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Senate Bill 1866

Senate Bill sb1866

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005        (Corrected Copy)          SB 1866

    By Senator Smith





    14-1003C-05

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 327.395,

  4         F.S.; deleting provisions limiting boating

  5         safety requirements to people 21 years of age

  6         or younger; prohibiting any person born after a

  7         specified date from operating a motor of 10

  8         horsepower or greater without having

  9         identification and a boater safety card issued

10         by the Fish and Wildlife Conservation

11         Commission; amending s. 327.803, F.S.; revising

12         certain criteria for membership on the Boating

13         Advisory Council; requiring the commission,

14         rather than the Governor, to make certain

15         appointments to the council; adding issues upon

16         which the council makes recommendations to the

17         Fish and Wildlife Conservation Commission and

18         the Department of Community Affairs;

19         authorizing reimbursement for expenses for

20         members of the council; providing for members

21         of the council to be removed for cause;

22         amending s. 370.06, F.S.; providing for receipt

23         of a saltwater products license issued by the

24         Fish and Wildlife Conservation Commission to a

25         firm or corporation; clarifying a provision

26         barring transfer of a saltwater products

27         license; clarifying a provision regarding the

28         annual fee that an individual, firm, or

29         corporation must pay for a license; providing

30         for an increase in annual saltwater products

31         license fees; providing definitions; amending

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1         s. 370.13, F.S.; reducing certificate transfer

 2         fees for 2005-2006; providing for establishment

 3         of transfer fees in subsequent years; reducing

 4         surcharge fees for 2005-2006; providing for the

 5         establishment of surcharge fees in subsequent

 6         years; authorizing rulemaking by the Fish and

 7         Wildlife Conservation Commission; amending s.

 8         372.83, F.S.; establishing penalties for

 9         certain persons who illegally take game;

10         creating s. 372.831, F.S.; establishing

11         penalties for violations of rules, regulations,

12         or orders relating to the use of dogs for

13         hunting wildlife; amending s. 372.988, F.S.;

14         applying requirements regarding fluorescent

15         orange material to persons hunting on private

16         land; reenacting s. 372.83(1), F.S., relating

17         to noncriminal infractions relating to wildlife

18         laws, to incorporate the amendment to s.

19         372.988, F.S., in a reference thereto;

20         repealing s. 372.674, F.S., relating to

21         environmental education and the Advisory

22         Council on Environmental Education; amending s.

23         372.672, F.S., relating to the Florida Panther

24         Research and Management Trust Fund, to conform;

25         providing effective dates.

26  

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

28  

29         Section 1.  Effective October 1, 2005, subsections (1)

30  and (7) of section 327.395, Florida Statutes, are amended to

31  read:

                                  2

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
    14-1003C-05




 1         327.395  Boating safety identification cards.--

 2         (1)  Until October 1, 2001, A person born after

 3  September 30, 1983, 1980, and on or after October 1, 2001, a

 4  person 21 years of age or younger may not operate a vessel

 5  powered by a motor of 10 horsepower or greater unless such

 6  person has in his or her possession aboard the vessel

 7  photographic identification and a boater safety identification

 8  card issued by the commission which shows that he or she has:

 9         (a)  Completed a commission-approved boater education

10  course that meets the minimum 8-hour instruction requirement

11  established by the National Association of State Boating Law

12  Administrators;

13         (b)  Passed a course equivalency examination approved

14  by the commission; or

15         (c)  Passed a temporary certificate examination

16  developed or approved by the commission.

17         (7)  A person who violates this section commits is

18  guilty of a noncriminal infraction, punishable as provided in

19  s. 327.73.

20         Section 2.  Section 327.803, Florida Statutes, is

21  amended to read:

22         327.803  Boating Advisory Council.--

23         (1)  The Boating Advisory Council is created within the

24  Fish and Wildlife Conservation Commission and shall be

25  composed of 17 members. The members include:

26         (a)  One representative from the Fish and Wildlife

27  Conservation Commission, who shall serve as the chair of the

28  council.

29         (b)  One representative each from the Department of

30  Environmental Protection, the United States Coast Guard

31  

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1  Auxiliary, the United States Power Squadron, and the inland

 2  navigation districts.

 3         (c)  One representative of manatee protection

 4  interests, one representative of the marine industries, two

 5  representatives of water-related environmental groups, one

 6  representative of marine manufacturers, one representative of

 7  commercial vessel owners or operators, one representative of

 8  marine special events sport boat racing, one representative

 9  actively involved and working full-time in the scuba diving

10  industry who has experience in recreational boating, and two

11  representatives of the boating public, each of whom shall be

12  nominated by the executive director of the Fish and Wildlife

13  Conservation Commission and appointed by the commission

14  Governor to serve staggered 3-year 2-year terms. Members

15  appointed by the commission may serve no more than two full

16  consecutive terms.

17         (d)  One member of the House of Representatives, who

18  shall be appointed by the Speaker of the House of

19  Representatives.

20         (e)  One member of the Senate, who shall be appointed

21  by the President of the Senate.

22         (2)  The council shall meet at the call of the chair,

23  at the request of a majority of its membership, or at such

24  times as may be prescribed by rule.

25         (3)  The purpose of the council is to make

26  recommendations to the Fish and Wildlife Conservation

27  Commission and the Department of Community Affairs regarding

28  issues affecting the boating community, including, but not

29  limited to, issues related to:

30         (a)  Boating and diving safety education.

31  

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1         (b)  Boating-related facilities, including marinas and

 2  boat testing facilities.

 3         (c)  Boat usage.

 4         (d)  Boat access.

 5         (e)  Working waterfronts.

 6         (4)  Members of the council shall serve without

 7  compensation but are entitled to reimbursement for expenses as

 8  provided in s. 112.061.

 9         (5)  A vacancy on the council shall be filled for the

10  remainder of the unexpired term in the same manner as the

11  original appointment. Members whose terms have expired may

12  continue to serve until replaced or reappointed.

13         (6)  Members of the council may be removed for cause.

14         Section 3.  Paragraphs (d) and (e) of subsection (2) of

15  section 370.06, Florida Statutes, are amended to read:

16         370.06  Licenses.--

17         (2)  SALTWATER PRODUCTS LICENSE.--

18         (d)  A saltwater products license may be issued in the

19  name of an individual or a valid commercial vessel boat

20  registration number. However, a firm or corporation may only

21  receive a license issued to a valid commercial vessel

22  registration number. A saltwater products license may not be

23  transferred by the licenseholder to another individual, firm,

24  or corporation. Such license is not transferable. A decal

25  shall be issued with each saltwater products license issued to

26  a valid commercial vessel boat registration number. The

27  saltwater products license decal shall be the same color as

28  the vessel registration decal issued each year pursuant to s.

29  328.48(5) and shall indicate the period of time such license

30  is valid. The saltwater products license decal shall be placed

31  beside the vessel registration decal and, in the case of an

                                  5

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1  undocumented vessel, shall be placed so that the vessel

 2  registration decal lies between the commercial vessel

 3  registration number and the saltwater products license decal.

 4  Any saltwater products license decal for a previous year shall

 5  be removed from a vessel operating on the waters of the state.

 6         (e)  The annual fee for a saltwater products license

 7  is:

 8         1.  For a license issued in the name of an individual

 9  which authorizes only that individual to engage in commercial

10  fishing activities from the shore or a vessel: a resident must

11  pay $50; a nonresident must pay $200; or an alien must pay

12  $300.

13         2.  For a license issued in the name of an individual

14  which authorizes that named individual to engage in commercial

15  fishing activities from the shore or a vessel and also

16  authorizes each person who is fishing with the named

17  individual aboard a vessel to engage in such activities: a

18  resident must pay $150; a nonresident must pay $600; or an

19  alien must pay $900.

20         3.  For a license issued to a valid commercial vessel

21  registration number which authorizes each person aboard such

22  registered vessel to engage in commercial fishing activities:

23  a resident, or a resident firm or corporation, must pay $100;

24  a nonresident, or a nonresident firm or corporation, must pay

25  $400; or an alien, or an alien firm or corporation, must pay

26  $600. For purposes of this subparagraph, a resident firm or

27  corporation means a firm or corporation formed under the laws

28  of this state; a nonresident firm or corporation means a firm

29  or corporation formed under the laws of any state other than

30  Florida; and an alien firm or corporation means a firm or

31  corporation organized under any laws other than laws of the

                                  6

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1  United States, any United States territory or possession, or

 2  any state of the United States. A resident shall pay an annual

 3  license fee of $50 for a saltwater products license issued in

 4  the name of an individual or $100 for a saltwater products

 5  license issued to a valid boat registration number. A

 6  nonresident shall pay an annual license fee of $200 for a

 7  saltwater products license issued in the name of an individual

 8  or $400 for a saltwater products license issued to a valid

 9  boat registration number. An alien shall pay an annual license

10  fee of $300 for a saltwater products license issued in the

11  name of an individual or $600 for a saltwater products license

12  issued to a valid boat registration number.

13         Section 4.  Paragraph (b) of subsection (1) of section

14  370.13, Florida Statutes, is amended to read:

15         370.13  Stone crab; regulation.--

16         (1)  FEES AND EQUITABLE RENT.--

17         (b)  Certificate fees.--

18         1.  For each trap certificate issued by the commission

19  under the requirements of the stone crab trap limitation

20  program established by commission rule, there is an annual fee

21  of $.50 per certificate. Replacement tags for lost or damaged

22  tags cost $.50 each, except that tags lost in the event of a

23  major natural disaster declared as an emergency disaster by

24  the Governor, shall be replaced for the cost of the tag as

25  incurred by the commission.

26         2.  For the 2005-2006 fishing year established by rule

27  of the commission, the fee for transferring trap certificates

28  is $1 per certificate transferred, except that the fee for

29  eligible crew members is 50 cents per certificate transferred.

30  In subsequent fishing years, the commission shall by rule

31  establish transfer fees not to exceed $1 per trap certificate

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1  transferred to eligible crew members and $2 per trap

 2  certificate transferred to all others. Except for transfers to

 3  Eligible crew members shall be as determined according to

 4  criteria established by rule of the commission, the fee for

 5  transferring certificates is $2 per certificate transferred to

 6  be paid by the purchaser of the certificate or certificates.

 7  The transfer fee for eligible crew members is $1 per

 8  certificate. Payment must be made by money order or cashier's

 9  check, submitted with the certificate transfer form developed

10  by the commission.

11         3.  For the 2005-2006 fishing year established by rule

12  of the commission, in addition to the transfer fee, a

13  surcharge of $1 $2 per certificate transferred, or 25 percent

14  of the actual value of the transferred certificate, whichever

15  is greater, will be assessed the first time a certificate is

16  transferred outside the original holder's immediate family. In

17  subsequent fishing years, the commission shall by rule

18  establish a surcharge fee not to exceed $2 per certificate

19  transferred, or a surcharge fee of 25 percent of the actual

20  value of the transferred certificate, whichever is greater, to

21  be assessed the first time a certificate is transferred

22  outside the original holder's immediate family.

23         4.  Transfer fees and surcharges only apply to the

24  actual number of certificates received by the purchaser. A

25  transfer of a certificate is not effective until the

26  commission receives a notarized copy of the bill of sale as

27  proof of the actual value of the transferred certificate or

28  certificates, which must also be submitted with the transfer

29  form and payment.

30         5.  A transfer fee will not be assessed or required

31  when the transfer is within a family as a result of the death

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1  or disability of the certificate owner. A surcharge will not

 2  be assessed for any transfer within an individual's immediate

 3  family.

 4         Section 5.  Subsection (6) is added to section 372.83,

 5  Florida Statutes, to read:

 6         372.83  Noncriminal infractions; criminal penalties;

 7  suspension and revocation of licenses and permits.--

 8         (6)  Any person required to forfeit a hunting license

 9  issued pursuant to this chapter and who is temporarily or

10  permanently ineligible, or temporarily or permanently

11  prohibited from acquiring such a license, and who takes game

12  is subject to the following penalties:

13         (a)  A first violation is a misdemeanor of the first

14  degree, punishable as provided in s. 775.082 or s. 775.083,

15  with a minimum mandatory fine of $500.

16         (b)  A second or subsequent violation is a misdemeanor

17  of the first degree, punishable as provided in s. 775.082 or

18  s. 775.83, with a mandatory fine of $1,000.

19  

20  For purposes of this subsection, a violation means any

21  judicial disposition other than acquittal or dismissal.

22         Section 6.  Section 372.831, Florida Statutes, is

23  created to read:

24         372.831  Dog hunting; criminal penalties; forfeiture of

25  license.--

26         (1)  Any person who violates rules of the commission or

27  other regulations or orders that require the identification of

28  dogs used to take wildlife, or written permission from a

29  landowner for the use of dogs to take wildlife on that

30  landowner's property, is subject to the following penalties:

31  

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1         (a)  A second violation within a 3-year period is a

 2  misdemeanor of the first degree, punishable as provided in s.

 3  775.082 or s. 775.083, with a minimum mandatory fine of $250.

 4         (b)  A third violation within a 4-year period is a

 5  misdemeanor of the first degree, punishable as provided in s.

 6  775.082 or s. 775.083, with a minimum mandatory fine of $500

 7  and forfeiture of any hunting license issued pursuant to this

 8  chapter. Any hunting privileges under this chapter may not be

 9  acquired for a 1-year period following the date of the

10  judicial disposition.

11         (c)  A fourth or subsequent violation within a 5-year

12  period is a misdemeanor of the first degree, punishable as

13  provided in s. 775.082 or s. 775.083, with a mandatory fine of

14  $1,000 and forfeiture of any hunting license issued pursuant

15  to this chapter. Any hunting privileges under this chapter may

16  not be acquired for a 3-year period following the date of the

17  judicial disposition.

18  

19  Violations committed before July 1, 2005, are not violations

20  for purposes of the penalties in this subsection.

21         (2)  A person who knowingly releases any dog on

22  property without written permission from the landowner for the

23  purpose of taking deer commits a misdemeanor of the first

24  degree, punishable as provided in s. 775.082 or s. 775.083,

25  with a mandatory fine of $1,000 and forfeiture of any hunting

26  license issued pursuant to this chapter. Any hunting

27  privileges under this chapter may not be acquired for a 1-year

28  period following the date of the judicial disposition.

29  

30  For purposes of this section, a violation means any judicial

31  disposition other than acquittal or dismissal.

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1         Section 7.  Section 372.988, Florida Statutes, is

 2  amended to read:

 3         372.988  Required clothing for persons hunting

 4  deer.--It is unlawful for any person to hunt deer, or for any

 5  person to accompany another person hunting deer, during the

 6  open season for the taking of deer on public or private lands

 7  unless each person wears shall wear a total of at least 500

 8  square inches of daylight fluorescent orange material as an

 9  outer garment.  Such clothing shall be worn above the

10  waistline and may include a head covering. The provisions of

11  This section does shall not apply to any person hunting deer

12  with a bow and arrow during seasons restricted to hunting with

13  a bow and arrow.

14         Section 8.  For the purpose of incorporating the

15  amendments made by this act to section 372.988, Florida

16  Statutes, in a reference thereto, subsection (1) of section

17  372.83, Florida Statutes, is reenacted to read:

18         372.83  Noncriminal infractions; criminal penalties;

19  suspension and revocation of licenses and permits.--

20         (1)  A person is guilty of a noncriminal infraction,

21  punishable as provided in s. 372.711, if she or he violates

22  any of the following provisions:

23         (a)  Rules, regulations, or orders relating to the

24  filing of reports or other documents required of persons who

25  are licensed or who hold permits issued by the commission.

26         (b)  Rules, regulations, or orders relating to fish

27  management areas.

28         (c)  Rules, regulations, or orders relating to quota

29  hunt permits, daily use permits, hunting zone assignments,

30  camping restrictions, the use of alcoholic beverages, vehicle

31  

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1  use, and check station requirements within wildlife management

 2  areas or other areas managed by the commission.

 3         (d)  Rules, regulations, or orders requiring permits

 4  free of charge to possess captive wildlife for personal use.

 5         (e)  Rules, regulations, or orders establishing size or

 6  slot limits for freshwater game fish.

 7         (f)  Rules, regulations, or orders regulating vessel

 8  size or specifying motor restrictions on specified water

 9  bodies.

10         (g)  Rules, regulations, or orders relating to the

11  registration of off-road vehicles and airboats operated on

12  state lands.

13         (h)  Section 372.57, relating to hunting, fishing, and

14  trapping licenses.

15         (i)  Section 372.988, relating to required clothing for

16  persons hunting deer.

17  

18  A person who fails to pay the civil penalty specified in s.

19  372.711 within 30 days after being cited for a noncriminal

20  infraction or to appear before the court pursuant to that

21  section is guilty of a misdemeanor of the second degree,

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

23         Section 9.  Section 372.674, Florida Statutes, is

24  repealed.

25         Section 10.  Subsection (2) of section 372.672, Florida

26  Statutes, is amended to read:

27         372.672  Florida Panther Research and Management Trust

28  Fund.--

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

30  following purposes:

31  

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1         (a)  To manage and protect existing Florida panther

 2  populations by increasing panther food sources where food is a

 3  limiting factor, determining conflicts between public use and

 4  panther survival, maintaining sufficient genetic variability

 5  in existing populations, and undertaking management and

 6  enforcement activities that protect panther habitat.

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

 8  panther and the necessity for panther management.

 9         (c)  To reestablish Florida panthers into areas of

10  suitable habitat, where feasible, by assessing the necessity

11  of a captive breeding program for purposes of reintroduction

12  of the panthers into the suitable habitat; selecting potential

13  sites for reintroduction and investigating associated human

14  sociological aspects; and assessing the potential for panther

15  habitat acquisition.

16         (d)  To fund and administer education programs

17  authorized in s. 372.674.

18         Section 11.  Except as otherwise expressly provided in

19  this act, this act shall take effect July 1, 2005.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2005        (Corrected Copy)          SB 1866
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Deletes a provision that limits boater safety rules to
      those who are 21 and under. Requires that all persons
 4    born after September 30, 1983, and operating a vessel
      that meets specific criteria have photographic
 5    identification and a boater safety identification card.
      Revises criteria for membership on the Boating Advisory
 6    Council. Requires the Fish and Wildlife Conservation
      Commission, rather than the Governor, to make certain
 7    appointments to the council. Adds issues upon which the
      council makes recommendations to the Fish and Wildlife
 8    Conservation Commission and the Department of Community
      Affairs. Authorizes reimbursement of expenses of a member
 9    of the council. Authorizes removal of a member of the
      council. Clarifies a prohibition against transferring a
10    saltwater products license. Increases the annual
      saltwater products license fees. Provides penalties for
11    taking game while under a forfeited license. Provides
      penalties for violating rules of the commission governing
12    the use of dogs to take wildlife. Requires hunters to
      wear fluorescent orange while hunting on private land.
13    (See bill for details.)

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

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31  

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