commission, and shall

10869

be used only for the purposes specified in s. 379.2431(4)

10870

~~370.12(4)~~. All other moneys received from such fee shall be

10871

expended for the patrol, regulation, and maintenance of the

10872

lakes, rivers, and waters and for other boating-related

10873

activities of such municipality or county. A municipality that

10874

was imposing a registration fee before April 1, 1984, may

10875

continue to levy such fee, notwithstanding the provisions of

10876

this section.

10877

Section 196. Subsections (11) and (16) of section 328.72,

10878

Florida Statutes, are amended to read:

10879

328.72 Classification; registration; fees and charges;

10880

surcharge; disposition of fees; fines; marine turtle stickers.--

10881

(11) VOLUNTARY CONTRIBUTIONS.--The application form for

10882

boat registration shall include a provision to allow each

10883

applicant to indicate a desire to pay an additional voluntary

10884

contribution to the Save the Manatee Trust Fund to be used for

10885

the purposes specified in s. 379.2431(4) ~~370.12(4)~~. This

10886

contribution shall be in addition to all other fees and charges.

10887

The amount of the request for a voluntary contribution solicited

10888

shall be $2 or $5 per registrant. A registrant who provides a

10889

voluntary contribution of $5 or more shall be given a sticker or

10890

emblem by the tax collector to display, which signifies support

10891

for the Save the Manatee Trust Fund. All voluntary contributions

10892

shall be deposited in the Save the Manatee Trust Fund and shall

10893

be used for the purposes specified in s. 379.2431(4) ~~370.12(4)~~.

10894

The form shall also include language permitting a voluntary

10895

contribution of $5 per applicant, which contribution shall be

10896

transferred into the Election Campaign Financing Trust Fund. A

10897

statement providing an explanation of the purpose of the trust

10898

fund shall also be included.

10899

(16) MARINE TURTLE STICKER.--The Department of Highway

10900

Safety and Motor Vehicles shall offer for sale with vessel

10901

registrations a waterproof sticker in the shape of a marine

10902

turtle at an additional cost of $5, the proceeds of which shall

10903

be deposited in the Marine Resources Conservation Trust Fund to

10904

be used for marine turtle protection, research, and recovery

10905

efforts pursuant to the provisions of s. 379.2431(1) ~~370.12(1)~~.

10906

Section 197. Paragraph (a) of subsection (1) and

10907

subsection (2) of section 328.76, Florida Statutes, are amended

10908

to read:

10909

328.76 Marine Resources Conservation Trust Fund; vessel

10910

registration funds; appropriation and distribution.--

10911

(1) Except as otherwise specified in this subsection and

10912

less $1.4 million for any administrative costs which shall be

10913

deposited in the Highway Safety Operating Trust Fund, in each

10914

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

10915

collected from the registration of vessels through the

10916

Department of Highway Safety and Motor Vehicles and the tax

10917

collectors of the state, except for those funds designated as

10918

the county portion pursuant to s. 328.72(1), shall be deposited

10919

in the Marine Resources Conservation Trust Fund for recreational

10920

channel marking; public launching facilities; law enforcement

10921

and quality control programs; aquatic weed control; manatee

10922

protection, recovery, rescue, rehabilitation, and release; and

10923

marine mammal protection and recovery. The funds collected

10924

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

10925

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

10926

commercial and recreational vessel registered in this state

10927

shall be transferred by the Department of Highway Safety and

10928

Motor Vehicles to the Save the Manatee Trust Fund and shall be

10929

used only for the purposes specified in s. 379.2431(4)

10930

~~370.12(4)~~.

10931

(2) All funds collected pursuant to s. 379.361(2)

10932

~~370.06(2)~~ shall be deposited in the Marine Resources

10933

Conservation Trust Fund. Such funds shall be used to pay the

10934

cost of implementing the saltwater products license program.

10935

Additional proceeds from the licensing revenue shall be

10936

distributed among the following program functions:

10937

(a) No more than 15 percent shall go to marine law

10938

enforcement;

10939

(b) Twenty-five percent shall go to the Florida Saltwater

10940

Products Promotion Trust Fund within the Department of

10941

Agriculture and Consumer Services, on a monthly basis, for the

10942

purpose of providing marketing and extension services including

10943

industry information and education; and

10944

10945

Conservation Commission, for use in marine research and

10946

statistics development, including quota management.

10947

Section 198. Subsection (5) of section 373.046, Florida

10948

Statutes, is amended to read:

10949

373.046 Interagency agreements.--

10950

(5) Notwithstanding the provisions of s. 403.927, when any

10951

operating agreement is developed pursuant to subsection (4), the

10952

department shall have regulatory responsibility under part IV of

10953

this chapter for aquaculture activities that meet or exceed the

10954

thresholds for aquaculture general permits authorized pursuant

10955

to ss. 379.2523 ~~370.26~~ and 403.814.

10956

Section 199. Paragraph (h) of subsection (2) of section

10957

403.41315, Florida Statutes, is amended to read:

10958

403.41315 Comprehensive illegal dumping, litter, and

10959

marine debris control and prevention.--

10960

(2) The comprehensive illegal dumping, litter, and marine

10961

debris control and prevention program at a minimum must include

10962

the following:

10963

(h) The prohibition of balloon releases as authorized

10964

under s. 379.233 ~~372.995~~.

10965

Section 200. Paragraph (f) of subsection (2) of section

10966

403.813, Florida Statutes, is amended to read:

10967

403.813 Permits issued at district centers; exceptions.--

10968

(2) A permit is not required under this chapter, chapter

10969

373, chapter 61-691, Laws of Florida, or chapter 25214 or

10970

chapter 25270, 1949, Laws of Florida, for activities associated

10971

with the following types of projects; however, except as

10972

otherwise provided in this subsection, nothing in this

10973

subsection relieves an applicant from any requirement to obtain

10974

permission to use or occupy lands owned by the Board of Trustees

10975

of the Internal Improvement Trust Fund or any water management

10976

district in its governmental or proprietary capacity or from

10977

complying with applicable local pollution control programs

10978

authorized under this chapter or other requirements of county

10979

and municipal governments:

10980

(f) The performance of maintenance dredging of existing

10981

manmade canals, channels, intake and discharge structures, and

10982

previously dredged portions of natural water bodies within

10983

drainage rights-of-way or drainage easements which have been

10984

recorded in the public records of the county, where the spoil

10985

material is to be removed and deposited on a self-contained,

10986

upland spoil site which will prevent the escape of the spoil

10987

material into the waters of the state, provided that no more

10988

dredging is to be performed than is necessary to restore the

10989

canals, channels, and intake and discharge structures, and

10990

previously dredged portions of natural water bodies, to original

10991

design specifications or configurations, provided that the work

10992

is conducted in compliance with s. 379.2431(2)(d) ~~370.12(2)(d)~~,

10993

provided that no significant impacts occur to previously

10994

undisturbed natural areas, and provided that control devices for

10995

return flow and best management practices for erosion and

10996

sediment control are utilized to prevent bank erosion and

10997

scouring and to prevent turbidity, dredged material, and toxic

10998

or deleterious substances from discharging into adjacent waters

10999

during maintenance dredging. Further, for maintenance dredging

11000

of previously dredged portions of natural water bodies within

11001

recorded drainage rights-of-way or drainage easements, an entity

11002

that seeks an exemption must notify the department or water

11003

management district, as applicable, at least 30 days prior to

11004

dredging and provide documentation of original design

11005

specifications or configurations where such exist. This

11006

exemption applies to all canals and previously dredged portions

11007

of natural water bodies within recorded drainage rights-of-way

11008

or drainage easements constructed prior to April 3, 1970, and to

11009

those canals and previously dredged portions of natural water

11010

bodies constructed on or after April 3, 1970, pursuant to all

11011

necessary state permits. This exemption does not apply to the

11012

removal of a natural or manmade barrier separating a canal or

11013

canal system from adjacent waters. When no previous permit has

11014

been issued by the Board of Trustees of the Internal Improvement

11015

Trust Fund or the United States Army Corps of Engineers for

11016

construction or maintenance dredging of the existing manmade

11017

canal or intake or discharge structure, such maintenance

11018

dredging shall be limited to a depth of no more than 5 feet

11019

below mean low water. The Board of Trustees of the Internal

11020

Improvement Trust Fund may fix and recover from the permittee an

11021

amount equal to the difference between the fair market value and

11022

the actual cost of the maintenance dredging for material removed

11023

during such maintenance dredging. However, no charge shall be

11024

exacted by the state for material removed during such

11025

maintenance dredging by a public port authority. The removing

11026

party may subsequently sell such material; however, proceeds

11027

from such sale that exceed the costs of maintenance dredging

11028

shall be remitted to the state and deposited in the Internal

11029

Improvement Trust Fund.

11030

Section 201. Paragraph (a) of subsection (5) and paragraph

11031

(a) of subsection (18) of section 597.010, Florida Statutes, are

11032

amended to read:

11033

597.010 Shellfish regulation; leases.--

11034

(5) LEASES IN PERPETUITY; RENT.--

11035

(a) All leases issued previously under the provisions of

11036

s. 379.2525 ~~370.16~~ shall be enforced under the authority of this

11037

chapter, notwithstanding any other law to the contrary, and

11038

shall continue in perpetuity under such restrictions as stated

11039

in the lease agreement. The annual rental fee charged for all

11040

leases shall consist of the minimum rate of $15 per acre, or any

11041

fraction of an acre, per year and shall be adjusted on January

11042

1, 1995, and every 5 years thereafter, based on the 5-year

11043

average change in the Consumer Price Index. Rent shall be paid

11044

in advance of January 1 of each year or in the case of a new

11045

lease at the time of signing, regardless of who holds the lease.

11046

(18) REMOVING OYSTERS, CLAMS, OR MUSSELS FROM NATURAL

11047

REEFS; LICENSES, ETC.; PENALTY.--

11048

(a) It is unlawful to use a dredge or any means or

11049

implement other than hand tongs in removing oysters from the

11050

natural or artificial state reefs or beds. This restriction

11051

shall apply to all areas of Apalachicola Bay for all shellfish

11052

harvesting, excluding private grounds leased or granted by the

11053

state prior to July 1, 1989, if the lease or grant specifically

11054

authorizes the use of implements other than hand tongs for

11055

harvesting. Except in Apalachicola Bay, upon the payment of $25

11056

annually, for each vessel or boat using a dredge or machinery in

11057

the gathering of clams or mussels, a special activity license

11058

may be issued by the Fish and Wildlife Conservation Commission

11059

pursuant to subsection (15) or s. 379.361 ~~370.06~~ for such use to

11060

such person.

11061

Section 202. Paragraphs (a), (d), and (e) of subsection

11062

(4) of section 777.04, Florida Statutes, are amended to read:

11063

777.04 Attempts, solicitation, and conspiracy.--

11064

(4)(a) Except as otherwise provided in ss. 104.091(2),

11065

379.2431(1) ~~370.12(1)~~, 828.125(2), 849.25(4), 893.135(5), and

11066

921.0022, the offense of criminal attempt, criminal

11067

solicitation, or criminal conspiracy is ranked for purposes of

11068

sentencing under chapter 921 and determining incentive gain-time

11069

eligibility under chapter 944 one level below the ranking under

11070

s. 921.0022 or s. 921.0023 of the offense attempted, solicited,

11071

or conspired to. If the criminal attempt, criminal solicitation,

11072

or criminal conspiracy is of an offense ranked in level 1 or

11073

level 2 under s. 921.0022 or s. 921.0023, such offense is a

11074

misdemeanor of the first degree, punishable as provided in s.

11075

775.082 or s. 775.083.

11076

(d) Except as otherwise provided in s. 104.091(2), s.

11077

379.2431(1) ~~370.12(1)~~, s. 828.125(2), or s. 849.25(4), if the

11078

offense attempted, solicited, or conspired to is a:

11079

1. Felony of the second degree;

11080

2. Burglary that is a felony of the third degree; or

11081

3. Felony of the third degree ranked in level 3, 4, 5, 6,

11082

7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

11083

11084

the offense of criminal attempt, criminal solicitation, or

11085

criminal conspiracy is a felony of the third degree, punishable

11086

as provided in s. 775.082, s. 775.083, or s. 775.084.

11087

(e) Except as otherwise provided in s. 104.091(2), s.

11088

379.2431(1) ~~370.12(1)~~, s. 849.25(4), or paragraph (d), if the

11089

offense attempted, solicited, or conspired to is a felony of the

11090

third degree, the offense of criminal attempt, criminal

11091

solicitation, or criminal conspiracy is a misdemeanor of the

11092

first degree, punishable as provided in s. 775.082 or s.

11093

775.083.

11094

Section 203. Paragraph (h) of subsection (2) of section

11095

810.09, Florida Statutes, is amended to read:

11096

810.09 Trespass on property other than structure or

11097

conveyance.--

11098

(2)

11099

(h) Any person who in taking or attempting to take any

11100

animal described in s. 379.101(19) or (20) ~~372.001(10) or (11)~~,

11101

or in killing, attempting to kill, or endangering any animal

11102

described in s. 585.01(13) knowingly propels or causes to be

11103

propelled any potentially lethal projectile over or across

11104

private land without authorization commits trespass, a felony of

11105

the third degree, punishable as provided in s. 775.082, s.

11106

775.083, or s. 775.084. For purposes of this paragraph, the term

11107

"potentially lethal projectile" includes any projectile launched

11108

from any firearm, bow, crossbow, or similar tensile device. This

11109

section does not apply to any governmental agent or employee

11110

acting within the scope of his or her official duties.

11111

Section 204. Paragraphs (b) and (c) of subsection (3) of

11112

section 921.0022, Florida Statutes, are amended to read:

11113

921.0022 Criminal Punishment Code; offense severity

11114

ranking chart.--

11115

(3) OFFENSE SEVERITY RANKING CHART

11116

(b) LEVEL 2

11117

FloridaStatute

FelonyDegree

Description

11118

379.2431 (1)(e)3.~~370.12(1)(e)3.~~

3rd

Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.

11119

379.2431(1)(e)4.~~370.12(1)(e)4.~~

3rd

Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.

11120

403.413(5)(c)

3rd

Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.

11121

517.07

3rd

Registration of securities and furnishing of prospectus required.

11122

590.28(1)

3rd

Willful, malicious, or intentional burning.

11123

784.05(3)

3rd

Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.

11124

787.04(1)

3rd

In violation of court order, take, entice, etc., minor beyond state limits.

11125

806.13(1)(b)3.

3rd

Criminal mischief; damage $1,000 or more to public communication or any other public service.

11126

810.061(2)

3rd

Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.

11127

810.09(2)(e)

3rd

Trespassing on posted commercial horticulture property.

11128

812.014(2)(c)1.

3rd

Grand theft, 3rd degree; $300 or more but less than $5,000.

11129

812.014(2)(d)

3rd

Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.

11130

812.015(7)

3rd

Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.

11131

817.234(1)(a)2.

3rd

False statement in support of insurance claim.

11132

817.481(3)(a)

3rd

Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.

11133

817.52(3)

3rd

Failure to redeliver hired vehicle.

11134

817.54

3rd

With intent to defraud, obtain mortgage note, etc., by false representation.

11135

817.60(5)

3rd

Dealing in credit cards of another.

11136

817.60(6)(a)

3rd

Forgery; purchase goods, services with false card.

11137

817.61

3rd

Fraudulent use of credit cards over $100 or more within 6 months.

11138

826.04

3rd

Knowingly marries or has sexual intercourse with person to whom related.

11139

831.01

3rd

Forgery.

11140

831.02

3rd

Uttering forged instrument; utters or publishes alteration with intent to defraud.

11141

831.07

3rd

Forging bank bills, checks, drafts, or promissory notes.

11142

831.08

3rd

Possessing 10 or more forged notes, bills, checks, or drafts.

11143

831.09

3rd

Uttering forged notes, bills, checks, drafts, or promissory notes.

11144

831.11

3rd

Bringing into the state forged bank bills, checks, drafts, or notes.

11145

832.05(3)(a)

3rd

Cashing or depositing item with intent to defraud.

11146

843.08

3rd

Falsely impersonating an officer.

11147

893.13(2)(a)2.

3rd

Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.

11148

893.147(2)

3rd

Manufacture or delivery of drug paraphernalia.

11149

11150

11151

FloridaStatute

FelonyDegree

Description

11152

119.10(2)(b)

3rd

Unlawful use of confidential information from police reports.

11153

316.066(6)(b)-(d)

3rd

Unlawfully obtaining or using confidential crash reports.

11154

316.193(2)(b)

3rd

Felony DUI, 3rd conviction.

11155

316.1935(2)

3rd

Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

11156

319.30(4)

3rd

Possession by junkyard of motor vehicle with identification number plate removed.

11157

319.33(1)(a)

3rd

Alter or forge any certificate of title to a motor vehicle or mobile home.

11158

319.33(1)(c)

3rd

Procure or pass title on stolen vehicle.

11159

319.33(4)

3rd

With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

11160

327.35(2)(b)

3rd

Felony BUI.

11161

328.05(2)

3rd

Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

11162

328.07(4)

3rd

Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

11163

379.2431(1)(e)5.~~370.12(1)(e)5.~~

3rd

Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

11164

379.2431(1)(e)6.~~370.12(1)(e)6.~~

3rd

Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

11165

376.302(5)

3rd

Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

11166

400.903(3)

3rd

Operating a clinic without a license or filing false license application or other required information.

11167

440.1051(3)

3rd

False report of workers' compensation fraud or retaliation for making such a report.

11168

501.001(2)(b)

2nd

Tampers with a consumer product or the container using materially false/misleading information.

11169

624.401(4)(a)

3rd

Transacting insurance without a certificate of authority.

11170

624.401(4)(b)1.

3rd

Transacting insurance without a certificate of authority; premium collected less than $20,000.

11171

626.902(1)(a) & (b)

3rd

Representing an unauthorized insurer.

11172

697.08

3rd

Equity skimming.

11173

790.15(3)

3rd

Person directs another to discharge firearm from a vehicle.

11174

796.05(1)

3rd

Live on earnings of a prostitute.

11175

806.10(1)

3rd

Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

11176

806.10(2)

3rd

Interferes with or assaults firefighter in performance of duty.

11177

810.09(2)(c)

3rd

Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

11178

812.014(2)(c)2.

3rd

Grand theft; $5,000 or more but less than $10,000.

11179

812.0145(2)(c)

3rd

Theft from person 65 years of age or older; $300 or more but less than $10,000.

11180

815.04(4)(b)

2nd

Computer offense devised to defraud or obtain property.

11181

817.034(4)(a)3.

3rd

Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

11182

817.233

3rd

Burning to defraud insurer.

11183

817.234(8)(b)-(c)

3rd

Unlawful solicitation of persons involved in motor vehicle accidents.

11184

817.234(11)(a)

3rd

Insurance fraud; property value less than $20,000.

11185

817.236

3rd

Filing a false motor vehicle insurance application.

11186

817.2361

3rd

Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

11187

817.413(2)

3rd

Sale of used goods as new.

11188

817.505(4)

3rd

Patient brokering.

11189

828.12(2)

3rd

Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

11190

831.28(2)(a)

3rd

Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

11191

831.29

2nd

Possession of instruments for counterfeiting drivers' licenses or identification cards.

11192

838.021(3)(b)

3rd

Threatens unlawful harm to public servant.

11193

843.19

3rd

Injure, disable, or kill police dog or horse.

11194

860.15(3)

3rd

Overcharging for repairs and parts.

11195

870.01(2)

3rd

Riot; inciting or encouraging.

11196

893.13(1)(a)2.

3rd

Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).

11197

893.13(1)(d)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.

11198

893.13(1)(f)2.

2nd

Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.

11199

893.13(6)(a)

3rd

Possession of any controlled substance other than felony possession of cannabis.

11200

893.13(7)(a)8.

3rd

Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

11201

893.13(7)(a)9.

3rd

Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

11202

893.13(7)(a)10.

3rd

Affix false or forged label to package of controlled substance.

11203

893.13(7)(a)11.

3rd

Furnish false or fraudulent material information on any document or record required by chapter 893.

11204

893.13(8)(a)1.

3rd

Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.

11205

893.13(8)(a)2.

3rd

Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.

11206

893.13(8)(a)3.

3rd

Knowingly write a prescription for a controlled substance for a fictitious person.

11207

893.13(8)(a)4.

3rd

Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.

11208

918.13(1)(a)

3rd

Alter, destroy, or conceal investigation evidence.

11209

944.47(1)(a)1.-2.

3rd

Introduce contraband to correctional facility.

11210

944.47(1)(c)

2nd

Possess contraband while upon the grounds of a correctional institution.

11211

985.721

3rd

Escapes from a juvenile facility (secure detention or residential commitment facility).

11212

11213

Section 205. Paragraph (e) of subsection (6) of section

11214

932.7055, Florida Statutes, is amended to read:

11215

932.7055 Disposition of liens and forfeited property.--

11216

(6) If the seizing agency is a state agency, all remaining

11217

proceeds shall be deposited into the General Revenue Fund.

11218

However, if the seizing agency is:

11219

(e) The Fish and Wildlife Conservation Commission, the

11220

proceeds accrued pursuant to the provisions of the Florida

11221

Contraband Forfeiture Act shall be deposited into the State Game

11222

Trust Fund as provided in ss. 379.338, 379.339, and 379.3395

11223

~~372.73, 372.9901, and 372.9904~~, into the Marine Resources

11224

Conservation Trust Fund as provided in s. 379.337 ~~370.061, or~~

11225

~~into the commission's Federal Law Enforcement Trust Fund as~~

11226

~~provided in s. 372.107, as applicable~~.

11227

Section 206. Sections 370.081, 370.0821, 370.09, 370.1105,

11228

370.15, 370.154, 370.155, 372.001, 372.0225, 372.107, 372.27,

11229

372.667, 372.85, 372.98, 372.981, and 372.993, Florida Statutes,

11230

are repealed.

11231

Section 207. This act shall take effect July 1, 2008.

CODING: Words ~~stricken~~ are deletions; words underlined are additions.