Bill Text: FL S0448 | 2013 | Regular Session | Comm Sub
Bill Title: Fish and Wildlife Conservation Commission
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 333 (Ch. 2013-194) [S0448 Detail]
Download: Florida-2013-S0448-Comm_Sub.html
Florida Senate - 2013 CS for CS for SB 448
By the Committees on Appropriations; and Environmental
Preservation and Conservation; and Senators Dean and Simpson
576-04660-13 2013448c2
1 A bill to be entitled
2 An act relating to the Fish and Wildlife Conservation
3 Commission; amending s. 327.02, F.S.; revising the
4 definition of the term “navigation rules” for purposes
5 of provisions relating to vessels; amending s. 328.72,
6 F.S.; deleting the automatic adjustment of vessel
7 registration fees every 5 years; amending s. 379.101,
8 F.S.; revising the definition of the term “resident”
9 or “resident of Florida” for purposes of provisions
10 relating to recreational and nonrecreational activity
11 licenses; providing for certain evidence of residence;
12 revising the definition of the term “resident alien”
13 to remove a county residency requirement; amending s.
14 379.353, F.S.; exempting individuals participating in
15 certain outdoor recreational events from requirements
16 for a hunting or fishing license or permit; amending
17 s. 379.354, F.S.; deleting a provision that provides
18 for an automatic adjustment of recreational hunting
19 and fishing license fees every 5 years; revising the
20 number of days the commission may designate as free
21 fishing days each year; amending s. 379.361, F.S.;
22 revising requirements for a restricted species
23 endorsement on a saltwater products license; providing
24 an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (25) of section 327.02, Florida
29 Statutes, is amended to read:
30 327.02 Definitions of terms used in this chapter and in
31 chapter 328.—As used in this chapter and in chapter 328, unless
32 the context clearly requires a different meaning, the term:
33 (25) “Navigation rules” means:
34 (a) For vessels on waters outside of established
35 navigational lines of demarcation as specified in 33 C.F.R. part
36 80, the International Navigational Rules Act of 1977, 33 U.S.C.
37 appendix following s. 1602, as amended, including the appendix
38 and annexes thereto, through October 1, 2012.
39 (b) For vessels on all waters not outside of such
40 established navigational lines of demarcation, as specified in
41 33 C.F.R. part 80 or the Inland Navigational Rules Act of 1980,
42 33 C.F.R. parts 83-90, as amended, through October 1, 2012 33
43 U.S.C. ss. 2001 et seq., as amended, including the annexes
44 thereto, for vessels on all waters not outside of such lines of
45 demarcation.
46 Section 2. Subsection (1) of section 328.72, Florida
47 Statutes, is amended to read
48 328.72 Classification; registration; fees and charges;
49 surcharge; disposition of fees; fines; marine turtle stickers.—
50 (1) VESSEL REGISTRATION FEE.—
51 (a) Vessels that are required to be registered shall be
52 classified for registration purposes according to the following
53 schedule, and the registration certificate fee shall be in the
54 following amounts:
55 Class A-1—Less than 12 feet in length, and all canoes to
56 which propulsion motors have been attached, regardless of
57 length: $5.50 for each 12-month period registered.
58 Class A-2—12 feet or more and less than 16 feet in length:
59 $16.25 for each 12-month period registered.
60 (To county): 2.85 for each 12-month period registered.
61 Class 1—16 feet or more and less than 26 feet in length:
62 $28.75 for each 12-month period registered.
63 (To county): 8.85 for each 12-month period registered.
64 Class 2—26 feet or more and less than 40 feet in length:
65 $78.25 for each 12-month period registered.
66 (To county): 32.85 for each 12-month period registered.
67 Class 3—40 feet or more and less than 65 feet in length:
68 $127.75 for each 12-month period registered.
69 (To county): 56.85 for each 12-month period registered.
70 Class 4—65 feet or more and less than 110 feet in length:
71 $152.75 for each 12-month period registered.
72 (To county): 68.85 for each 12-month period registered.
73 Class 5—110 feet or more in length: $189.75 for each 12
74 month period registered.
75 (To county): 86.85 for each 12-month period registered.
76 Dealer registration certificate: $25.50 for each 12-month
77 period registered.
78
79 The county portion of the vessel registration fee is derived
80 from recreational vessels only.
81 (b) In 2013 and every 5 years thereafter, vessel
82 registration fees shall be adjusted by the percentage change in
83 the Consumer Price Index for All Urban Consumers since the fees
84 were last adjusted, unless otherwise provided by general law. By
85 February 1 of each year in which an adjustment is scheduled to
86 occur, the Fish and Wildlife Conservation Commission shall
87 submit a report to the President of the Senate and the Speaker
88 of the House of Representatives detailing how the increase in
89 vessel registration fees will be used within the agency. The
90 vessel registration fee increases shall take effect July 1 of
91 each adjustment year.
92 Section 3. Subsections (30) and (31) of section 379.101,
93 Florida Statutes, are amended to read:
94 379.101 Definitions.—In construing these statutes, where
95 the context does not clearly indicate otherwise, the word,
96 phrase, or term:
97 (30) “Resident” or “resident of Florida” means:
98 (a) For purposes of part VII of this chapter, with the
99 exception of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712,
100 379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761,
101 379.3762, and 379.377, and for purposes of s. 379.355, citizens
102 of the United States who have continuously resided in this state
103 for 1 year before applying for a, next preceding the making of
104 their application for hunting, fishing, or other license, for
105 the following period of time, to wit: For 1 year in the state
106 and 6 months in the county when applied to all fish and game
107 laws not related to freshwater fish and game. However, for
108 purposes of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712,
109 379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761, and
110 379.3762, the term “resident” or “resident of Florida” means a
111 citizen of the United States who has continuously resided in
112 this state for 6 months before applying for a hunting, fishing,
113 or other license.
114 (b) For purposes of part VI of this chapter, except with
115 the exception of s. 379.355:, and for purposes of ss. 379.363,
116 379.3635, 379.364, 379.3711, 379.3712, 379.372, 379.373,
117 379.374, 379.3751, 379.3752, 379.3761, 379.3762, and 379.377,
118 any person who has continually resided in the state for 6 months
119 or
120 1. Any member of the United States Armed Forces who is
121 stationed in the state and his or her family members residing
122 with such member; or
123 2. Any person who has declared Florida as his or her only
124 state of residence as evidenced by a valid Florida driver
125 license or identification card with both a Florida address and
126 residency verified by the Department of Highway Safety and Motor
127 Vehicles, or, in the absence thereof, one of the following:
128 a. A current Florida voter information card;
129 b. A sworn statement manifesting and evidencing domicile in
130 Florida in accordance with s. 222.17;
131 c. Proof of a current Florida homestead exemption; or
132 d. For a child younger than 18 years of age, a student
133 identification card from a Florida school, or, when accompanied
134 by his or her parent at the time of purchase, the parent’s proof
135 of residency.
136 (31) “Resident alien” means shall mean those persons who
137 have continuously resided in this state for at least 1 year and
138 6 months in the county and can provide documentation from the
139 Bureau of Citizenship and Immigration Services evidencing
140 permanent residency status in the United States. For the
141 purposes of this chapter, a “resident alien” shall be considered
142 a “resident.”
143 Section 4. Paragraph (q) is added to subsection (2) of
144 section 379.353, Florida Statutes, to read:
145 379.353 Recreational licenses and permits; exemptions from
146 fees and requirements.—
147 (2) A hunting, freshwater fishing, or saltwater fishing
148 license or permit is not required for:
149 (q) Those persons exempted by commission permit issued
150 under this paragraph. The commission may issue a permit for an
151 outdoor recreational event for which the primary purpose is the
152 rehabilitation or enjoyment of veterans certified by the United
153 States Department of Veterans Affairs or its predecessor or by
154 any branch of the United States Armed Forces to have any
155 service-connected disability percentage rating of zero percent
156 or higher, active duty or reserve duty service members of any
157 branch of the United States Armed Forces, the United States
158 Coast Guard, military reserves, the Florida National Guard, or
159 the United States Coast Guard Reserve. A permit issued under
160 this paragraph shall exempt such veterans, service members,
161 their immediate family members and one additional person
162 designated to assist each veteran certified to be a disabled
163 veteran, from having to possess a hunting, freshwater fishing,
164 or saltwater fishing license for the duration of the event. For
165 purposes of this exemption, the term “immediate family members”
166 means parents, spouses, and children. The commission shall
167 promulgate rules to implement this paragraph. Factors for the
168 commission to consider in determining to issue a permit under
169 this paragraph include, but are not limited to, hunting and
170 fishing seasons, time frame or duration of the event, species
171 concerns, and the number of such permits granted to the
172 organizer of the event during the calendar year the permit is
173 requested.
174 Section 5. Subsections (1) and (15) of section 379.354,
175 Florida Statutes, are amended to read:
176 379.354 Recreational licenses, permits, and authorization
177 numbers; fees established.—
178 (1) LICENSE, PERMIT, OR AUTHORIZATION NUMBER REQUIRED.—
179 (a) Except as provided in s. 379.353, no person shall take
180 game, freshwater or saltwater fish, or fur-bearing animals
181 within this state without having first obtained a license,
182 permit, or authorization number and paid the fees set forth in
183 this chapter. Such license, permit, or authorization number
184 shall authorize the person to whom it is issued to take game,
185 freshwater or saltwater fish, or fur-bearing animals, and
186 participate in outdoor recreational activities in accordance
187 with the laws of the state and rules of the commission.
188 (b) In 2013 and every 5 years thereafter, license and
189 permit fees established in subsections (4) and (5) shall be
190 adjusted by the percentage change in the Consumer Price Index
191 for All Urban Consumers since the fees were last adjusted,
192 unless otherwise provided by general law. By February 1 of each
193 year in which an adjustment is scheduled to occur, the Fish and
194 Wildlife Conservation Commission shall submit a report to the
195 President of the Senate and the Speaker of the House of
196 Representatives detailing how the increase in license and permit
197 fees will be used within the agency. The license and permit fee
198 increases shall take effect July 1 of each adjustment year.
199 (15) FREE FISHING DAYS.—The commission may designate by
200 rule no more than 4 2 consecutive or nonconsecutive days in each
201 year as free freshwater fishing days and no more than 4 2
202 consecutive or nonconsecutive days in each year as free
203 saltwater fishing days. Notwithstanding any other provision of
204 this chapter, any person may take freshwater fish for
205 noncommercial purposes on a free freshwater fishing day and may
206 take saltwater fish for noncommercial purposes on a free
207 saltwater fishing day, without obtaining or possessing a license
208 or permit or paying a license or permit fee as prescribed in
209 this section. A person who takes freshwater or saltwater fish on
210 a free fishing day must comply with all laws, rules, and
211 regulations governing the holders of a fishing license or permit
212 and all other conditions and limitations regulating the taking
213 of freshwater or saltwater fish as are imposed by law or rule.
214 Section 6. Paragraph (b) of subsection (2) of section
215 379.361, Florida Statutes, is amended to read:
216 379.361 Licenses.—
217 (2) SALTWATER PRODUCTS LICENSE.—
218 (b)1. A restricted species endorsement on the saltwater
219 products license is required to sell to a licensed wholesale
220 dealer those species which the state, by law or rule, has
221 designated as “restricted species.” This endorsement may be
222 issued only to a person who is at least 16 years of age, or to a
223 firm certifying that over 25 percent of its income or $5,000 of
224 its income, whichever is less, is attributable to the sale of
225 saltwater products pursuant to a saltwater products license
226 issued under this paragraph or a similar license from another
227 state. This endorsement may also be issued to a for-profit
228 corporation if it certifies that at least $5,000 of its income
229 is attributable to the sale of saltwater products pursuant to a
230 saltwater products license issued under this paragraph or a
231 similar license from another state. However, if at least 50
232 percent of the annual income of a person, firm, or for-profit
233 corporation is derived from charter fishing, the person, firm,
234 or for-profit corporation must certify that at least $2,500 of
235 the income of the person, firm, or corporation is attributable
236 to the sale of saltwater products pursuant to a saltwater
237 products license issued under this paragraph or a similar
238 license from another state, in order to be issued the
239 endorsement. Such income attribution must apply to at least 1 of
240 the last 3 years. For the purpose of this section, “income”
241 means that income that is attributable to work, employment,
242 entrepreneurship, pensions, retirement benefits, and social
243 security benefits.
244 2. To renew an existing restricted species endorsement, a
245 marine aquaculture producer possessing a valid saltwater
246 products license with a restricted species endorsement may apply
247 income from the sale of marine aquaculture products to licensed
248 wholesale dealers.
249 3. The commission may is authorized to require verification
250 of such income for all restricted species endorsements issued
251 pursuant to this paragraph. Acceptable proof of income earned
252 from the sale of saltwater products shall be:
253 a. Copies of trip ticket records generated pursuant to this
254 subsection (marine fisheries information system), documenting
255 qualifying sale of saltwater products;
256 b. Copies of sales records from locales other than Florida
257 documenting qualifying sale of saltwater products;
258 c. A copy of the applicable federal income tax return,
259 including Form 1099 attachments, verifying income earned from
260 the sale of saltwater products;
261 d. Crew share statements verifying income earned from the
262 sale of saltwater products; or
263 e. A certified public accountant’s notarized statement
264 attesting to qualifying source and amount of income.
265 4. Notwithstanding any other provision of law, any person
266 who owns a retail seafood market or restaurant at a fixed
267 location for at least 3 years, who has had an occupational
268 license for 3 years before prior to January 1, 1990, who
269 harvests saltwater products to supply his or her retail store,
270 and who has had a saltwater products license for 1 of the past 3
271 license years before prior to January 1, 1990, may provide proof
272 of his or her verification of income and sales value at the
273 person’s retail seafood market or restaurant and in his or her
274 saltwater products enterprise by affidavit and shall thereupon
275 be issued a restricted species endorsement.
276 5.4. Exceptions from income requirements shall be as
277 follows:
278 a. A permanent restricted species endorsement shall be
279 available to those persons age 62 and older who have qualified
280 for such endorsement for at least 3 of the last 5 years.
281 b. Active military duty time shall be excluded from
282 consideration of time necessary to qualify and shall not be
283 counted against the applicant for purposes of qualifying.
284 c. Upon the sale of a used commercial fishing vessel owned
285 by a person, firm, or corporation possessing or eligible for a
286 restricted species endorsement, the purchaser of such vessel
287 shall be exempted from the qualifying income requirement for the
288 purpose of obtaining a restricted species endorsement for a
289 complete license period of 1 year after purchase of the vessel.
290 d. Upon the death or permanent disablement of a person
291 possessing a restricted species endorsement, an immediate family
292 member wishing to carry on the fishing operation shall be
293 exempted from the qualifying income requirement for the purpose
294 of obtaining a restricted species endorsement for a complete
295 license period of 1 year after the death or disablement.
296 e. A restricted species endorsement may be issued on an
297 individual saltwater products license to a person age 62 or
298 older who documents that at least $2,500 of such person’s income
299 is attributable to the sale of saltwater products.
300 f. A permanent restricted species endorsement may also be
301 issued on an individual saltwater products license to a person
302 age 70 or older who has held a saltwater products license for at
303 least 3 of the last 5 license years.
304 g. Any resident who is certified to be totally and
305 permanently disabled by the Railroad Retirement Board, by the
306 United States Department of Veterans Affairs or its predecessor,
307 or by any branch of the United States Armed Forces, or who holds
308 a valid identification card issued by the Department of
309 Veterans’ Affairs pursuant to s. 295.17, upon proof of the same,
310 or any resident certified to be disabled by the United States
311 Social Security Administration or a licensed physician, upon
312 proof of the same, shall be exempted from the income
313 requirements if he or she also has held a saltwater products
314 license for at least 3 of the last 5 license years before prior
315 to the date of the disability. A restricted species endorsement
316 issued under this paragraph may be issued only on an individual
317 saltwater products license.
318 h. An honorably discharged, resident military veteran
319 certified by the United States Department of Veterans Affairs or
320 its predecessor or by any branch of the United States Armed
321 Forces to have a service-connected permanent disability rating
322 of 10 percent or higher, upon providing proof of such disability
323 rating, is not required to provide documentation for the income
324 requirement with his or her initial application for a restricted
325 species endorsement. Documentation for the income requirement is
326 required beginning with the renewal of the restricted species
327 endorsement after such veteran has possessed a valid restricted
328 species endorsement for a complete license year. This exemption
329 applies only to issuance of the endorsement on an individual
330 saltwater products license and is a one-time exemption. In order
331 to renew the restricted species endorsement on an individual
332 saltwater products license, the veteran must document that at
333 least $2,500 of his or her income is attributable to the sale of
334 saltwater products.
335 i. Beginning July 1, 2014, a resident military veteran who
336 applies to the commission within 48 months after receiving an
337 honorable discharge from any branch of the United States Armed
338 Forces, the United States Coast Guard, the military reserves,
339 the Florida National Guard, or the United States Coast Guard
340 Reserve is not required to provide documentation for the income
341 requirement with his or her initial application for a restricted
342 species endorsement. Documentation for the income requirement is
343 required beginning with the renewal of the restricted species
344 endorsement after such veteran has possessed a valid restricted
345 species endorsement for a complete license year. This exemption
346 applies only to issuance of the endorsement on an individual
347 saltwater products license and may only be applied one time per
348 military enlistment.
349 j. Until June 30, 2014, a resident military veteran who
350 applies to the commission and who received an honorable
351 discharge from any branch of the United States Armed Forces, the
352 United States Coast Guard, the military reserves, the Florida
353 National Guard, or the United States Coast Guard Reserve between
354 September 11, 2001, and June 30, 2014, is not required to
355 provide documentation for the income requirement with his or her
356 initial application for a restricted species endorsement.
357 Documentation for the income requirement is required beginning
358 with the renewal of the restricted species endorsement after
359 such veteran has possessed a valid restricted species
360 endorsement for a complete license year. This exemption applies
361 only to issuance of the endorsement on an individual saltwater
362 products license.
363 Section 7. This act shall take effect July 1, 2013.
