November 18, 2019
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_h0989e2
HB 989

1
A bill to be entitled
2An act relating to regulating natural resources; amending
3s. 327.803, F.S.; revising the membership of the Boating
4Advisory Council; increasing the terms of office of
5members appointed by the Governor and limiting the number
6of consecutive terms they may serve; adding issues upon
7which the council makes recommendations to the commission
8and the Department of Community Affairs; authorizing
9reimbursement of expenses for members of the council;
10providing for the filling of vacancies; providing for
11members of the council to be removed for cause; amending
12s. 370.06, F.S.; providing for receipt of a saltwater
13products license issued by the commission to a firm or
14corporation; revising a provision barring transfer of a
15saltwater products license; revising a provision regarding
16the annual fee that an individual, firm, or corporation
17must pay for a license; providing for an increase in
18annual saltwater products license fees; providing
19definitions; amending s. 370.13, F.S.; reducing stone crab
20trap certificate transfer fees; reducing surcharge fees;
21repealing s. 372.674, F.S., relating to environmental
22education and the Advisory Council on Environmental
23Education; amending s. 372.672, F.S., relating to the
24Florida Panther Research and Management Trust Fund, to
25conform; amending s. 373.118, F.S.; authorizing the
26Department of Environmental Protection to allow such
27facilities or ramps to be constructed and maintained by
28local governments; providing guidelines and limitations
29relating to such projects; providing for fees; providing
30an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Section 327.803, Florida Statutes, is amended
35to read:
36     327.803  Boating Advisory Council.--
37     (1)  The Boating Advisory Council is created within the
38Fish and Wildlife Conservation Commission and shall be composed
39of 18 17 members. The members include:
40     (a)  One representative from the Fish and Wildlife
41Conservation Commission, who shall serve as the chair of the
42council.
43     (b)  One representative each from the Department of
44Environmental Protection, the United States Coast Guard
45Auxiliary, the United States Power Squadron, and the inland
46navigation districts.
47     (c)  One representative of manatee protection interests,
48one representative of the marine industries, one representative
49two representatives of water-related environmental groups, one
50representative of canoe or kayak enthusiasts, one representative
51of marine manufacturers, one representative of commercial vessel
52owners or operators, one representative of marine special events
53sport boat racing, one representative actively involved and
54working full-time in the scuba diving industry who has
55experience in recreational boating, one representative of either
56the commercial fishing industry or the commercial shellfishing
57industry, and two representatives of the boating public, each of
58whom shall be nominated by the executive director of the Fish
59and Wildlife Conservation Commission and appointed by the
60Governor to serve staggered 3-year 2-year terms. Members
61appointed by the Governor may serve no more than two full
62consecutive terms.
63     (d)  One member of the House of Representatives, who shall
64be appointed by the Speaker of the House of Representatives.
65     (e)  One member of the Senate, who shall be appointed by
66the President of the Senate.
67     (2)  The council shall meet at the call of the chair, at
68the request of a majority of its membership, or at such times as
69may be prescribed by rule.
70     (3)  The purpose of the council is to make recommendations
71to the Fish and Wildlife Conservation Commission and the
72Department of Community Affairs regarding issues affecting the
73boating community, including, but not limited to, issues related
74to:
75     (a)  Boating and diving safety education.
76     (b)  Boating-related facilities, including marinas and boat
77testing facilities.
78     (c)  Boat usage.
79     (d)  Boat access.
80     (e)  Working waterfronts.
81     (4)  Members of the council shall serve without
82compensation but are entitled to reimbursement of expenses as
83provided in s. 112.061.
84     (5)  A vacancy on the council shall be filled for the
85remainder of the unexpired term in the same manner as the
86original appointment. Members whose terms have expired may
87continue to serve until replaced or reappointed.
88     (6)  Members of the council may be removed for cause.
89     Section 2.  Paragraphs (d) and (e) of subsection (2) of
90section 370.06, Florida Statutes, are amended to read:
91     370.06  Licenses.--
92     (2)  SALTWATER PRODUCTS LICENSE.--
93     (d)  A saltwater products license may be issued in the name
94of an individual or a valid commercial vessel boat registration
95number. However, a firm or corporation may only receive a
96license issued to a valid commercial vessel registration number.
97A saltwater products license may not be transferred by the
98licenseholder to another individual, firm, or corporation. Such
99license is not transferable. A decal shall be issued with each
100saltwater products license issued to a valid commercial vessel
101boat registration number. The saltwater products license decal
102shall be the same color as the vessel registration decal issued
103each year pursuant to s. 328.48(5) and shall indicate the period
104of time such license is valid. The saltwater products license
105decal shall be placed beside the vessel registration decal and,
106in the case of an undocumented vessel, shall be placed so that
107the vessel registration decal lies between the commercial vessel
108registration number and the saltwater products license decal.
109Any saltwater products license decal for a previous year shall
110be removed from a vessel operating on the waters of the state.
111     (e)  The annual fee for a saltwater products license is:
112     1.  For a license issued in the name of an individual which
113authorizes only that individual to engage in commercial fishing
114activities from the shore or a vessel: a resident must pay $50;
115a nonresident must pay $200; or an alien must pay $300.
116     2.  For a license issued in the name of an individual which
117authorizes that named individual to engage in commercial fishing
118activities from the shore or a vessel and also authorizes each
119person who is fishing with the named individual aboard a vessel
120to engage in such activities: a resident must pay $150; a
121nonresident must pay $600; or an alien must pay $900.
122     3.  For a license issued to a valid commercial vessel
123registration number which authorizes each person aboard such
124registered vessel to engage in commercial fishing activities: a
125resident, or a resident firm or corporation, must pay $100; a
126nonresident, or a nonresident firm or corporation, must pay
127$400; or an alien, or an alien firm or corporation, must pay
128$600. For purposes of this subparagraph, a resident firm or
129corporation means a firm or corporation formed under the laws of
130this state; a nonresident firm or corporation means a firm or
131corporation formed under the laws of any state other than
132Florida; and an alien firm or corporation means a firm or
133corporation organized under any laws other than laws of the
134United States, any United States territory or possession, or any
135state of the United States. A resident shall pay an annual
136license fee of $50 for a saltwater products license issued in
137the name of an individual or $100 for a saltwater products
138license issued to a valid boat registration number. A
139nonresident shall pay an annual license fee of $200 for a
140saltwater products license issued in the name of an individual
141or $400 for a saltwater products license issued to a valid boat
142registration number. An alien shall pay an annual license fee of
143$300 for a saltwater products license issued in the name of an
144individual or $600 for a saltwater products license issued to a
145valid boat registration number.
146     Section 3.  Paragraph (b) of subsection (1) of section
147370.13, Florida Statutes, is amended to read:
148     370.13  Stone crab; regulation.--
149     (1)  FEES AND EQUITABLE RENT.--
150     (b)  Certificate fees.--
151     1.  For each trap certificate issued by the commission
152under the requirements of the stone crab trap limitation program
153established by commission rule, there is an annual fee of $.50
154per certificate. Replacement tags for lost or damaged tags cost
155$.50 each, except that tags lost in the event of a major natural
156disaster declared as an emergency disaster by the Governor shall
157be replaced for the cost of the tag as incurred by the
158commission.
159     2.  The fee for transferring trap certificates is $1 per
160certificate transferred, except that the fee for eligible crew
161members is 50 cents per certificate transferred. Except for
162transfers to Eligible crew members shall be as determined
163according to criteria established by rule of the commission, the
164fee for transferring certificates is $2 per certificate
165transferred to be paid by the purchaser of the certificate or
166certificates. The transfer fee for eligible crew members is $1
167per certificate. Payment must be made by money order or
168cashier's check, submitted with the certificate transfer form
169developed by the commission.
170     3.  In addition to the transfer fee, a surcharge of $1 $2
171per certificate transferred, or 25 percent of the actual value
172of the transferred certificate, whichever is greater, will be
173assessed the first time a certificate is transferred outside the
174original holder's immediate family.
175     4.  Transfer fees and surcharges only apply to the actual
176number of certificates received by the purchaser. A transfer of
177a certificate is not effective until the commission receives a
178notarized copy of the bill of sale as proof of the actual value
179of the transferred certificate or certificates, which must also
180be submitted with the transfer form and payment.
181     5.  A transfer fee will not be assessed or required when
182the transfer is within a family as a result of the death or
183disability of the certificate owner. A surcharge will not be
184assessed for any transfer within an individual's immediate
185family.
186     6.  The fees and surcharge amounts in this paragraph apply
187in the 2005-2006 license year and subsequent years.
188     Section 4.  Section 372.674, Florida Statutes, is repealed.
189     Section 5.  Paragraph (d) of subsection (2) of section
190372.672, Florida Statutes, is amended to read:
191     372.672  Florida Panther Research and Management Trust
192Fund.--
193     (2)  Money from the fund shall be spent only for the
194following purposes:
195     (d)  To fund and administer education programs authorized
196in s. 372.674.
197     Section 6.  Subsection (5) is added to section 373.118,
198Florida Statutes, to read:
199     373.118  General permits; delegation.--
200     (5)  The department shall adopt by rule one or more general
201permits for local governments to construct, operate, and
202maintain public marina facilities, public mooring fields, public
203boat ramps, including associated courtesy docks, and associated
204parking facilities located in uplands. Such general permits
205adopted by rule shall include provisions to ensure compliance
206with part IV of this chapter, section 373.118(1), and the
207criteria necessary to include the general permits in a state
208programmatic general permit issued by the United States Army
209Corps of Engineers under s. 404 of the Clean Water Act, Pub. L.
210No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
211authorized under such general permits is exempt from review as a
212development of regional impact if the facility complies with the
213comprehensive plan of the applicable local government. Such
214facilities shall be consistent with the local government manatee
215protection plan required pursuant to ch. 370, F.S., and shall
216obtain Clean Marina Program status prior to opening for
217operation and maintain that status for the life of the facility.
218Marinas and mooring fields authorized under any such general
219permit shall not exceed an area of 50,000 square feet over
220wetlands and other surface waters. All facilities permitted
221under this section shall be constructed, maintained, and
222operated in perpetuity for the exclusive use of the general
223public.  The department shall initiate the rulemaking process
224within 60 days after the effective date of this act.
225     Section 7.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
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