Bill Text: FL S0680 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Fish and Wildlife Conservation Commission
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/HB 7021 (Ch. 2015-161) [S0680 Detail]
Download: Florida-2015-S0680-Introduced.html
Bill Title: Fish and Wildlife Conservation Commission
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-04-23 - Laid on Table, companion bill(s) passed, see CS/HB 7021 (Ch. 2015-161) [S0680 Detail]
Download: Florida-2015-S0680-Introduced.html
Florida Senate - 2015 SB 680 By Senator Dean 5-00520B-15 2015680__ 1 A bill to be entitled 2 An act relating to the Fish and Wildlife Conservation 3 Commission; amending ss. 327.37, 327.39, and 327.50, 4 F.S.; requiring personal flotation devices to be used 5 in accordance with the United States Coast Guard 6 approval labels; amending s. 379.357, F.S.; revising 7 the dates for tarpon tag validity; deleting the 8 requirement that tax collectors submit forms annually 9 relating to the number of unissued tags; deleting the 10 requirement for submitting forms relating to tarpon 11 landed; amending s. 379.361, F.S.; removing the income 12 requirement for a restricted species endorsement on a 13 saltwater products license; amending s. 379.3012, 14 F.S.; revising the rulemaking authority of the 15 commission relating to the alligator management and 16 trapping program; amending s. 379.364, F.S.; requiring 17 resident dealers to pay a certain fee per annum; 18 removing the requirement for dealers and buyers to 19 forward reports relating to the number and kinds of 20 hide bought; removing the requirement that common 21 carriers only ship, transport, or receive hides or 22 furs marked with certain identifying information; 23 amending s. 379.3751, F.S.; removing the rulemaking 24 authority of the commission to limit the number of 25 participants engaged in the taking of alligators or 26 their eggs from the wild and to establish appropriate 27 qualifications for certain alligator collectors; 28 providing exemptions for alligator trapping licenses; 29 requiring certain licenses to be issued without fee to 30 residents who meet the requirements for disability; 31 clarifying that a management area permit is not 32 required for a person engaged in the taking of an 33 alligator under a permit that authorizes the taking of 34 alligators; providing that the transfer of fees for 35 marketing and education services is contingent upon 36 annual appropriation; reenacting and amending s. 37 379.3752, F.S.; removing the requirement that the 38 commission expend one-third of the revenue from the 39 issuance of alligator hatchling tags for alligator 40 husbandry research; providing that the transfer of 41 fees for marketing and education services is 42 contingent upon annual appropriation; deleting the 43 requirement that the number of tags pursuant to a 44 collection permit be equal to a safe yield of 45 alligators; amending s. 379.401, F.S.; conforming 46 provisions to changes made by the act; creating s. 47 379.412, F.S.; establishing penalties for the unlawful 48 feeding of wildlife and freshwater fish; providing an 49 exception; repealing s. 379.3011, F.S., relating to 50 the alligator trapping program; repealing s. 379.3013, 51 F.S., relating to alligator study requirements; 52 repealing s. 379.3016, F.S., relating to the 53 prohibition against the sale of alligator products and 54 associated penalties; repealing s. 379.3017, F.S., 55 relating to the restricted use of the terms 56 “alligator” or “gator” in certain sales; reenacting 57 ss. 327.73(1)(i) and 327.375(1), F.S., to incorporate 58 the amendment made by this act to s. 327.37, F.S., in 59 references thereto; reenacting s. 327.73(1)(p), F.S., 60 to incorporate the amendment made by this act to s. 61 327.39, F.S., in a reference thereto; reenacting ss. 62 327.54(1)(c) and 327.73(1)(m), F.S., to incorporate 63 the amendment made by this act to s. 327.50, F.S., in 64 references thereto; providing an effective date. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68 Section 1. Paragraph (b) of subsection (2) of section 69 327.37, Florida Statutes, is amended to read: 70 327.37 Water skis, parasails, aquaplanes, kiteboarding, 71 kitesurfing, and moored ballooning regulated.— 72 (2) 73 (b) A person may not engage in water skiing, parasailing, 74 aquaplaning, or any similar activity unless such person is 75 wearing a noninflatabletype I, type II, type III, or type V76 personal flotation device approved by the United States Coast 77 Guard and used in accordance with the United States Coast Guard 78 approval label. 79 Section 2. Subsection (1) of section 327.39, Florida 80 Statutes, is amended to read: 81 327.39 Personal watercraft regulated.— 82 (1) A person may not operate a personal watercraft unless 83 each person riding on or being towed behind such vessel is 84 wearing atype I, type II, type III, or type Vpersonal 85 flotation device, other than an inflatable device, approved by 86 the United States Coast Guard and used in accordance with the 87 United States Coast Guard approval label. 88 Section 3. Paragraph (b) of subsection (1) of section 89 327.50, Florida Statutes, is amended to read: 90 327.50 Vessel safety regulations; equipment and lighting 91 requirements.— 92 (1) 93 (b) No person shall operate a vessel less than 26 feet in 94 length on the waters of this state unless every person under 6 95 years of age on board the vessel is wearing a United Statestype96I, type II, or type IIICoast Guard approved personal flotation 97 device, used in accordance with the United States Coast Guard 98 approval label, while such vessel is underway. For the purpose 99 of this section, the term “underway” meansshall meanat all 100 times except when a vessel is anchored, moored, made fast to the 101 shore, or aground. 102 Section 4. Subsections (1) and (3) of section 379.357, 103 Florida Statutes, are amended to read: 104 379.357 Fish and Wildlife Conservation Commission license 105 program for tarpon; fees; penalties.— 106 (1) The commission shall establish a license program for 107 the purpose of issuing tags to individuals desiring to harvest 108 tarpon (Megalops atlanticus)(megalops atlantica)from the 109 waters of the state. The tags shall be nontransferable, except 110 that the commission may allow for a limited number of tags to be 111 purchased by professional fishing guides for transfer to 112 individuals, and issued by the commission in order of receipt of 113 a properly completed application for a nonrefundable fee of $50 114 per tag. The commission and any tax collector may sell the tags 115 and collect the fees therefor. Tarpon tags are valid from 116 JanuaryJuly1 through December 31June 30.Before August 15 of117each year, each tax collector shall submit to the commission all118unissued tags for the previous fiscal year along with a written119audit report, on forms prescribed or approved by the commission,120as to the numbers of the unissued tags.To defray the cost of 121 issuing any tag, the issuing tax collector shall collect and 122 retain as his or her costs, in addition to the tag fee 123 collected, the amount allowed under s. 379.352(6) for the 124 issuance of licenses. 125 (3) AnNoindividual may notshalltake, kill, or possess 126 any fish of the species Megalops atlanticusmegalops atlantica, 127 commonly known as tarpon, unless such individual has purchased a 128 tarpon tag and securely attached it through the lower jaw of the 129 fish.Said individual shall within 5 days after the landing of130the fish submit a form to the commission which indicates the131length, weight, and physical condition of the tarpon when132caught; the date and location of where the fish was caught; and133any other pertinent information which may be required by the134commission. The commission may refuse to issue new tags to135individuals or guides who fail to provide the required136information.137 Section 5. Paragraph (b) of subsection (2) of section 138 379.361, Florida Statutes, is amended to read: 139 379.361 Licenses.— 140 (2) SALTWATER PRODUCTS LICENSE.— 141 (b)1.A restricted species endorsement on the saltwater 142 products license is required to sell to a licensed wholesale 143 dealer those species which the state, by law or rule, has 144 designated as “restricted species.”This endorsement may be145issued only to a person who is at least 16 years of age, or to a146firm certifying that over 25 percent of its income or $5,000 of147its income, whichever is less, is attributable to the sale of148saltwater products pursuant to a saltwater products license149issued under this paragraph or a similar license from another150state. This endorsement may also be issued to a for-profit151corporation if it certifies that at least $5,000 of its income152is attributable to the sale of saltwater products pursuant to a153saltwater products license issued under this paragraph or a154similar license from another state. However, if at least 50155percent of the annual income of a person, firm, or for-profit156corporation is derived from charter fishing, the person, firm,157or for-profit corporation must certify that at least $2,500 of158the income of the person, firm, or corporation is attributable159to the sale of saltwater products pursuant to a saltwater160products license issued under this paragraph or a similar161license from another state, in order to be issued the162endorsement. Such income attribution must apply to at least 1 of163the last 3 years. For the purpose of this section, “income”164means that income that is attributable to work, employment,165entrepreneurship, pensions, retirement benefits, and social166security benefits.1672. To renew an existing restricted species endorsement, a168marine aquaculture producer possessing a valid saltwater169products license with a restricted species endorsement may apply170income from the sale of marine aquaculture products to licensed171wholesale dealers.1723. The commission may require verification of such income173for all restricted species endorsements issued pursuant to this174paragraph. Acceptable proof of income earned from the sale of175saltwater products shall be:176a. Copies of trip ticket records generated pursuant to this177subsection (marine fisheries information system), documenting178qualifying sale of saltwater products;179b. Copies of sales records from locales other than Florida180documenting qualifying sale of saltwater products;181c. A copy of the applicable federal income tax return,182including Form 1099 attachments, verifying income earned from183the sale of saltwater products;184d. Crew share statements verifying income earned from the185sale of saltwater products; or186e. A certified public accountant’s notarized statement187attesting to qualifying source and amount of income.1884. Notwithstanding any other provision of law, any person189who owns a retail seafood market or restaurant at a fixed190location for at least 3 years, who has had an occupational191license for 3 years before January 1, 1990, who harvests192saltwater products to supply his or her retail store, and who193has had a saltwater products license for 1 of the past 3 license194years before January 1, 1990, may provide proof of his or her195verification of income and sales value at the person’s retail196seafood market or restaurant and in his or her saltwater197products enterprise by affidavit and shall thereupon be issued a198restricted species endorsement.1995. Exceptions from income requirements shall be as follows:200a. A permanent restricted species endorsement shall be201available to those persons age 62 and older who have qualified202for such endorsement for at least 3 of the last 5 years.203b. Active military duty time shall be excluded from204consideration of time necessary to qualify and shall not be205counted against the applicant for purposes of qualifying.206c. Upon the sale of a used commercial fishing vessel owned207by a person, firm, or corporation possessing or eligible for a208restricted species endorsement, the purchaser of such vessel209shall be exempted from the qualifying income requirement for the210purpose of obtaining a restricted species endorsement for a211complete license year after purchase of the vessel.212d. Upon the death or permanent disablement of a person213possessing a restricted species endorsement, an immediate family214member wishing to carry on the fishing operation shall be215exempted from the qualifying income requirement for the purpose216of obtaining a restricted species endorsement for a complete217license year after the death or disablement.218e. A restricted species endorsement may be issued on an219individual saltwater products license to a person age 62 or220older who documents that at least $2,500 of such person’s income221is attributable to the sale of saltwater products.222f. A permanent restricted species endorsement may also be223issued on an individual saltwater products license to a person224age 70 or older who has held a saltwater products license for at225least 3 of the last 5 license years.226g. Any resident who is certified to be totally and227permanently disabled by the Railroad Retirement Board, by the228United States Department of Veterans Affairs or its predecessor,229or by any branch of the United States Armed Forces, or who holds230a valid identification card issued by the Department of231Veterans’ Affairs pursuant to s. 295.17, upon proof of the same,232or any resident certified to be disabled by the United States233Social Security Administration or a licensed physician, upon234proof of the same, shall be exempted from the income235requirements if he or she also has held a saltwater products236license for at least 3 of the last 5 license years before the237date of the disability. A restricted species endorsement issued238under this paragraph may be issued only on an individual239saltwater products license.240h. An honorably discharged, resident military veteran241certified by the United States Department of Veterans Affairs or242its predecessor or by any branch of the United States Armed243Forces to have a service-connected permanent disability rating244of 10 percent or higher, upon providing proof of such disability245rating, is not required to provide documentation for the income246requirement with his or her initial application for a restricted247species endorsement. Documentation for the income requirement is248required beginning with the renewal of the restricted species249endorsement after such veteran has possessed a valid restricted250species endorsement for a complete license year. This exemption251applies only to issuance of the endorsement on an individual252saltwater products license and is a one-time exemption. In order253to renew the restricted species endorsement on an individual254saltwater products license, the veteran must document that at255least $2,500 of his or her income is attributable to the sale of256saltwater products.257i. Beginning July 1, 2014, a resident military veteran who258applies to the commission within 48 months after receiving an259honorable discharge from any branch of the United States Armed260Forces, the United States Coast Guard, the military reserves,261the Florida National Guard, or the United States Coast Guard262Reserve is not required to provide documentation for the income263requirement with his or her initial application for a restricted264species endorsement. Documentation for the income requirement is265required beginning with the renewal of the restricted species266endorsement after such veteran has possessed a valid restricted267species endorsement for a complete license year. This exemption268applies only to issuance of the endorsement on an individual269saltwater products license and may only be applied one time per270military enlistment.271j. Until June 30, 2014, a resident military veteran who272applies to the commission and who received an honorable273discharge from any branch of the United States Armed Forces, the274United States Coast Guard, the military reserves, the Florida275National Guard, or the United States Coast Guard Reserve between276September 11, 2001, and June 30, 2014, is not required to277provide documentation for the income requirement with his or her278initial application for a restricted species endorsement.279Documentation for the income requirement is required beginning280with the renewal of the restricted species endorsement after281such veteran has possessed a valid restricted species282endorsement for a complete license year. This exemption applies283only to issuance of the endorsement on an individual saltwater284products license.285 Section 6. Section 379.3012, Florida Statutes, is amended 286 to read: 287 379.3012 Alligator managementand trappingprogram 288 implementation; commission authority.— 289(1) In any alligator management and trapping program that290the Fish and Wildlife Conservation Commission shall establish,291the commission shall have the authority to adopt all rules292necessary for full and complete implementation of such alligator293management and trapping program, and, in order to ensure its294lawful, safe, and efficient operation in accordance therewith,295may:296(a) Regulate the marketing and sale of alligators, their297hides, eggs, meat, and byproducts, including the development and298maintenance of a state-sanctioned sale.299(b) Regulate the handling and processing of alligators,300their eggs, hides, meat, and byproducts, for the lawful, safe,301and sanitary handling and processing of same.302(c) Regulate commercial alligator farming facilities and303operations for the captive propagation and rearing of alligators304and their eggs.305(d) Provide hide-grading services by two or more306individuals pursuant to state-sanctioned sales if rules are307first promulgated by the commission governing:3081. All grading-related services to be provided pursuant to309this section;3102. Criteria for qualifications of persons to serve as hide311graders for grading services to be provided pursuant to this312section; and3133. The certification process by which hide-graders314providing services pursuant to this section will be certified.315(e) Provide sales-related services by contract pursuant to316state-sanctioned sales if rules governing such services are317first promulgated by the commission.318(2) All contractors of the commission for the grading,319marketing, and sale of alligators and their hides, eggs, meat,320and byproducts shall not engage in any act constituting a321conflict of interest under part III of chapter 112.322(3)The powers and duties of the commission to implement 323 the alligator management program mayhereunder shallnot be 324 construed so as to supersede the regulatory authority or lawful 325 responsibility of the Department of Agriculture and Consumer 326 Services, the Department of Health, or any local governmental 327 entity regarding the processing or handling of food products, 328 but isshall be deemedsupplemental thereto. 329 Section 7. Section 379.364, Florida Statutes, is amended to 330 read: 331 379.364 License required for fur and hide dealers.— 332 (1) It is unlawful for aanyperson to engage in the 333 business of a dealer or buyer in green or dried alligator hides 334skinsor green or dried furs in the state or purchase such hides 335 or fursskinswithin the state until such person has been 336 licensed as herein provided. 337 (2) A personAny resident dealer or buyerwho solicits 338 business through the mails, or by advertising, or who travels to 339 buy or employs or has other agents or buyers, shall be deemed a 340resident statedealerand must pay a license fee of $100 per341annum. 342 (3) A resident dealer must pay a license fee of $100 per 343 annum. A nonresident dealeror buyermust pay a license fee of 344 $500 per annum. 345(4) All dealers and buyers shall forward to the Fish and346Wildlife Conservation Commission each 2 weeks during open season347a report showing number and kind of hides bought and name of348trapper from whom bought and the trapper’s license number, or if349trapper is exempt from license under any of the provisions of350this chapter, such report shall show the nature of such351exemption. A common carrier may not knowingly ship or transport352or receive for transportation any hides or furs unless such353shipments have marked thereon name of shipper and the number of354her or his fur-animal license or fur dealer’s license.355 Section 8. Subsections (1), (4), and (5) of section 356 379.3751, Florida Statutes, are amended to read: 357 379.3751 Taking and possession of alligators; trapping 358 licenses; fees.— 359 (1)(a) ANoperson may notshalltake or possess anany360 alligator or the eggs thereof without having first been issued 361 an alligator license under toobtained from the commission a362trapping license and paid the fee provided inthis section. Such 363 license shall be dated when issued and remain valid for 12 364 months after the date of issuance and authorizesshall authorize365 the person to whom it is issued to take or possess alligators 366 and their eggs, and to sell, possess, and process alligators and 367 their hides and meat, in accordance with law and commission 368 rules. Such license isshallnotbetransferable and isshall369 notbevalid unless it bears on its face in indelible ink the 370 name of the person to whom it is issued. Such license shall be 371 in the personal possession of the licensee while such person is 372 taking alligators or their eggs or is selling, possessing, or 373 processing alligators or their eggs, hides, or meat. The failure 374 of the licensee to exhibit such license to athecommission law 375 enforcement officeror its wildlife officers, when such person 376 is found taking alligators or their eggs or is found selling, 377 possessing, or processing alligators or their eggs, hides, or 378 meat, isshall bea violation of law. 379(b) In order to assure the optimal utilization of the380estimated available alligator resource and to ensure adequate381control of the alligator management and harvest program, the382commission may by rule limit the number of participants engaged383in the taking of alligators or their eggs from the wild.384 (b)(c)ANoperson who has been convicted of any violation 385 of s. 379.3015 or s. 379.409 or the rules of the commission 386 relating to the illegal taking of crocodilian species may not 387shallbe issuedeligible for issuance ofa license for a period 388 of 5 years subsequent to such conviction. In the event such 389 violation involves the unauthorized taking of an endangered 390 crocodilian species, anolicense may notshallbe issued for 10 391 years subsequent to the conviction. 392 (c) A person taking a nuisance alligator pursuant to 393 contract with the commission is not required to obtain an 394 alligator trapping license. A person assisting a contracted 395 nuisance alligator trapper, unless otherwise exempt under 396 paragraph (d), paragraph (e), or paragraph (f), is required to 397 possess an alligator trapping agent’s license as provided in 398 subsection (2). 399 (d) A child under 16 years of age taking an alligator under 400 an alligator harvest program implemented by commission rule is 401 not required to obtain an alligator trapping agent license. 402 (e) A person taking an alligator pursuant to an event 403 permit issued under s. 379.353(2)(q) is not required to obtain 404 an alligator trapping license or an alligator trapping agent 405 license. 406 (f) An alligator trapping license or alligator trapping 407 agent license must be issued without fee to any resident who 408 meets the requirements for disability under s. 379.353(1). 409 (g) A management area permit under s. 379.354(8) is not 410 required for a person engaged in the taking of an alligator 411 under a permit issued by the commission that authorizes the 412 taking of alligators. 413 (4) ANoperson may notshalltake any alligator egg 414 occurring in the wild or possess any such egg unless he or she 415such personhas obtained, or is a licensed agent of another 416 person who has obtained, an alligator egg collection permit. The 417 alligator egg collection permit isshall berequired in addition 418 to the alligator farming license provided in paragraph (2)(d). 419 The commission mayis authorized toassess a fee for issuance of 420 the alligator egg collection permit of up to $5 per egg 421 authorized to be taken or possessed pursuant to such permit. 422 Contingent upon an annual appropriation for alligator marketing 423 and education activitiesIrrespective of whether a fee is424assessed, $1 per egg collected and retained, excluding eggs 425 collected on private wetland management areas, shall be 426 transferred from the alligator management program to the General 427 Inspection Trust Fund, to be administered by the Department of 428 Agriculture and Consumer Services for the purpose of providing 429 marketing and education services with respect to alligator 430 products produced in this state, notwithstanding other 431 provisions in this chapter. 432(5) The commission shall adopt criteria by rule to433establish appropriate qualifications for alligator collectors434who may receive permits pursuant to this section.435 Section 9. Section 379.3752, Florida Statutes, is reenacted 436 and amended to read: 437 379.3752 Required tagging of alligators and hides; fees; 438 revenues.—The tags provided in this section shall be required in 439 addition to any license required under s. 379.3751. 440 (1) ANoperson may notshalltake any alligator occurring 441 in the wild or possess any such alligator unless such alligator 442 is subsequently tagged in the manner required by commission 443 rule. For the tag required for an alligator hatchling, the 444 commission mayis authorized toassess a fee of up tonot more445than$15 for each alligator hatchling tag issued.The commission446shall expend one-third of the revenue generated from the447issuance of the alligator hatchling tag for alligator husbandry448research.449 (2)The commission may require that an alligator hide450validation tag (CITES tag) be affixed to the hide of any451alligator taken from the wild and that such hide be possessed,452purchased, sold, offered for sale, or transported in accordance453with commission rule.The commission mayis authorized toassess 454 a fee of up to $30 for each alligator hide validation tag (CITES 455 tag) issued. Contingent upon an annual appropriation for 456 alligator marketing and education activitiesIrrespective of457whether a fee is assessed, $5 per validated hide, excluding 458 those validated from public hunt programs and alligator farms, 459 shall be transferred from the alligator management program to 460 the General Inspection Trust Fund, to be administered by the 461 Department of Agriculture and Consumer Services for the purpose 462 of providing marketing and education services with respect to 463 alligator products produced in this state, notwithstanding other 464 provisions in this chapter. 465(3) The number of tags available for alligators taken466pursuant to a collection permit shall be limited to the number467of tags determined by the commission to equal the safe yield of468alligators as determined pursuant to s. 379.3013.469 Section 10. Paragraph (a) of subsection (2) of section 470 379.401, Florida Statutes, is amended to read: 471 379.401 Penalties and violations; civil penalties for 472 noncriminal infractions; criminal penalties; suspension and 473 forfeiture of licenses and permits.— 474 (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two 475 violation if he or she violates any of the following provisions: 476 1. Rules or orders of the commission relating to seasons or 477 time periods for the taking of wildlife, freshwater fish, or 478 saltwater fish. 479 2. Rules or orders of the commission establishing bag, 480 possession, or size limits or restricting methods of taking 481 wildlife, freshwater fish, or saltwater fish. 482 3. Rules or orders of the commission prohibiting access or 483 otherwise relating to access to wildlife management areas or 484 other areas managed by the commission. 485 4. Rules or orders of the commission relating to the 486 feeding ofwildlife, freshwater fish, orsaltwater fish. 487 5. Rules or orders of the commission relating to landing 488 requirements for freshwater fish or saltwater fish. 489 6. Rules or orders of the commission relating to restricted 490 hunting areas, critical wildlife areas, or bird sanctuaries. 491 7. Rules or orders of the commission relating to tagging 492 requirements for wildlife and fur-bearing animals. 493 8. Rules or orders of the commission relating to the use of 494 dogs for the taking of wildlife. 495 9. Rules or orders of the commission which are not 496 otherwise classified. 497 10. Rules or orders of the commission prohibiting the 498 unlawful use of finfish traps. 499 11. All prohibitions in this chapter which are not 500 otherwise classified. 501 12. Section 379.33, prohibiting the violation of or 502 noncompliance with commission rules. 503 13. Section 379.407(7), prohibiting the sale, purchase, 504 harvest, or attempted harvest of any saltwater product with 505 intent to sell. 506 14. Section 379.2421, prohibiting the obstruction of 507 waterways with net gear. 508 15. Section 379.413, prohibiting the unlawful taking of 509 bonefish. 510 16. Section 379.365(2)(a) and (b), prohibiting the 511 possession or use of stone crab traps without trap tags and 512 theft of trap contents or gear. 513 17. Section 379.366(4)(b), prohibiting the theft of blue 514 crab trap contents or trap gear. 515 18. Section 379.3671(2)(c), prohibiting the possession or 516 use of spiny lobster traps without trap tags or certificates and 517 theft of trap contents or trap gear. 518 19. Section 379.357, prohibiting the possession of tarpon 519 without purchasing a tarpon tag. 52020. Rulesor orders of the commission prohibiting the521feeding or enticement of alligators or crocodiles. 522 20.21.Section 379.105, prohibiting the intentional 523 harassment of hunters, fishers, or trappers. 524 Section 11. Section 379.412, Florida Statutes, is created 525 to read: 526 379.412 Penalties for feeding wildlife and freshwater 527 fish.— 528 (1) The penalties in this section apply to a violation of 529 rules or orders of the commission which prohibit or restrict the 530 following: feeding wildlife or freshwater fish with food or 531 garbage, attracting or enticing wildlife or freshwater fish with 532 food or garbage, or allowing the placement of food or garbage in 533 a manner that attracts or entices wildlife or freshwater fish. 534 This section does not apply to rules or orders of the commission 535 which relate to animals that are held in captivity, restrict the 536 taking or hunting of species over bait or other intentionally 537 placed or deposited food, or restrict the taking or hunting of 538 species in proximity to feeding stations. 539 (2) Any person who violates a prohibition or restriction 540 identified in subsection (1): 541 (a) For a first violation, commits a noncriminal 542 infraction, punishable by a civil penalty of $100. 543 1. A person cited for a violation under this paragraph must 544 sign and accept a citation to appear before the county court. 545 The issuing officer may indicate on the citation the time and 546 location of the scheduled hearing and must indicate the 547 applicable civil penalty. 548 2. A person cited for a violation under this paragraph may 549 pay the civil penalty by mail or in person within 30 days after 550 receipt of the citation. If the civil penalty is paid, the 551 person shall be deemed to have admitted committing the violation 552 and to have waived his or her right to a hearing before the 553 county court. Such admission may not be used as evidence in any 554 other proceedings except to determine the appropriate fine for 555 any subsequent violations. 556 3. A person who refuses to accept a citation, who fails to 557 pay the civil penalty for a violation, or who fails to appear 558 before a county court as required commits a misdemeanor of the 559 second degree, punishable as provided in s. 775.082 or s. 560 775.083. 561 4. A person who elects or is required to appear before the 562 county court is deemed to have waived the limitation on civil 563 penalties provided under this paragraph. After a hearing, the 564 county court shall determine whether a violation has been 565 committed, and if so, may impose a civil penalty of at least 566 $100. A person found guilty of committing a violation may appeal 567 that finding to the circuit court. The commission of a violation 568 must be proved beyond a reasonable doubt. 569 (b) For second and subsequent violations, if all violations 570 are related to freshwater fish or wildlife other than bears, 571 alligators, or other crocodilians, commits a misdemeanor of the 572 second degree, punishable as provided in s. 775.082 or s. 573 775.083. 574 (c) For a second violation, if each violation is related to 575 bears, alligators, or other crocodilians, commits a misdemeanor 576 of the second degree, punishable as provided in s. 775.082 or s. 577 775.083. 578 (d) For a third violation, if all violations are related to 579 bears, alligators, or other crocodilians, commits a misdemeanor 580 of the first degree, punishable as provided in s. 775.082 or s. 581 775.083. 582 (e) For a fourth or subsequent violation, if all violations 583 are related to bears, alligators, or other crocodilians, commits 584 a felony of the third degree, punishable as provided in s. 585 775.082, s. 775.083, or s. 775.084. 586 (3) As used in this section, the term “violation” means any 587 judicial disposition other than acquittal or dismissal. 588 Section 12. Section 379.3011, Florida Statutes, is 589 repealed. 590 Section 13. Section 379.3013, Florida Statutes, is 591 repealed. 592 Section 14. Section 379.3016, Florida Statutes, is 593 repealed. 594 Section 15. Section 379.3017, Florida Statutes, is 595 repealed. 596 Section 16. Paragraph (i) of subsection (1) of s. 327.73, 597 Florida Statutes, and subsection (1) of s. 327.375, Florida 598 Statutes, are reenacted for the purpose of incorporating the 599 amendment made by this act to s. 327.37, Florida Statutes, in 600 references thereto. 601 Section 17. Paragraph (p) of subsection (1) of s. 327.73, 602 Florida Statutes, is reenacted for the purpose of incorporating 603 the amendment made by this act to s. 327.39, Florida Statutes, 604 in a reference thereto. 605 Section 18. Paragraph (c) of subsection (1) of s. 327.54, 606 Florida Statutes, and paragraph (m) of subsection (1) of s. 607 327.73, Florida Statutes, are reenacted for the purpose of 608 incorporating the amendment made by this act to s. 327.50, 609 Florida Statutes, in references thereto. 610 Section 19. This act shall take effect upon becoming a law.