US Laws, Codes, Statutes & Cases

372.001  Definitions.

372.002  Right to hunt and fish.

372.01  Fish and Wildlife Conservation Commission.

372.021  Powers, duties, and authority of commission; rules, regulations, and orders.

372.0215  Citizen support organizations; use of state property; audit.

372.0222  Private publication agreements; advertising; costs of production.

372.0225  Freshwater organisms.

372.023  J. W. Corbett and Cecil M. Webb Wildlife Management Areas.

372.025  Everglades recreational sites; definitions.

372.03  Headquarters of commission.

372.05  Duties of executive director.

372.07  Police powers of commission and its agents.

372.071  Powers of arrest by agents of Department of Environmental Protection or Fish and Wildlife Conservation Commission.

372.072  Endangered and Threatened Species Act.

372.0725  Killing or wounding of any species designated as endangered, threatened, or of special concern; criminal penalties.

372.073  Endangered and Threatened Species Reward Program.

372.074  Fish and Wildlife Habitat Program.

372.09  State Game Trust Fund.

372.101  Administrative Trust Fund.

372.102  Federal Grants Trust Fund.

372.103  Grants and Donations Trust Fund.

372.105  Lifetime Fish and Wildlife Trust Fund.

372.106  Dedicated License Trust Fund.

372.107  Federal Law Enforcement Trust Fund.

372.12  Acquisition of state game lands.

372.121  Control and management of state game lands.

372.127  Conservation and Recreation Lands Program Trust Fund of the Fish and Wildlife Conservation Commission.

372.16  Private game preserves and farms; penalty.

372.19  Preserves, refuges, etc., not tax exempt.

372.26  Imported fish.

372.265  Regulation of foreign animals.

372.27  Silver Springs and Rainbow Springs, etc., closed to all fishing.

372.551  Competitive bidding for certain sale of licenses and permits and the issuance of authorization numbers.

372.561  Recreational licenses, permits, and authorization numbers to take wild animal life, freshwater aquatic life, and marine life; issuance; costs; reporting.

372.562  Recreational licenses and permits; exemptions from fees and requirements.

372.57  Recreational licenses, permits, and authorization numbers; fees established.

372.5701  Deposit of license fees; allocation of federal funds.

372.5702  Expenditure of funds.

372.5704  Fish and Wildlife Conservation Commission license program for tarpon; fees; penalties.

372.5705  Fish pond license.

372.571  Expiration of licenses and permits.

372.5711  Review of fees for licenses and permits; review of exemptions.

372.5712  Florida waterfowl permit revenues.

372.5714  Waterfowl Advisory Council.

372.5715  Florida wild turkey permit revenues.

372.5717  Hunter safety course; requirements; penalty.

372.5718  Hunter safety course for juveniles.

372.573  Management area permit revenues.

372.574  Appointment of subagents for the sale of hunting, fishing, and trapping licenses and permits.

372.58  False statement in application for license or permit.

372.581  Entering false information on licenses or permits.

372.59  License and permit not transferable.

372.65  Freshwater fish dealer's license.

372.651  Haul seine and trawl permits; freshwater lakes in excess of 500 square miles; fees.

372.653  Required tagging of fish; lakes in excess of 500 square miles; tag fee; game fish taken in lakes of 500 square miles or less.

372.66  License required for fur and hide dealers.

372.661  Private hunting preserve license fees; exception.

372.662  Unlawful sale, possession, or transporting of alligators or alligator skins.

372.663  Illegal killing, possessing, or capturing of alligators or other crocodilia or eggs; confiscation of equipment.

372.664  Prima facie evidence of intent to violate laws protecting alligators.

372.6645  Unlawful to sell alligator products; penalty.

372.665  Word "alligator" or "gator" not to be used in certain sales.

372.667  Feeding or enticement of alligators or crocodiles unlawful; penalty.

372.6671  Alligator trapping program; definitions.

372.6672  Alligator management and trapping program implementation; commission authority.

372.6673  Taking and possession of alligators; trapping licenses; fees.

372.6674  Required tagging of alligators and hides; fees; revenues.

372.6678  Alligator study requirements.

372.671  Florida or wild panther; killing prohibited; penalty.

372.672  Florida Panther Research and Management Trust Fund.

372.673  Florida Panther Technical Advisory Council.

372.70  Prosecutions; state attorney to represent state.

372.701  Arrest by officers of the Fish and Wildlife Conservation Commission; recognizance; cash bond; citation.

372.7015  Illegal killing, taking, possessing, or selling wildlife or game; fines; disposition of fines.

372.7016  Voluntary Authorized Hunter Identification Program.

372.705  Harassment of hunters, trappers, or fishers.

372.711  Noncriminal infractions.

372.72  Disposition of fines, penalties, and forfeitures.

372.73  Confiscation and disposition of illegally taken game.

372.74  Cooperative agreements with U. S. Forest Service; penalty.

372.75  Use of explosives and other substances prohibited.

372.76  Search and seizure authorized and limited.

372.761  Issuance of warrant for search of private dwelling.

372.77  Assent to provisions of Act of Congress of September 2, 1937.

372.7701  Assent to federal acts.

372.771  Federal conservation of fish and wildlife; limited jurisdiction.

372.83  Noncriminal infractions; criminal penalties; suspension and revocation of licenses and permits.

372.84  Forfeiture or denial of licenses and permits.

372.85  Contaminating fresh waters.

372.86  Possessing, exhibiting poisonous or venomous reptile; license required.

372.87  License fee; renewal, revocation.

372.88  Bond required, amount.

372.89  Safe housing required.

372.90  Transportation.

372.901  Inspection.

372.91  Who may open cages, pits, or other containers housing poisonous or venomous reptiles.

372.911  Rewards.

372.912  Organized poisonous reptile hunts.

372.92  Rules and regulations.

372.921  Exhibition or sale of wildlife.

372.922  Personal possession of wildlife.

372.97  Jim Woodruff Dam; reciprocity agreements.

372.971  St. Mary's River; reciprocity agreements.

372.98  Possession of nutria; license; inspection; penalty for violation.

372.981  Regulation of importation of caiman.

372.988  Required clothing for persons hunting deer.

372.99  Illegal taking and possession of deer and wild turkey; evidence; penalty.

372.9901  Seizure of illegal hunting devices; disposition; notice; forfeiture.

372.99021  Disposition of illegal fishing devices; exercise of police power.

372.99022  Illegal molestation of or theft from freshwater fishing gear.

372.9903  Illegal possession or transportation of freshwater game fish in commercial quantities; penalty.

372.9904  Seizure of illegal transportation devices; disposition; appraisal; forfeiture.

372.9905  Applicability of ss. 372.99, 372.9901, 372.9903, and 372.9904.

372.991  Nongame Wildlife Trust Fund.

372.992  Nongame Wildlife Advisory Council.

372.993  Land-based commercial and recreational fishing activities; legislative findings and purpose; definitions; legal protection; local ordinances; prohibited activity.

372.995  Release of balloons.

372.001  Definitions.--In construing these statutes, when applied to saltwater and freshwater fish, shellfish, crustacea, sponges, wild birds, and wild animals, where the context permits, the word, phrase, or term:

(1)  "Authorization number" means a number issued by the commission, or its authorized agent, which serves in lieu of a license or permit and affords the privilege purchased for a specified period of time.

(2)  "Closed season" means that portion of the year during which the laws of Florida forbid the taking of particular species of game or varieties of fish.

(3)  "Commission" means the Fish and Wildlife Conservation Commission.

(4)  "Common carrier" includes any person, firm, or corporation which undertakes for hire, as a regular business, the transportation of persons or commodities from place to place, offering its services to all who may choose to employ it and pay its charges.

(5)  "Fish and game" includes all fresh and saltwater fish, shellfish, crustacea, sponges, wild birds, and wild animals.

(6)  "Fish management area" means a pond, lake, or other water within a county, or within several counties, designated to improve fishing for public use, and established and specifically circumscribed for authorized management by the commission and the board of county commissioners of the county in which such waters lie, under agreement between the commission and an owner with approval by the board of county commissioners or under agreement with the board of county commissioners for use of public waters in the county in which such waters lie.

(7)  "Fish pond" means a body of water that does not occur naturally and that has been constructed and is maintained primarily for the purpose of fishing.

(8)  "Fresh water," except where otherwise provided by law, includes all lakes, rivers, canals, and other waterways of Florida, to such point or points where the fresh and salt waters commingle to such an extent as to become unpalatable and unfit for human consumption because of the saline content, or to such point or points as may be fixed by order of the commission by and with the consent of the board of county commissioners of the county or counties to be affected by such order. The Steinhatchee River shall be considered fresh water from its source to mouth.

(9)  "Freshwater fish" includes all classes of pisces that are indigenous to fresh water.

(10)  "Fur-bearing animals" includes muskrat, mink, raccoon, otter, civet cat, skunk, red and gray fox, and opossum.

(11)  "Game" means deer, bear, squirrel, rabbits, and, where designated by commission rules, wild hogs, ducks, geese, rails, coots, gallinules, snipe, woodcock, wild turkeys, grouse, pheasants, quail, and doves.

(12)  "Nongame" includes all species and populations of indigenous wild vertebrates and invertebrates in the state that are not defined as game.

(13)  "Open season" means that portion of the year during which the laws of Florida for the preservation of fish and game permit the taking of particular species of game or varieties of fish.

(14)  "Private hunting preserve" includes any area set aside by a private individual or concern on which artificially propagated game or birds are taken.

(15)  "Resident" means:

(a)  Any person who has continually resided in this state for 6 months; or

(b)  Any member of the United States Armed Forces who is stationed in this state.

(16)  "Saltwater fish" means any saltwater species of finfish of the classes Agnatha, Chondrichthyes, or Osteichthyes and marine invertebrates of the classes Gastropoda, Bivalvia, or Crustacea, or of the phylum Echinodermata, but does not include nonliving shells or echinoderms.

(17)  "Take" means taking, attempting to take, pursuing, hunting, molesting, capturing, or killing any wildlife or freshwater or saltwater fish, or their nests or eggs, by any means, whether or not such actions result in obtaining possession of such wildlife or freshwater or saltwater fish or their nests or eggs.

(18)  "Transport" includes shipping, transporting, carrying, importing, exporting, or receiving or delivering for shipment, transportation, carriage, or export.

History.--s. 7, ch. 3147, 1879; ss. 1, 2, 3, ch. 3292, 1881; RS 2761, 2762; ss. 1, 18, 21, ch. 6532, 1913; ss. 11, 17, ch. 6877, 1915; RGS 1230, 1247, 1249, 1272, 5830; s. 1, ch. 8588, 1921; s. 1, ch. 11838, 1927; CGL 1788, 1805, 1807, 1840, 1902, 8063; s. 1, ch. 13644, 1929; CGL 1936 Supp. 1977(1); s. 1, ch. 19226, 1939; CGL 1940 Supp. 1977(1-a); s. 1, ch. 59-73; s. 1, ch. 63-30; s. 1, ch. 69-166; s. 222, ch. 81-259; s. 28, ch. 83-216; s. 1, ch. 85-235; s. 10, ch. 96-300; s. 112, ch. 99-245; s. 7, ch. 2002-46; s. 1, ch. 2003-151; s. 35, ch. 2004-5.

Note.--Former s. 371.01.

372.002  Right to hunt and fish.--The Legislature recognizes that hunting, fishing, and the taking of game are a valued part of the cultural heritage of Florida and should be forever preserved for Floridians. The Legislature further recognizes that these activities play an important part in the state's economy and in the conservation, preservation, and management of the state's natural areas and resources. Therefore, the Legislature intends that the citizens of Florida have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by general law and by s. 9, Art. IV of the State Constitution.

History.--s. 8, ch. 2002-46.

372.01  Fish and Wildlife Conservation Commission.--

(1)  The Fish and Wildlife Conservation Commission shall consist of seven members who shall be appointed by the Governor, subject to confirmation by the Senate, for staggered terms of 5 years.

(2)  Members so appointed shall annually select one of their members as chair. Such chair may be removed at any time for sufficient cause, by the affirmative vote of the majority of the members of the commission. In case the said office of chair becomes vacant by removal or otherwise, the same may be filled for the unexpired term at any time by the commission from its members.

(3)  Commission members shall receive no compensation for their services as such, but shall be reimbursed for travel expenses as provided in s. 112.061.

History.--s. 2, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2); s. 1, ch. 26766, 1951; s. 19, ch. 63-400; s. 105, ch. 71-355; s. 1, ch. 78-125; s. 567, ch. 95-148; s. 113, ch. 99-245.

372.021  Powers, duties, and authority of commission; rules, regulations, and orders.--The Fish and Wildlife Conservation Commission may exercise the powers, duties, and authority granted by s. 9, Art. IV of the Constitution of Florida, and as otherwise authorized by the Legislature by the adoption of rules, regulations, and orders in accordance with chapter 120.

History.--ss. 4, 5, ch. 21945, 1943; s. 7, ch. 69-216; ss. 10, 35, ch. 69-106; s. 103, ch. 73-333; s. 16, ch. 78-95; s. 17, ch. 2000-197.

Note.--Former s. 372.82.

372.0215  Citizen support organizations; use of state property; audit.--

(1)  The Fish and Wildlife Conservation Commission may authorize the establishment of citizen support organizations to provide assistance, funding, and promotional support for the programs of the commission. For purposes of this section, the term "citizen support organization" means an organization which:

(a)  Is a corporation not for profit incorporated pursuant to the provisions of chapter 617 and approved by the Department of State.

(b)  Is organized and operated to conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer in its own name securities, funds, or real or personal property; and make expenditures for the benefit of the commission or an individual program unit of the commission; except that such organization may not receive funds from the commission or the Fish and Wildlife Research Institute by grant, gift, or contract unless specifically authorized by the Legislature.

(c)  The commission has determined acts in a manner that is consistent with the goals of the commission and the best interests of the state.

(d)  Is approved in writing by the commission to operate for the benefit of the commission. Such approval must be stated in a letter of agreement from the executive director of the commission.

(2)(a)  The Fish and Wildlife Conservation Commission may permit a citizen support organization to use commission property, facilities, and personnel free of charge. A citizen support organization may use commission property, facilities, and personnel if such use is consistent with the approved purpose of that citizen support organization and if such use does not unreasonably interfere with the general public's use of commission property, facilities, and personnel for established purposes.

(b)  The commission may prescribe conditions upon the use by a citizen support organization of commission property, facilities, or personnel.

(c)  The commission may not permit the use of any property, facilities, or personnel of the state by a citizen support organization that does not provide equal membership and employment opportunities to all persons regardless of race, color, national origin, religion, sex, or age.

(3)  Each citizen support organization shall provide for an annual financial audit in accordance with s. 215.981. The identity of a donor or prospective donor to a citizen support organization who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.

History.--s. 1, ch. 88-84; s. 111, ch. 90-360; s. 1, ch. 95-127; s. 172, ch. 96-406; s. 114, ch. 99-245; s. 107, ch. 2001-266; s. 7, ch. 2004-264.

372.0222  Private publication agreements; advertising; costs of production.--

(1)  The Fish and Wildlife Conservation Commission may enter into agreements to secure the private publication of public information brochures, pamphlets, audiotapes, videotapes, and related materials for distribution without charge to the public and, in furtherance thereof, is authorized to:

(a)  Enter into agreements with private vendors for the publication or production of such public information materials, whereby the costs of publication or production will be borne in whole or in part by the vendor or the vendor shall provide additional compensation in return for the right of the vendor to select, sell, and place advertising which publicizes products or services related to and harmonious with the subject matter of the publication.

(b)  Retain the right, by agreement, to approve all elements of any advertising placed in such public information materials, including the form and content thereof.

(2)(a)  Beginning January 1, 2005, the commission, with the advice and assistance of the Florida Wildlife Magazine Advisory Council, shall publish the Florida Wildlife Magazine. The magazine shall be published at least on a quarterly basis in hard-copy format and shall be available to the public by subscription and retail distribution. The primary focus of the magazine shall be to promote the heritage of hunting and fishing in Florida. The magazine shall also disseminate information regarding other outdoor recreational opportunities available to Floridians and visitors.

(b)  In order to offset the cost of publication and distribution of the magazine, the commission, with the advice and assistance of the Florida Wildlife Magazine Advisory Council, is authorized to sell advertising for placement in the magazine. The commission shall have the right to approve all elements of any advertising placed in the magazine, including the form and content thereof. The magazine shall include a statement providing that the inclusion of advertising in the magazine does not constitute an endorsement by the state or the commission of the products or services so advertised. The commission may charge an annual magazine subscription fee of up to $25, a 2-year magazine subscription fee of up to $45, and a 3-year magazine subscription fee of up to $60. The commission may charge a retail per copy fee of up to $7. The provisions of chapter 287 do not apply to the sale of advertising for placement in the magazine. All revenues generated by the magazine shall be credited to the State Game Trust Fund.

(c)  The Florida Wildlife Magazine Advisory Council is created within the commission to advise and make recommendations to the commission regarding development, publication, and sale of the Florida Wildlife Magazine. In order to accomplish this purpose, the council shall provide recommendations to the commission regarding:

1.  The content of articles included in each edition of the magazine.

2.  Advertising proposed for each edition of the magazine.

3.  Strategies to improve distribution and circulation of the magazine.

4.  Cost-reduction measures regarding publication of the magazine.

(d)  The Florida Wildlife Magazine Advisory Council shall consist of seven members appointed by the commission, and initial appointments shall be made no later than August 1, 2004. When making initial appointments to the council and filling vacancies, the commission shall appoint members to represent the following interests: hunting; saltwater fishing; freshwater fishing; recreational boating; recreational use of off-road vehicles; hiking, biking, bird watching, or similar passive activities; general business interests; and magazine publishing.

(e)  Two of the initial appointees shall serve 2-year terms, two of the initial appointees shall serve 3-year terms, and three of the initial appointees shall serve 4-year terms. Subsequent to the expiration of the initial terms, advisory council appointees shall serve 4-year terms.

(f)  The members of the advisory council shall elect a chair annually.

(g)  The council shall meet at least quarterly at the call of its chair, at the request of a majority of its membership, or at the request of the commission. A majority of the council shall constitute a quorum for the transaction of business.

(h)  The commission shall provide the council with clerical, expert, technical, or other services. All expenses of the council shall be paid from appropriations made by the Legislature to the commission. All vouchers shall be approved by the executive director before submission to the Chief Financial Officer for payment.

(i)  Members of the council shall serve without compensation but shall receive per diem and reimbursement for travel expenses as provided in s. 112.061.

(j)  Advisory council members may be reappointed. Advisory council members shall serve at the pleasure of the commission.

(3)  Any public information materials produced pursuant to this section and containing advertising of any kind shall include a statement providing that the inclusion of advertising in such material does not constitute an endorsement by the state or commission of the products or services so advertised.

(4)  The Fish and Wildlife Conservation Commission may enter into agreements with private vendors for vendor advertisement for the purpose of offsetting expenses relating to license issuance, and, in furtherance thereof, is authorized to:

(a)  Retain the right, by agreement, to approve all elements of such advertising, including the form or content.

(b)  Require that any advertising of any kind contracted pursuant to this section shall include a statement providing that the advertising does not constitute an endorsement by the state or commission of the products or services to be so advertised.

(5)  The commission shall collect, edit, publish, and print pamphlets, papers, manuscripts, documents, books, monographs, and other materials relating to fish and wildlife conservation and may establish and impose a reasonable charge for such materials to cover costs of production and distribution in whole or part and may contract for the marketing, sale, and distribution of such publications and materials; except that no charge shall be imposed for materials designed to provide the public with essential information concerning fish and wildlife regulations and matters of public safety.

(6)  The commission shall provide services and information designed to inform Floridians and visitors about Florida's unique and diverse fish, game, and wildlife, and make it available by means of commonly used media. For the accomplishment of those purposes, the commission may make expenditures to:

(a)  Encourage and cooperate with public and private organizations or groups to publicize to residents and visitors the diversity of fish, game, and wildlife, and related recreation opportunities of the state, including the establishment of and expenditure for a program of cooperative advertising or sponsorships, or partnerships with the public and private organizations and groups in accordance with rules adopted by the commission under chapter 120.

(b)  Charge and collect a reasonable fee for researching or compiling information or other services which, in its judgment, should not be free to those requesting the information, research, handling, material, publication, or other services. Any amounts of money received by the commission from such sources shall be restored to the appropriations of the commission, and any unexpended funds shall be deposited into the State Game Trust Fund and made available to the commission for use in performing its duties, powers, and purposes.

(c)  Charge and collect registration fees at conferences, seminars, and other meetings conducted in furtherance of the duties, powers, and purposes of the commission. Any funds collected under this paragraph which remain unexpended after the expenses of the conference, seminar, or meeting have been paid shall be deposited into the State Game Trust Fund and made available to the commission for use in performing its duties, powers, and purposes.

(d)  Purchase and distribute promotional items to increase public awareness regarding boating safety and other programs that promote public safety or resource conservation.

(7)  Notwithstanding the provisions of part I of chapter 287, the commission may adopt rules for the purpose of entering into contracts that are primarily for promotional and advertising services and promotional events which may include the authority to negotiate costs with offerors of such services and commodities who have been determined to be qualified on the basis of technical merit, creative ability, and professional competency.

History.--s. 1, ch. 89-187; s. 1, ch. 96-265; s. 11, ch. 96-300; s. 2, ch. 97-217; s. 115, ch. 99-245; s. 2, ch. 2003-151; s. 8, ch. 2004-264.

372.0225  Freshwater organisms.--

(1)  The Fish and Wildlife Conservation Commission, in order to manage the promotion, marketing, and quality control of all freshwater organisms produced in Florida and utilized commercially so that such organisms shall be used to produce the optimum sustained yield consistent with the protection of the breeding stock, is directed and charged with the responsibility of:

(a)  Providing for the regulation of the promotion, marketing, and quality control of freshwater organisms produced in Florida and utilized commercially.

(b)  Regulating the processing of commercial freshwater organisms on the water or on the shore.

(c)  Providing documentation standards and statistical record requirements with respect to commercial freshwater organism catches.

(d)  Conducting scientific, economic, and other studies and research on all freshwater organisms produced in the state and used commercially.

(2)  The responsibility with which the commission is charged under subsection (1) shall in no way supersede or duplicate the responsibilities of the Department of Agriculture and Consumer Services under chapter 500, the Florida Food Safety Act, chapter 597, the Florida Aquaculture Policy Act, and the rules adopted thereunder.

History.--ss. 1, 2, ch. 78-310; s. 29, ch. 83-216; s. 1, ch. 94-180; s. 15, ch. 98-333; s. 116, ch. 99-245; s. 7, ch. 99-390; s. 9, ch. 2004-264.

372.023  J. W. Corbett and Cecil M. Webb Wildlife Management Areas.--

(1)  The Fish and Wildlife Conservation Commission of this state is neither authorized nor empowered to do the following as to the J. W. Corbett Wildlife Management Area in Palm Beach County or the Cecil M. Webb Wildlife Management Area without the approval of the Board of Trustees of the Internal Improvement Trust Fund that such action is in the best interest of orderly and economical development of said area, viz.:

(a)  To trade, barter, lease, or exchange lands therein for lands of greater acreage contiguous to said wildlife management areas.

(b)  To grant easements for construction and maintenance of roads, railroads, canals, ditches, dikes, and utilities, including but not limited to telephone, telegraph, oil, gas, electric power, water, and sewers.

(c)  To convey or release all rights in and to the phosphate, minerals, metals, and petroleum that is or may be in, on or under any lands traded, bartered, leased, or exchanged pursuant to paragraph (a).

(2)  The Board of Trustees of the Internal Improvement Trust Fund and the State Board of Education and all and every board, state department or state agency of the state having any title, right and interest in or to the land including oil and mineral rights in the lands to be traded, bartered, leased or exchanged within the J. W. Corbett Wildlife Management Area in Palm Beach County, is authorized and empowered to convey this interest of whatsoever nature to the record owner.

(3)  Moneys received from the sale of lands within either wildlife management area, less reasonable expenses incident to the sale, shall be used by the Fish and Wildlife Conservation Commission to acquire acreage contiguous to the wildlife management area or lands of equal wildlife value. The sale shall be made directly to the state, notwithstanding the procedures of s. 270.08 to the contrary.

History.--ss. 1, 2, ch. 31410, 1956; ss. 27, 35, ch. 69-106; s. 1, ch. 70-60; s. 1, ch. 75-304; s. 159, ch. 99-13; s. 117, ch. 99-245.

372.025  Everglades recreational sites; definitions.--

(1)  PURPOSE.--It is the intent of the Legislature to provide for the development and management of recreational sites in the water conservation areas of the Florida Everglades when such development:

(a)  Can be accomplished without endangering the water quality and quantity of supply and where environmental impact will be minimal.

(b)  Is located on the exterior fringes of the Everglades to discourage extensive uncontrolled use of the interior regions.

(c)  Is located where convenient access is possible for the millions of Floridians living in urban areas.

(d)  Offers recreational potential for nature trails, bird study, picnic areas, boating, fishing, hunting, and target shooting.

(e)  Is located where proper management and law enforcement can be provided.

(2)  DEFINITIONS.--As used in this section:

(a)  "Commission" means the Fish and Wildlife Conservation Commission.

(b)  "Indian reservations" means lands as designated by chapter 285.

(c)  "Development of recreational sites" means any improvements to existing facilities or sites and also such new selection and improvements as are needed for the various recreational activities as herein provided.

(3)  RECREATIONAL SITES.--The Fish and Wildlife Conservation Commission is directed to develop, manage, and enforce laws on certain recreational sites in the water conservation areas of the Everglades from funds to be appropriated by the Legislature.

(4)  No recreational site will be developed on any Indian reservations as created by chapter 285 without first obtaining written approval for such development from the Indians of the particular reservation lands affected.

History.--ss. 1, 2, 3, 4, 5, ch. 73-249; s. 1, ch. 77-174; s. 4, ch. 78-323; s. 25, ch. 83-85; s. 27, ch. 83-218; s. 15, ch. 95-146; s. 22, ch. 99-5; s. 118, ch. 99-245.

372.03  Headquarters of commission.--The Fish and Wildlife Conservation Commission is located at the state capital, and, when suitable adequate office space cannot be provided in the State Capitol Building, or other buildings owned by the state, the commission may rent or lease suitable office space in Tallahassee. Said commission may also rent or lease suitable and adequate space in other cities and towns of the state for branch or division offices and headquarters and storerooms for equipment and supplies, as the business of the commission may require or necessitate, payment for said rented or leased premises to be made from the State Game Trust Fund.

History.--s. 2, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2); s. 2, ch. 61-119; s. 119, ch. 99-245.

372.05  Duties of executive director.--The executive director of the Fish and Wildlife Conservation Commission shall:

(1)  Keep full and correct minutes of the proceedings of said commission at its meetings, which minutes shall be open for public inspection.

(2)  Purchase such supplies and employ such help and assistants as may be reasonably necessary in the performance of the executive director's duties.

(3)  Have full authority to represent the commission in its dealings with other state departments, county commissioners, and the federal government.

(4)  Appoint, fix salaries of, and at pleasure remove, subject to the approval of the commission, assistants and other employees who shall have such powers and duties as may be assigned to them by the commission or executive director.

(5)  Have such other powers and duties as may be prescribed by the commission in pursuance of its duties under s. 9, Art. IV of the State Constitution.

History.--ss. 2, 3, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2), 1977(3); s. 3, ch. 26766, 1951; s. 7, ch. 69-216; s. 569, ch. 95-148; s. 18, ch. 2000-197; s. 38, ch. 2002-46.

372.07  Police powers of commission and its agents.--

(1)  The Fish and Wildlife Conservation Commission, the executive director and the executive director's assistants designated by her or him, and each wildlife officer are constituted peace officers with the power to make arrests for violations of the laws of this state when committed in the presence of the officer or when committed on lands under the supervision and management of the commission. The general laws applicable to arrests by peace officers of this state shall also be applicable to said director, assistants, and wildlife officers. Such persons may enter upon any land or waters of the state for performance of their lawful duties and may take with them any necessary equipment, and such entry shall not constitute a trespass.

(2)  Such officers shall have power and authority to enforce throughout the state all laws relating to game, nongame birds, fish, and fur-bearing animals and all rules and regulations of the Fish and Wildlife Conservation Commission relating to wild animal life, marine life, and freshwater aquatic life, and in connection with said laws, rules, and regulations, in the enforcement thereof and in the performance of their duties thereunder, to:

(a)  Go upon all premises, posted or otherwise;

(b)  Execute warrants and search warrants for the violation of said laws;

(c)  Serve subpoenas issued for the examination, investigation, and trial of all offenses against said laws;

(d)  Carry firearms or other weapons, concealed or otherwise, in the performance of their duties;

(e)  Arrest upon probable cause without warrant any person found in the act of violating any of the provisions of said laws or, in pursuit immediately following such violations, to examine any person, boat, conveyance, vehicle, game bag, game coat, or other receptacle for wild animal life, marine life, or freshwater aquatic life, or any camp, tent, cabin, or roster, in the presence of any person stopping at or belonging to such camp, tent, cabin, or roster, when said officer has reason to believe, and has exhibited her or his authority and stated to the suspected person in charge the officer's reason for believing, that any of the aforesaid laws have been violated at such camp;

(f)  Secure and execute search warrants and in pursuance thereof to enter any building, enclosure, or car and to break open, when found necessary, any apartment, chest, locker, box, trunk, crate, basket, bag, package, or container and examine the contents thereof;

(g)  Seize and take possession of all wild animal life, marine life, or freshwater aquatic life taken or in possession or under control of, or shipped or about to be shipped by, any person at any time in any manner contrary to said laws.

(3)  It is unlawful for any person to resist an arrest authorized by this section or in any manner to interfere, either by abetting, assisting such resistance, or otherwise interfering with said executive director, assistants, or wildlife officers while engaged in the performance of the duties imposed upon them by law or regulation of the Fish and Wildlife Conservation Commission.

(4)  Upon final disposition of any alleged offense for which a citation for any violation of this chapter or the rules of the commission has been issued, the court shall, within 10 days after the final disposition of the action, certify the disposition to the commission.

History.--s. 3, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(3); s. 7, ch. 22858, 1945; s. 1, ch. 70-404; s. 571, ch. 95-148; s. 122, ch. 99-245; s. 19, ch. 2000-197; s. 3, ch. 2003-151.

372.071  Powers of arrest by agents of Department of Environmental Protection or Fish and Wildlife Conservation Commission.--Any certified law enforcement officer of the Department of Environmental Protection or the Fish and Wildlife Conservation Commission, upon receiving information, relayed to her or him from any law enforcement officer stationed on the ground, on the water, or in the air, that a driver, operator, or occupant of any vehicle, boat, or airboat has violated any section of chapter 327, chapter 328, chapter 370, or this chapter, or s. 597.010 or s. 597.020, may arrest the driver, operator, or occupant for violation of said laws when reasonable and proper identification of the vehicle, boat, or airboat and reasonable and probable grounds to believe that the driver, operator, or occupant has committed or is committing any such offense have been communicated to the arresting officer by the other officer stationed on the ground, on the water, or in the air.

History.--s. 1, ch. 70-396; s. 1, ch. 79-217; s. 242, ch. 94-356; s. 1000, ch. 95-148; s. 123, ch. 99-245; s. 14, ch. 2000-364.

372.072  Endangered and Threatened Species Act.--

(1)  SHORT TITLE.--This section may be cited as the "Florida Endangered and Threatened Species Act."

(2)  DECLARATION OF POLICY.--The Legislature recognizes that the State of Florida harbors a wide diversity of fish and wildlife and that it is the policy of this state to conserve and wisely manage these resources, with particular attention to those species defined by the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the United States Department of Interior, or successor agencies, as being endangered or threatened. As Florida has more endangered and threatened species than any other continental state, it is the intent of the Legislature to provide for research and management to conserve and protect these species as a natural resource.

(3)  DEFINITIONS.--As used in this section:

(a)  "Fish and wildlife" means any member of the animal kingdom, including, but not limited to, any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate.

(b)  "Endangered species" means any species of fish and wildlife naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat; overutilization for commercial, sporting, scientific, or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence.

(c)  "Threatened species" means any species of fish and wildlife naturally occurring in Florida which may not be in immediate danger of extinction, but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment.

(4)  INTERAGENCY COORDINATION.--

(a)  The commission shall be responsible for research and management of freshwater and upland species and for research and management of marine species.

(b)  Recognizing that citizen awareness is a key element in the success of this plan, the commission and the Department of Education are encouraged to work together to develop a public education program with emphasis on, but not limited to, both public and private schools.

(c)  The commission, in consultation with the Department of Agriculture and Consumer Services, the Department of Community Affairs, or the Department of Transportation, may establish reduced speed zones along roads, streets, and highways to protect endangered species or threatened species.

(5)  ANNUAL REPORT.--The director of the commission shall, at least 30 days prior to each annual session of the Legislature, transmit to the Governor and Cabinet, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the appropriate Senate and House committees, a revised and updated plan for management and conservation of endangered and threatened species, including criteria for research and management priorities; a description of the educational program; statewide policies pertaining to protection of endangered and threatened species; additional legislation which may be required; and the recommended level of funding for the following year, along with a progress report and budget request.

(6)  MEASURABLE BIOLOGICAL GOALS.--Measurable biological goals that define manatee recovery developed by the commission, working in conjunction with the United States Fish and Wildlife Service, shall be used by the commission in its development of management plans or work plans. In addition to other criteria, these measurable biological goals shall be used by the commission when evaluating existing and proposed protection rules, and in determining progress in achieving manatee recovery. Not later than July 1, 2005, the commission shall develop rules to define how measurable biological goals will be used by the commission when evaluating the need for additional manatee protection rules.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 77-375; s. 4, ch. 78-323; s. 82, ch. 79-164; s. 26, ch. 83-85; s. 28, ch. 83-218; s. 1, ch. 90-170; s. 243, ch. 94-356; s. 1001, ch. 95-148; s. 47, ch. 99-245; s. 18, ch. 2000-331; s. 17, ch. 2002-264; s. 3, ch. 2004-343.

372.0725  Killing or wounding of any species designated as endangered, threatened, or of special concern; criminal penalties.--It is unlawful for a person to intentionally kill or wound any fish or wildlife of a species designated by the Fish and Wildlife Conservation Commission as endangered, threatened, or of special concern, or to intentionally destroy the eggs or nest of any such fish or wildlife, except as provided for in the rules of the commission. Any person who violates this provision with regard to an endangered or threatened species is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 4, ch. 91-134; s. 244, ch. 94-356; s. 48, ch. 99-245.

372.073  Endangered and Threatened Species Reward Program.--

(1)  There is established within the Fish and Wildlife Conservation Commission the Endangered and Threatened Species Reward Program, to be funded from the Nongame Wildlife Trust Fund. The commission may post rewards to persons responsible for providing information leading to the arrest and conviction of persons illegally killing or wounding or wrongfully possessing any of the endangered and threatened species listed on the official Florida list of such species maintained by the commission or the arrest and conviction of persons who violate s. 372.667 or s. 372.671. Additional funds may be provided by donations from interested individuals and organizations. The reward program is to be administered by the commission. The commission shall establish a schedule of rewards.

(2)  The commission may expend funds only for the following purposes:

(a)  The payment of rewards to persons, other than law enforcement officers, commission personnel, and members of their immediate families, for information as specified in subsection (1); or

(b)  The promotion of public recognition and awareness of the Endangered and Threatened Species Reward Program.

History.--s. 2, ch. 79-217; s. 29, ch. 83-218; s. 18, ch. 94-265; s. 49, ch. 99-245.

372.074  Fish and Wildlife Habitat Program.--

(1)(a)  There is established within the Fish and Wildlife Conservation Commission the Fish and Wildlife Habitat Program for the purpose of acquiring, assisting other agencies or local governments in acquiring, or managing lands important to the conservation of fish and wildlife.

(b)  The Fish and Wildlife Conservation Commission or its designee shall manage such lands for the primary purpose of maintaining and enhancing their habitat value for fish and wildlife. Other uses may be allowed that are not contrary to this purpose.

(c)  Where acquisition pursuant to this section will result in state ownership of land, title shall be vested in the Board of Trustees of the Internal Improvement Trust Fund as required in chapter 253. Land acquisition pursuant to this section shall be voluntary, negotiated acquisition and, where title is to be vested in the Board of Trustees of the Internal Improvement Trust Fund, is subject to the acquisition procedures of s. 253.025.

(d)  Acquisition costs shall include purchase prices and costs and fees associated with title work, surveys, and appraisals required to complete an acquisition.

(2)  Moneys which may be deposited into the Land Acquisition Trust Fund for the purposes of this section may include, but not be limited to, donations, grants, development-of-regional-impact wildlife mitigation contributions, or legislative appropriations. Preservation 2000 acquisition moneys and Conservation and Recreation Lands management moneys shall not be deposited into this fund.

History.--s. 20, ch. 90-136; s. 10, ch. 90-217; s. 2, ch. 90-227; s. 20, ch. 94-240; s. 17, ch. 94-265; s. 124, ch. 99-245.

372.09  State Game Trust Fund.--The funds resulting from the operation of the commission and from the administration of the laws and regulations pertaining to birds, game, fur-bearing animals, freshwater fish, reptiles, and amphibians, together with any other funds specifically provided for such purposes shall constitute the State Game Trust Fund and shall be used by the commission as it shall deem fit in carrying out the provisions hereof and for no other purposes. The commission may not obligate itself beyond the current resources of the State Game Trust Fund unless specifically so authorized by the Legislature.

History.--s. 13, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(3); s. 7, ch. 22858, 1945.

372.101  Administrative Trust Fund.--

(1)  The Administrative Trust Fund is created within the Fish and Wildlife Conservation Commission.

(2)  The fund is established for use as a depository for funds to be used for management activities that are commissionwide in nature and funded by indirect cost earnings or assessments against trust funds. Moneys to be credited to the trust fund include indirect cost reimbursements from grantors, administrative assessments against trust funds, interest earnings, and other appropriate administrative fees.

(3)  In accordance with s. 19(f)(2), Art. III of the State Constitution, the Administrative Trust Fund shall, unless terminated sooner, be terminated on July 1, 2009. Before its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 2005-18.

372.102  Federal Grants Trust Fund.--

(1)  The Federal Grants Trust Fund is created within the Fish and Wildlife Conservation Commission.

(2)  The fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues. Moneys to be credited to the trust fund shall consist of grants and funding from the Federal Government, interest earnings, and cash advances from other trust funds.

(3)  In accordance with s. 19(f)(2), Art. III of the State Constitution, the Federal Grants Trust Fund shall, unless terminated sooner, be terminated on July 1, 2009. Before its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 2005-19.

372.103  Grants and Donations Trust Fund.--

(1)  The Grants and Donations Trust Fund is created within the Fish and Wildlife Conservation Commission.

(2)  The fund is established for use as a depository for funds to be used for allowable grant and donor agreement activities funded by restricted contractual revenue. Moneys to be credited to the trust fund shall consist of grants and donations from private and public nonfederal sources, interest earnings, and cash advances from other trust funds.

(3)  In accordance with s. 19(f)(2), Art. III of the State Constitution, the Grants and Donations Trust Fund shall, unless terminated sooner, be terminated on July 1, 2009. Before its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 2005-20.

372.105  Lifetime Fish and Wildlife Trust Fund.--

(1)  There is established within the Fish and Wildlife Conservation Commission the Lifetime Fish and Wildlife Trust Fund to be used for the purpose of supporting fish and wildlife conservation programs of the state in accordance with this section.

(2)  The principal of the fund shall be derived from the following:

(a)  Proceeds of any gifts, grants, and contributions to the state which are specifically designated for inclusion in the fund.

(b)  Proceeds from the sale of lifetime licenses issued in accordance with s. 372.57.

(3)  The fund is declared to constitute a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the fund. In recognition of such special trust, the following limitations and restrictions are placed on expenditures from the funds:

(a)  No expenditure or disbursement shall be made from the principal of the fund.

(b)  The interest income received and accruing from the investments of proceeds from the sale of lifetime freshwater fishing licenses and lifetime hunting licenses shall be spent in furtherance of the commission's management, protection, and conservation of wild animal life and freshwater aquatic life as set forth in s. 9, Art. IV of the State Constitution and this chapter and as otherwise authorized by the Legislature.

(c)  The interest income received and accruing from the investments of proceeds from the sale of lifetime saltwater fishing licenses shall be expended for marine law enforcement, marine research, and marine fishery enhancement.

(d)  No expenditures or disbursements from the interest income derived from the sale of lifetime licenses shall be made for any purpose until the respective holders of such licenses attain the age of 16 years. The Fish and Wildlife Conservation Commission as administrator of the fund shall determine actuarially on an annual basis the amounts of interest income within the fund which may be disbursed pursuant to this paragraph. The director shall cause deposits of proceeds from the sale of lifetime licenses to be identifiable by the ages of the license recipients.

(e)  Any limitations or restrictions specified by the donors on the uses of the interest income derived from gifts, grants, and voluntary contributions shall be respected but shall not be binding.

(f)  The fund shall be exempt from the provisions of s. 215.20.

(4)  In the event of a future dissolution or reorganization of the Fish and Wildlife Conservation Commission, any state agency which succeeds the commission or assumes its constitutional or statutory responsibilities shall, through its agency head acting ex officio, assume the trusteeship of the fund and shall be bound by all the limitations and restrictions placed by this section on expenditures from the fund. No repeal or modification of this chapter or s. 9, Art. IV of the State Constitution shall alter the fundamental purposes to which the fund may be applied. No dissolution or reorganization of the Fish and Wildlife Conservation Commission shall invalidate any lifetime license issued in accordance with this section.

History.--s. 1, ch. 91-78; s. 125, ch. 99-245; s. 9, ch. 2002-46.

372.106  Dedicated License Trust Fund.--

(1)  There is established within the Fish and Wildlife Conservation Commission the Dedicated License Trust Fund. The fund shall be credited with moneys collected pursuant to s. 372.57 for 5-year licenses and permits and replacement 5-year licenses.

(2)(a)  One-fifth of the total proceeds from the sale of 5-year hunting and freshwater fishing licenses, permits, and replacement licenses, and all interest derived therefrom, shall be appropriated annually to the State Game Trust Fund.

(b)  One-fifth of the total proceeds from the sale of 5-year saltwater fishing licenses, permits, and replacement licenses, and all interest derived therefrom, shall be appropriated annually to the Marine Resources Conservation Trust Fund.

(3)  The fund shall be exempt from the provisions of s. 215.20.

History.--s. 2, ch. 91-78; s. 126, ch. 99-245; s. 10, ch. 2002-46.

372.107  Federal Law Enforcement Trust Fund.--

(1)  The Federal Law Enforcement Trust Fund is created within the Fish and Wildlife Conservation Commission. The commission may deposit into the trust fund receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing programs. The trust fund is exempt from the service charges imposed by s. 215.20.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

History.--s. 1, ch. 98-391; s. 256, ch. 99-245; s. 2, ch. 2001-33; s. 11, ch. 2003-2.

372.12  Acquisition of state game lands.--The Fish and Wildlife Conservation Commission, with the approval of the Governor, may acquire, in the name of the state, lands and waters suitable for the protection and propagation of game, fish, nongame birds, or fur-bearing animals, or for hunting purposes, game farms, by purchase, lease, gift or otherwise to be known as state game lands. The said commission may erect such buildings and fences as may be deemed necessary to properly maintain and protect such lands, or for propagation of game, nongame birds, freshwater fish, or fur-bearing animals. The title of land acquired by purchase, lease, gift or otherwise, shall be approved by the Department of Legal Affairs. The deed to such lands shall be deposited as are deeds to other state lands. No property acquired under this section shall be exempt from state, county, or district taxation.

History.--ss. 6, 67, ch. 13644, 1929; CGL 1936 Supp. 1977(6), 1977 (67); s. 7, ch. 22858, 1945; s. 25, ch. 29615, 1955; ss. 11, 35, ch. 69-106; s. 127, ch. 99-245.

372.121  Control and management of state game lands.--

(1)  The Fish and Wildlife Conservation Commission is authorized to make, adopt, promulgate, amend, repeal, and enforce all reasonable rules and regulations necessary for the protection, control, operation, management, or development of lands or waters owned by, leased by, or otherwise assigned to, the commission for fish or wildlife management purposes, including but not being limited to the right of ingress and egress. Before any such rule or regulation is adopted, other than one relating to wild animal life, marine life, or freshwater aquatic life, the commission shall obtain the consent and agreement, in writing, of the owner, in the case of privately owned lands or waters, or the owner or primary custodian, in the case of public lands or waters.

(2)  Any person violating or otherwise failing to comply with any rule or regulation so adopted commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 70-40; s. 306, ch. 71-136; s. 1, ch. 90-39; s. 128, ch. 99-245; s. 20, ch. 2000-197.

372.127  Conservation and Recreation Lands Program Trust Fund of the Fish and Wildlife Conservation Commission.--

(1)  There is created a Conservation and Recreation Lands Program Trust Fund within the Fish and Wildlife Conservation Commission. The purpose of the trust fund is to provide for the management of conservation and recreation lands by the commission. Funds may be appropriated to the trust fund from the Conservation and Recreation Lands Trust Fund in the Department of Environmental Protection, as created by s. 259.032(2), or from such other sources as the Legislature may determine.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

History.--s. 1, ch. 2000-288; s. 2, ch. 2001-34; s. 16, ch. 2005-3.

372.16  Private game preserves and farms; penalty.--

(1)  Any person owning land in this state may establish, maintain, and operate within the boundaries thereof, a private preserve and farm, not exceeding an area of 640 acres, for the protection, preservation, propagation, rearing, and production of game birds and animals for private and commercial purposes, provided that no two game preserves shall join each other or be connected. Before any private game preserve or farm is established, the owner or operator shall secure a license from the commission, the fee for which is $50 per year.

(2)  All private game preserves or farms established under the provisions of this section shall be fenced in such manner that domestic game thereon may not escape and wild game on surrounding lands may not enter and shall be subject at any time to inspection by the Fish and Wildlife Conservation Commission, or its conservation officers. Such private preserve or farm shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the game kept thereon. Game reared or produced on private game preserves and farms shall be considered domestic game and private property and may be sold or disposed of as such and shall be the subject of larceny. Live game may be purchased, sold, shipped, and transported for propagation and restocking purposes only at any time. Such game may be sold for food purposes only during the open season provided by law for such game. All game killed must be killed on the premises of such private game preserve or farm and must be killed by means other than shooting, except during the open season. All domestic game sold for food purposes must be marked or tagged in a manner prescribed by the Fish and Wildlife Conservation Commission; and the owner or operator of such private game preserve or farm shall report to the said commission, on blanks to be furnished by it, each sale or shipment of domestic game, such reports showing the quantity and kind of game shipped or sold and to whom sold. Such report shall be made not later than 5 days following such sale or shipment. Game reared or produced as aforesaid may be served as such by hotels, restaurants, or other public eating places during the open season provided by law on such particular species of game, under such regulations as the commission may prescribe.

(3)  It is unlawful for any common carrier to knowingly transport or receive for transportation any domestic game unless the package or container containing such shipment has attached thereto a permit for such shipment and such package or container shall be marked on the outside showing quantity and kind of game enclosed.

(4)  Any person violating this section for the first offense commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and for a second or subsequent offense commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person convicted of violating this section shall forfeit to the commission any license issued under this section; and no further license shall be issued to such person for a period of 1 year following such conviction.

History.--s. 70-A, ch. 13644, 1929; ss. 1-9, ch. 14515, 1929; CGL 1936 Supp. 1901(5)-(15), 1977(71); s. 307, ch. 71-136; s. 223, ch. 81-259; s. 129, ch. 99-245; s. 11, ch. 2002-46; s. 4, ch. 2003-151.

372.19  Preserves, refuges, etc., not tax exempt.--No property acquired by purchase, lease, gift, contract to purchase or lease, or otherwise, under the provisions of this chapter, as state game lands, or any private lands used as game refuges, shooting grounds, privileges, hatcheries or breeding grounds for fish, game, birds or fur-bearing animals, except state-owned lands being used for the protection of game, fish or fur-bearing animals under the provisions of this chapter, shall be exempt from state, county or district taxation. Any contract, lease, gift or purchase of land for such purposes which attempts to exempt or partially exempt such property from taxation shall be null and void and of no effect.

History.--s. 67, ch. 13644, 1929; CGL 1936 Supp. 1977(67).

372.26  Imported fish.--

(1)  No person shall import into the state or place in any of the fresh waters of the state any freshwater fish of any species without having first obtained a permit from the Fish and Wildlife Conservation Commission. The commission is authorized to issue or deny such a permit upon the completion of studies of the species made by it to determine any detrimental effect the species might have on the ecology of the state.

(2)  Persons in violation of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 37, ch. 13644, 1929; CGL 1936 Supp. 1977(37); s. 1, ch. 71-294; s. 1, ch. 80-129; s. 52, ch. 91-224; s. 130, ch. 99-245.

372.265  Regulation of foreign animals.--

(1)  It is unlawful to import for sale or use, or to release within this state, any species of the animal kingdom not indigenous to Florida without having obtained a permit to do so from the Fish and Wildlife Conservation Commission.

(2)  The Fish and Wildlife Conservation Commission is authorized to issue or deny such a permit upon the completion of studies of the species made by it to determine any detrimental effect the species might have on the ecology of the state.

(3)  Persons in violation of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 1, ch. 70-145; s. 308, ch. 71-136; s. 2, ch. 71-294; s. 2, ch. 80-129; s. 131, ch. 99-245.

372.27  Silver Springs and Rainbow Springs, etc., closed to all fishing.--It is unlawful for any person to take any fish within Marion County, from the waters of Rainbow Springs and Rainbow River (formerly known as Blue Springs and Blue Springs River) within that portion of Rainbow Springs State Park lying within a radius of 1,700 feet from the head of Rainbow Springs, or from the waters of Silver Springs or Silver Springs Run from the head of Silver Springs to its junction with the Oklawaha River. However, the Fish and Wildlife Conservation Commission may remove or cause to be removed any gar, mud fish, or other predatory fish from either spring or river when in its judgment their removal is desirable.

History.--ss. 34, 34-A, ch. 13644, 1929; s. 1, ch. 17002, 1935; CGL 1936 Supp. 1977(34), (34-a); s. 6, ch. 26766, 1951; s. 1, ch. 28059, 1953; s. 132, ch. 99-245; s. 37, ch. 2002-46.

372.551  Competitive bidding for certain sale of licenses and permits and the issuance of authorization numbers.--The commission is authorized to establish the following, using competitive bidding procedures:

(1)  A process and a vendor fee for the sale of licenses and permits, and the issuance of authorization numbers, over the telephone.

(2)  A process and a vendor fee for the electronic sale of licenses and permits and for the electronic issuance of authorization numbers.

History.--s. 12, ch. 2002-46.

372.561  Recreational licenses, permits, and authorization numbers to take wild animal life, freshwater aquatic life, and marine life; issuance; costs; reporting.--

(1)  This section applies to all recreational licenses and permits and to any authorization numbers issued by the commission for the use of such recreational licenses or permits.

(2)  The commission shall establish forms for the issuance of recreational licenses and permits.

(3)  The commission shall issue a license, permit, or authorization number to take wild animal life, freshwater aquatic life, or marine life when an applicant provides proof that she or he is entitled to such license, permit, or authorization number. Each applicant for a recreational license, permit, or authorization number shall provide her or his social security number on the application form. Disclosure of social security numbers obtained through this requirement shall be limited to the purposes of administration of the Title IV-D program for child support enforcement, use by the commission, and as otherwise provided by law.

(4)  Licenses and permits to take wild animal life, freshwater aquatic life, or marine life may be sold by the commission, by any tax collector in the state, or by any subagent authorized under s. 372.574.

(5)  In addition to any license or permit fee, the sum of $1.50 shall be charged for each license or management area permit, except for replacement licenses, to cover the cost of issuing such license or permit.

(6)(a)  The fee established pursuant to subsection (5) shall be distributed as follows:

1.  For each hunting license and freshwater fishing license sold by a tax collector, including the combination freshwater fishing and hunting license, the sportsman's license, and the gold sportsman's license, a tax collector may retain $1.00.

2.  For each management area permit sold by a tax collector, a tax collector may retain $1.00.

3.  For each saltwater fishing tag and saltwater fishing license sold by a tax collector, including the combination saltwater fishing and freshwater fishing license and the combination saltwater fishing, freshwater fishing, and hunting license, a tax collector may retain $1.50.

4.  For licenses and management area permits sold by subagents, a tax collector may retain 50 cents for each license sold in the tax collector's county.

5.  Any and all remaining fees shall be deposited in the State Game Trust Fund and shall be used to support an automated license system and administration of the license program.

(b)  Tax collectors shall remit license and permit revenue to the commission weekly.

(7)(a)  The sum of $10 shall be charged for each replacement lifetime license and $2 for all other replacement licenses and permits. A tax collector may retain $1.00 for each replacement license.

(b)  Fees collected from the issuance of replacement licenses shall be deposited in the State Game Trust Fund.

(8)  The commission is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section.

History.--s. 18, ch. 72-404; s. 2, ch. 85-235; s. 6, ch. 86-158; s. 2, ch. 87-261; s. 44, ch. 89-175; s. 11, ch. 90-243; s. 1, ch. 91-58; s. 3, ch. 91-78; s. 16, ch. 93-268; s. 574, ch. 95-148; s. 12, ch. 96-300; s. 15, ch. 98-397; s. 160, ch. 99-13; s. 36, ch. 2000-362; ss. 13, 14, ch. 2002-46; s. 54, ch. 2003-399; s. 17, ch. 2005-3.

372.562  Recreational licenses and permits; exemptions from fees and requirements.--

(1)  Hunting, freshwater fishing, and saltwater fishing licenses and permits shall be issued without fee to any resident who is certified or determined:

(a)  To be totally and permanently disabled for purposes of workers' compensation under chapter 440 as verified by an order of a judge of compensation claims or written confirmation by the carrier providing workers' compensation benefits, or to be totally and permanently disabled by the Railroad Retirement Board, by the United States Department of Veterans Affairs or its predecessor, or by any branch of the United States Armed Forces, or who holds a valid identification card issued under the provisions of s. 295.17, upon proof of same. Any license issued under this paragraph after January 1, 1997, expires after 5 years and must be reissued, upon request, every 5 years thereafter.

(b)  To be disabled by the United States Social Security Administration, upon proof of same. Any license issued under this paragraph after October 1, 1999, expires after 2 years and must be reissued, upon proof of certification of disability, every 2 years thereafter.

A disability license issued after July 1, 1997, and before July 1, 2000, retains the rights vested thereunder until the license has expired.

(2)  A hunting, freshwater fishing, or saltwater fishing license or permit is not required for:

(a)  Any child under 16 years of age, except as otherwise provided in this chapter.

(b)  Any person hunting or fishing on her or his homestead property, or on the homestead property of the person's spouse or minor child; or any minor child hunting or fishing on the homestead property of her or his parent.

(c)  Any resident who is a member of the United States Armed Forces and not stationed in this state, when home on leave for 30 days or less, upon submission of orders.

(d)  Any resident fishing for recreational purposes only, within her or his county of residence with live or natural bait, using poles or lines not equipped with a fishing line retrieval mechanism, except on a legally established fish management area.

(e)  Any person fishing in a fish pond of 20 acres or less that is located entirely within the private property of the fish pond owner.

(f)  Any person fishing in a fish pond that is licensed in accordance with s. 372.5705.

(g)  Any person fishing who has been accepted as a client for developmental disabilities services by the Department of Children and Family Services, provided the department furnishes proof thereof.

(h)  Any resident fishing in salt water from land or from a structure fixed to the land.

(i)  Any person fishing from a vessel licensed pursuant to s. 372.57(7).

(j)  Any person fishing from a vessel the operator of which is licensed pursuant to s. 372.57(7).

(k)  Any person who holds a valid saltwater products license issued under s. 370.06(2).

(l)  Any person fishing for recreational purposes from a pier licensed under s. 372.57.

(m)  Any resident fishing for a saltwater species in fresh water from land or from a structure fixed to land.

(n)  Any resident fishing for mullet in fresh water who has a valid Florida freshwater fishing license.

(o)  Any resident 65 years of age or older who has in her or his possession proof of age and residency. A no-cost license under this paragraph may be obtained from any tax collector's office upon proof of age and residency and must be in the possession of the resident during hunting, freshwater fishing, and saltwater fishing activities.

(p)  Any employee of the commission who takes freshwater fish, saltwater fish, or game as part of employment with the commission, or any other person authorized by commission permit to take freshwater fish, saltwater fish, or game for scientific or educational purposes.

History.--s. 15, ch. 2002-46.

372.57  Recreational licenses, permits, and authorization numbers; fees established.--

(1)  LICENSE, PERMIT, OR AUTHORIZATION NUMBER REQUIRED.--Except as provided in s. 372.562, no person shall take game, freshwater or saltwater fish, or fur-bearing animals within this state without having first obtained a license, permit, or authorization number and paid the fees set forth in this chapter. Such license, permit, or authorization number shall authorize the person to whom it is issued to take game, freshwater or saltwater fish, or fur-bearing animals, and participate in outdoor recreational activities in accordance with the laws of the state and rules of the commission.

(2)  NONTRANSFERABILITY; INFORMATION AND DOCUMENTATION.--

(a)  Licenses, permits, and authorization numbers issued under this chapter are not transferable. Each license and permit must bear on its face in indelible ink the name of the person to whom it is issued and other information as deemed necessary by the commission. Licenses issued to the owner, operator, or custodian of a vessel that directly or indirectly collects fees for taking or attempting to take or possess saltwater fish for noncommercial purposes must include the vessel registration number or federal documentation number.

(b)  The lifetime licenses and 5-year licenses authorized in this section shall be embossed with the name, date of birth, date of issuance, and other pertinent information as deemed necessary by the commission. A certified copy of the applicant's birth certificate shall accompany each application for a lifetime license for a resident 12 years of age or younger.

(c)  A positive form of identification is required when using a free license, a lifetime license, a 5-year license, or an authorization number issued under this chapter, or when otherwise required by a license or permit.

(3)  PERSONAL POSSESSION REQUIRED.--Each license, permit, or authorization number must be in the personal possession of the person to whom it is issued while such person is taking, attempting to take, or possessing game, freshwater or saltwater fish, or fur-bearing animals. Any person taking, attempting to take, or possessing game, freshwater or saltwater fish, or fur-bearing animals who fails to produce a license, permit, or authorization number at the request of a commission law enforcement officer commits a violation of the law.

(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses and fees for residents participating in hunting and fishing activities in this state are as follows:

(a)  Annual freshwater fishing license, $12.

(b)  Annual saltwater fishing license, $12.

(c)  Annual hunting license to take game, $11.

(d)  Annual combination hunting and freshwater fishing license, $22.

(e)  Annual combination freshwater fishing and saltwater fishing license, $24.

(f)  Annual combination hunting, freshwater fishing, and saltwater fishing license, $34.

(g)  Annual license to take fur-bearing animals, $25. However, a resident with a valid hunting license or a no-cost license who is taking fur-bearing animals for noncommercial purposes using guns or dogs only, and not traps or other devices, is not required to purchase this license. Also, a resident 65 years of age or older is not required to purchase this license.

(h)  Annual sportsman's license, $66, except that an annual sportsman's license for a resident 64 years of age or older is $12. A sportsman's license authorizes the person to whom it is issued to take game and freshwater fish, subject to the state and federal laws, rules, and regulations, including rules of the commission, in effect at the time of the taking. Other authorized activities include activities authorized by a management area permit, a muzzle-loading gun permit, a turkey permit, a Florida waterfowl permit, and an archery permit.

(i)  Annual gold sportsman's license, $82. The gold sportsman's license authorizes the person to whom it is issued to take freshwater fish, saltwater fish, and game, subject to the state and federal laws, rules, and regulations, including rules of the commission, in effect at the time of taking. Other authorized activities include activities authorized by a management area permit, a muzzle-loading gun permit, a turkey permit, a Florida waterfowl permit, an archery permit, a snook permit, and a crawfish permit.

(j)  Annual military gold sportsman's license, $18.50. The gold sportsman's license authorizes the person to whom it is issued to take freshwater fish, saltwater fish, and game, subject to the state and federal laws, rules, and regulations, including rules of the commission, in effect at the time of taking. Other authorized activities include activities authorized by a management area permit, a muzzle-loading gun permit, a turkey permit, a Florida waterfowl permit, an archery permit, a snook permit, and a crawfish permit. Any resident who is an active or retired member of the United States Armed Forces, the United States Armed Forces Reserve, the National Guard, the United States Coast Guard, or the United States Coast Guard Reserve is eligible to purchase the military gold sportsman's license upon submission of a current military identification card.

(5)  NONRESIDENT HUNTING AND FISHING LICENSES.--The licenses and fees for nonresidents participating in hunting and fishing activities in the state are as follows:

(a)  Freshwater fishing license to take freshwater fish for 7 consecutive days, $15.

(b)  Saltwater fishing license to take saltwater fish for 3 consecutive days, $5.

(c)  Saltwater fishing license to take saltwater fish for 7 consecutive days, $15.

(d)  Annual freshwater fishing license, $30.

(e)  Annual saltwater fishing license, $30.

(f)  Hunting license to take game for 10 consecutive days, $45.

(g)  Annual hunting license to take game, $150.

(h)  Annual license to take fur-bearing animals, $25. However, a nonresident with a valid Florida hunting license who is taking fur-bearing animals for noncommercial purposes using guns or dogs only, and not traps or other devices, is not required to purchase this license.

(6)  PIER LICENSE.--A pier license for any pier fixed to land for the purpose of taking or attempting to take saltwater fish is $500 per year. The pier license may be purchased at the option of the owner, operator, or custodian of such pier and must be available for inspection at all times.

(7)  VESSEL LICENSES.--

(a)  No person may operate any vessel wherein a fee is paid, either directly or indirectly, for the purpose of taking, attempting to take, or possessing any saltwater fish for noncommercial purposes unless she or he has obtained a license for each vessel for that purpose, and has paid the license fee pursuant to paragraphs (b) and (c) for such vessel.

(b)  A license for any person who operates any vessel licensed to carry more than 10 customers, wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take saltwater fish, is $800 per year. The license must be kept aboard the vessel at all times.

(c)1.  A license for any person who operates any vessel licensed to carry no more than 10 customers, or for any person licensed to operate any vessel carrying 6 or fewer customers, wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take saltwater fish, is $400 per year.

2.  A license for any person licensed to operate any vessel carrying 6 or fewer customers but who operates a vessel carrying 4 or fewer customers, wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take saltwater fish, is $200 per year. The license must be kept aboard the vessel at all times.

3.  A person who operates a vessel required to be licensed pursuant to paragraph (b) or this paragraph may obtain a license in her or his own name, and such license shall be transferable and apply to any vessel operated by the purchaser, provided that the purchaser has paid the appropriate license fee.

(d)  A license for a recreational vessel not for hire and for which no fee is paid, either directly or indirectly, by guests for the purpose of taking or attempting to take saltwater fish noncommercially is $2,000 per year. The license may be purchased at the option of the vessel owner and must be kept aboard the vessel at all times. A log of species taken and the date the species were taken shall be maintained and a copy of the log filed with the commission at the time of renewal of the license.

(e)  The owner, operator, or custodian of a vessel the operator of which has been licensed pursuant to paragraph (a) must maintain and report such statistical data as required by, and in a manner set forth in, the rules of the commission.

(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY PERMITS.--In addition to any license required under this chapter, the following permits and fees for specified hunting, fishing, and recreational uses and activities are required:

(a)  An annual Florida waterfowl permit for a resident or nonresident to take wild ducks or geese within the state or its coastal waters is $3.

(b)1.  An annual Florida turkey permit for a resident to take wild turkeys within the state is $5.

2.  An annual Florida turkey permit for a nonresident to take wild turkeys within the state is $100.

(c)  An annual snook permit for a resident or nonresident to take or possess any snook from any waters of the state is $2. Revenue generated from the sale of snook permits shall be used exclusively for programs to benefit the snook population.

(d)  An annual crawfish permit for a resident or nonresident to take or possess any crawfish for recreational purposes from any waters of the state is $2. Revenue generated from the sale of crawfish permits shall be used exclusively for programs to benefit the crawfish population.

(e)  An annual muzzle-loading gun permit for a resident or nonresident to hunt within the state with a muzzle-loading gun is $5. Hunting with a muzzle-loading gun is limited to game seasons in which hunting with a modern firearm is not authorized by the commission.

(f)  An annual archery permit for a resident or nonresident to hunt within the state with a bow and arrow is $5. Hunting with an archery permit is limited to those game seasons in which hunting with a firearm is not authorized by the commission.

(g)  A special use permit for a resident or nonresident to participate in limited entry hunting or fishing activities as authorized by commission rule shall not exceed $100 per day or $250 per week. Notwithstanding any other provision of this chapter, there are no exclusions, exceptions, or exemptions from this permit fee. In addition to the permit fee, the commission may charge each special use permit applicant a nonrefundable application fee not to exceed $10.

(h)1.  A management area permit for a resident or nonresident to hunt on, fish on, or otherwise use for outdoor recreational purposes land owned, leased, or managed by the commission, or by the state for the use and benefit of the commission, shall not exceed $25 per year.

2.  Permit fees for short-term use of land that is owned, leased, or managed by the commission may be established by rule of the commission for activities on such lands. Such permits may be in lieu of, or in addition to, the annual management area permit authorized in subparagraph 1.

3.  Other than for hunting or fishing, the provisions of this paragraph shall not apply on any lands not owned by the commission, unless the commission has obtained the written consent of the owner or primary custodian of such lands.

(i)1.  A recreational user permit is required to hunt on, fish on, or otherwise use for outdoor recreational purposes land leased by the commission from private nongovernmental owners, except for those lands located directly north of the Apalachicola National Forest, east of the Ochlocknee River until the point the river meets the dam forming Lake Talquin, and south of the closest federal highway. The fee for a recreational user permit shall be based upon the economic compensation desired by the landowner, game population levels, desired hunter density, and administrative costs. The permit fee shall be set by commission rule on a per-acre basis. The recreational user permit fee, less administrative costs of up to $25 per permit, shall be remitted to the landowner as provided in the lease agreement for each area.

2.  One minor dependent, 16 years of age or younger, may hunt under the supervision of the permittee and is exempt from the recreational user permit requirements. The spouse and dependent children of a permittee are exempt from the recreational user permit requirements when engaged in outdoor recreational activities other than hunting and when accompanied by a permittee. Notwithstanding any other provision of this chapter, no other exclusions, exceptions, or exemptions from the recreational user permit fee are authorized.

(9)  RESIDENT 5-YEAR HUNTING AND FISHING LICENSES.--

(a)  Five-year licenses are available for residents only, as follows:

1.  A 5-year freshwater fishing or saltwater fishing license is $60 for each type of license and authorizes the person to whom the license is issued to take or attempt to take or possess freshwater fish or saltwater fish consistent with the state and federal laws and regulations and rules of the commission in effect at the time of taking.

2.  A 5-year hunting license is $55 and authorizes the person to whom it is issued to take or attempt to take or possess game consistent with the state and federal laws and regulations and rules of the commission in effect at the time of taking.

3.  The commission is authorized to sell the hunting, fishing, and recreational activity permits authorized in subsection (8) for a 5-year period to match the purchase of 5-year fishing and hunting licenses. The fee for each permit issued under this paragraph shall be five times the annual cost established in subsection (8).

(b)  Proceeds from the sale of all 5-year licenses and permits shall be deposited into the Dedicated License Trust Fund, to be distributed in accordance with the provisions of s. 372.106.

(10)  RESIDENT LIFETIME FRESHWATER OR SALTWATER FISHING LICENSES.--

(a)  Lifetime freshwater fishing licenses or saltwater fishing licenses are available for residents only, as follows, for:

1.  Persons 4 years of age or younger, for a fee of $125.

2.  Persons 5 years of age or older, but under 13 years of age, for a fee of $225.

3.  Persons 13 years of age or older, for a fee of $300.

(b)  The following activities are authorized by the purchase of a lifetime freshwater fishing license:

1.  Taking, or attempting to take or possess, freshwater fish consistent with the state and federal laws and regulations and rules of the commission in effect at the time of the taking.

2.  All activities authorized by a management area permit, excluding hunting.

(c)  The following activities are authorized by the purchase of a lifetime saltwater fishing license:

1.  Taking, or attempting to take or possess, saltwater fish consistent with the state and federal laws and regulations and rules of the commission in effect at the time of the taking.

2.  All activities authorized by a snook permit and a crawfish permit.

3.  All activities for which an additional license, permit, or fee is required to take or attempt to take or possess saltwater fish, which additional license, permit, or fee was imposed subsequent to the date of the purchase of the lifetime saltwater fishing license.

(11)  RESIDENT LIFETIME HUNTING LICENSES.--

(a)  Lifetime hunting licenses are available to residents only, as follows, for:

1.  Persons 4 years of age or younger, for a fee of $200.

2.  Persons 5 years of age or older, but under 13 years of age, for a fee of $350.

3.  Persons 13 years of age or older, for a fee of $500.

(b)  The following activities are authorized by the purchase of a lifetime hunting license:

1.  Taking, or attempting to take or possess, game consistent with the state and federal laws and regulations and rules of the commission in effect at the time of the taking.

2.  All activities authorized by a muzzle-loading gun permit, a turkey permit, an archery permit, a Florida waterfowl permit, and a management area permit, excluding fishing.

(12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--

(a)  Lifetime sportsman's licenses are available to residents only, as follows, for:

1.  Persons 4 years of age or younger, for a fee of $400.

2.  Persons 5 years of age or older, but under 13 years of age, for a fee of $700.

3.  Persons 13 years of age or older, for a fee of $1,000.

(b)  The following activities are authorized by the purchase of a lifetime sportsman's license:

1.  Taking, or attempting to take or possess, freshwater and saltwater fish, and game, consistent with the state and federal laws and regulations and rules of the commission in effect at the time of taking.

2.  All activities authorized by a management area permit, a muzzle-loading gun permit, a turkey permit, an archery permit, a Florida waterfowl permit, a snook permit, and a crawfish permit.

(13)  PROCEEDS FROM THE SALE OF LIFETIME LICENSES.--The proceeds from the sale of all lifetime licenses authorized in this section shall be deposited into the Lifetime Fish and Wildlife Trust Fund, to be distributed as provided in s. 372.105.

(14)  RECIPROCAL FEE AGREEMENTS.--The commission is authorized to reduce the fees for licenses and permits under this section for residents of those states with which the commission has entered into reciprocal agreements with respect to such fees.

(15)  FREE FISHING DAYS.--The commission may designate by rule no more than 2 consecutive or nonconsecutive days in each year as free freshwater fishing days and no more than 2 consecutive or nonconsecutive days in each year as free saltwater fishing days. Notwithstanding any other provision of this chapter, any person may take freshwater fish for noncommercial purposes on a free freshwater fishing day and may take saltwater fish for noncommercial purposes on a free saltwater fishing day, without obtaining or possessing a license or permit or paying a license or permit fee as prescribed in this section. A person who takes freshwater or saltwater fish on a free fishing day must comply with all laws, rules, and regulations governing the holders of a fishing license or permit and all other conditions and limitations regulating the taking of freshwater or saltwater fish as are imposed by law or rule.

History.--ss. 15, 19-21, ch. 13644, 1929; s. 1, ch. 17015, 1935; s. 1, ch. 17018, 1935; CGL 1936 Supp. 1977(15); s. 1, ch. 19509, 1939; s. 1, ch. 20886, 1941; s. 1, ch. 23087, 1945; s. 1, ch. 26943, 1951; s. 1, ch. 26944, 1951; s. 1, ch. 29672, 1955; s. 1, ch. 57-185; s. 2, ch. 59-73; s. 1, ch. 61-366; s. 1, ch. 61-392; s. 2, ch. 63-30; s. 1, ch. 65-373; s. 1, ch. 69-40; s. 1, ch. 70-26; s. 1, ch. 71-142; s. 103, ch. 73-333; s. 1, ch. 76-67; ss. 1, 2, ch. 76-156; ss. 1, 2, ch. 77-405; s. 1, ch. 78-6; s. 1, ch. 78-163; ss. 1, 2, ch. 79-107; s. 83, ch. 79-164; s. 143, ch. 79-400; s. 1, ch. 80-180; s. 1, ch. 81-240; s. 1, ch. 82-188; s. 7, ch. 83-71; s. 30, ch. 83-218; s. 3, ch. 85-235; s. 8, ch. 85-324; s. 7, ch. 86-158; ss. 1, 3, ch. 87-261; s. 16, ch. 87-356; s. 1, ch. 87-540; s. 45, ch. 89-175; s. 11, ch. 89-270; s. 12, ch. 90-243; s. 2, ch. 91-58; s. 4, ch. 91-78; s. 17, ch. 93-268; s. 245, ch. 94-356; s. 1002, ch. 95-148; s. 2, ch. 96-265; s. 13, ch. 96-300; s. 3, ch. 97-217; s. 2, ch. 98-333; s. 14, ch. 98-336; s. 16, ch. 98-397; s. 65, ch. 99-8; s. 161, ch. 99-13; s. 134, ch. 99-245; s. 21, ch. 99-292; s. 14, ch. 99-353; s. 37, ch. 2000-362; s. 8, ch. 2001-272; s. 16, ch. 2002-46; s. 5, ch. 2003-151; s. 1, ch. 2005-45.

372.5701  Deposit of license fees; allocation of federal funds.--

(1)  Except as provided in ss. 372.105 and 372.106, all saltwater license and permit fees collected pursuant to s. 372.57 shall be deposited into the Marine Resources Conservation Trust Fund, to be used as follows:

(a)  Not more than 7.5 percent of the total fees collected shall be used for administration of the licensing program and for information and education.

(b)  Not less than 30 percent of the total fees collected shall be used for law enforcement.

(c)  Not less than 32.5 percent of the total fees collected shall be used for marine research and management.

(d)  Not less than 30 percent of the total fees collected, for fishery enhancement, including, but not limited to, fishery statistics development, artificial reefs, and fish hatcheries.

(2)  The Legislature shall annually appropriate to the commission from the General Revenue Fund for the activities and programs specified in subsection (1) at least the same amount of money as was appropriated to the Department of Environmental Protection from the General Revenue Fund for such activities and programs for fiscal year 1988-1989, and the amounts appropriated to the commission for such activities and programs from the Marine Resources Conservation Trust Fund shall be in addition to the amount appropriated to the commission for such activities and programs from the General Revenue Fund. The proceeds from recreational saltwater fishing license fees paid by fishers shall only be appropriated to the commission.

(3)  Funds available from the Wallop-Breaux Aquatic Resources Trust Fund shall be distributed by the commission between freshwater fisheries management and research and marine fisheries management and research in proportion to the numbers of resident fresh and saltwater anglers as determined by the most current data on license sales. Unless otherwise provided by federal law, the commission, at a minimum, shall provide the following:

(a)  Not less than 5 percent or more than 10 percent of the funds allocated to the commission shall be expended for an aquatic resources education program; and

(b)  Not less than 10 percent of the funds allocated to the commission shall be expended for acquisition, development, renovation, or improvement of boating facilities.

History.--s. 7, ch. 89-270; s. 6, ch. 90-243; s. 13, ch. 91-78; s. 212, ch. 94-356; s. 985, ch. 95-148; s. 5, ch. 96-300; s. 25, ch. 96-321; s. 4, ch. 98-203; s. 42, ch. 99-245; s. 17, ch. 2002-46; s. 10, ch. 2004-264.

Note.--Former s. 370.0608.

372.5702  Expenditure of funds.--Any moneys available pursuant to s. 372.5701(1)(c) may be expended by the commission within Florida through grants and contracts for research with research institutions including but not limited to: Florida Sea Grant; Florida Marine Resources Council; Harbour Branch Oceanographic Institute; Technological Research and Development Authority; Fish and Wildlife Research Institute of the Fish and Wildlife Conservation Commission; Mote Marine Laboratory; Marine Resources Development Foundation; Florida Institute of Oceanography; Rosentiel School of Marine and Atmospheric Science; and Smithsonian Marine Station at Ft. Pierce.

History.--s. 10, ch. 89-270; s. 213, ch. 94-356; s. 26, ch. 96-321; s. 240, ch. 99-245; s. 18, ch. 2002-46; s. 11, ch. 2004-264.

Note.--Former s. 370.0609.

372.5704  Fish and Wildlife Conservation Commission license program for tarpon; fees; penalties.--

(1)  The commission shall establish a license program for the purpose of issuing tags to individuals desiring to harvest tarpon (megalops atlantica) from the waters of the state. The tags shall be nontransferable, except that the commission may allow for a limited number of tags to be purchased by professional fishing guides for transfer to individuals, and issued by the commission in order of receipt of a properly completed application for a nonrefundable fee of $50 per tag. The commission and any tax collector may sell the tags and collect the fees therefor. Tarpon tags are valid from July 1 through June 30. Before August 15 of each year, each tax collector shall submit to the commission all unissued tags for the previous fiscal year along with a written audit report, on forms prescribed or approved by the commission, as to the numbers of the unissued tags. To defray the cost of issuing any tag, the issuing tax collector shall collect and retain as his or her costs, in addition to the tag fee collected, the amount allowed under s. 372.561(6) for the issuance of licenses.

(2)  The number of tags to be issued shall be determined by rule of the commission. The commission shall in no way allow the issuance of tarpon tags to adversely affect the tarpon population.

(3)  Proceeds from the sale of tarpon tags shall be deposited in the Marine Resources Conservation Trust Fund and shall be used to gather information directly applicable to tarpon management.

(4)  No individual shall take, kill, or possess any fish of the species megalops atlantica, commonly known as tarpon, unless such individual has purchased a tarpon tag and securely attached it through the lower jaw of the fish. Said individual shall within 5 days after the landing of the fish submit a form to the commission which indicates the length, weight, and physical condition of the tarpon when caught; the date and location of where the fish was caught; and any other pertinent information which may be required by the commission. The commission may refuse to issue new tags to individuals or guides who fail to provide the required information.

(5)  Any individual including a taxidermist who possesses a tarpon which does not have a tag securely attached as required by this section shall be subject to penalties as prescribed in s. 370.021. Provided, however, a taxidermist may remove the tag during the process of mounting a tarpon. The removed tag shall remain with the fish during any subsequent storage or shipment.

(6)  Purchase of a tarpon tag shall not accord the purchaser any right to harvest or possess tarpon in contravention of rules adopted by the commission. No individual may sell, offer for sale, barter, exchange for merchandise, transport for sale, either within or without the state, offer to purchase, or purchase any species of fish known as tarpon.

(7)  The commission shall prescribe and provide suitable forms and tags necessary to carry out the provisions of this section.

(8)  The provisions of this section shall not apply to anyone who immediately returns a tarpon uninjured to the water at the place where the fish was caught.

History.--s. 1, ch. 88-170; s. 215, ch. 94-356; s. 986, ch. 95-148; s. 7, ch. 96-300; s. 28, ch. 96-321; s. 4, ch. 98-227; s. 100, ch. 99-245; s. 19, ch. 2002-46.

Note.--Former s. 370.062.

372.5705  Fish pond license.--The owner of a fish pond of more than 20 acres which is located entirely within her or his property may obtain a license from the commission for such pond at a fee of $3 per surface acre, and no fishing license shall be required of any person fishing in such licensed pond.

History.--s. 4, ch. 85-235; s. 575, ch. 95-148.

372.571  Expiration of licenses and permits.--Each license or permit issued under this chapter must be dated when issued. Each license or permit issued under this chapter remains valid for 12 months after the date of issuance, except for a lifetime license issued pursuant to s. 372.57 which is valid from the date of issuance until the death of the individual to whom the license is issued unless otherwise revoked in accordance with s. 372.99, or a 5-year license issued pursuant to s. 372.57 which is valid for 5 consecutive years from the date of purchase unless otherwise revoked in accordance with s. 372.99, or a license issued pursuant to s. 372.57(5)(a), (b), (c), or (f) or (8)(g) or (h)2., which is valid for the period specified on the license. A resident lifetime license or a resident 5-year license that has been purchased by a resident of this state and who subsequently resides in another state shall be honored for activities authorized by that license.

History.--s. 1, ch. 23148, 1945; s. 26, ch. 29615, 1955; s. 1, ch. 65-536; s. 2, ch. 78-163; s. 5, ch. 85-235; s. 8, ch. 86-158; s. 46, ch. 89-175; s. 13, ch. 90-243; s. 3, ch. 91-58; s. 5, ch. 91-78; s. 59, ch. 95-143; s. 3, ch. 96-265; s. 14, ch. 96-300; s. 20, ch. 2002-46.

372.5711  Review of fees for licenses and permits; review of exemptions.--The fees for licenses and permits established under this chapter, and exemptions thereto, shall be reviewed by the Legislature during its regular session every 5 years beginning in 2000.

History.--s. 15, ch. 99-353.

372.5712  Florida waterfowl permit revenues.--

(1)  The commission shall expend the revenues generated from the sale of the Florida waterfowl permit as provided in s. 372.57(8)(a) or that pro rata portion of any license that includes waterfowl hunting privileges, as provided in s. 372.57(4)(h), (i), and (j) and (9)(a)3. as follows: A maximum of 5 percent of the gross revenues shall be expended for administrative costs; a maximum of 25 percent of the gross revenues shall be expended for waterfowl research approved by the commission; and a maximum of 70 percent of the gross revenues shall be expended for projects approved by the commission, in consultation with the Waterfowl Advisory Council, for the purpose of protecting and propagating migratory waterfowl and for the development, restoration, maintenance, and preservation of wetlands within the state.

(2)  The intent of this section is to expand waterfowl research and management and increase waterfowl populations in the state without detracting from other programs. The commission shall prepare an annual report documenting the use of funds generated under the provisions of this section, to be submitted to the Governor, the Speaker of the House of Representatives, and the President of the Senate on or before September 1 of each year.

History.--s. 1, ch. 79-285; s. 224, ch. 81-259; s. 6, ch. 85-235; s. 9, ch. 85-324; s. 1, ch. 86-158; s. 6, ch. 91-78; s. 60, ch. 95-143; s. 4, ch. 96-265; s. 15, ch. 96-300; s. 6, ch. 2001-62; s. 21, ch. 2002-46; s. 2, ch. 2005-45.

372.5714  Waterfowl Advisory Council.--

(1)  There is created a Waterfowl Advisory Council consisting of three members, one appointed by the Governor, one appointed by the Speaker of the House of Representatives, and one appointed by the President of the Senate. Members may be representative of appropriate state agencies, private conservation groups, or private citizens and shall possess knowledge and experience in the area of waterfowl management and protection. Members shall be appointed for 4-year, staggered terms and shall be eligible for reappointment. A vacancy shall be filled by appointment for the remainder of the unexpired term.

(2)  The council shall meet at least once a year either in person or by a telephone conference call, shall elect a chair annually to preside over its meetings and perform any other duties directed by the council, and shall maintain minutes of each meeting. All records of council activities shall be kept on file with the Fish and Wildlife Conservation Commission and shall be made available to any interested person. The Fish and Wildlife Conservation Commission shall provide such staff support as is necessary to the council to carry out its duties. Members of the council shall serve without compensation, but shall be reimbursed for per diem and travel expenses as provided in s. 112.061 when carrying out the official business of the council.

(3)  It shall be the duty of the council to advise the commission regarding the administration of revenues generated by the sale of the Florida waterfowl permit provided for by s. 372.5712. In particular, the council shall consult with and advise the commission with respect to the establishment and operation of projects for the protection and propagation of migratory waterfowl and the development, restoration, maintenance, and preservation of wetlands within the state, to be financed by such revenues as specified in said section.

History.--ss. 2, 3, ch. 79-285; ss. 1, 4, ch. 82-46; ss. 5, 6, 8, ch. 89-116; s. 5, ch. 91-429; s. 61, ch. 95-143; s. 576, ch. 95-148; s. 5, ch. 96-265; s. 135, ch. 99-245.

372.5715  Florida wild turkey permit revenues.--

(1)  The commission shall expend the revenues generated from the sale of the turkey permit as provided for in s. 372.57(8)(b) or that pro rata portion of any license that includes turkey hunting privileges as provided for in s. 372.57(4)(h), (i), and (j) for research and management of wild turkeys.

(2)  The intent of this section is to expand wild turkey research and management and to increase wild turkey populations in the state without detracting from other programs. The commission shall prepare an annual report documenting the use of funds generated under the provisions of this section, to be submitted to the Governor, the Speaker of the House of Representatives, and the President of the Senate on or before September 1 of each year.

History.--s. 7, ch. 85-235; s. 7, ch. 91-78; s. 6, ch. 96-265; s. 16, ch. 96-300; s. 7, ch. 2001-62; s. 22, ch. 2002-46; s. 3, ch. 2005-45.

372.5717  Hunter safety course; requirements; penalty.--

(1)  This section may be cited as the Senator Joe Carlucci Hunter Safety Act.

(2)  A person born on or after June 1, 1975, may not be issued a license to take wild animal life with the use of a firearm, gun, bow, or crossbow in this state without having first successfully completed a hunter safety course as provided in this section, and without having in his or her personal possession a hunter safety certification card, as provided in this section.

(3)  The Fish and Wildlife Conservation Commission shall institute and coordinate a statewide hunter safety course which must be offered in every county and consist of not less than 12 hours nor more than 16 hours of instruction including, but not limited to, instruction in the competent and safe handling of firearms, conservation, and hunting ethics.

(4)  The commission shall issue a permanent hunter safety certification card to each person who successfully completes the hunter safety course. The commission shall maintain records of hunter safety certification cards issued and shall establish procedures for replacing lost or destroyed cards.

(5)  A hunter safety certification card issued by a wildlife agency of another state, or any Canadian province, which shows that the holder of the card has successfully completed a hunter safety course approved by the commission is an acceptable substitute for the hunter safety certification card issued by the commission.

(6)  All persons subject to the requirements of subsection (2) must have in their personal possession, proof of compliance with this section, while taking or attempting to take wildlife with the use of a firearm, gun, bow, or crossbow and must display a valid hunter safety certification card to county tax collectors or their subagents in order to purchase a Florida hunting license. After the issuance of a license, the license itself shall serve as proof of compliance with this section. A holder of a lifetime license whose license does not indicate on the face of the license that a hunter safety course has been completed must have in his or her personal possession a hunter safety certification card, as provided by this section, while attempting to take wild animal life with the use of a firearm, gun, bow, or crossbow.

(7)  The hunter safety requirements of this section do not apply to persons for whom licenses are not required under s. 372.562(2).

(8)  A person who violates this section shall be cited for a noncriminal infraction, punishable as provided in s. 372.711.

History.--s. 1, ch. 89-274; s. 4, ch. 91-58; s. 15, ch. 91-78; s. 53, ch. 91-224; s. 577, ch. 95-148; s. 1, ch. 96-193; s. 136, ch. 99-245; s. 23, ch. 2002-46; s. 17, ch. 2004-335.

372.5718  Hunter safety course for juveniles.--The Fish and Wildlife Conservation Commission shall develop a hunter safety course for juveniles who are at least 5 years of age but less than 16 years of age. The course must include, but is not limited to, instruction in the competent and safe handling of firearms, conservation, and hunting ethics. The course must be appropriate for the ages of the students. The course is voluntary and must be offered in each county in the state at least annually. The course is in addition to, and not in lieu of, the hunter safety course prescribed in s. 372.5717.

History.--s. 2, ch. 96-193; s. 137, ch. 99-245.

372.573  Management area permit revenues.--The commission shall expend the revenue generated from the sale of the management area permit as provided for in s. 372.57(8)(h) or that pro rata portion of any license that includes management area privileges as provided for in s. 372.57(4)(h), (i), and (j) for the lease, management, and protection of lands for public hunting, fishing, and other outdoor recreation.

History.--ss. 1, 2, ch. 25463, 1949; s. 1, ch. 59-390; s. 1, ch. 72-337; s. 103, ch. 73-333; s. 2, ch. 76-67; s. 1, ch. 79-372; s. 2, ch. 80-180; s. 2, ch. 82-188; s. 8, ch. 85-235; s. 10, ch. 85-324; s. 2, ch. 86-158; s. 8, ch. 91-78; s. 7, ch. 96-265; s. 162, ch. 99-13; s. 24, ch. 2002-46; s. 4, ch. 2005-45.

372.574  Appointment of subagents for the sale of hunting, fishing, and trapping licenses and permits.--

(1)  Subagents shall serve at the pleasure of the commission. The commission may establish, by rule, procedures for the selection and appointment of subagents. The following are requirements for subagents so appointed:

(a)  The commission may require each subagent to post an appropriate bond as determined by the commission, using an insurance company acceptable to the commission. In lieu of the bond, the commission may purchase blanket bonds covering all or selected subagents or may allow a subagent to post other security as required by the commission.

(b)  A subagent may sell licenses and permits as authorized by the commission at specific locations within the county and in states as will best serve the public interest and convenience in obtaining licenses and permits. The commission may prohibit subagents from selling certain licenses or permits.

(c)  It is unlawful for any person to handle licenses or permits for a fee or compensation of any kind unless he or she has been appointed as a subagent.

(d)  Any person who willfully violates any of the provisions of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(e)  A subagent may charge and receive as his or her compensation 50 cents for each license or permit sold. This charge is in addition to the sum required by law to be collected for the sale and issuance of each license or permit.

(f)  A subagent shall submit payment for and report the sale of licenses and permits to the commission as prescribed by the commission.

(2)  The Fish and Wildlife Conservation Commission or any other law enforcement agency may carry out any investigation necessary to secure information required to carry out and enforce this section.

(3)  All social security numbers that are provided pursuant to ss. 372.561 and 372.57 and are contained in records of any subagent appointed under this section are confidential as provided in those sections.

History.--ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 59-494; s. 1, ch. 65-509; s. 310, ch. 71-136; s. 106, ch. 71-355; s. 103, ch. 73-333; s. 1, ch. 80-369; s. 3, ch. 82-188; s. 31, ch. 83-218; s. 9, ch. 85-235; s. 14, ch. 90-243; s. 578, ch. 95-148; s. 17, ch. 96-300; s. 17, ch. 98-397; s. 138, ch. 99-245; s. 38, ch. 2000-362; ss. 25, 26, ch. 2002-46.

372.58  False statement in application for license or permit.--Any person who swears or affirms to any false statement in any application for license or permit provided by this chapter, is guilty of violating this chapter, and shall be subject to the penalty provided in s. 372.83, and any false statement contained in any application for such license or permit renders the license or permit void.

History.--s. 16, ch. 13644, 1929; CGL 1936 Supp. 1977(16); s. 10, ch. 85-235; s. 6, ch. 91-134; s. 18, ch. 96-300.

372.581  Entering false information on licenses or permits.--Whoever knowingly and willfully enters false information on, or allows or causes false information to be entered on or shown upon any license or permit issued under the provisions of this chapter in order to avoid prosecution or to assist another to avoid prosecution, or for any other wrongful purpose shall be punished as provided in s. 372.83.

History.--s. 1, ch. 65-159; s. 11, ch. 85-235; s. 7, ch. 91-134; s. 19, ch. 96-300.

372.59  License and permit not transferable.--A person may not alter or change in any manner, or loan or transfer to another, any license or permit issued pursuant to the provisions of this chapter, nor may any other person, other than the person to whom it is issued, use the same.

History.--s. 17, ch. 13644, 1929; CGL 1936 Supp. 1977(17); s. 12, ch. 85-235; s. 20, ch. 96-300.

372.65  Freshwater fish dealer's license.--

(1)  No person shall engage in the business of taking for sale or selling any frogs or freshwater fish, including live bait, of any species or size, or importing any exotic or nonindigenous fish, until such person has obtained a license and paid the fee therefor as set forth herein. The license issued shall be in the possession of the person to whom issued while such person is engaging in the business of taking for sale or selling freshwater fish or frogs, is not transferable, shall bear on its face in indelible ink the name of the person to whom it is issued, and shall be affixed to a license identification card issued by the commission. Such license is not valid unless it bears the name of the person to whom it is issued and is so affixed. The failure of such person to exhibit such license to the commission or any of its wildlife officers when such person is found engaging in such business is a violation of law. The license fees and activities permitted under particular licenses are as follows:

(a)  The fee for a resident commercial fishing license, which permits a resident to take freshwater fish or frogs by any lawful method prescribed by the commission and to sell such fish or frogs, shall be $25. The license provided for in this paragraph shall also allow noncommercial fishing as provided by law and commission rules, and the license in s. 372.57(4)(a) shall not be required.

(b)  The fee for a resident freshwater fish dealer's license, which permits a resident to import, export, or sell freshwater fish or frogs, including live bait, shall be $40.

(c)  The fee for a nonresident commercial fishing license, which permits a nonresident to take freshwater fish or frogs as provided in paragraph (a), shall be $100.

(d)  The fee for a nonresident retail fish dealer's license, which permits a nonresident to sell freshwater fish or frogs to a consumer, shall be $100.

(e)  The fee for a nonresident wholesale fish dealer's license, which permits a nonresident to sell freshwater fish or frogs within the state, and to buy freshwater fish or frogs for resale, shall be $500.

(f)  The fee for a nonresident wholesale fish buyer's license, which permits a nonresident who does not sell freshwater fish or frogs in Florida to buy freshwater fish or frogs from resident fish dealers for resale outside the state, shall be $50.

(g)  Any individual or business issued an aquaculture certificate, pursuant to s. 597.004, shall be exempt from the requirements of this chapter with respect to aquaculture products authorized under such certificate.

(h)  There is levied, in addition to any other license fee thereon, an annual gear license fee of $50 upon each person fishing with trawl seines used in the fresh waters of the state.

(i)  There is levied, in addition to any other license fee thereon, an annual gear license fee of $100 upon each person fishing with haul seines used in the fresh waters of the state.

(2)  Each boat engaged in commercial fishing shall have at least one licensed commercial fisher on board.

(3)  It shall be unlawful for any resident freshwater fish dealer, or any nonresident wholesale or nonresident retail fish dealer, or any nonresident wholesale fish buyer to buy freshwater fish or frogs from any unlicensed person.

History.--s. 31, ch. 13644, 1929; CGL 1936 Supp. 1977(31); s. 2, ch. 61-119; ss. 1, 2, ch. 78-189; s. 14, ch. 85-235; s. 12, ch. 85-324; ss. 4, 5, ch. 86-158; s. 2, ch. 90-92; s. 580, ch. 95-148; s. 15, ch. 96-247; s. 16, ch. 98-333; s. 8, ch. 99-390; s. 27, ch. 2002-46.

372.651  Haul seine and trawl permits; freshwater lakes in excess of 500 square miles; fees.--

(1)  The Fish and Wildlife Conservation Commission is authorized to issue permits for each haul seine or trawl used in freshwater lakes in the state having an area in excess of 500 square miles.

(2)  The commission may charge an annual fee for the issuance of such permits