January 27, 2021
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Senate Bill 1866

Senate Bill sb1866c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 1866

    By the Committee on Government Efficiency Appropriations; and
    Senator Smith




    593-2337-05

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 327.803,

  4         F.S.; revising the membership of the Boating

  5         Advisory Council; increasing the terms of

  6         office of members appointed by the Governor and

  7         limiting the number of consecutive terms they

  8         may serve; adding issues upon which the council

  9         makes recommendations to the commission and the

10         Department of Community Affairs; authorizing

11         reimbursement of expenses for members of the

12         council; providing for the filling of

13         vacancies; providing for members of the council

14         to be removed for cause; amending s. 370.06,

15         F.S.; providing for receipt of a saltwater

16         products license issued by the commission to a

17         firm or corporation; revising a provision

18         barring transfer of a saltwater products

19         license; revising a provision regarding the

20         annual fee that an individual, firm, or

21         corporation must pay for a license; providing

22         for an increase in annual saltwater products

23         license fees; providing definitions; amending

24         s. 370.13, F.S.; reducing stone crab trap

25         certificate transfer fees; reducing surcharge

26         fees; repealing s. 372.674, F.S., relating to

27         environmental education and the Advisory

28         Council on Environmental Education; amending s.

29         372.672, F.S., relating to the Florida Panther

30         Research and Management Trust Fund, to conform;

31         providing an effective date.

                                  1

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    Florida Senate - 2005                           CS for SB 1866
    593-2337-05




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

 2  

 3         Section 1.  Section 327.803, Florida Statutes, is

 4  amended to read:

 5         327.803  Boating Advisory Council.--

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

 7  Fish and Wildlife Conservation Commission and shall be

 8  composed of 18 17 members. The members include:

 9         (a)  One representative from the Fish and Wildlife

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

11  council.

12         (b)  One representative each from the Department of

13  Environmental Protection, the United States Coast Guard

14  Auxiliary, the United States Power Squadron, and the inland

15  navigation districts.

16         (c)  One representative of manatee protection

17  interests, one representative of the marine industries, one

18  representative two representatives of water-related

19  environmental groups, one representative of canoe or kayak

20  enthusiasts, one representative of marine manufacturers, one

21  representative of commercial vessel owners or operators, one

22  representative of marine special events sport boat racing, one

23  representative actively involved and working full-time in the

24  scuba diving industry who has experience in recreational

25  boating, one representative of either the commercial fishing

26  industry or the commercial shellfishing industry, and two

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

28  nominated by the executive director of the Fish and Wildlife

29  Conservation Commission and appointed by the Governor to serve

30  staggered 3-year 2-year terms. Members appointed by the

31  Governor may serve no more than two full consecutive terms.

                                  2

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    Florida Senate - 2005                           CS for SB 1866
    593-2337-05




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

 2  shall be appointed by the Speaker of the House of

 3  Representatives.

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

 5  by the President of the Senate.

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

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

 8  times as may be prescribed by rule.

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

10  recommendations to the Fish and Wildlife Conservation

11  Commission and the Department of Community Affairs regarding

12  issues affecting the boating community, including, but not

13  limited to, issues related to:

14         (a)  Boating and diving safety education.

15         (b)  Boating-related facilities, including marinas and

16  boat testing facilities.

17         (c)  Boat usage.

18         (d)  Boat access.

19         (e)  Working waterfronts.

20         (4)  Members of the council shall serve without

21  compensation but are entitled to reimbursement of expenses as

22  provided in s. 112.061.

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

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

25  original appointment. Members whose terms have expired may

26  continue to serve until replaced or reappointed.

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

28         Section 2.  Paragraphs (d) and (e) of subsection (2) of

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

30         370.06  Licenses.--

31         (2)  SALTWATER PRODUCTS LICENSE.--

                                  3

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    Florida Senate - 2005                           CS for SB 1866
    593-2337-05




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

 2  name of an individual or a valid commercial vessel boat

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

 4  receive a license issued to a valid commercial vessel

 5  registration number. A saltwater products license may not be

 6  transferred by the licenseholder to another individual, firm,

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

 8  shall be issued with each saltwater products license issued to

 9  a valid commercial vessel boat registration number. The

10  saltwater products license decal shall be the same color as

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

12  328.48(5) and shall indicate the period of time such license

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

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

15  undocumented vessel, shall be placed so that the vessel

16  registration decal lies between the commercial vessel

17  registration number and the saltwater products license decal.

18  Any saltwater products license decal for a previous year shall

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

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

21  is:

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

23  which authorizes only that individual to engage in commercial

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

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

26  $300.

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

28  which authorizes that named individual to engage in commercial

29  fishing activities from the shore or a vessel and also

30  authorizes each person who is fishing with the named

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

                                  4

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    Florida Senate - 2005                           CS for SB 1866
    593-2337-05




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

 2  alien must pay $900.

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

 4  registration number which authorizes each person aboard such

 5  registered vessel to engage in commercial fishing activities:

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

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

 8  $400; or an alien, or an alien firm or corporation, must pay

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

10  corporation means a firm or corporation formed under the laws

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

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

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

14  corporation organized under any laws other than laws of the

15  United States, any United States territory or possession, or

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

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

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

19  license issued to a valid boat registration number. A

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

21  saltwater products license issued in the name of an individual

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

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

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

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

26  issued to a valid boat registration number.

27         Section 3.  Paragraph (b) of subsection (1) of section

28  370.13, Florida Statutes, is amended to read:

29         370.13  Stone crab; regulation.--

30         (1)  FEES AND EQUITABLE RENT.--

31         (b)  Certificate fees.--

                                  5

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    Florida Senate - 2005                           CS for SB 1866
    593-2337-05




 1         1.  For each trap certificate issued by the commission

 2  under the requirements of the stone crab trap limitation

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

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

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

 6  major natural disaster declared as an emergency disaster by

 7  the Governor shall be replaced for the cost of the tag as

 8  incurred by the commission.

 9         2.  The fee for transferring trap certificates is $1

10  per certificate transferred, except that the fee for eligible

11  crew members is 50 cents per certificate transferred. Except

12  for transfers to Eligible crew members shall be as determined

13  according to criteria established by rule of the commission,

14  the fee for transferring certificates is $2 per certificate

15  transferred to be paid by the purchaser of the certificate or

16  certificates. The transfer fee for eligible crew members is $1

17  per certificate. Payment must be made by money order or

18  cashier's check, submitted with the certificate transfer form

19  developed by the commission.

20         3.  In addition to the transfer fee, a surcharge of $1

21  $2 per certificate transferred, or 25 percent of the actual

22  value of the transferred certificate, whichever is greater,

23  will be assessed the first time a certificate is transferred

24  outside the original holder's immediate family.

25         4.  Transfer fees and surcharges only apply to the

26  actual number of certificates received by the purchaser. A

27  transfer of a certificate is not effective until the

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

29  proof of the actual value of the transferred certificate or

30  certificates, which must also be submitted with the transfer

31  form and payment.

                                  6

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    Florida Senate - 2005                           CS for SB 1866
    593-2337-05




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

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

 3  or disability of the certificate owner. A surcharge will not

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

 5  family.

 6         6.  The fees and surcharge amounts in this paragraph

 7  apply in the 2005-2006 license year and subsequent years.

 8         Section 4.  Section 372.674, Florida Statutes, is

 9  repealed.

10         Section 5.  Paragraph (d) of subsection (2) of section

11  372.672, Florida Statutes, is amended to read:

12         372.672  Florida Panther Research and Management Trust

13  Fund.--

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

15  following purposes:

16         (d)  To fund and administer education programs

17  authorized in s. 372.674.

18         Section 6.  This act shall take effect July 1, 2005.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                             SB 1866

22                                 

23  The committee substitute removes the following provisions from
    SB 1866:
24  
    1.   The increased penalties for violating dog hunting laws
25       and for hunting with a suspended or revoked license;

26  2.   The requirement that persons hunting on private lands
         must wear hunter orange clothing;
27  
    3.   The increased age requirement for the boating safety
28       course; and

29  4.   The Commission's authority to set stone crab certificate
         transfer fees.
30  

31  

                                  7

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