The Florida Senate

20.331  Fish and Wildlife Conservation Commission.--

(1)  The Legislature, recognizing the Fish and Wildlife Conservation Commission as being specifically authorized by the State Constitution under s. 9, Art. IV, grants rights and privileges to the commission, as contemplated by s. 6, Art. IV of the State Constitution, equal to those of departments established under this chapter, while preserving its constitutional designation and title as a commission.

(2)  The head of the Fish and Wildlife Conservation Commission is the commission appointed by the Governor as provided for in s. 9, Art. IV of the State Constitution.

(3)  The following administrative units are established within the commission:

(a)  Division of Administrative Services.

(b)  Division of Law Enforcement.

(c)  Division of Freshwater Fisheries.

(d)  Division of Marine Fisheries.

(e)  Division of Wildlife.

(f)  Florida Marine Research Institute.

The bureaus and offices of the Game and Fresh Water Fish Commission existing on February 1, 1999, are established within the Fish and Wildlife Conservation Commission.

(4)(a)  To aid the commission in the implementation of its constitutional and statutory duties, the Legislature authorizes the commission to appoint, fix the salary of, and at its pleasure, remove a person, not a member of the commission, as the executive director. The executive director shall be reimbursed for per diem and travel expenses, as provided in s. 112.061, incurred in the discharge of official duties. The executive director shall maintain headquarters and reside in Tallahassee.

(b)  Each new executive director must be confirmed by the Senate during the legislative session immediately following his or her hiring by the commission.

(5)  In further exercise of its duties, the Fish and Wildlife Conservation Commission:

(a)  Shall assign to the Division of Freshwater Fisheries and the Division of Marine Fisheries such powers, duties, responsibilities, and functions as are necessary to ensure compliance with the laws and rules governing the management, protection, conservation, improvement, and expansion of Florida's freshwater aquatic life and marine life resources.

(b)  Shall assign to the Division of Wildlife such powers, duties, responsibilities, and functions as are necessary to ensure compliance with the laws and rules governing the management, protection, conservation, improvement, and expansion of Florida's wildlife resources.

(c)  Shall assign to the Division of Law Enforcement such powers, duties, responsibilities, and functions as are necessary to ensure enforcement of the laws and rules governing the management, protection, conservation, improvement, and expansion of Florida's wildlife resources, freshwater aquatic life resources, and marine life resources. In performance of their duties as sworn law enforcement officers for the State of Florida, the division's officers also shall assist in the enforcement of all general environmental laws remaining under the responsibility of the Department of Environmental Protection.

(d)  Shall assign to the Florida Marine Research Institute such powers, duties, responsibilities, and functions as are necessary to accomplish its mission. It shall be the mission of the Florida Marine Research Institute to:

1.  Serve as the primary source of research and technical information and expertise on the status of Florida's saltwater resources;

2.  Monitor the status and health of saltwater habitat, marine life, and wildlife;

3.  Develop and implement restoration techniques for marine habitat and enhancement of saltwater plant and animal populations;

4.  Respond and provide critical technical support for marine catastrophes including oil spills, ship groundings, major marine species die-offs, hazardous spills, and natural disaster;

5.  Identify and monitor marine toxic red tides and their impacts, and provide technical support for state and local public health concerns; and

6.  Provide state and local governments with estuarine, marine, coastal technical information and research results.

(6)(a)  Shall implement a system of adequate due process procedures to be accorded to any party, as defined in s. 120.52, whose substantial interests will be affected by any action of the Fish and Wildlife Conservation Commission in the performance of its constitutional duties or responsibilities.

(b)  The Legislature encourages the commission to incorporate in its process the provisions of s. 120.54(3)(c) when adopting rules in the performance of its constitutional duties or responsibilities.

(c)  The commission shall follow the provisions of chapter 120 when adopting rules in the performance of its statutory duties or responsibilities. For purposes of this subsection, statutory duties or responsibilities include, but are not limited to, the following:

1.  Research and management responsibilities for marine species listed as endangered, threatened, or of special concern, including, but not limited to, manatees and marine turtles;

2.  Establishment and enforcement of boating safety regulations;

3.  Land acquisition;

4.  Enforcement and collection of fees for all recreational and commercial hunting or fishing licenses or permits;

5.  Aquatic plant removal using fish as a biological control agent;

6.  Enforcement of penalties for violations of commission rules, including, but not limited to, the seizure and forfeiture of vessels and other equipment used to commit those violations;

7.  Establishment of free fishing days;

8.  Regulation of off-road vehicles on state lands;

9.  Establishment and coordination of a statewide hunter safety course;

10.  Establishment of programs and activities to develop and distribute public education materials;

11.  Police powers of wildlife and marine officers;

12.  Establishment of citizen support organizations to provide assistance, funding, and promotional support for programs of the commission;

13.  Creation of the Voluntary Authorized Hunter Identification Program; and

14.  Regulation of required clothing of persons hunting deer.

(d)  The commission is directed to provide a report on the development and implementation of its adequate due process provisions to the President of the Senate, the Speaker of the House of Representatives, and the appropriate substantive committees of the House of Representatives and the Senate no later than December 1, 1999.

(7)  Comments submitted by the commission to a permitting agency for applications for permits, licenses, or authorizations impacting the commission's jurisdiction must be based on credible, factual scientific data, and must be received by the permitting agency within the time specified by applicable statutes or rules, or within 30 days, whichever is shorter. Comments provided by the commission are not binding on any permitting agency. Comments by the commission shall be considered for consistency with the Florida Coastal Management Program and ss. 373.428 and 380.23. Should a permitting agency use the commission's comments as a condition of denial, approval, or modification of a proposed permit, license, or authorization, any party to an administrative proceeding involving such proposed action may require the commission to join as a party in determining the validity of the condition. In any action where the commission is joined as a party, the commission shall only bear the actual cost of defending the validity of the credible, factual scientific data used as a basis for its comments.

(8)  Shall acquire, in the name of the state, lands and waters suitable for the protection, improvement, and restoration of marine life, wildlife resources, and freshwater aquatic life resources by purchase, lease, gift, or otherwise, using state, federal, or other sources of funding. Lands acquired under this section shall be managed for recreation and other multiple-use activities that do not impede the commission's ability to perform its constitutional and statutory responsibilities and duties.

(9)  May require any employee of the commission to give a bond for the faithful performance of duties. The commission may determine the amount of the bond and must approve the bond. In determining the amount of the bond, the commission may consider the amount of money or property likely to be in custody of the officer or employee at any one time. The premiums for the bond must be paid out of the funds of the commission.

History.--s. 1, ch. 99-245; s. 4, ch. 2000-151; s. 3, ch. 2000-197.