Bill Text: FL S0448 | 2013 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 448 By the Committee on Environmental Preservation and Conservation; and Senators Dean and Simpson 592-02032-13 2013448c1 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. 6 379.101, F.S.; revising the definition of the term 7 “resident” or “resident of Florida” for purposes of 8 provisions relating to recreational and 9 nonrecreational activity licenses; providing for 10 certain evidence of residence; revising the definition 11 of the term “resident alien” to remove a county 12 residency requirement; amending s. 379.353, F.S.; 13 exempting individuals participating in certain outdoor 14 recreational events from requirements for a hunting or 15 fishing license or permit; amending s. 379.354, F.S.; 16 revising the number of days the commission may 17 designate as free fishing days each year; amending s. 18 379.361, F.S.; revising requirements for a restricted 19 species endorsement on a saltwater products license; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (25) of section 327.02, Florida 25 Statutes, is amended to read: 26 327.02 Definitionsof terms used in this chapter and in27chapter 328.—As used in this chapter and in chapter 328, unless 28 the context clearly requires a different meaning, the term: 29 (25) “Navigation rules” means: 30 (a) For vessels on waters outside of established 31 navigational lines of demarcation as specified in 33 C.F.R. part 32 80, the International Navigational Rules Act of 1977, 33 U.S.C. 33appendix followings. 1602, as amended, including the appendix 34 and annexes thereto, through October 1, 2012. 35 (b) For vessels on all waters not outside of such 36 establishednavigationallines of demarcation,as specified in3733 C.F.R. part 80 orthe Inland Navigational Rules Act of 1980, 38 33 C.F.R. parts 83-90, as amended, through October 1, 20123339U.S.C. ss. 2001 et seq., as amended, including the annexes40thereto, for vessels on all waters not outside of such lines of41demarcation. 42 Section 2. Subsections (30) and (31) of section 379.101, 43 Florida Statutes, are amended to read: 44 379.101 Definitions.—In construing these statutes, where 45 the context does not clearly indicate otherwise, the word, 46 phrase, or term: 47 (30) “Resident” or “resident of Florida” means: 48 (a) For purposes of part VIIof this chapter, with the49exception of ss.379.363,379.3635,379.364,379.3711,379.3712,50379.372,379.373,379.374,379.3751,379.3752,379.3761,51379.3762, and379.377,and for purposes of s. 379.355, citizens 52 of the United States who have continuously resided in this state 53 for 1 year before applying for a, next preceding the making of54their application forhunting, fishing, or other license, for55the following period of time, to wit: For 1 year in the state56and 6 months in the county when applied to all fish and game57laws not related to freshwater fish and game. However, for 58 purposes of ss. 379.363, 379.3635, 379.364, 379.3711, 379.3712, 59 379.372, 379.373, 379.374, 379.3751, 379.3752, 379.3761, and 60 379.3762, the term “resident” or “resident of Florida” means a 61 citizen of the United States who has continuously resided in 62 this state for 6 months before applying for a hunting, fishing, 63 or other license. 64 (b) For purposes of part VIof this chapter, exceptwith65the exception ofs. 379.355:, and for purposes of ss.379.363,66379.3635,379.364,379.3711,379.3712,379.372,379.373,67379.374,379.3751,379.3752,379.3761,379.3762, and379.377,68any person who has continually resided in the state for 6 months69or70 1. Any member of the United States Armed Forces who is 71 stationed in the state and his or her family members residing 72 with such member; or 73 2. Any person who has declared Florida as his or her only 74 state of residence as evidenced by a valid Florida driver 75 license or identification card with both a Florida address and 76 residency verified by the Department of Highway Safety and Motor 77 Vehicles, or, in the absence thereof, one of the following: 78 a. A current Florida voter information card; 79 b. A sworn statement manifesting and evidencing domicile in 80 Florida in accordance with s. 222.17; 81 c. Proof of a current Florida homestead exemption; or 82 d. For a child younger than 18 years of age, a student 83 identification card from a Florida school, or, when accompanied 84 by his or her parent at the time of purchase, the parent’s proof 85 of residency. 86 (31) “Resident alien” meansshall meanthose persons who 87 have continuously resided in this state for at least 1 yearand886 months in the countyand can provide documentation from the 89 Bureau of Citizenship and Immigration Services evidencing 90 permanent residency status in the United States. For the 91 purposes of this chapter, a “resident alien” shall be considered 92 a “resident.” 93 Section 3. Paragraph (q) is added to subsection (2) of 94 section 379.353, Florida Statutes, to read: 95 379.353 Recreational licenses and permits; exemptions from 96 fees and requirements.— 97 (2) A hunting, freshwater fishing, or saltwater fishing 98 license or permit is not required for: 99 (q) Those persons exempted by commission permit issued 100 under this paragraph. The commission may issue a permit for an 101 outdoor recreational event for which the primary purpose is the 102 rehabilitation or enjoyment of veterans certified by the United 103 States Department of Veterans Affairs or its predecessor or by 104 any branch of the United States Armed Forces to have any 105 service-connected disability percentage rating of zero percent 106 or higher, active duty or reserve duty service members of any 107 branch of the United States Armed Forces, the United States 108 Coast Guard, military reserves, the Florida National Guard, or 109 the United States Coast Guard Reserve. A permit issued under 110 this paragraph shall exempt such veterans, service members, 111 their immediate family members and one additional person 112 designated to assist each veteran certified to be a disabled 113 veteran, from having to possess a hunting, freshwater fishing, 114 or saltwater fishing license for the duration of the event. For 115 purposes of this exemption, the term “immediate family members” 116 means parents, spouses, and children. The commission shall 117 promulgate rules to implement this paragraph. Factors for the 118 commission to consider in determining to issue a permit under 119 this paragraph include, but are not limited to, hunting and 120 fishing seasons, time frame or duration of the event, species 121 concerns, and the number of such permits granted to the 122 organizer of the event during the calendar year the permit is 123 requested. 124 Section 4. Subsection (15) of section 379.354, Florida 125 Statutes, is amended to read: 126 379.354 Recreational licenses, permits, and authorization 127 numbers; fees established.— 128 (15) FREE FISHING DAYS.—The commission may designate by 129 rule no more than 42consecutive or nonconsecutive days in each 130 year as free freshwater fishing days and no more than 42131 consecutive or nonconsecutive days in each year as free 132 saltwater fishing days. Notwithstanding any other provision of 133 this chapter, any person may take freshwater fish for 134 noncommercial purposes on a free freshwater fishing day and may 135 take saltwater fish for noncommercial purposes on a free 136 saltwater fishing day, without obtaining or possessing a license 137 or permit or paying a license or permit fee as prescribed in 138 this section. A person who takes freshwater or saltwater fish on 139 a free fishing day must comply with all laws, rules, and 140 regulations governing the holders of a fishing license or permit 141 and all other conditions and limitations regulating the taking 142 of freshwater or saltwater fish as are imposed by law or rule. 143 Section 5. Paragraph (b) of subsection (2) of section 144 379.361, Florida Statutes, is amended to read: 145 379.361 Licenses.— 146 (2) SALTWATER PRODUCTS LICENSE.— 147 (b)1. A restricted species endorsement on the saltwater 148 products license is required to sell to a licensed wholesale 149 dealer those species which the state, by law or rule, has 150 designated as “restricted species.” This endorsement may be 151 issued only to a person who is at least 16 years of age, or to a 152 firm certifying that over 25 percent of its income or $5,000 of 153 its income, whichever is less, is attributable to the sale of 154 saltwater products pursuant to a saltwater products license 155 issued under this paragraph or a similar license from another 156 state. This endorsement may also be issued to a for-profit 157 corporation if it certifies that at least $5,000 of its income 158 is attributable to the sale of saltwater products pursuant to a 159 saltwater products license issued under this paragraph or a 160 similar license from another state. However, if at least 50 161 percent of the annual income of a person, firm, or for-profit 162 corporation is derived from charter fishing, the person, firm, 163 or for-profit corporation must certify that at least $2,500 of 164 the income of the person, firm, or corporation is attributable 165 to the sale of saltwater products pursuant to a saltwater 166 products license issued under this paragraph or a similar 167 license from another state, in order to be issued the 168 endorsement. Such income attribution must apply to at least 1 of 169 the last 3 years. For the purpose of this section, “income” 170 means that income that is attributable to work, employment, 171 entrepreneurship, pensions, retirement benefits, and social 172 security benefits. 173 2. To renew an existing restricted species endorsement, a 174 marine aquaculture producer possessing a valid saltwater 175 products license with a restricted species endorsement may apply 176 income from the sale of marine aquaculture products to licensed 177 wholesale dealers. 178 3. The commission mayis authorized torequire verification 179 of such income for all restricted species endorsements issued 180 pursuant to this paragraph. Acceptable proof of income earned 181 from the sale of saltwater products shall be: 182 a. Copies of trip ticket records generated pursuant to this 183 subsection (marine fisheries information system), documenting 184 qualifying sale of saltwater products; 185 b. Copies of sales records from locales other than Florida 186 documenting qualifying sale of saltwater products; 187 c. A copy of the applicable federal income tax return, 188 including Form 1099 attachments, verifying income earned from 189 the sale of saltwater products; 190 d. Crew share statements verifying income earned from the 191 sale of saltwater products; or 192 e. A certified public accountant’s notarized statement 193 attesting to qualifying source and amount of income. 194 4. Notwithstanding any other provision of law, any person 195 who owns a retail seafood market or restaurant at a fixed 196 location for at least 3 years, who has had an occupational 197 license for 3 years beforeprior toJanuary 1, 1990, who 198 harvests saltwater products to supply his or her retail store, 199 and who has had a saltwater products license for 1 of the past 3 200 license years beforeprior toJanuary 1, 1990, may provide proof 201 of his or her verification of income and sales value at the 202 person’s retail seafood market or restaurant and in his or her 203 saltwater products enterprise by affidavit and shall thereupon 204 be issued a restricted species endorsement. 205 5.4.Exceptions from income requirements shall be as 206 follows: 207 a. A permanent restricted species endorsement shall be 208 available to those persons age 62 and older who have qualified 209 for such endorsement for at least 3 of the last 5 years. 210 b. Active military duty time shall be excluded from 211 consideration of time necessary to qualify and shall not be 212 counted against the applicant for purposes of qualifying. 213 c. Upon the sale of a used commercial fishing vessel owned 214 by a person, firm, or corporation possessing or eligible for a 215 restricted species endorsement, the purchaser of such vessel 216 shall be exempted from the qualifying income requirement for the 217 purpose of obtaining a restricted species endorsement for a 218 complete licenseperiod of 1year after purchase of the vessel. 219 d. Upon the death or permanent disablement of a person 220 possessing a restricted species endorsement, an immediate family 221 member wishing to carry on the fishing operation shall be 222 exempted from the qualifying income requirement for the purpose 223 of obtaining a restricted species endorsement for a complete 224 licenseperiod of 1year after the death or disablement. 225 e. A restricted species endorsement may be issued on an 226 individual saltwater products license to a person age 62 or 227 older who documents that at least $2,500 of such person’s income 228 is attributable to the sale of saltwater products. 229 f. A permanent restricted species endorsement may also be 230 issued on an individual saltwater products license to a person 231 age 70 or older who has held a saltwater products license for at 232 least 3 of the last 5 license years. 233 g. Any resident who is certified to be totally and 234 permanently disabled by the Railroad Retirement Board, by the 235 United States Department of Veterans Affairs or its predecessor, 236 or by any branch of the United States Armed Forces, or who holds 237 a valid identification card issued by the Department of 238 Veterans’ Affairs pursuant to s. 295.17, upon proof of the same, 239 or any resident certified to be disabled by the United States 240 Social Security Administration or a licensed physician, upon 241 proof of the same, shall be exempted from the income 242 requirements if he or she also has held a saltwater products 243 license for at least 3 of the last 5 license years beforeprior244tothe date of the disability. A restricted species endorsement 245 issued under this paragraph may be issued only on an individual 246 saltwater products license. 247 h. An honorably discharged, resident military veteran 248 certified by the United States Department of Veterans Affairs or 249 its predecessor or by any branch of the United States Armed 250 Forces to have a service-connected permanent disability rating 251 of 10 percent or higher, upon providing proof of such disability 252 rating, is not required to provide documentation for the income 253 requirement with his or her initial application for a restricted 254 species endorsement. Documentation for the income requirement is 255 required beginning with the renewal of the restricted species 256 endorsement after such veteran has possessed a valid restricted 257 species endorsement for a complete license year. This exemption 258 applies only to issuance of the endorsement on an individual 259 saltwater products license and is a one-time exemption. In order 260 to renew the restricted species endorsement on an individual 261 saltwater products license, the veteran must document that at 262 least $2,500 of his or her income is attributable to the sale of 263 saltwater products. 264 i. Beginning July 1, 2014, a resident military veteran who 265 applies to the commission within 48 months after receiving an 266 honorable discharge from any branch of the United States Armed 267 Forces, the United States Coast Guard, the military reserves, 268 the Florida National Guard, or the United States Coast Guard 269 Reserve is not required to provide documentation for the income 270 requirement with his or her initial application for a restricted 271 species endorsement. Documentation for the income requirement is 272 required beginning with the renewal of the restricted species 273 endorsement after such veteran has possessed a valid restricted 274 species endorsement for a complete license year. This exemption 275 applies only to issuance of the endorsement on an individual 276 saltwater products license and may only be applied one time per 277 military enlistment. 278 j. Until June 30, 2014, a resident military veteran who 279 applies to the commission and who received an honorable 280 discharge from any branch of the United States Armed Forces, the 281 United States Coast Guard, the military reserves, the Florida 282 National Guard, or the United States Coast Guard Reserve between 283 September 11, 2001, and June 30, 2014, is not required to 284 provide documentation for the income requirement with his or her 285 initial application for a restricted species endorsement. 286 Documentation for the income requirement is required beginning 287 with the renewal of the restricted species endorsement after 288 such veteran has possessed a valid restricted species 289 endorsement for a complete license year. This exemption applies 290 only to issuance of the endorsement on an individual saltwater 291 products license. 292 Section 6. This act shall take effect July 1, 2013.