Florida Senate - 2009                                    SB 2618
       
       
       
       By Senator Constantine
       
       
       
       
       22-01169C-09                                          20092618__
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending s. 206.606, F.S.; requiring the
    4         Fish and Wildlife Conservation Commission rather than
    5         the Department of Revenue to distribute a specified
    6         sum from the Invasive Plant Control Trust Fund to
    7         eradicate melaleuca; amending s. 253.002, F.S.;
    8         setting forth duties of the commission as they relate
    9         to state lands; amending ss. 369.20, 369.22, and
   10         369.25, F.S.; providing that the commission has the
   11         authority to enforce statutes relating to aquatic
   12         weeds and plants; amending s. 379.304, F.S.; providing
   13         that anyone violating the provisions governing the
   14         sale or exhibition of wildlife are subject to
   15         specified penalties relating to captive wildlife;
   16         amending s. 379.338, F.S.; authorizing an
   17         investigating law enforcement agency to dispose of
   18         illegally taken wildlife, freshwater fish, or
   19         saltwater fish in certain specified ways; requiring
   20         that live wildlife, freshwater fish, and saltwater
   21         fish be properly documented as evidence and returned
   22         to the habitat unharmed; requiring that nonnative
   23         species be disposed of in accordance with rules of the
   24         Fish and Wildlife Conservation Commission; providing
   25         for the disposition of furs and hides; requiring that
   26         the proceeds of sales be deposited in the State Game
   27         Trust Fund or the Marine Resources Conservation Trust
   28         Fund; requiring the Fish and Wildlife Conservation
   29         Commission to give to a state, municipal, or county
   30         law enforcement agency that enforces or assists the
   31         commission in enforcing the law all or a portion of
   32         the value of any property forfeited during an
   33         enforcement action; creating s. 379.3381, F.S.;
   34         providing that photographs of wildlife or freshwater
   35         or saltwater fish may be offered into evidence to the
   36         same extent as if the wildlife, freshwater fish, or
   37         saltwater fish were directly introduced as evidence;
   38         requiring that the photograph be accompanied by a
   39         writing containing specified information relating to
   40         the illegal seizure of the wildlife or freshwater or
   41         saltwater fish; requiring that the wildlife or
   42         freshwater or saltwater fish be disposed of as
   43         provided by law; amending s. 379.353, F.S.; providing
   44         that a resident of this state is exempt from paying
   45         certain recreational licenses if the person is
   46         eligible for Medicaid services and has been issued an
   47         identification card by the Agency for Health Care
   48         Administration; repealing s. 379.366(7), F.S.,
   49         relating to the regulation of the commercial
   50         harvesting of blue crabs; amending s. 379.3671, F.S.;
   51         providing that if a certificate issued to a person to
   52         use a spiny lobster trap is not renewed within a
   53         specified period, the certificate will be considered
   54         abandoned and revert to the commission; amending s.
   55         379.3751, F.S.; revising the alligator trapping
   56         agent’s license and the alligator farming agent’s
   57         license to allow the trapper and the farmer to
   58         possess, process, and sell the hides and meat of the
   59         alligator; removing the limitation that an alligator
   60         trapping agent’s license could be issued only in
   61         conjunction with an alligator trapping license;
   62         amending s. 379.3761, F.S.; providing penalties for
   63         the wrongful exhibition or sale of wildlife; amending
   64         s. 379.3762, F.S.; revising penalties for a person who
   65         unlawfully possesses wildlife; amending s. 379.401,
   66         F.S.; making it a level 2 violation for a person to
   67         feed or entice an alligator or crocodile and a level 4
   68         violation for a person to illegally kill, injure, or
   69         capture an alligator or crocodile; amending s.
   70         379.4015, F.S.; making it a level 2 violation for a
   71         person to illegally exhibit of sell wildlife; creating
   72         s. 379.501, F.S.; providing penalties for unlawfully
   73         disturbing aquatic weeds and plants; providing that a
   74         person is liable to the state for any damage caused to
   75         the aquatic weeds or plants and for civil penalties;
   76         providing that if a person willfully harm aquatic
   77         weeds and plants he or she commits a felony of the
   78         third degree; providing criminal penalties; creating
   79         s. 379.502, F.S.; authorizing the commission to seek
   80         judicial or administrative remedies for unlawfully
   81         disturbing aquatic weeds and plants; providing for
   82         procedures; authorizing a respondent to request
   83         mediation; providing for an award of attorney's fees;
   84         providing requirements for calculating administrative
   85         penalties; providing for the administrative law judge
   86         to consider evidence of mitigation; requiring that
   87         penalties be deposited into the Invasive Plant Control
   88         Trust Fund; creating 379.503, F.S.; authorizing the
   89         commission to seek injunctive relief; providing that
   90         the judicial and administrative remedies are
   91         alternative and mutually exclusive; creating s.
   92         379.504, F.S.; providing that anyone who unlawfully
   93         disturbs aquatic weeds or plants is subject to civil
   94         penalties; authorizing a court to impose a civil
   95         penalty for each offense in an amount not to exceed
   96         $10,000 per offense; providing for joint and several
   97         liability; providing for determining the value of fish
   98         killed for purposes of assessing damages; amending s.
   99         403.088, F.S.; requiring the commission to approve a
  100         program intended to control aquatic weeds or algae;
  101         creating s. 15.3055, F.S.; designating the osprey as
  102         the official state bird of Florida; amending s.
  103         319.32, F.S.; increasing the title fee for each
  104         original certificate of title issued for a vehicle
  105         previously registered outside this state, the proceeds
  106         of which are to be paid to the Nongame Wildlife Trust
  107         Fund; amending s. 320.08056,F.S.; increasing the
  108         license plate fees for the Manatee license plate and
  109         the Conserve Wildlife license plate to $25; reenacting
  110         s. 379.209(2), F.S., relating to funds credited to the
  111         Nongame Wildlife Trust Fund, to incorporate an
  112         amendment made to s. 319.32 F.S., in a reference
  113         thereto; reenacting s. 379.3581(7), F.S., relating to
  114         hunting safety, to incorporate the amendment made to
  115         s. 379.353, F.S., in a reference thereto; providing
  116         effective dates.
  117  
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Paragraph (a) of subsection (1) of section
  121  206.606, Florida Statutes, is amended to read:
  122         206.606 Distribution of certain proceeds.—
  123         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
  124  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
  125  Fund. Such moneys, after deducting the service charges imposed
  126  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
  127  administrative costs incurred by the department in collecting,
  128  administering, enforcing, and distributing the tax, which
  129  administrative costs may not exceed 2 percent of collections,
  130  shall be distributed monthly to the State Transportation Trust
  131  Fund, except that:
  132         (a) $6.30 million shall be transferred to the Fish and
  133  Wildlife Conservation Commission in each fiscal year and
  134  deposited in the Invasive Plant Control Trust Fund to be used
  135  for aquatic plant management, including nonchemical control of
  136  aquatic weeds, research into nonchemical controls, and
  137  enforcement activities. Beginning in fiscal year 1993-1994, The
  138  commission department shall allocate at least $1 million of such
  139  funds to the eradication of melaleuca.
  140         Section 2. Section 253.002, Florida Statutes, is amended to
  141  read:
  142         253.002 Department of Environmental Protection, water
  143  management districts, and Department of Agriculture and Consumer
  144  Services, and Fish and Wildlife Conservation Commission; duties
  145  with respect to state lands.—
  146         (1) The Department of Environmental Protection shall
  147  perform all staff duties and functions related to the
  148  acquisition, administration, and disposition of state lands,
  149  title to which is or will be vested in the Board of Trustees of
  150  the Internal Improvement Trust Fund. However, upon the effective
  151  date of rules adopted pursuant to s. 373.427, a water management
  152  district created under s. 373.069 shall perform the staff duties
  153  and functions related to the review of any application for
  154  authorization to use board of trustees-owned submerged lands
  155  necessary for an activity regulated under part IV of chapter 373
  156  for which the water management district has permitting
  157  responsibility as set forth in an operating agreement adopted
  158  pursuant to s. 373.046(4); and the Department of Agriculture and
  159  Consumer Services shall perform the staff duties and functions
  160  related to the review of applications and compliance with
  161  conditions for use of board of trustees-owned submerged lands
  162  under authorizations or leases issued pursuant to ss. 253.67
  163  253.75 and 597.010. Unless expressly prohibited by law, the
  164  board of trustees may delegate to the department any statutory
  165  duty or obligation relating to the acquisition, administration,
  166  or disposition of lands, title to which is or will be vested in
  167  the board of trustees. The board of trustees may also delegate
  168  to any water management district created under s. 373.069 the
  169  authority to take final agency action, without any action on
  170  behalf of the board, on applications for authorization to use
  171  board of trustees-owned submerged lands for any activity
  172  regulated under part IV of chapter 373 for which the water
  173  management district has permitting responsibility as set forth
  174  in an operating agreement adopted pursuant to s. 373.046(4).
  175  This water management district responsibility under this
  176  subsection shall be subject to the department's general
  177  supervisory authority pursuant to s. 373.026(7). The board of
  178  trustees may also delegate to the Department of Agriculture and
  179  Consumer Services the authority to take final agency action on
  180  behalf of the board on applications to use board of trustees
  181  owned submerged lands for any activity for which that department
  182  has responsibility pursuant to ss. 253.67-253.75, and 597.010,
  183  and ss. 369.25-369.251. However, the board of trustees shall
  184  retain the authority to take final agency action on establishing
  185  any areas for leasing, new leases, expanding existing lease
  186  areas, or changing the type of lease activity in existing
  187  leases. Upon issuance of an aquaculture lease or other real
  188  property transaction relating to aquaculture, the Department of
  189  Agriculture and Consumer Services must send a copy of the
  190  document and the accompanying survey to the Department of
  191  Environmental Protection. The board of trustees may also
  192  delegate to the Fish and Wildlife Conservation Commission the
  193  authority to take final agency action, without any action on
  194  behalf of the board, on applications for authorization to use
  195  board of trustees-owned submerged lands for any activity
  196  regulated under ss. 369.20 and 369.22 s. 369.20.
  197         (2) Delegations to the department, or a water management
  198  district, or the Department of Agriculture and Consumer Services
  199  of authority to take final agency action on applications for
  200  authorization to use submerged lands owned by the board of
  201  trustees, without any action on behalf of the board of trustees,
  202  shall be by rule. Until rules adopted pursuant to this
  203  subsection become effective, existing delegations by the board
  204  of trustees shall remain in full force and effect. However, the
  205  board of trustees is not limited or prohibited from amending
  206  these delegations. The board of trustees shall adopt by rule any
  207  delegations of its authority to take final agency action without
  208  action by the board of trustees on applications for
  209  authorization to use board of trustees-owned submerged lands.
  210  Any final agency action, without action by the board of
  211  trustees, taken by the department, or a water management
  212  district, or the Department of Agriculture and Consumer Services
  213  on applications to use board of trustees-owned submerged lands
  214  shall be subject to the provisions of s. 373.4275.
  215  Notwithstanding any other provision of this subsection, the
  216  board of trustees, the Department of Legal Affairs, and the
  217  department retain the concurrent authority to assert or defend
  218  title to submerged lands owned by the board of trustees.
  219         Section 3. Subsection (13) is added to section 369.20,
  220  Florida Statutes, to read:
  221         369.20 Florida Aquatic Weed Control Act.—
  222         (13)The commission has the power to enforce this section
  223  as provided in ss. 379.501-379.504.
  224         Section 4. Subsection (13) is added to section 369.22,
  225  Florida Statutes, to read:
  226         369.22 Aquatic plant management.—
  227         (13)The commission has the power to enforce this section
  228  as provided in ss. 379.501-379.504.
  229         Section 5. Paragraph (j) of subsection (3) of section
  230  369.25, Florida Statutes, is amended to read:
  231         369.25 Aquatic plants; definitions; permits; powers of
  232  department; penalties.—
  233         (3) The department has the following powers:
  234         (j) To enforce ss. 369.25 and 369.251 this chapter in the
  235  same manner and to the same extent as provided in s. 581.211.
  236         Section 6. Subsections (1) and (5) of section 379.304,
  237  Florida Statutes, are amended to read:
  238         379.304 Exhibition or sale of wildlife.—
  239         (1) Permits issued pursuant to s. 379.3761 this section and
  240  places where wildlife is kept or held in captivity shall be
  241  subject to inspection by officers of the commission at all
  242  times. The commission shall have the power to release or
  243  confiscate any specimens of any wildlife, specifically birds,
  244  mammals, amphibians, or reptiles, whether indigenous to the
  245  state or not, when it is found that conditions under which they
  246  are being confined are unsanitary, or unsafe to the public in
  247  any manner, or that the species of wildlife are being
  248  maltreated, mistreated, or neglected or kept in any manner
  249  contrary to the provisions of chapter 828, any such permit to
  250  the contrary notwithstanding. Before any such wildlife is
  251  confiscated or released under the authority of this section, the
  252  owner thereof shall have been advised in writing of the
  253  existence of such unsatisfactory conditions; the owner shall
  254  have been given 30 days in which to correct such conditions; the
  255  owner shall have failed to correct such conditions; the owner
  256  shall have had an opportunity for a proceeding pursuant to
  257  chapter 120; and the commission shall have ordered such
  258  confiscation or release after careful consideration of all
  259  evidence in the particular case in question. The final order of
  260  the commission shall constitute final agency action.
  261         (5) A violation of this section is punishable as provided
  262  by s. 379.4015 s. 379.401.
  263         Section 7. Section 379.338, Florida Statutes, is amended to
  264  read:
  265         379.338 Confiscation and disposition of illegally taken
  266  wildlife, freshwater fish, and saltwater fish game.—
  267         (1) All game wildlife, and freshwater fish, and saltwater
  268  fish seized under the authority of this or any other chapter or
  269  rules of the commission shall, upon conviction of the offender
  270  or sooner in accordance with a if the court order so orders, be
  271  forfeited to the investigating law enforcement agency. The law
  272  enforcement agency may elect to retain the wildlife, freshwater
  273  fish, or saltwater fish for the agency’s official use; transfer
  274  the wildlife, freshwater fish, or saltwater fish to another unit
  275  of state or local government for official use; donate the
  276  wildlife, freshwater fish, or saltwater fish to a charitable
  277  organization; sell the game, wildlife, freshwater fish, or
  278  saltwater fish at public sale under s. 705.103; or destroy the
  279  wildlife, freshwater fish, or saltwater fish if none of the
  280  other options are practicable or if the wildlife, freshwater
  281  fish, or saltwater fish is unwholesome or otherwise not of
  282  appreciable value. All illegally possessed live wildlife,
  283  freshwater fish, and saltwater fish must be properly documented
  284  as evidence as provided in s. 379.3381 and returned to the
  285  habitat unharmed. Nonnative species may be released only as
  286  allowed by rules of the commission. Any unclaimed wildlife,
  287  freshwater fish, or saltwater fish must be retained by the
  288  investigating law enforcement agency and disposed of in
  289  accordance with this section and given to some hospital or
  290  charitable institution and receipt therefor sent to the Fish and
  291  Wildlife Conservation Commission.
  292         (2) All furs or hides or fur-bearing animals seized under
  293  the authority of this chapter shall, upon conviction of the
  294  offender, be forfeited and sent to the commission, which shall
  295  sell the same and deposit the proceeds of such sale to the
  296  credit of the State Game Trust Fund. If any such hides or furs
  297  are seized and the offender is unknown, the court shall order
  298  such hides or furs sent to the Fish and Wildlife Conservation
  299  Commission, which shall sell such hides and furs. and deposit
  300         (3) The proceeds of any such sale under this section must
  301  be remitted to the Department of Revenue to be deposited to the
  302  credit of the State Game Trust Fund or the Marine Resources
  303  Conservation Trust Fund.
  304         (4)The Fish and Wildlife Conservation Commission shall
  305  give to a state, municipal, or county law enforcement agency
  306  that enforces or assists the commission in enforcing this
  307  chapter all or a portion of the value of any property forfeited
  308  during an enforcement action, based upon the percentage of
  309  participation by the state, municipal, or county law enforcement
  310  agency in the enforcement action.
  311         Section 8. Section 379.3381, Florida Statutes, is created
  312  to read:
  313         379.3381Photographs of illegally taken wildlife or
  314  freshwater or saltwater fish.—In any prosecution for a violation
  315  of this chapter or the rules of the commission, a photograph of
  316  the illegally taken wildlife, freshwater fish, or saltwater fish
  317  may be considered as competent evidence of the wildlife,
  318  freshwater fish, or saltwater fish and is admissible in the
  319  prosecution of the case to the same extent as if the wildlife,
  320  freshwater fish, or saltwater fish were introduced as evidence.
  321  The photograph shall bear a written description of the wildlife,
  322  freshwater fish, or saltwater fish alleged to have been
  323  illegally taken, the name of the violator, the location where
  324  the alleged illegal taking occurred, the name of the
  325  investigating law enforcement officer, the date the photograph
  326  was taken, and the name of the photographer. The writing must be
  327  made under oath by the investigating law enforcement officer,
  328  and the photograph shall be identified by the signature of the
  329  photographer. Upon the filing of the photograph and writing with
  330  the law enforcement agency or court, the wildlife, freshwater
  331  fish, or saltwater fish may be disposed of in accordance with s.
  332  379.338.
  333         Section 9. Subsection (2) of section 379.353, Florida
  334  Statutes, is amended to read:
  335         379.353 Recreational licenses and permits; exemptions from
  336  fees and requirements.—
  337         (2) A hunting, freshwater fishing, or saltwater fishing
  338  license or permit is not required for:
  339         (a) Any child under 16 years of age, except as otherwise
  340  provided in this part.
  341         (b) Any person hunting or freshwater fishing on her or his
  342  homestead property, or on the homestead property of the person's
  343  spouse or minor child; or any minor child hunting or freshwater
  344  fishing on the homestead property of her or his parent.
  345         (c) Any resident who is a member of the United States Armed
  346  Forces and not stationed in this state, when home on leave for
  347  30 days or less, upon submission of orders.
  348         (d) Any resident freshwater fishing for recreational
  349  purposes only, within her or his county of residence with live
  350  or natural bait, using poles or lines not equipped with a
  351  fishing line retrieval mechanism. This exemption does not apply
  352  to residents fishing in a legally established fish management
  353  area.
  354         (e) Any person freshwater fishing in a fish pond of 20
  355  acres or less that is located entirely within the private
  356  property of the fish pond owner.
  357         (f) Any person freshwater fishing in a fish pond that is
  358  licensed in accordance with s. 379.356.
  359         (g) Any person fishing who has been accepted as a client
  360  for developmental disabilities services by the Department of
  361  Children and Family Services, provided the department furnishes
  362  proof thereof.
  363         (h) Any resident saltwater fishing from land or from a
  364  structure fixed to the land who has been determined eligible for
  365  Medicaid services by the Department of Children and Family
  366  Services or by the Social Security Administration and who has
  367  been issued an identification card by the Florida Medicaid
  368  Program of the Agency for Health Care Administration. The client
  369  must have in his or her possession the identification card and
  370  positive proof of identification when fishing.
  371         (i) Any person saltwater fishing from a vessel licensed
  372  pursuant to s. 379.354(7).
  373         (j) Any person saltwater fishing from a vessel the operator
  374  of which is licensed pursuant to s. 379.354(7).
  375         (k) Any person saltwater fishing who holds a valid
  376  saltwater products license issued under s. 379.361(2).
  377         (l) Any person saltwater fishing for recreational purposes
  378  from a pier licensed under s. 379.354.
  379         (m)Any resident fishing for a saltwater species in fresh
  380  water from land or from a structure fixed to land.
  381         (m)(n) Any resident fishing for mullet in fresh water who
  382  has a valid Florida freshwater fishing license.
  383         (n)(o) Any resident 65 years of age or older who has in her
  384  or his possession proof of age and residency. A no-cost license
  385  under this paragraph may be obtained from any tax collector's
  386  office upon proof of age and residency and must be in the
  387  possession of the resident during hunting, freshwater fishing,
  388  and saltwater fishing activities.
  389         (o)(p) Any employee of the commission who takes freshwater
  390  fish, saltwater fish, or game as part of employment with the
  391  commission, or any other person authorized by commission permit
  392  to take freshwater fish, saltwater fish, or game for scientific
  393  or educational purposes.
  394         (p)(q) Any resident recreationally freshwater fishing who
  395  holds a valid commercial fishing license issued under s.
  396  379.3625(1)(a).
  397         Section 10. Subsection (7) of section 379.366, Florida
  398  Statutes, is repealed.
  399         Section 11. Paragraph (c) of subsection (2) of section
  400  379.3671, Florida Statutes, is amended to read:
  401         379.3671 Spiny lobster trap certificate program.—
  402         (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
  403  PENALTIES.—The Fish and Wildlife Conservation Commission shall
  404  establish a trap certificate program for the spiny lobster
  405  fishery of this state and shall be responsible for its
  406  administration and enforcement as follows:
  407         (c) Prohibitions; penalties.—
  408         1. It is unlawful for a person to possess or use a spiny
  409  lobster trap in or on state waters or adjacent federal waters
  410  without having affixed thereto the trap tag required by this
  411  section. It is unlawful for a person to possess or use any other
  412  gear or device designed to attract and enclose or otherwise aid
  413  in the taking of spiny lobster by trapping that is not a trap as
  414  defined by commission rule.
  415         2. It is unlawful for a person to possess or use spiny
  416  lobster trap tags without having the necessary number of
  417  certificates on record as required by this section.
  418         3. It is unlawful for any person to willfully molest, take
  419  possession of, or remove the contents of another harvester's
  420  spiny lobster trap without the express written consent of the
  421  trap owner available for immediate inspection. Unauthorized
  422  possession of another's trap gear or removal of trap contents
  423  constitutes theft.
  424         a. A commercial harvester who violates this subparagraph
  425  shall be punished under ss. 379.367 and 379.407. Any commercial
  426  harvester receiving a judicial disposition other than dismissal
  427  or acquittal on a charge of theft of or from a trap pursuant to
  428  this subparagraph or s. 379.402 shall, in addition to the
  429  penalties specified in ss. 379.367 and 379.407 and the
  430  provisions of this section, permanently lose all his or her
  431  saltwater fishing privileges, including his or her saltwater
  432  products license, spiny lobster endorsement, and all trap
  433  certificates allotted to him or her through this program. In
  434  such cases, trap certificates and endorsements are
  435  nontransferable.
  436         b. Any commercial harvester receiving a judicial
  437  disposition other than dismissal or acquittal on a charge of
  438  willful molestation of a trap, in addition to the penalties
  439  specified in ss. 379.367 and 379.407, shall lose all saltwater
  440  fishing privileges for a period of 24 calendar months.
  441         c. In addition, any commercial harvester charged with
  442  violating this subparagraph and receiving a judicial disposition
  443  other than dismissal or acquittal for violating this
  444  subparagraph or s. 379.402 shall also be assessed an
  445  administrative penalty of up to $5,000.
  446  
  447  Immediately upon receiving a citation for a violation involving
  448  theft of or from a trap, or molestation of a trap, and until
  449  adjudicated for such a violation or, upon receipt of a judicial
  450  disposition other than dismissal or acquittal of such a
  451  violation, the commercial harvester committing the violation is
  452  prohibited from transferring any spiny lobster trap certificates
  453  and endorsements.
  454         4. In addition to any other penalties provided in s.
  455  379.407, a commercial harvester who violates the provisions of
  456  this section or commission rules relating to spiny lobster traps
  457  shall be punished as follows:
  458         a. If the first violation is for violation of subparagraph
  459  1. or subparagraph 2., the commission shall assess an additional
  460  administrative penalty of up to $1,000. For all other first
  461  violations, the commission shall assess an additional
  462  administrative penalty of up to $500.
  463         b. For a second violation of subparagraph 1. or
  464  subparagraph 2. which occurs within 24 months of any previous
  465  such violation, the commission shall assess an additional
  466  administrative penalty of up to $2,000 and the spiny lobster
  467  endorsement issued under s. 379.367(2) or (6) may be suspended
  468  for the remainder of the current license year.
  469         c. For a third or subsequent violation of subparagraph 1.,
  470  subparagraph 2., or subparagraph 3. which occurs within 36
  471  months of any previous two such violations, the commission shall
  472  assess an additional administrative penalty of up to $5,000 and
  473  may suspend the spiny lobster endorsement issued under s.
  474  379.367(2) or (6) for a period of up to 24 months or may revoke
  475  the spiny lobster endorsement and, if revoking the spiny lobster
  476  endorsement, may also proceed against the licenseholder's
  477  saltwater products license in accordance with the provisions of
  478  s. 379.407(2)(h).
  479         d. Any person assessed an additional administrative penalty
  480  pursuant to this section shall within 30 calendar days after
  481  notification:
  482         (I) Pay the administrative penalty to the commission; or
  483         (II) Request an administrative hearing pursuant to the
  484  provisions of ss. 120.569 and 120.57.
  485         e. The commission shall suspend the spiny lobster
  486  endorsement issued under s. 379.367(2) or (6) for any person
  487  failing to comply with the provisions of sub-subparagraph d.
  488         5.a. It is unlawful for any person to make, alter, forge,
  489  counterfeit, or reproduce a spiny lobster trap tag or
  490  certificate.
  491         b. It is unlawful for any person to knowingly have in his
  492  or her possession a forged, counterfeit, or imitation spiny
  493  lobster trap tag or certificate.
  494         c. It is unlawful for any person to barter, trade, sell,
  495  supply, agree to supply, aid in supplying, or give away a spiny
  496  lobster trap tag or certificate or to conspire to barter, trade,
  497  sell, supply, aid in supplying, or give away a spiny lobster
  498  trap tag or certificate unless such action is duly authorized by
  499  the commission as provided in this chapter or in the rules of
  500  the commission.
  501         6.a. Any commercial harvester who violates the provisions
  502  of subparagraph 5., or any commercial harvester who engages in
  503  the commercial harvest, trapping, or possession of spiny lobster
  504  without a spiny lobster endorsement as required by s. 379.367(2)
  505  or (6) or during any period while such spiny lobster endorsement
  506  is under suspension or revocation, commits a felony of the third
  507  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  508  775.084.
  509         b. In addition to any penalty imposed pursuant to sub
  510  subparagraph a., the commission shall levy a fine of up to twice
  511  the amount of the appropriate surcharge to be paid on the fair
  512  market value of the transferred certificates, as provided in
  513  subparagraph (a)1., on any commercial harvester who violates the
  514  provisions of sub-subparagraph 5.c.
  515         c. In addition to any penalty imposed pursuant to sub
  516  subparagraph a., any commercial harvester receiving any judicial
  517  disposition other than acquittal or dismissal for a violation of
  518  subparagraph 5. shall be assessed an administrative penalty of
  519  up to $5,000, and the spiny lobster endorsement under which the
  520  violation was committed may be suspended for up to 24 calendar
  521  months. Immediately upon issuance of a citation involving a
  522  violation of subparagraph 5. and until adjudication of such a
  523  violation, and after receipt of any judicial disposition other
  524  than acquittal or dismissal for such a violation, the commercial
  525  harvester holding the spiny lobster endorsement listed on the
  526  citation is prohibited from transferring any spiny lobster trap
  527  certificates.
  528         d. Any other person who violates the provisions of
  529  subparagraph 5. commits a Level Four violation under s. 379.401.
  530         7. Until the 2010-2011 license year, any certificates for
  531  which the annual certificate fee is not paid for a period of 3
  532  years shall be considered abandoned and shall revert to the
  533  commission. Beginning with the 2010-2011 license year, any
  534  certificate for which the annual certificate fee is not paid for
  535  a period of 2 consecutive years shall be considered abandoned
  536  and shall revert to the commission. During any period of trap
  537  reduction, any certificates reverting to the commission shall
  538  become permanently unavailable and be considered in that amount
  539  to be reduced during the next license-year period. Otherwise,
  540  any certificates that revert to the commission are to be
  541  reallotted in such manner as provided by the commission.
  542         8. The proceeds of all administrative penalties collected
  543  pursuant to subparagraph 4. and all fines collected pursuant to
  544  sub-subparagraph 6.b. shall be deposited into the Marine
  545  Resources Conservation Trust Fund.
  546         9. All traps shall be removed from the water during any
  547  period of suspension or revocation.
  548         10. Except as otherwise provided, any person who violates
  549  this paragraph commits a Level Two violation under s. 379.401.
  550         Section 12. Paragraphs (c), (d), and (e) of subsection (2)
  551  of section 379.3751, Florida Statutes, are amended to read:
  552         379.3751 Taking and possession of alligators; trapping
  553  licenses; fees.—
  554         (2) The license and issuance fee, and the activity
  555  authorized thereby, shall be as follows:
  556         (c) The annual fee for issuance of an alligator trapping
  557  agent's license, which permits a person to act as an agent of
  558  any person who has been issued a resident or nonresident
  559  alligator trapping license as provided in paragraph (a) or
  560  paragraph (b), and to take alligators occurring in the wild
  561  other than alligator hatchlings, and to possess and process
  562  alligators taken under authority of such agency relationship,
  563  and to possess, process, or sell their hides and meat, shall be
  564  $50. Such alligator trapping agent's license shall be issued
  565  only in conjunction with an alligator trapping license and shall
  566  bear on its face in indelible ink the name and license number of
  567  the alligator trapping licenseholder for whom the holder of this
  568  license is acting as an agent.
  569         (d) The annual fee for issuance of an alligator farming
  570  license, which permits a person to operate a facility for
  571  captive propagation of alligators, to possess alligators for
  572  captive propagation, to take alligator hatchlings and alligator
  573  eggs occurring in the wild, to rear such alligators, alligator
  574  hatchlings, and alligator eggs in captivity, to process
  575  alligators taken or possessed under authority of such alligator
  576  farming license or otherwise legally acquired, and to possess,
  577  process, or sell their hides and meat, shall be $250.
  578         (e) The annual fee for issuance of an alligator farming
  579  agent's license, which permits a person to act as an agent of
  580  any person who has been issued an alligator farming license as
  581  provided in paragraph (d), and to take alligator hatchlings and
  582  alligator eggs occurring in the wild, and to possess and process
  583  alligators taken under authority of such agency relationship,
  584  and to possess, process, or sell their hides and meat, shall be
  585  $50. Such license shall be issued only in conjunction with an
  586  alligator farming license, and shall bear on its face in
  587  indelible ink the name and license number of the alligator
  588  farming licenseholder for whom the holder of this license is
  589  acting as an agent.
  590         Section 13. Subsection (6) is added to section 379.3761,
  591  Florida Statutes, to read:
  592         379.3761 Exhibition or sale of wildlife; fees;
  593  classifications.—
  594         (6)A person who violates this section shall be punished as
  595  provided in s. 379.4015
  596         Section 14. Subsection (5) of section 379.3762, Florida
  597  Statutes, is amended to read:
  598         379.3762 Personal possession of wildlife.—
  599         (5) Persons in violation of this section shall be
  600  punishable as provided in s. 379.4015 s. 379.401.
  601         Section 15. Paragraph (a) of subsection (2) and paragraph
  602  (a) of subsection (4) of section 379.401, Florida Statutes, are
  603  amended to read:
  604         379.401 Penalties and violations; civil penalties for
  605  noncriminal infractions; criminal penalties; suspension and
  606  forfeiture of licenses and permits.—
  607         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
  608  violation if he or she violates any of the following provisions:
  609         1. Rules or orders of the commission relating to seasons or
  610  time periods for the taking of wildlife, freshwater fish, or
  611  saltwater fish.
  612         2. Rules or orders of the commission establishing bag,
  613  possession, or size limits or restricting methods of taking
  614  wildlife, freshwater fish, or saltwater fish.
  615         3. Rules or orders of the commission prohibiting access or
  616  otherwise relating to access to wildlife management areas or
  617  other areas managed by the commission.
  618         4. Rules or orders of the commission relating to the
  619  feeding of wildlife, freshwater fish, or saltwater fish.
  620         5. Rules or orders of the commission relating to landing
  621  requirements for freshwater fish or saltwater fish.
  622         6. Rules or orders of the commission relating to restricted
  623  hunting areas, critical wildlife areas, or bird sanctuaries.
  624         7. Rules or orders of the commission relating to tagging
  625  requirements for game and fur-bearing animals.
  626         8. Rules or orders of the commission relating to the use of
  627  dogs for the taking of game.
  628         9. Rules or orders of the commission which are not
  629  otherwise classified.
  630         10. Rules or orders of the commission prohibiting the
  631  unlawful use of finfish traps.
  632         11. All prohibitions in this chapter which are not
  633  otherwise classified.
  634         12. Section 379.33, prohibiting the violation of or
  635  noncompliance with commission rules.
  636         13. Section 379.407(6), prohibiting the sale, purchase,
  637  harvest, or attempted harvest of any saltwater product with
  638  intent to sell.
  639         14. Section 379.2421, prohibiting the obstruction of
  640  waterways with net gear.
  641         15. Section 379.413, prohibiting the unlawful taking of
  642  bonefish.
  643         16. Section 379.365(2)(a) and (b), prohibiting the
  644  possession or use of stone crab traps without trap tags and
  645  theft of trap contents or gear.
  646         17. Section 379.366(4)(b), prohibiting the theft of blue
  647  crab trap contents or trap gear.
  648         18. Section 379.3671(2)(c), prohibiting the possession or
  649  use of spiny lobster traps without trap tags or certificates and
  650  theft of trap contents or trap gear.
  651         19. Section 379.357, prohibiting the possession of tarpon
  652  without purchasing a tarpon tag.
  653         20. Rules of the commission Section 379.409, prohibiting
  654  the feeding or enticement of alligators or crocodiles.
  655         21. Section 379.105, prohibiting the intentional harassment
  656  of hunters, fishers, or trappers.
  657         (4)(a) LEVEL FOUR VIOLATIONS.—A person commits a Level Four
  658  violation if he or she violates any of the following provisions:
  659         1. Section 379.365(2)(c), prohibiting criminal activities
  660  relating to the taking of stone crabs.
  661         2. Section 379.366(4)(c), prohibiting criminal activities
  662  relating to the taking and harvesting of blue crabs.
  663         3. Section 379.367(4), prohibiting the willful molestation
  664  of spiny lobster gear.
  665         4. Section 379.3671(2)(c)5., prohibiting the unlawful
  666  reproduction, possession, sale, trade, or barter of spiny
  667  lobster trap tags or certificates.
  668         5. Section 379.354(16), prohibiting the making, forging,
  669  counterfeiting, or reproduction of a recreational license or
  670  possession of same without authorization from the commission.
  671         6. Section 379.404(5), prohibiting the sale of illegally
  672  taken deer or wild turkey.
  673         7. Section 379.405, prohibiting the molestation or theft of
  674  freshwater fishing gear.
  675         8.Section 379.409, prohibiting the illegal killing,
  676  injuring, possession, or capture of an alligator or other
  677  crocodilian or eggs thereof.
  678         Section 16. Paragraph (a) of subsection (2) of section
  679  379.4015, Florida Statutes, is amended to read:
  680         379.4015 Captive wildlife penalties.—
  681         (2) LEVEL TWO.—Unless otherwise provided by law, the
  682  following classifications and penalties apply:
  683         (a) A person commits a Level Two violation if he or she
  684  violates any of the following provisions:
  685         1. Unless otherwise stated in subsection (1), rules or
  686  orders of the commission that require a person to pay a fee to
  687  obtain a permit to possess captive wildlife or that require the
  688  maintenance of records relating to captive wildlife.
  689         2. Rules or orders of the commission relating to captive
  690  wildlife not specified in subsection (1) or subsection (3).
  691         3. Rules or orders of the commission that require housing
  692  of wildlife in a safe manner when a violation results in an
  693  escape of wildlife other than Class I wildlife.
  694         4. Section 379.372, relating to capturing, keeping,
  695  possessing, transporting, or exhibiting venomous reptiles or
  696  reptiles of concern.
  697         5. Section 379.373, relating to requiring a license or
  698  permit for the capturing, keeping, possessing, or exhibiting of
  699  venomous reptiles or reptiles of concern.
  700         6. Section 379.374, relating to bonding requirements for
  701  public exhibits of venomous reptiles.
  702         7. Section 379.305, relating to commission rules and
  703  regulations to prevent the escape of venomous reptiles or
  704  reptiles of concern.
  705         8. Section 379.304, relating to exhibition or sale of
  706  wildlife.
  707         9. Section 379.3762, relating to personal possession of
  708  wildlife.
  709         10.Section 379.3761, relating to exhibition or sale of
  710  wildlife.
  711         Section 17. Section 379.501, Florida Statutes, is created
  712  to read:
  713         379.501Aquatic weeds or plants; prohibitions, violation,
  714  penalty, intent.—
  715         (1)A person may not:
  716         (a)Violate this section or any provision of s. 369.20 or
  717  s. 369.22 related to aquatic weeds or plants;
  718         (b)Fail to obtain any permit required by s. 369.20 or s.
  719  369.22 or by commission rule implementing s. 369.20 or s.
  720  369.22, or violate or fail to comply with any rule, regulation,
  721  order, permit, or certification adopted or issued by the
  722  commission pursuant to s. 369.20 or s. 369.22; or
  723         (c)Knowingly make any false statement, representation, or
  724  certification in any application, record, report, plan, or other
  725  document filed or required to be maintained under s. 369.20 or
  726  s. 369.22, or to falsify, tamper with, or knowingly render
  727  inaccurate any monitoring device or method required to be
  728  maintained under s. 369.20 or s. 369.22 or by any permit, rule,
  729  regulation, or order issued under s. 369.20 or s. 369.22.
  730         (2) Any person who violates any provision specified in
  731  subsection (1) is liable to the state for any damage caused to
  732  the aquatic weeds or plants and for civil penalties as provided
  733  in s. 379.502.
  734         (3)Any person who willfully commits a violation of
  735  paragraph (1)(a) commits a felony of the third degree,
  736  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  737  Each day during any portion of which such violation occurs
  738  constitutes a separate offense.
  739         (4)Any person who commits a violation specified in
  740  paragraph (1)(a) due to reckless indifference or gross careless
  741  disregard commits a misdemeanor of the second degree, punishable
  742  as provided in s. 775.082 or s. 775.083.
  743         (5)Any person who willfully commits a violation specified
  744  in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
  745  the first degree, punishable as provided in s. 775.082 or s.
  746  775.083.
  747         (6)It is the intent of the Legislature that the civil
  748  penalties and criminal fines imposed by a court be of such an
  749  amount as to ensure immediate and continued compliance with this
  750  section.
  751         (7)Penalties assessed pursuant to ss. 379.501-379.504 are
  752  in addition to any penalties assessed by the Department of
  753  Environmental Protection pursuant to chapter 403.
  754         Section 18. Section 379.502, Florida Statutes, is created
  755  to read:
  756         379.502Enforcement; procedure; remedies.—The commission
  757  has the following judicial and administrative remedies available
  758  to it for violations of s. 379.501.
  759         (1)(a)The commission may institute a civil action in a
  760  court of competent jurisdiction to establish liability and to
  761  recover damages for any injury to the waters or property of the
  762  state, including animal, plant, and aquatic life, caused by any
  763  violation of s. 379.501.
  764         (b)The commission may institute a civil action in a court
  765  of competent jurisdiction to impose and to recover a civil
  766  penalty for each violation in an amount of not more than $10,000
  767  per offense. However, the court may receive evidence in
  768  mitigation. Each day, during any portion of which such violation
  769  occurs, constitutes a separate offense.
  770         (c)Except as provided in paragraph (2)(c), the fact that
  771  the commission has failed to exhaust its administrative
  772  remedies, has failed to serve a notice of violation, or has
  773  failed to hold an administrative hearing before initiating a
  774  civil action is not a defense to, or grounds for dismissal of,
  775  the judicial remedies for damages and civil penalties.
  776         (2)(a)The commission may institute an administrative
  777  proceeding to establish liability and to recover damages for any
  778  injury to the waters or property of the state, including animal,
  779  plant, or aquatic life, caused by any violation of s. 379.501.
  780  The commission may order that the violator pay a specified sum
  781  as damages to the state. Judgment for the amount of damages
  782  determined by the commission may be entered in any court having
  783  jurisdiction thereof and may be enforced as any other judgment.
  784         (b)If the commission has reason to believe that a
  785  violation has occurred, it may institute an administrative
  786  proceeding to order the prevention, abatement, or control of the
  787  conditions creating the violation or other appropriate
  788  corrective action. The commission shall proceed administratively
  789  in all cases in which the commission seeks administrative
  790  penalties that do not exceed $10,000 per assessment as
  791  calculated in accordance with subsections (3), (4), (5), and
  792  (6). The commission may not impose administrative penalties in
  793  excess of $10,000 in a notice of violation. The commission may
  794  not have more than one notice of violation seeking
  795  administrative penalties pending against the same party at the
  796  same time unless the violations occurred at a different site or
  797  the violations were discovered by the commission subsequent to
  798  the filing of a previous notice of violation.
  799         (c)An administrative proceeding shall be instituted by the
  800  commission's serving of a written notice of violation upon the
  801  alleged violator by certified mail. If the commission is unable
  802  to effect service by certified mail, the notice of violation may
  803  be hand delivered or personally served in accordance with
  804  chapter 48. The notice shall specify the provision of the law,
  805  rule, regulation, permit, certification, or order of the
  806  commission alleged to have been violated and the facts alleged
  807  to constitute a violation thereof. An order for corrective
  808  action, penalty assessment, or damages may be included along
  809  with the notice. If the commission is seeking to impose an
  810  administrative penalty for any violation of s. 379.501 by
  811  issuing a notice of violation, any corrective action needed to
  812  correct the violation or damages caused by the violation must be
  813  pursued in the notice of violation or they are waived. However,
  814  an order does not become effective until after service and an
  815  administrative hearing, if requested within 20 days after
  816  service. Failure to request an administrative hearing within
  817  this period constitutes a waiver, unless the respondent files a
  818  written notice with the commission within this period opting out
  819  of the administrative process initiated by the commission. Any
  820  respondent choosing to opt out of the administrative process
  821  initiated by the commission must file a written notice with the
  822  commission within 20 days after service of the notice of
  823  violation opting out of the administrative process. A
  824  respondent's decision to opt out of the administrative process
  825  does not preclude the commission from initiating a state court
  826  action seeking injunctive relief, damages, and the judicial
  827  imposition of civil penalties.
  828         (d)If a person timely files a petition challenging a
  829  notice of violation, that person will thereafter be referred to
  830  as the respondent. The hearing requested by the respondent shall
  831  be held within 180 days after the commission has referred the
  832  initial petition to the Division of Administrative Hearings
  833  unless the parties agree to a later date. The commission has the
  834  burden of proving by the preponderance of the evidence that the
  835  respondent is responsible for the violation. An administrative
  836  penalty may not be imposed unless the commission satisfies that
  837  burden. Following the close of the hearing, the administrative
  838  law judge shall issue a final order on all matters, including
  839  the imposition of an administrative penalty. If the commission
  840  seeks to enforce that portion of a final order imposing
  841  administrative penalties pursuant to s. 120.69, the respondent
  842  may not assert as a defense the inappropriateness of the
  843  administrative remedy. The commission retains its final-order
  844  authority in all administrative actions that do not request the
  845  imposition of administrative penalties.
  846         (e)After filing a petition requesting a formal hearing in
  847  response to a notice of violation, a respondent may request that
  848  a private mediator be appointed to mediate the dispute by
  849  contacting the Florida Conflict Resolution Consortium within 10
  850  days after receipt of the initial order from the administrative
  851  law judge. The Florida Conflict Resolution Consortium shall pay
  852  all of the costs of the mediator and for up to 8 hours of the
  853  mediator's time per case at $150 per hour. Upon notice from the
  854  respondent, the Florida Conflict Resolution Consortium shall
  855  provide the respondent with a panel of possible mediators from
  856  the area in which the hearing on the petition would be heard.
  857  The respondent shall select the mediator and notify the Florida
  858  Conflict Resolution Consortium of the selection within 15 days
  859  after receipt of the proposed panel of mediators. The Florida
  860  Conflict Resolution Consortium shall provide all of the
  861  administrative support for the mediation process. The mediation
  862  must be completed at least 15 days before the final hearing date
  863  set by the administrative law judge.
  864         (f)In any administrative proceeding brought by the
  865  commission, the prevailing party shall recover all costs as
  866  provided in ss. 57.041 and 57.071. The costs must be included in
  867  the final order. The respondent is the prevailing party when an
  868  order is entered awarding no penalties to the commission and the
  869  order has not been reversed on appeal or the time for seeking
  870  judicial review has expired. The respondent is entitled to an
  871  award of attorney's fees if the administrative law judge
  872  determines that the notice of violation issued by the commission
  873  was not substantially justified as defined in s. 57.111(3)(e).
  874  An award of attorney's fees as provided by this subsection may
  875  not exceed $15,000.
  876         (g)This section does not prevent any other legal or
  877  administrative action in accordance with law. This subsection
  878  does not limit the commission's authority set forth in this
  879  section and ss. 379.503 and 379.504 to judicially pursue
  880  injunctive relief. If the commission exercises its authority to
  881  judicially pursue injunctive relief, penalties in any amount up
  882  to the statutory maximum sought by the commission must be
  883  pursued as part of the state court action and not by initiating
  884  a separate administrative proceeding. The commission retains the
  885  authority to judicially pursue penalties in excess of $10,000
  886  for violations not specifically included in the administrative
  887  penalty schedule, or for multiple or multiday violations alleged
  888  to exceed a total of $10,000. The commission also retains the
  889  authority provided in this section and ss. 379.503 and 379.504
  890  to judicially pursue injunctive relief and damages, if a notice
  891  of violation seeking the imposition of administrative penalties
  892  has not been issued. The commission may enter into a settlement
  893  before or after initiating a notice of violation, and the
  894  settlement may include a penalty amount that is different from
  895  the administrative penalty schedule. Any case filed in state
  896  court because it is alleged to exceed a total of $10,000 in
  897  penalties may be settled in the court action for less than
  898  $10,000.
  899         (h)Chapter 120 does apply to any administrative action
  900  taken by the commission under this section or any delegated
  901  program pursuing administrative penalties in accordance with
  902  this section.
  903         (3)Administrative penalties must be calculated according
  904  to the following schedule:
  905         (a)For violations of s. 379.501(1)(a) or (b), $3,000.
  906         (b)For failure to conduct required monitoring or testing
  907  in compliance with a permit, $2,000.
  908         (c)For failure to prepare, submit, maintain, or use
  909  required reports or other required documentation, $500.
  910         (d)For failure to comply with any other regulatory statute
  911  or rule requirement relating to the administration of the
  912  commission’s powers under s. 369.20 or s. 369.22 not otherwise
  913  identified in this section, $500.
  914         (4)For each additional day during which a violation
  915  occurs, the administrative penalties in subsection (3) may be
  916  assessed per day, per violation.
  917         (5)The history of noncompliance of the violator for any
  918  previous violation resulting in an executed consent order, but
  919  not including a consent order entered into without a finding of
  920  violation, or resulting in a final order or judgment on or after
  921  July 1, 2009, involving the imposition of $2,000 or more in
  922  penalties, shall be taken into consideration in the following
  923  manner:
  924         (a)One previous such violation within 5 years prior to the
  925  filing of the notice of violation shall result in a 25 percent
  926  per day increase in the scheduled administrative penalty.
  927         (b)Two previous such violations within 5 years prior to
  928  the filing of the notice of violation shall result in a 50
  929  percent per day increase in the scheduled administrative
  930  penalty.
  931         (c)Three or more previous such violations within 5 years
  932  before the filing of the notice of violation shall result in a
  933  100 percent per day increase in the scheduled administrative
  934  penalty.
  935         (6)The direct economic benefit gained by the violator from
  936  the violation shall be added to the scheduled administrative
  937  penalty. The total administrative penalty, including any
  938  economic benefit added to the scheduled administrative penalty,
  939  may not exceed $10,000.
  940         (7)The administrative penalties assessed for any
  941  particular violation may not exceed $3,000 against any one
  942  violator, unless the violator has a history of noncompliance,
  943  the economic benefit of the violation as described in subsection
  944  (6) exceeds $3,000, or there are multiday violations. The total
  945  administrative penalties may not exceed $10,000 per assessment
  946  for all violations attributable to a specific person in the
  947  notice of violation.
  948         (8)The administrative law judge may receive evidence in
  949  mitigation. The penalties identified in subsection (3) may be
  950  reduced up to 50 percent by the administrative law judge for
  951  mitigating circumstances, including good faith efforts to comply
  952  prior to or after discovery of the violations by the commission.
  953  Upon an affirmative finding that the violation was caused by
  954  circumstances beyond the reasonable control of the respondent
  955  and could not have been prevented by the respondent's due
  956  diligence, the administrative law judge may further reduce the
  957  penalty.
  958         (9)Penalties collected under this section shall be
  959  deposited into the Invasive Plant Control Trust Fund to carry
  960  out the purposes set forth in ss. 369.20, 369.22, and 369.252.
  961  The Florida Conflict Resolution Consortium may use a portion of
  962  the fund to administer the mediation process provided in
  963  paragraph (2)(e) and to contract with private mediators for
  964  administrative penalty cases related to s. 369.20 or s. 369.22.
  965         (10)The purpose of the administrative penalty schedule and
  966  process is to provide a more predictable and efficient manner
  967  for individuals and businesses to resolve relatively minor
  968  environmental disputes. Subsections (3) through (7) do not limit
  969  a state court in the assessment of damages. The administrative
  970  penalty schedule does not apply to the judicial imposition of
  971  civil penalties in state court as provided in this section.
  972         Section 19. Section 379.503, Florida Statutes, is created
  973  to read:
  974         379.503Injunctive relief; remedies.—
  975         (1)The commission may institute a civil action in a court
  976  of competent jurisdiction to seek injunctive relief to enforce
  977  compliance with ss. 379.501, 379.502, and 379.504 or any rule,
  978  regulation, permit, certification, or order adopted or issued by
  979  the commission pursuant to s. 369.20 or s. 369.22; to enjoin any
  980  violation specified in s. 379.501(1); and to seek injunctive
  981  relief to prevent irreparable injury to the waters and property,
  982  including animal, plant, and aquatic life, of the state and to
  983  protect human health, safety, and welfare caused or threatened
  984  by any violation of s. 379.501.
  985         (2)All the judicial and administrative remedies to recover
  986  damages and penalties in this section and s. 379.502 are
  987  alternative and mutually exclusive.
  988         Section 20. Section 379.504, Florida Statutes, is created
  989  to read:
  990         379.504Civil liability; joint and several liability.—
  991         (1)Whoever commits a violation specified in s. 379.501(1)
  992  is liable to the state for any damage caused to the waters or
  993  property of the state, including animal, plant, or aquatic life,
  994  and for reasonable costs and expenses of the state in restoring
  995  its waters and property, including animal, plant, and aquatic
  996  life, to their former condition, and furthermore is subject to
  997  the judicial imposition of a civil penalty for each offense in
  998  an amount of not more than $10,000 per offense. However, the
  999  court may receive evidence in mitigation. Each day during any
 1000  portion of which such violation occurs constitutes a separate
 1001  offense. This section does not give the commission the right to
 1002  bring an action on behalf of any private person.
 1003         (2)If two or more persons violate s. 379.501 so that the
 1004  damage is indivisible, each violator shall be jointly and
 1005  severally liable for the damage and for the reasonable cost and
 1006  expenses of the state incurred in restoring the waters and
 1007  property of the state, including the animal, plant, and aquatic
 1008  life, to their former condition. However, if the damage is
 1009  divisible and may be attributed to a particular violator or
 1010  violators, each violator is liable only for that damage
 1011  attributable to his or her violation.
 1012         (3)In assessing damages for fish killed, the value of the
 1013  fish shall be determined in accordance with a table of values
 1014  for individual categories of fish, which shall be adopted by the
 1015  Department of Environmental Protection pursuant to s.
 1016  403.141(3). The total number of fish killed may be estimated by
 1017  standard practices used in estimating fish population.
 1018         Section 21. Subsection (1) of section 403.088, Florida
 1019  Statutes, is amended to read:
 1020         403.088 Water pollution operation permits; conditions.—
 1021         (1) No person, without written authorization of the
 1022  department, shall discharge into waters within the state any
 1023  waste which, by itself or in combination with the wastes of
 1024  other sources, reduces the quality of the receiving waters below
 1025  the classification established for them. However, this section
 1026  shall not be deemed to prohibit the application of pesticides to
 1027  waters in the state for the control of insects, aquatic weeds,
 1028  or algae, provided the application is performed pursuant to a
 1029  program approved by the Department of Health, in the case of
 1030  insect control, or the Fish and Wildlife Conservation Commission
 1031  department, in the case of aquatic weed or algae control. The
 1032  department is directed to enter into interagency agreements to
 1033  establish the procedures for program approval. Such agreements
 1034  shall provide for public health, welfare, and safety, as well as
 1035  environmental factors. Approved programs must provide that only
 1036  chemicals approved for the particular use by the United States
 1037  Environmental Protection Agency or by the Department of
 1038  Agriculture and Consumer Services may be employed and that they
 1039  be applied in accordance with registered label instructions,
 1040  state standards for such application, and the provisions of the
 1041  Florida Pesticide Law, part I of chapter 487.
 1042         Section 22. Effective October 1, 2009, section 15.0355,
 1043  Florida Statutes, is created to read:
 1044         15.0355Official state bird.—The osprey is designated and
 1045  declared as the official Florida state bird.
 1046         Section 23. Subsection (3) of section 319.32, Florida
 1047  Statutes, is amended to read:
 1048         319.32 Fees; service charges; disposition.—
 1049         (3) The department shall charge a fee of $10 $4 in addition
 1050  to that charged in subsection (1) for each original certificate
 1051  of title issued for a vehicle previously registered outside this
 1052  state.
 1053         Section 24. Paragraphs (a) and (x) of subsection (4) of
 1054  section 320.08056, Florida Statutes, are amended to read:
 1055         320.08056 Specialty license plates.—
 1056         (4) The following license plate annual use fees shall be
 1057  collected for the appropriate specialty license plates:
 1058         (a) Manatee license plate, $25 $20.
 1059         (x) Conserve Wildlife license plate, $25 $15.
 1060         Section 25. For the purpose of incorporating the amendment
 1061  made by this act to section 319.32, Florida Statutes, in a
 1062  reference thereto, paragraph (a) of subsection (2) of section
 1063  379.209, Florida Statutes, is reenacted to read:
 1064         379.209 Nongame Wildlife Trust Fund.—
 1065         (2)(a) There is established within the Fish and Wildlife
 1066  Conservation Commission the Nongame Wildlife Trust Fund. The
 1067  fund shall be credited with moneys collected pursuant to ss.
 1068  319.32(3) and 320.02(8). Additional funds may be provided from
 1069  legislative appropriations and by donations from interested
 1070  individuals and organizations. The commission shall designate an
 1071  identifiable unit to administer the trust fund.
 1072         Section 26. For the purpose of incorporating the amendment
 1073  made by this act to section 379.353, Florida Statutes, in a
 1074  reference thereto, subsection (7) of section 379.3581, Florida
 1075  Statutes, is reenacted to read:
 1076         379.3581 Hunter safety course; requirements; penalty.—
 1077         (7) The hunter safety requirements of this section do not
 1078  apply to persons for whom licenses are not required under s.
 1079  379.353(2).
 1080         Section 27. Except as otherwise expressly provided in this
 1081  act, this act shall take effect July 1, 2009.