1999 Florida Code
TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 370 Saltwater Fisheries  
370.0605   Saltwater fishing license required; fees.

370.0605  Saltwater fishing license required; fees.--

(1)(a)  No person, except as provided in this section, may take, attempt to take, or possess any marine fish for noncommercial purposes unless the person has been issued an authorization, or has obtained a license pursuant to paragraph (2)(a) and any required permits under ss. 370.1111 and 370.14, nor may any person operate any vessel wherein a fee is paid either directly or indirectly for the purpose of taking, attempting to take, or possessing any marine fish for noncommercial purposes, unless he or she has been issued an authorization or has obtained a license for each vessel for that purpose and has paid the license fee pursuant to subparagraphs (2)(b)1. and 2. for such vessel. One-year licenses must be dated when issued and remain valid for 12 months after the date of issuance. Each license must bear on its face, in indelible ink, the name of the person to whom it is issued and other information required by the commission, and, if the license is issued to the owner, operator, or custodian of a vessel, the vessel registration number or federal documentation number must be included. Licenses, permits, and authorizations are not transferable.

(b)  Any required license, permit, or authorization must be in the personal possession of the person taking, attempting to take, or possessing marine fish or in the possession of the person operating any vessel wherein a fee is paid, either directly or indirectly, for the purpose of taking or attempting to take marine fish for noncommercial purposes and must be exhibited to any authorized law enforcement officer upon his or her request. A positive form of identification is required when using an authorization.

(c)1.  The 5-year licenses provided herein shall be embossed with the applicant's name, date of birth, and other pertinent information as deemed necessary by the commission.

2.  A resident 5-year license which was purchased by a resident of this state who subsequently resides in another state will be honored for activities authorized by the license.

3.  A positive form of identification is required when using a 5-year license.

(2)  Saltwater fishing license fees are as follows:

(a)1.  For a resident of the state, $12 for a 1-year license.

2.  For a resident of the state, $60 for 5 consecutive years from the date of purchase.

3.  For a nonresident of the state, $5 for a 3-day license, $15 for a 7-day license, and $30 for a 1-year license.

4.  For purposes of this section, "resident" has the same meaning as that found in s. 372.001.

(b)1.  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 marine fish, $800 per year. The license must be kept aboard the vessel at all times.

2.  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 marine fish, $400 per year; provided 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 such purposes, $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 subparagraph 1. or subparagraph 2. may obtain a license in his or her 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.

4.  For any pier fixed to the land for the purpose of taking or attempting to take marine fish therefrom, $500 per year. Owners, operators, or custodians of piers have the discretion to buy the annual $500 license. Those who elect to purchase such license must have the license available for inspection at all times.

5.  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 marine fish noncommercially, $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 Fish and Wildlife Conservation Commission at the time of renewal of the license.

(c)  The commission is authorized to reduce the fees for licenses under this section for residents of those states with which the commission has entered into reciprocal agreements with respect to such fees.

(d)  License fees paid pursuant to this subsection are nonrefundable and may not be used as credit toward any other license fee required by this chapter. No other license fee paid pursuant to this chapter shall be used as credit towards the license fees required by this subsection. The owner, operator, or custodian of a vessel the operator of which has been licensed pursuant to subsection (1) must maintain and report such statistical data as required by, and in a manner set forth in, the rules of the commission.

(3)  A saltwater fishing license is not required for:

(a)  Any person under 16 years of age.

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

(c)  Any person fishing from a vessel the operator of which is licensed pursuant to subsection (1).

(d)  Any person who holds a valid saltwater products license issued pursuant to s. 370.06(2).

(e)  Any resident 65 years of age or older.

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

(g)  Any person who has been accepted by the Department of Children and Family Services for developmental services or any licensed provider of services to the State of Florida through contract with the Department of Children and Family Services, where such service involves the need, normally, for possession of a saltwater fishing license and such service is provided as part of a court-decided rehabilitation program involving training in Florida's aquatic resources.

(h)  Any person fishing from a pier licensed pursuant to subparagraph (2)(b)4.

(i)  Any person fishing from a vessel which is licensed pursuant to subparagraph (2)(b)5.

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

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

(4)  A saltwater fishing license must be issued, without license fee, to any resident who is certified to be totally and permanently disabled by the verified written statement which is based upon the criteria for permanent total disability in chapter 440 of a physician licensed in this state, by any branch of the United States Armed Services, by the Social Security Administration, or by the United States Department of Veterans Affairs or its predecessor or who holds a valid identification card issued by the Department of Veterans' Affairs pursuant to s. 295.17. A Disability Award Notice issued by the United States Social Security Administration is not sufficient certification for obtaining a permanent fishing license under this section unless the notice certifies a resident is totally and permanently disabled. Any license issued after January 1, 1997, expires after 5 years and must be reissued, upon request, every 5 years thereafter.

(5)  The Fish and Wildlife Conservation Commission may issue temporary fishing licenses, upon request, to governmental or nonprofit organizations that sponsor 1-day special events in fishing management areas for individuals with physical, mental, or emotional disabilities, or for the economically disadvantaged. There shall be no fee for such temporary license. The temporary license shall be valid for 1 day and shall designate the date and maximum number of individuals.

(6)(a)  The Fish and Wildlife Conservation Commission, all county tax collectors, or any appointed subagent may sell licenses and permits and collect fees pursuant to this section.

(b)  The commission is the issuing department for the purpose of issuing licenses and permits and collecting fees pursuant to this section.

(c)  In addition to the license and permit fee collected, the sum of $1.50 shall be charged for each license. Such charge shall be for the purpose of, and the source from which is subtracted, all administrative costs of issuance, including, but not limited to, printing, distribution, and credit card fees. Tax collectors may retain $1.50 for each license sold.

(d)1.  Each county tax collector shall maintain records of all such licenses, permits, and stamps that are sold, voided, stolen, or lost. Licenses and permits must be issued and reported, and fees must be remitted, in accordance with the procedures established in chapter 372.

2.  Not later than August 15 of each year, each county tax collector shall submit to the Fish and Wildlife Conservation Commission all unissued stamps for the previous fiscal year along with a written audit report, on forms prescribed or approved by the Fish and Wildlife Conservation Commission, as to the numbers of the unissued stamps.

(e)  A license or permit to replace a lost or destroyed license or permit may be obtained by submitting an application for replacement. The fee is $10 for each application for replacement of a lifetime license and $2 for each application for replacement for any other license or permit. Such fees shall be for the purpose of, and the source from which is subtracted, all administrative costs of issuing the license or permit, including, but not limited to, printing, distribution, and credit card fees. Tax collectors may retain $1 for each application for a replacement license or permit processed.

(7)  A person may not alter or change in any manner, or loan or transfer to another, any license issued pursuant to this section, nor may any person other than the person to whom it is issued use the license.

(8)  It is unlawful for any person to knowingly and willfully enter false information on, or allow or cause false information to be entered on or shown upon, any license issued pursuant to this section in order to avoid prosecution or to assist another to avoid prosecution or for any other wrongful purpose.

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

(10)  It is unlawful for any person to make, forge, counterfeit, or reproduce a saltwater fishing license unless authorized by the commission. It is unlawful for any person knowingly to have in his or her possession a forged, counterfeit, or imitation of such license, unless possession by such person has been fully authorized by the commission. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(11)(a)  Any person cited for a violation of the license requirements of subsection (1) or the permit requirements of s. 370.1111(1)(a) or s. 370.14(10)(a) is guilty of a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, in addition to the cost of the amount of the annual license fee or stamp involved in the infraction, except as otherwise provided in this section. The civil penalty for any other noncriminal infraction shall be $50, except as otherwise provided in this section.

(b)  Any person cited for an infraction under this section may:

1.  Post a bond, which shall be equal in amount to the applicable civil penalty; or

2.  Sign and accept a citation indicating a promise to appear before the county court.

The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty.

(c)  Any person who willfully refuses to post a bond or accept and sign a citation is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(d)  Any person charged with a noncriminal infraction under this section may:

1.  Pay the civil penalty, either by mail or in person, within 30 days after the date of receiving the citation; or

2.  If the person has posted bond, forfeit bond by not appearing at the designated time and location.

If the person cited follows either procedure prescribed in this paragraph, he or she has admitted the infraction and waives his or her right to a hearing on the issue of commission of the infraction. Such admission may not be used as evidence in any other proceedings.

(e)  Any person who elects to appear before the county court or who is required so to appear waives the limitations of the civil penalty specified in paragraph (a). The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction is proved, the court may impose a civil penalty not to exceed $500.

(f)  At a hearing under this subsection, the commission of a charged infraction must be proved beyond a reasonable doubt.

(g)  If a person is found by the hearing official to have committed an infraction, he or she may appeal that finding to the circuit court.

(h)  Any person who fails to pay the civil penalty specified in paragraph (a) within 30 days or who fails to appear before the court is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(12)  The Fish and Wildlife Conservation Commission may designate by rule no more than 2 consecutive or nonconsecutive days in each year as "Disabled Angler Fishing Days." Notwithstanding any other provision of this chapter, any disabled person may take marine fish for noncommercial purposes on a Disabled Angler Fishing Day without obtaining or possessing a license or paying a license fee as prescribed in this section. A disabled person who takes marine fish on a Disabled Angler Fishing Day without obtaining a license or paying a fee must comply with all laws and regulations governing holders of a license and all other conditions and limitations regulating the taking of marine fish as are imposed by law or rule.

History.--s. 2, ch. 89-270; s. 2, ch. 89-532; s. 7, ch. 90-243; s. 12, ch. 91-78; s. 7, ch. 91-154; ss. 2, 3, ch. 91-254; ss. 5, 6, ch. 93-223; s. 9, ch. 93-260; s. 15, ch. 93-268; s. 210, ch. 94-356; s. 984, ch. 95-148; s. 3, ch. 96-300; s. 1, ch. 97-33; s. 44, ch. 97-96; s. 5, ch. 98-227; s. 1, ch. 98-333; s. 63, ch. 99-8; s. 151, ch. 99-13; s. 98, ch. 99-245.