SALT WATER FISHERIES AND CONSERVATION - Florida State ...

Ch. 370 SALT WATER FISHERIES AND CONSERVATION Ch. 370 

located exactly north of aforementioned Coon 

Key Light located in Collier county; thence 

proceed true south (180° from true north) until 

Coon Key Light (the point of beginning) is 

reached. 

There is also established an additional nursery 

area described as follows: 

Beginning at the intersection of the Florida 

boundary line in the straits of Florida with the 

meridian longitude 82° 00' west of Greenwich; 

running thence westerly along said Florida 

boundary line in the straits of Florida to the 

meridian longitude 82° 23' west of Greenwich; 

running thence due north along said meridian 

longitude 82° 23' to its intersection with the 

Florida boundary line in the Gulf of Mexico, 

which is a straight line drawn from the Island 

of Dry Tortugas on a bearing of 75° from magnetic 

north; running thence easterly along said 

Florida boundary line to its intersection with 

said meridian longitude 82° 00'; running thence 

southerly along said meridian longitude 82° 00' 

to the point of beginning. 

Except that in all nursery areas established, 

those areas designated as Tortugas shrimp 

grounds, as above described, shall be opened to 

fishing when the shrimp are large enough as 

prescribed in this chapter. 

(4) (a) The division of marine resources 

is authorized to take title in the name of the 

state of Florida to any vessel, or vessels, suitable 

for use in carrying out the inspection and 

patrol of the Tortugas bed which may be 

offered as a gift to the state by any person, 

firm, corporation or association in the shrimp 

industry, for the purpose of carrying out the 

provisions of this section. ,In the event such 

title is taken to such vessel or vessels, the 

division is authorized to operate and keep said 

vessel or vessels in proper repair. 

(b) The division is further authorized to 

accept the temporary loan of any vessel or vessels, 

suitable for use in carrying out the provisions 

of this section, for periods not exceeding 

one year; provided, however, that the state 

shall not assume any liability to the owner or 

owners of said vessels for any damage done by 

said vessels to other vessels, persons or property; 

and provided further that in the operation 

of said loaned vessels, upkeep and repair 

shall consist only of minor repairs and routine 

maintenance; and provided further that the 

owner or owners shall carry full marine insurance 

coverage on said loaned vessel or vessels 

for the duration of the period during which 

said vessels are operated by the state. 

(c) In the event of emergency, the division 

may lease or rent a suitable vessel for periods 

not exceeding one week. 

(5) Whenever, under the provisions of this 

section, an area of the Tortugas bed as herein 

described has been closed and notice has been 

published, and any shrimp fishing vessel shall 

be found with its nets dragging in such closed 

area, the master of the vessel and the owner 

of the vessel shall be deemed guilty of a misdemeanor, 

and shall upon conviction be assess- 

1851 

ed such penalties as provided hereinafter. Due 

regard shall be given by the arresting officer 

to the receipt of notice of such closing by the 

offending masters, and, if it should appear to 

the arresting officer that the offending master 

did not have actual notice of the closed area, 

whether by buoys, lights, newspaper notices 

or radio, the master shall be issued a warning, 

with copy thereof to the owner of the vessel, as 

shall appear by the vessel's documents, and a 

copy shall be retained by the division of marine 

resources. Repeated warning to the same 

vessel shall be evidence that through carelessness, 

inattention or neglect, a master or owner 

is deliberately seeking to avoid compliance with 

the provisions of this section, and such offender 

may then be assessed the penalties provided 

herein. 

(6) It shall be unlawful to land or attempt 

to land any shrimp in the territorial waters or 

state of Florida without a permit issued by the 

division. Such permit shall be issued without 

charge. The division may revoke such landing 

permit upon a violation of any portion of this 

section. Such revocation of permit by the division 

may be reviewed by the department of 

natural resources, and the decision of the department 

may be reviewed by the circuit court 

under the procedure prescribed for appeals in 

Florida Statutes and the Florida appellate 

rules. 

(7) It shall be unlawful for any person, 

firm or corporation to receive any shrimp from 

any vessel not in possession of a valid permit 

issued by the division. Any person violating 

this subsection of this section shall upon conviction 

be punished by a fine of not more than 

$500. 

(8) Each offense under all subsections, except 

under subsection (7), shall be considered 

a misdemeanor and punishable upon conviction 

as follows: 

(a) For the first offense the owner or the 

master, or both, shall be fined not less than 

$100 nor more than $500. For the second offense 

the owner or master, or both, shall be 

fined not less than $500. 

(b) For the third offense the vessel shall 

be confiscated as provided in §370.061. 

(c) The foregoing fines may be assessed by 

the court, within its discretion, against the 

master or owner, or both the master and owner. 

Cd) In addition to the fines enumerated 

above, the court may adjudge imprisonment in 

the county jail not exceeding 3 months for the 

master. 

(9) (a) Nothing in this section shall apply 

to the taking of live shrimp for bait. All persons, 

firms and corporations desiring to fish 

for live bait shrimp within the areas in which 

trawling is permitted shall first apply to the 

division for a permit. Such application shall be 

ma de on forms to be supplied by the division 

and which shall require the applicant to furnish 

such information as may be deemed


pertinent to the best interests of salt water 

conservation. 

(b) Provided further, that the division may 

refuse to grant permits when it shall be apparent 

that the best interests of salt water conservation 

will be served by such denial. 

(c) Provided further, that permits so 

granted will be subject to immediate revocation 

upon conviction for violation of this subsection 

or when it shall be apparent that the 

best interests of salt water conservation will 

be served by such revocation. 

(d) Provided further, that due to the varied 

habitats and types of bottoms and hydrographic 

conditions embraced by the open fishing 

area, the division shall have the authority 

to specify and regulate the types of gear that 

may be used in the different sections of the 

open area. Such specifications and regulations 

shall be consonant with sound salt water conservation. 

(10) This section shall not apply to foreign 

vessels or any vessel not flying the American 

flag. 

Blltor7.-UI-IO. ch. 57-358; (2), (3) (c). (3) (d) n. 11, ch. 

61-470; U25. 35, ch. 69-106; 162, ch. 69-353. 

370.152 Shrimp regulation; closed areas in 

certain counties along Atlantic Coast.- 

(1) For the purposes of this act, and to 

facilitate the regulation of shrimp fishing undertaken 

herewith, the following definitions are 

established for counties in the state lying contiguous 

to the St. Johns River or along the 

Atlantic Coast from the Georgia line southward 

to and including Brevard County. 

(a) A sample consists of one or more shrimp 

taken from an accurately defined part of the 

coastal waters of the area covered by the counties 

referred to in subsection (1). 

(b) A series consists of ten or more samples 

taken within a period of not more than 

one week, each sample being taken at a different 

station within the pattern. 

(c) A pattern consists of ten or more stations 

set up at appropriate places on the 

shrimping grounds of the area covered by the 

counties referred to in subsection (1). 

(d) A station is the location on the shrimping 

grounds of the area covered by the counties 

referred to in subsection (1) where a 

shrimp sample is taken. 

(e) Undersized shrimp are as defined in 

§370.15 (2). 

(2) The division shall have a complete series 

of shrimp samples taken at established stations 

within the pattern at reasonably frequent 

intervals. 

(3) Whenever the samples so taken indicate 

that the shrimp in any particular area 

are undersized, he shall announce those findings 

in a newspaper of general circulation. 

Such announcement shall carry with it a statement 

that pursuant to law the area having 

small shrimp is closed. Those facts shall also 

be posted in the county courthouse of any and 

all counties concerned. 

1852 

(4) Whenever an area which is closed due 

to presence of undersized shrimp is shown by 

later sampling to have shrimp which are not 

undersized, the division shall make these findings 

public in a newspaper of general circulation. 

It shall also announce that, pursuant to 

law, the area is open to the taking of shrimp. 

These facts shall also be posted in the county 

courthouse of any and all counties concerned. 

(5) Live bait shrimp producers must have 

a permit from the division. Said permit may 

be issued by the division to only those persons 

who utilize the type equipment necessary 

for maintaining the shrimp alive after being 

caught. Application for said permit shall be 

made on forms prescribed by the division. Only 

one permit shall be issued to each boat, 

and it shall be on board boat with the operator 

and subject to inspection at all times. 

(6) Whenever it shall appear that they will 

thereby not cause harm to shrimp productivity, 

live bait shrimp producers may continue to 

operate under permit, in areas closed to the 

taking of shrimp. The division shall have full 

authority to specify the type of gear to be 

used, the physical requirements for maintaining 

the shrimp alive after being caught, and 

the methods to be used throughout the catching, 

handling, processing, transporting and 

marketing of the live shrimp to insure their 

viability and to prevent such enterprises from 

becoming based upon the commerce in dead 

shrimp. In no case will any live bait producer 

be permitted to have in his possession on 

board his vessel more than five pounds of dead 

shrimp. Possession of more than five pounds of 

dead shrimp shall be cause for revocation of 

permit. 

(7) Any time that it shall a'ppear to the 

division that any particular live bait shrimp 

producing operation is not in the best interests 

of the resources of the state and citizens thereof, 

said division is required to revoke the permit 

under which the harmful operation is carried 

out. 

(8) Any person violating any provision of 

this regulation shall, upon conviction, be punished 

by a fine of not more than $500.00 or imprisonment 

for not more than 6 months, or 

both. 

(9) Nothing in this act shall be construed 

to repeal any special or local act pertaining 

to regulation of shrimp. 

Blstor,..-Ul-8, ch. 67-608 ; 1125, 35, ch. 69-106. 

370.16 Oysters and shell fish; regulation. 

(1) LEASE, APPLICATION FORM; NO 

TICE TO RIPARIAN OWNER; LAN D S 

LEASED TO BE COMPACT.-When any qualified 

person desires to lease a part of the b"ttom 

or bed of any of the water of this state, 

for the purpose of growing oysters or clams, 

as provided for in this section, he shall present 

to the division of marine resources a written 

application setting forth the name and address 

of the applicant, a reasonably definite description 

of the location and amount of land covered


by water desired, and shall pray that the ap- which shall be kept exclusively for that purplication 

be filed; that the water bottoms be pose by the said division; thereafter such 

surveyed and a plat or map of the survey there- lessees shall enjoy the exclusive use of said 

of be made if no plat or map of such bottoms lands and all oyster and clams, shell and cultch 

should have been so made thereto, and that grown or placed thereon shall be the exclusive 

the water bottoms described be leased t') the property of such lessee as long as he shall comapplicant 

under the provIsions of this section; ply with the provisions of this chapter. The disuch 

applicant shall accompany with his writ- vision shall require the lessee to stake off and 

ten application a sufficient sum to defray the mark the water bottoms leased, by such ranges, 

estimated expenses of the survey; theretipon monuments, stakes, buoys, etc., so placed and 

the said division shall file such application and made as not to interfere with the navigation, 

shall direct the same surveyed and platted as it may deem necessary to locate the same to 

forthwith at the expense of the applicant. the end that the location and limits of the 

When applications are made by two or more lands embraced in such lease be easily and acpersons 

for the same lands, they shall be leased curately found and fixed, and such lessee shall 

to the applicant who first filed application for keep the same in good condition during the 

same; but to all applications for leases of any open oyster or clam season. Failure on the 

of the bottoms of said waters owned under the part of the lessee to comply with the orders of 

riparian acts of the laws of Florida, heretofore the said division to this effect within the time 

enacted, notice of such application shall be fixed by it, and to keep the same in good condigiven 

the riparian owner, when known, and tion during the open oyster or clam season, 

when not known, notice of such application shall subject such lessee to a fine not exceedshall 

be given by publication for four weeks in ing twenty-five dollars, for each and every such 

some newspaper published in the county in offense. All lessees shall cause the area of the 

which the water bottoms lie; and when there is leased water bottoms and the names of the 

no newspaper published in such county, then lessees to be shown by signs as may be deby 

posting such notice for four weeks at the termined by the said division, if so required. 

court house door of said county, and prefer- (4) LEASES IN PERPETUITY; RENT: 

ence shall be given to such riparian owners STIPULATIONS; TAXES: CULTIVATION, 

under the terms and conditions herein created, ETC.when 

such riparian owner makes application 

for such water bottoms for the purpose of (a) All leases made under the provisions of 

planting oysters or clams before the same are this chapter, shall begin on the day executed, 

leased to another. The lands leased shall be as and shall continue in perpetuity under such recompact 

as possible, taking into consideration strictions as shall herein be stated. The rent 

the shape of the body of water and the condi- for the first ten years shall be fifty cents per 

tion of the bottom as to hardness, or soft mud acre, or any fraction of an acre, per year. This 

or sand, or other conditions which would ren- rent shall be paid in advance at the time of 

der the bottoms desirable or undesirable for signing the lease up to the first day of January 

the purpose of oyster or clam cultivation. following, and annually thereafter in advance 

(2) SURVEYS, PLATS AND MAPS OF on or before the first day of January of each 

REEFS.-The division shall accept, adopt and year, whether the lease be held by the original 

use official reports, surveys and maps of oyster, lessee or by an heir, assignee or transferee. No 

clam or other shell fish grounds made under taxes, assessments or other licenses than those 

the direction of any authority of the United imposed in this chapter shall be levied or im 

States as prima facie evidence of the natural posed on said leases or said leased lands, but 

oyster and clam reefs, for the purpose and in- the annual rental exacted and paid shall be 

tent of this chapter. The said division may also held and considered all that can or shall be 

make surveys of any natural oyster or clam exacted by the state or county, subordinate 

reefs when it deems such surveys necessary political corporations or municipalities. 

and where such surveys are made pursuant to (b) Effective cultivation shall consist of 

an application for a lease, the cost thereof may the growing of oysters or clams in a density 

be charged to the applicant as a part of the suitable for commercial harvesting over the 

cost of his application. amount of bottom prescribed by law. This 

(3) EXECUTION OF LEASES; LESSEE commercial density to be accomplished by the 

TO STAKE OFF BOUNDARIES; PENALTY planting of seed oysters, shell and cultch of 

FOR FAILURE TO COMPLY WITH REGU- various descriptions. Each tenant leasing from 

LATIONS.-As soon as the survey has been the state water bottoms under the provisions 

made and the plat or map thereof filed with the of this section, shall have begun within one 

said division and the cost thereof paid by the year from the date of such lease. bona fide 

applicant, the said division may execute in cultivation of the same, and shall by the end 

duplicate a lease of the water bottoms to the of the second year from the commencement of 

applicant. One duplicate, with a plat or map of his lease, have placed under cultivation at least 

the water bottoms so leased, shall be delivered one-fourth of the water bottom leased, and shall 

to the applicant, and the other, with a plat or each year thereafter place in cultivation at 

map of the bottom so leased shall be retained by least one-fourth of the water bottom leased 

the said division, and registered in a lease book until the whole, suitable for bedding of oysters 

1853


the division for the purpose of determining 

whether a natural oyster or clam reef, having 

an area of not less than one hundred square 

yards, existed within the leased area, on the 

date of the lease, witn sufficient natural or 

maternal oysters or clams thereon (not including 

coon oysters) to have constituted a stratum 

sutficient to have been resorted to by the public 

generally for the purpose of gathering the 

same to sell for a livelihood. The said petition 

shall be in writing addressed to the division of 

marine resources of the department of natural 

resources, verified under oath, stating the location 

and approximate area of the natural reef, 

the claim or interest of the petitioner therein 

and requesting the cancellation of the lease to 

the said natural reef. No petition may be considered 

unless it be accompanied by a deposit 

of ten dollars to defray the expense of examining 

into the matter. The petition may include 

several contemporaneous natural reefs of oysters 

or clams. Upon receipt of such petition the 

division shall cause an investigation to be 

made into the truth of the allegations of the 

petition and if found untrue the ten dollars 

deposit shall be retained by the division to 

defray the expense of the investigation, but 

should the allegations of the petition be found 

true and the leased premises to contain a natural 

oyster or clam reef, as above described, the 

said ten dollars shall be returned to the petitioner 

and the costs and expenses of the investigation 

taxed against the lessee and the lease 

canceled to the extent of the natural reef and 

the same shall be marked with buoys and 

stakes and notices placed thereon showing the 

same to be a public reef, the cost of said 

markers and notices to be taxed against the 

lessee. The lessee shall be notified of the filing 

of the petition and of the time and place of 

investigation and be given full and reasonable 

opportunity to be heard. The decision of the 

division shall be subject to review by certiorari 

by the circuit court of the county within which 

the alleged natural reef is situated. The decision 

of the circuit court shall be subject to 

appeal to the appropriate district court of appeal. 

(9) WHEN NATURAL REEFS MAY BE 

INCLUDED IN LEASE.-When an application 

for oyster or clam bedding grounds is filed and 

upon survey of such bedding ground, it should 

develop that the area applied for contains natural 

oyster or clam reefs or beds less in size 

than one hundred square yards, or oyster or 

clam reefs or bars of greater size, but not of 

sufficient quantity to constitute a stratum, and 

it should further be made to appear to the 

division by the affidavit of the applicant, together 

with such other proof as the division 

require, that the natural reef, bed or bar 

ould not be excluded, and the territory applied 

properly protected or policed, the division 

if it deems it for the best interest of the 

and the oyster industry so to do, permit 

including of such natural reefs, beds, or 

1855 

bars; and it shall fix a reasonable value on 

the same, to be paid by the applicant for such 

bedding ground; provided, that no such natural 

reefs shall be included in any lease hereafter 

granted to the bottom or bed of waters of this 

state contiguous to Franklin county. There 

shall be no future oyster leases issued in 

Franklin county. 

(10) SETTLEMENT OF BOUNDARY DIS 

PUTES; REVIEW.-Tbe division shall determine 

and settle all disputes as to boundaries 

between lessees of bedding grounds, the proceedings 

to be conducted under such rules and 

regulations as the division may prescribe. In 

this connection the division may appoint a 

master to act in the matter and advise it concerning 

the same. All parties shall have a right 

of review by certiorari by the circuit courts 

from decisions and orders of the division. The 

division shall, in all cases, be the judge as to 

whether any particular bottom is or is not a 

natural reef, or whether it is suitable for 

bedding oysters or clams. 

(11) TRESPASS ON LEA SED BEDS; 

GATHERING OYSTERS BETWEEN SUNSET 

AND SUNRISE FROM NATURAL REEFS, 

ETC.-Any person, who shall willfully take 

oysters, shells, cultch or clams bedded or 

planted by a licensee under this chapter, or 

grantee under the provisions of heretofore existing 

laws, or riparian owner who may have 

heretofore planted the same on his riparian 

bottoms, or any oysters or clams deposited by 

anyone making up a cargo for market, or who 

shall willfully carry or attempt to carry away 

the same without permission of the owner 

thereof, or who shall willfully or knowingly 

remove, break off, destroy, or otherwise injure 

or alter any stakes, bounds, monuments, buoys, 

notices or other designations of any natural 

oyster or clam reefs or beds or private bedding 

or propagating grounds, or who shall willfully 

injure, destroy or remove any other protection 

around any oyster or clam beds, or who shall 

willfully move any bedding ground stakes, 

buoys, marks or designations, placed by the 

division, or who shall gather oysters between 

sunset and sunrise from the natural reefs or 

from private bedding grounds, unless he shall 

have lights attached to the rigging of said boat 

or vessel, if the same be a sailing vessel, or 

placed in some conspicuous place on said boat 

or vessel, if the same be a power boat or vessel, 

in such a manner that it may be seen from 

every direction, shall be guilty of a violation 

of the provisions of this section and upon conviction 

thereof, shall be fined six hundred 

dollars or imprisoned for one year in the state 

prison or be subject to both such fine and imprisonment. 

(12) PROTECTION OF OYSTER AND 

CLAM REEFS.-The division shall improve, 

enlarge and protect the natural oyster and


may be released upon the owner furnishing 

bond, with good and solvent security in double 

the value of the vessel, conditioned upon its 

being returned in good condition to the sheriff 

or constable to abide the judgment of the court. 

(24) OYSTER REHABILITATION COM 

MISSION.-The governor of this state may appoint 

in any county, where natural oyster reefs 

exist, an oyster rehabilitation commission for 

such county, the same to be composed of three 

good and lawful citizens of such county. Such 

commission shall serve without compensation. 

(25) COMMISSION ADVISORY ONLY. 

The oyster rehabilitation commission in any 

county shall constitute an advisory commission 

to the division of marine resources with reference 

to all matters pertaining to the replanting 

and rehabilitation of natural oyster bars in 

such county and shall have no other power 

than to advise said division concerning the administration 

of the shell fish laws in the county 

in which its members are appointed; and to 

recommend to such division the manner and 

method of the expenditure of funds provided 

for the rehabilitation of natural oyster beds 

in such county so that the fullest benefit of 

such oyster beds may be received from said 

expenditure. The recommendation of the said 

commission shall not be binding upon the division 

but is advisory only. 

(26) DUTIES OF COMMISSION.-The 

members of the oyster rehabilitation commission 

shall acquaint themselves with all conditions 

affecting the natural beds in the county 

for which appointed and shall locate, select and 

recommend to the division the natural oyster 

beds in their respective counties in greatest 

need of rehabilitation ; they shall recommend 

to said division the ways and means of replanting 

and rehabilitating said beds, having regard 

to local conditions, and make such other recommendations 

concerning the opening and 

closing of the natural reefs and beds and 

propagation and care of oysters thereon as may 

appear to them to be advisable. 

(27 ) CONFERENCE WITH DIVISION OF. 

MARINE RESOURCES.-The division shall 

confer with, receive and consider the recommendations 

of the several county oyster rehabilitation 

commissions concerning the shell fish 

industry of their respective counties and shall 

be governed thereby only to the extent that 

the same may be to the best interest of the 

shell fish industry of the state. 

(28) REMOVAL OF COMMISSIONERS. 

The governor may remove any commissioner 

appointed to any county oyster rehabilitation 

commission, who shall fail or neglect to diligently 

perform the duties of such office, and 

shall fill the vacancy so created by such removal 

so that there shall be a complete commission 

of three members in each county, having 

natural oyster reefs or beds, at all times. 

(29) OYSTER AND CLAM REHABILITA 

TION.-The board of county commissioners of 

the several counties may appropriate and ex- 

1858 

pend such sums as it may deem proper for 

the purpose of planting or transplanting 

oysters, clams, oyster shell or clam shell or 

cultch, or to perform such other acts for the 

enhancement of the oyster and clam industries 

of the state, out of any sum in the county 

treasury not otherwise appropriated. 

(30) OYSTER CONSERVATION DIS- 

TRICTS. - Whenever it shall appear to the 

division, that any area in the state is in need 

of special protection, development or encouragement 

in the planting, propagation, within 

such area, except private leased or granted 

oyster grounds. The said area shall be readily 

identifiable by reference to geographical 

location or recognized landmarks, or by survey 

made by the division. Notice of the designation 

of said area or areas as oyster conservation 

district or districts shall be published 

once each week for two consecutive weeks. 

and such additional publicity of the creation 

of such district may be circulated as the division 

may deem necessary. 

(31 ) REVENUE FROM SALE OF DEAD 

SHELLS AND LEASE BOTTOMS.-Any and 

all moneys hereafter received or collected by 

the board of trustees of the internal improvement 

trust fund under the provisions of 

§253.45, or any amendments thereof for or on 

the account of the sale of dead shell or for the 

right or privilege to take shell or shell deposits 

from the sovereign lands of the state are 

hereby appropriated for use in financing biological, 

marketing, transportation, processing, 

and promotional research for fisheries, oysters, 

clams, and shrimp, within the jurisdiction of 

this state; provided that the division is authorized 

to return up to twenty per cent of 

the moneys collected from the sale of oyster 

shells dredged in a county's waters to that 

county for distribution to the several counties 

for the sole purpose of oyster and clam rehabilitation 

as provided under subsection (29), 

and the balance of said moneys not returned 

to the several counties shall be deposited in the 

state treasury in the marine biological research 

trust fund. 

(32) DREDGING OF DEAD SHELLS 

FROM LIVE GROUND PROHIBITED. - The 

dredging of dead shell deposits from living 

oyster grounds is hereby prohibited in the 

state. The said division is hereby empowered to 

prohibit all dredging of dead oyster shell deposits 

when in its judgment and discretion the 

same will adversely affect the said oyster industry. 

The said division, however, may authorize 

the dredging of dead oyster shell deposits 

by permit when in its judgment and 

discretion the same will not adversely affect 

the oyster industry of the state. 

(33) OYSTER CONSERVATION COMMIS 

SION WITHIN CONSERVATION DISTRICTS. 

-The governor of this state shall appoint in 

any oyster conservation district which may be 

created under the provisions of subsection (30) 

an oyster conservation commission for the said 

district. the same to be composed of seven


outstanding citizens of the said district, two 

of whom shall be experienced oyster gatherers, 

two of whom shall be experienced oyster dealers, 

and two of whom shall be experienced 

business men, not directly connected with the 

industry, and one of whom shall be the chief 

conservation agent in the oyster conservation 

district. The members of such commission 

shall serve without compensation and shall be 

vested with the duties, and subject to the limitations, 

prescribed by subsections (24) through 

(28) authorizing the creation of oyster rehabilitation 

commissions. 

(34) COOPERATION WITH U. S. FISH 

AND WILDLIFE SERVICE.-The division 

shall cooperate with the United States fish and 

wildlife service, under existing federal laws, 

rules and regulations, and is authorized to 

accept donations, grants, and matching funds 

from said federal government under such conditions 

as are reasonable and proper for the 

purpose of carrying out subsections (29) 

through (34) and said division is further authorized 

to accept any and all donations including 

funds, oysters, or oyster shells. 

(35 ) OYSTER SHELLS PROPERTY OF 

DIVISION.- 

(a) Except in the case of oysters shipped 

in the shells out of the area where produced, 

all oyster shells shall be and remain the 

property of the division of marine resources 

when such shells are needed and required for 

rehabilitation projects and planting operations 

and when sufficient resources and facilities 

exist for handling and planting said shell; and 

when the collection and handling of such shell 

is practical and useful; provided that bona 

fide holders of leases and grants who desire to 

retain such shell as they produce for planting 

purposes may do so by obtaining a permit from 

the division; and provided further that such 

storage, transportation and planting of shells 

so retained by lessees and grantees shall be 

carried out under the surveillance of agents 

of the division and be subject to such reasonable 

time limits as the division may fix. In the 

event of an accumulation of an excess of 

shells, the said division is hereby authorized 

to sell shells only to private growers for use in 

oyster or clam cultivation on bona fide leases 

and grants. No profit shall accrue to the division 

in these transactions and shells are to be 

sold for the estimated moneys spent by the 

division to gather and stockpile said shells. 

Planting of shells obtained from the division 

by purchase shall be subject to the surveillance 

of the division if said division chooses to exercise 

its right of supervision. Any shells not 

claimed and used by private oyster cultivators 

ten years after shells are gathered and stockpiled, 

may be sold at auction to the highest 

bidder for any private use. 

(b) Whenever the division determines that 

it is unfeasible to collect oyster or clam shells, 

the shells become the property of the producer. 

(c) Whenever oyster or clam shells are 

1859 

owned by the division and it is not useful, or 

feasible to use them in the rehabilitation projects, 

and when no leaseholder has exercised his 

option to acquire them, the division may sell 

such shells for the highest price obtainable. 

The shells thus sold may be used in any manner 

and for any purpose at the discretion of 

the purchaser. 

(d) Moneys derived from the sale of shell 

shall be deposited in the state treasury into the 

oyster and clam rehabilitation trust fund. Said 

moneys are hereby appropriated and shall be 

used for the enhancement, enlargement, and 

improvement of the oyster and clam industries 

of Florida. 

*(36) DIVISION OF OYSTER CULTURE. 

-There is hereby created a division of the department 

of natural resources which shall be 

designated as the division of oyster culture to 

be administered by a director to be employed 

by the department, and who shall serve under 

the supervision of the executive director. The 

director of the division of oyster culture shall 

be an experienced, qualified and recognized 

aquatic biologist. The duties of the director, 

division of oyster culture, shall be to protect 

all oyster beds, oyster grounds and oyster reefs 

from damage or destruction resulting from improper 

cultivation, propagation, planting or 

harvesting; to control the pollution of the 

waters over or surrounding oyster grounds, 

beds or reefs, and to this end the division of 

health of the department of health and rehabilitative 

services is hereby authorized and 

directed to lend its cooperation to the division, 

to make available to it its laboratory testing 

facilities and apparatus, and to do and perform 

all acts and things within its power and authority 

necessary to the performance of its 

duties. 

Hi510rY.- 12. ch. 2S145. 1953; 11, ch. 57-256; §1, ch. 57-163 ; 

U , ch. 59-346; U, ch. 59-490 ; II, ch. 61-99 ; §2, ch. 61-5S ; t 3, 

ch. 61-22 ; §2, ch. 61-119 ; U , ch. 61-100; 119, ch. 63-512; HI, 2, 

ch. 63-120 ; §1, ch. 63-396; 13, ch. 65-140 ; §1, ch. 65-436; §l, 

ch. 67-234 ; H 19, 25, 35, ch. 69-106. 

*Note.-8ubsectlon (36) will be amended by a subsequent reviser's 

bill to conform to 125, ch. 69-106, which abolished the 

board of conservation and transferred Its functions to the department 

of natural resources. 

Note.-8lmllar provisions In former §§375.01-375.23, 375.25- 

375.32, 375.35-375.44. 

ct.-§Sl1.0S Penalty for carrying away planted oysters. 

1837.01, Perjury otherwise than In Judicial proceedlne., 

370.161 Oyster bottom land grants made 

pursuant to chapter 3293, Laws of Florida, 

1881.- 

(1) All grants previously issued by the 

several boards of county commissioners under 

the authority of chapter 3293, Laws of Florida, 

1881, shall be subject to provisions of §370.16, 

relating to the marking of such lands, the 

payment of rents, the cultivation of such lands 

and the forfeiture provisions. 

(2) Any grantee of lands referred to in 

subsection (1) shall mark such lands and 

begin cultivation thereof as set forth in §370.16, 

within ninety days after the effective date 

of this act. The rentals prescribed by §370.16, 

shall be payable immediately upon the ef-


and fix, in its discretion, the seasons and period 

of time within which public state grounds 

may be closed to the taking, possessing, buying, 

selling or transporting sponges from the 

sponge cultivation districts herein provided 

for, and to regulate and prescribe the means 

and methods to be employed in the harvesting 

thereof; provided however, that all rules, regulations 

and orders, and all revisions and 

amendments thereto, prescribing closed seasons, 

or prescribing the means and methods 

of harvesting sponges adopted by the department, 

shall be filed in the department of state 

and notice thereto shall be published in a 

newspaper of general circulation in the conservation 

district affected within ten days from 

the adoption thereof. Such rule or regulation 

shall become effective at the expiration of ten 

days from the date of filing in the department 

of state, or ten days after the publication 

thereof as herein provided for, whichever may 

be the later, all of which such rules and regulations 

when becoming effective under the 

provisions hereof, shall have the full force 

and effect of the law. 

(7) SPONGE CONSERVATION COMMIS 

SION; CREATION; DUTIES.-The governor of 

this state shall appoint in any sponge conservation 

district, which may be created under 

the provisions of this act, a sponge conservation 

commission for the said district, the same 

to be composed of seven outstanding citizens 

of the said district, two of whom shall be experienced 

sponge fishermen, two of whom shall 

be experienced sponge dealers, and two of 

whom shall be experienced businessmen not 

directly connected with the industry, and one 

of whom shall be the chief conservation agent 

in the sponge conservation district. The members 

of such commission shall serve without 

compensation and shall be vested with the 

duties in regard to sponges and subject to the 

limitations prescribed by §370.16(25) and (26) 

prescribing the duties of the oyster rehabilitation 

commission. 

(8) COOPERATION WITH U. S. FISH 

AND WILDLIFE SERVICE.-The department 

shall cooperate with the United States fish and 

wildlife service, under existing federal laws, 

rules and regulations, and is authorized to 

accept donations, grants and matching funds 

from said federal government under such conditions 

as are reasonable and proper, for the 

purposes of carrying out this chapter, and said 

department is further authorized to accept any 

and all donations including funds and loan of 

vessels. 

(9) RESTRICTIONS. - All sponges grown 

or cultivated by the state in pursuance of this 

law shall be the property of the state, the state 

shall neither lease nor sell any natural sponge 

areas or beds or any sponge areas or beds cultivated 

under the provisions of this chapter, 

and no person may use diving boats, diving 

suits, helmets or other apparatus used by deep 

sea divers in taking commercial sponges from 

1861 

any waters within the territorial limits of the 

tltate. 

(10) PENALTY.-Any person violating any 

of the foregoing provisions shall upon conviction 

be subject to punishment as follows: 

for the first offense, a fine of not more than 

five hundred dollars or imprisonment in the 

county jail for not more than one year, or by 

both such fine and imprisonment. For the second 

offense, a fine of not more than seven 

hundred fifty dollars or imprisonment in the 

county jail for not more than eighteen months; 

or by both such fine and imprisonment. For 

the third offense, a fine of not more than one 

thousand dollars, or imprisonment in the county 

jail for not more than two years; or by both 

such fine and imprisonment, and upon conviction, 

to the confiscation of all boats. tackle and 

equipment used in the commission of such violation. 

H1.tor)'.-12, ch. 28145, 1953 ; 1110, 25, 35, ch. 69-106. 

Note.-Blmllar provisions in tormer 11374.25, 374.27-374.29. 

370.171 Sponge diving; restricted waters. 

(1) Diving for sponges is hereby regulated 

in the following territorial waters of Florida, 

as follows: 

Diving for sponges is prohibited in the territorial 

waters of Florida north of a parallel 

of latitude running through Piney Point (29 0 

45' 30" N.); that diving for sponges be prohibited 

in waters of less than three and a half 

fathoms between the parallel of latitude that 

runs through Piney Point, and the parallel of 

latitude that runs through Beacon No. 5 (29 0 

16' 36" N.) at the mouth of the Suwannee river; 

that diving for sponges be prohibited in waters 

of less than three fathoms, between the parallel 

of latitude that runs through Beacon No.5 

at the mouth of the Suwannee river and the 

parallel of latitude that runs through the 

southern tip of Anclote Key (28 0 09' 54"); 

that diving for sponges be prohibited at distances 

of less than three miles from shore in 

the waters between the parallel of latitude 

that runs through the southern tip of Anclote 

Key and the parallel of latitude that passes 

through the northernmost boundary of Monroe 

county (25 0 48' 06"). 

(2) Any person violating the provisions of 

this section shall be subject to the penalties as 

provided by §370.17 (10). 

Hlotor,..-II1. 2. ch. 29907. 1955. 

370.172 Spearfishing prohibited; exemptions; 

penalty. - 

(1) For the purpose of this section spearfishing 

shall mean the taking of any marine 

life through the instrumentality of a spear, gig 

or other device operated by a person submerged 

or partially under water. 

(2) It is unlawful for any person, firm or 

corporation to take any fish by means of any 

spear, gig or other similar device in an area in 

Monroe county known as the Upper Keys, or to 

engage in any spearfishing in said area; said


GULF STATES MARINE FISHERIES 

COMPACT 

The contracting states solemnly agree: 

ARTICLE I 

Whereas the gulf coast states have the proprietary 

interest in and jurisdiction over fisheries 

in the waters within their respective 

boundaries, it is the purpose of this compact to 

promote the better utilization of the fisheries, 

marine, shell and anadromous, of the seaboard 

of the Gulf of Mexico, by the development of a 

joint program for the promotion and protection 

of such fisheries and the prevention of the 

physical waste of the fisheries from any cause. 

ARTICLE II 

This compact shall become operative immediately 

as to those states ratifying it whenever 

any two or more of the states of Florida, Alabama, 

Mississippi, Louisiana and Texas have 

ratified it and the Congress has given its consent 

subject to article I, §10 of the constitution of the 

United States. Any state contiguous to any of the 

aforementioned states or riparian upon waters 

which flow into waters under the jurisdiction of 

any of the aforementioned states and which are 

frequented by anadromous fish or marine 

species may become a party hereto as hereinafter 

provided. 

ARTICLE III 

Each state joining herein shall appoint three 

representatives to a commission hereby constituted 

and designated as the gulf states marine 

fisheries commission. One shall be the head of 

the administrative agency of such state charged 

with the conservation of the fishery resources 

to which this compact pertains or, if there be 

more than one officer or agency, the official of 

that state named by the governor thereof. The 

second shall be a member of the legislature of 

such state designated by such legislature or in 

the absence of such designation, such legislator 

shall be designated by the governor thereof, 

provided that if it is constitutionally impossible 

to appoint a legislator as a commissioner from 

such state, the second member shall be appointed 

in such manner as may be established by law. 

The third shall be a citizen who shall have a 

knowledge of and interest in the marine fisheries, 

to be appointed by the governor. This commission 

shall be a body corporate with the powers 

and duties set forth herein. 

ARTICLE IV 

The duty of the said commission shall be to 

make inquiry and ascertain from time to time 

such methods, practices, circumstances and conditions 

as may be disclosed for bringing about 

the conservation and the prevention of the depletion 

and physical waste of the fisheries, marine, 

shell and anadromous, of the gulf coast. 

The commission shall have power to recommend 

the coordination of the exercise of the police 

powers of the several states within their respective 

jurisdiction to promote the preservation of 

1865 

these fisheries and their protection against overfishing, 

waste, depletion or any abuse whatsoever 

and to a'ssure a continuing yield from the 

fishery resources of the aforementioned states. 

To that end the commission shall draft and 

recommend to the governors and the legislatures 

of the various signatory states, legislation dealing 

with the conservation of the marine, shell 

and anadromous fisheries of the gulf seaboard. 

The commission shall from time to time present 

to the governor of each compacting state its 

recommendations relating to enactments to be 

presented to the legislature of the state in furthering 

the interest and purposes of this compact. 

The commission shall consult with and advise 

the pertinent administrative agencies in the 

states party hereto with regard to problems connected 

with the fisheries and recommend the 

adoption of such regulations as it deems advisable. 

The commission shall have power to recommend 

to the states party hereto the stocking of 

the waters of such states With fish and fish eggs 

or joint stocking by some or all of the states 

party hereto and when two or more states shall 

jointly stock waters the commission shall act as 

the coordinating agency for such stocking. 

ARTICLE V 

The commission shall elect from its number 

a chairman and vice-chairman and shall appoint 

and at its pleasure remove or discharge 

such officers and employees as may be required 

to carry the provisions of this compact into effect 

and shall fix and determine their duties, 

qualifications and compensation. Said commission 

shall adopt rules and regulations for the 

conduct of its business. It may establish cnd 

maintain one or more offices for the transaction 

of its business and may meet at any time 

or place but must meet at least once a year. 

ARTICLE VI 

No action shall be taken by the commission in 

regard to its general affairs except by the affirmative 

vote of a majority of the whole number of 

compacting states. No recommendation shall be 

made by the commission in regard to any species 

of fish except by the affirmative vote of a majority 

of the compacting states which have an interest 

in such species. The commission shall 

define which shall be an interest. 

ARTICLE VII 

The fish and wildlife service of the department 

of the interior of the government of the 

United States shall act as the primary research 

agency of the gulf states marine fisheries commission 

cooperating with the research agencies 

in each state for that purpose. Representatives 

of the said fish and wildlife service shall attend 

the meetings of the commission. An advisory 

committee to be representative of the commercial 

salt water fishermen and the salt water 

anglers and such other interests of each state


said compact shall then have gone into effect 

in accordance with article II of the compact; 

otherwise they shall begin upon the date upon 

which said compact shall become effective in 

accordance with said article II. 

Any commissioner may be removed from office 

by the governor upon charges and after a 

hearing. 

(3) COMMISSION; POWERS. - There is 

hereby granted to the commission and the commissioners 

thereof all the powers provided for 

in the said compact and all the powers necessary 

or incidental to the carrying out of said 

compact in every particular. All officers of the 

State of Florida are hereby authorized and directed 

to do all things falling within their respective 

provinces and jurisdiction necessary 

or incidental to the carrying out of said compact 

in every particular; it being hereby declared 

to be the policy of the State of Florida 

to perform and carry out the said compact and 

to accomplish the purposes thereof. All officers, 

bureaus, departments and persons of 

and in the state government or administration 

of the State of Florida are hereby authorized 

and directed at convenient times and upon 

request of the said commission to furnish 

the said commission with information and data 

possessed by them or any of them and to aid said 

commission by loan of personnel or other means 

lying within their legal rights respectively. 

(4) SAME; SUPPLEMENTAL.-Any powers 

herein granted to the commissioner shall be 

regarded as in aid of and supplemental to and in 

no case a limitation upon any of the powers 

vested in said commission by other laws of the 

State of Florida or by the laws of the states of 

Alabama, Mississippi, Louisiana, Texas and 

Florida or by the congress or the terms of said 

compact. 

(5) SAME; ACCOUNTS TO BE KEPT BY 

COMMISSIONERS; EXAMINATION. - The 

commission shall keep accurate accounts of all 

receipts and disbursements and shall report 

to the governor and the legislature of the State 

of Florida on or before the tenth day of December 

in each year, setting forth in detail the 

transactions conducted by it during the twelve 

months preceding December 1st of that year 

and shall make recommendations for any legislative 

action deemed by it advisable, including 

amendments to the statutes of the State of 

Florida which may be necessary to carry out 

the intent and purposes of the compact between 

the signatory states. 

The department of banking and finance is 

hereby authorized and empowered from time to 

time to examine the accounts and books of the 

commission, including its receipts, disbursements 

and such other items referring to its 

financial standing as such department may 

deem proper and to report the results of such 

examination to the governor of such state. 

Bistory.-§2, ch. 28145, 1953 ; §§l2, 35, ch. 69-106. 

*Note.-Bubsectlon (2) will be amended by a subsequent reviser's 

bill to conform the commission membership to §25, ch. 

69-106. 

Note.-8lmllar provisions In former §§374.49-374.53. 

1867 

370.21 Florida territorial waters act; alienowned 

commercial fishing vessels; prohibited 

acts; enforcement.- 

(1) This act may be known and cited as the 

Florida territorial waters act. 

(2) It is the purpose of this act to exercise 

and exert full sovereignty and control of the 

territorial waters of the state. 

(3) No license shall be issued by the division 

of marine resources of the department of 

natural resources under §370.06, to any vessel 

owned in whole or in part by any alien power, 

which subscribes to the doctrine of international 

communism, or any subject or national 

thereof, who subscribes to the doctrine of international 

communism, or any individual who 

subscribes to the doctrine of international 

communism, or who shall have signed a treaty 

of trade, friendship and alliance or a nonaggression 

pact with any communist power. The 

division shall grant or withhold said licenses 

where other alien vessels are involved on the 

basis of reciprocity and retorsion, unless the 

nation concerned shall be designated as a 

friendly ally or neutral by a formal suggestion 

transmitted to the governor of Florida by the 

secretary of state of the United States. Upon 

the receipt of such suggestion licenses shall 

be granted under §370.06, without regard to 

reciprocity and retorsion, to vessels of such 

nations. 

(4) It is unlawful for any unlicensed alien 

vessel to take by any means whatsoever, attempt 

to take, or having so taken to possess, 

any natural resource of the state's territorial 

waters, as such waters are described by Art. II 

of the state constitution. 

(5) It is the duty of all harbor masters of 

the state to prevent the use of any port facility 

in a manner which they reasonably suspect may 

assist in the violation of this act. Harbor masters 

shall endeavor by all reasonable means, 

which may include the inspection of nautical 

logs, to ascertain from masters of newly arrived 

vessels of all types other than warships of 

the United States, the presence of alien commercial 

fishing vessels within the territorial 

waters of the state, and shall transmit such 

information promptly to the department of 

natural resources and such law enforcement 

agencies of the state as the situation may indicate. 

Harbor masters shall request assistance 

from the United States coast guard in appropriate 

cases to prevent unauthorized departure 

from any port facility. 

(6) All licensed harbor pilots are required 

to promptly transmit any knowledge coming to 

their attention regarding possible violations of 

this act to the harbor master of the port or the 

appropriate law enforcement officials. 

(7) All law enforcement agencies of the 

state, including but not limited to sheriffs and 

agents of the department of natural resources 

are empowered and directed to arrest the masters 

and crews of vessels who are reasonably 

believed to be in violation of this law, and to

Ch. 371 REGULATION OF BOATS; TI'TLE CERTIFICATES Ch. 371 

CHAPTER 371 

REGULATION OF BOATS; TITLE CERTIFICATES 

PART I REGULATION OF BOATS (§§371.011-371.68) 

PART II BOATS; TITLE CERTIFICATES (§§371.75-371.83) 

371.011 Short title. 

371.021 Definitions. 

371.031 Administration, sale of certific·ates. 

371.041 Operation of unnumbered motorboats 

prohibited. 

371.051 Application, certificate, number, decal, 

duplicate certificate. 

371.071 Special manufacturers' and dealers' 

number. 

371.081 Reciprocity of foreign boats. 

371.082 Military personnel, registration. 

371.091 Federal numbering system adopted. 

371.101 Change of interest and address. 

371.111 Only authorized number to be used. 

371.131 Exemption from numbering provisions. 

371.141 Collisions, accidents, and casualties. 

371.151 Transmittal of information. 

371.161 Rules and regulations. 

371.171 Motorboating revolving trust fund; 

appropriation. 

371.50 Reckless or negligent operation of 

vessel. 

371.503 Interference with navigation. 

371.504 Incapacity of operator. 

371.51 Operating vessel while under influence 

of intoxicating liquor or narcotic 

drugs. 

371.011 Short title.-Part I of chapter 371 

shall be known as "the Florida boat registration 

and safety law." 

Hlotor)'.-11, ch. 59-399; II, ch. 65-361. 

371.021 Definitions.-As used in this part, 

unless the context clearly requires a different 

meaning: 

(1) "Vessel" is . synonymous with boat and 

means a motor or artificially propelled vehicle 

registered as provided herein or by chapters 

370 or 372, as property and defined in § 1 (b), 

Art. VII of the state constitution, and every 

other description of watercraft and air boats, 

other than a seaplane on the water, used or 

capable of being used as a means of transportation 

on water. 

(2) "Motorboat" means any boat or vessel 

propelled or powered by machinery in excess 

of ten horsepower whether or not such machinery 

is the principal source of propulsion. 

(3) "Owner" means a person, other than a 

lien holder, having the property in or title to a 

motorboat. The term includes a person entitled 

to the use or possession of a motorboat subject 

to an interest in another person, reserved 

or created by agreement and securing payment 

of performance of an obligation, but the term 

PART I 

REGULATION OF BOATS 

1869 

371.52 Boat declared Qangerous instrumentality; 

civil liability. 

371.521 Uniform waterway markers for safety 

and navigation. 

371.522 Restricted area. 

371.53 Skiing prohibited while under influence 

of liquor or narcotics. 

371.54 Water skis and aquaplanes regulated. 

371.55 Regattas, races, marine parades, tournaments 

or exhibitions. 

371.56 Muffling devices. 

371.561 Boat liveries; safety regulations; 

. penalty. 

371.57 Boat safety regulations; equipment 

requirements; lighting. 

371.571 Ventilator ducts; backfire flame control. 

371.58 Safety inspections; qualified. 

371.59 Local regulation qualified. 

371.60 Maximum safety load plate attached. 

371.62 Legislative intent. 

371.63 Legislative declaration. 

371.64 Exemption from personal property tax. 

371.65 Classification and tax. 

371.66 Jurisdiction. 

371.67 Enforcement. 

371.68 Penalty. 

excludes a lessee under a lease not intended 

as security. 

(4) "Waters of this state" means any navigable 

waters of the United States within the 

territorial limits of this state, and the marginal 

sea adjacent to this state and the high seas 

when navigated as a part of a journey or ride 

to or from the shore of this state, and all the 

inland lakes, rivers and canals under the jurisdiction 

of this state. 

(5) "Person" means an individual, partnership, 

firm, corporation, association, or other entity. 

(6) "Operate" means to navigate or otherwise 

use a boat or a vessel. 

* (7) ["Division" means the division of 

marine resources of the department of natural 

resources.] 

(8) "Commission:' means Florida game and 

fresh water fish commission of the department 

of natural resources. 

(9) "Registration certificate tax" means a 

state tax on boats propelled in whole or in 

part by machinery in excess of ten horsepower 

which are issued an identifying number, an 

annual certificate of registration and a tag or 

decal designating the year the tax is paid.

Ch. 371 REGULATION OF BOATS; TITLE CERTIFICATES Ch. 371 

(10) "Length" means the measurement from 

end to end over the deck parallel to the center 

line excluding sheer. 

(11) "Commercial vessel" means: 

(a) Any resident vessel engaged in the 

taking of salt water fish or salt water products, 

fresh water fish or fresh water products for 

sale either to the consumer, retail dealer or 

wholesale dealer; 

(b) Any vessel engaged in fishing, boating, 

sightseeing, transportation or any other purpose 

wherein a fee is paid by the user, either 

directly or indirectly, to the owner, operator or 

custodian of the vessel which is used exclusively 

for one or more of these purposes or from 

which the owner or operator derives at least 

fifty per cent of his total income. 

(e) Any rental boat that is made available 

for hire throughout the year to an individual 

or to the general public. 

(12) "Noncommercial vessel" means any 

boat other than a commercial boat or vessel as 

defined in this section. 

(13) "Dealer" means any person engaged 

in the business of buying and selling, or manufacturing 

for sale, boats and vessels. 

(14) "Sailboat" means any boat whose 

source of propulsion is the natural element 

(i.e., wind). 

(15) "Prohibited activity" means such activity 

as will impede or disturb navigation 

or creates a safety hazard on waterways of this 

state. 

8Islory.-§l, ch. 59-399 ; U, ch. 63-103 ; 11, ch. 65-361; 117, 

ch. 69-216; §§25, 35, ch. 69-106. 

.Nole-In order to conform to §25, ch. 69-106, the editors have 

substituted a definition of "division" for the definition of 

"board." The change will be made by a subsequent reviser's bill. 

371.031 Administration, sale of certificates.- 

(1) The administration of this part is 

under the division of marine resources of the 

department of natural resources which shall provide 

for issuing, handling and recording of all 

applications and all motorboat registration certificates 

including the receipt and accounting 

of registration fees and payments into the 

state treasury except payments made by the 

commission as provided in chapter 372. 

(2) The division shall record all accidents 

and perform such other clerical duties as required. 

(3) All records made or kept by the division 

under this law shall be public records except 

confidential reports. 

8Istory.-Il, ch. 59-399; 12, ch. 63-103 ; 11, ch. 65-361 ; U25, 

35, ch. 69-106. 

371.041 Operation of unnumbered motorboats 

prohibited.-Every motorboat propelled 

by machinery in excess of ten horsepower and 

all vessels required to be registered under 

chapters 370 and 372, operating on the waters 

of this state shall be registered and numbered 

except as specifically exempt. No person shall 

operate or give permission for the operation of 

any motorboat on such waters unless the mo- 

1870 

torboat is registered and numbered with the 

identifying number set forth in the certificate 

of registration, displayed on each side of the 

bow of such motorboat, or in accordance with 

applicable federal law, or in accordance with 

a federally approved numbering system of another 

state, and unless the certificate of number 

awarded to such motorboat is in full force 

and effect. 

810lory.-Il, ch. 59-399; n, ch. 65-361. 

371.051 Application, certificate, number, decal, 

duplicate certificate.- 

(1) (a) The division shall issue all licenses. 

The tax collectors of the state and the commission 

shall be agents of the division for the 

purpose of issuing licenses and collecting the 

tax or fee therefor. The owner of each boat 

required by this law to pay a registration certificate 

tax and secure an identification number 

shall file an application with the tax collector 

of the county, the division or the commission. 

The application shall be signed by the owner 

of the boat and shall be accompanied by a payment 

of the tax or fee required by this law or 

chapters 370 or 372, whichever is applicable, 

based upon the use of the boat. 

(b) The owner may establish proof of ownership 

by submitting with his application a bill 

of sale of the boat, or a builder's contract, or 

a verification of ownership on a custom-built 

boat, or any other document acceptable by the 

division and presented at the time of registration 

to the agency issuing the registration 

certificate. 

(2) The annual certificate of registration 

and identification numbers for pleasure boats 

shall be issued in the county by the tax collector 

of each county or his agent. The certificate 

and registration shall be renewable annually 

on July 1 of each year upon payment of the 

registration certificate tax. Each tax collector 

shall be assigned a block of numbers, certificates 

and annual decals which upon issue, in 

conformity with this chapter and with any rules 

and regulations of the division, shall be valid as 

if issued directly by the division. The county tax 

collector or agent authorized to issue a certificate 

of registration, decal and number, the 

division and the commission shall be allowed a 

fee of fifty cents for each certificate issued or 

renewed. All moneys collected, except the fifty 

cents fee, shall be remitted to the division not 

later than forty days following the last day of 

the month when the moneys were collected. The 

division shall transmit all moneys received to 

the state treasurer for deposit and distribution. 

(3) The division and the commission shall 

issue certificates of registration and numbers to 

commercial boat owners required to register 

under chapters 370 and 372, at no extra cost 

to such owners other than a fifty cents service 

fee required when such owners submit to either 

the division or the commission a license fee required 

under either §370.06 (1), (2), or §§372.63 

and 372.64. The division shall assign a block of


numbers and certificates therefor to the commission 

for the purposes of this section. 

(4) The division or the commission shall issue 

certificates of registration and numbers for 

city, county and state-owned boats at no 

charge. 

(5) Each certificate of registration issued 

shall state among other items the number 

awarded to the boat, the name and address of 

the owner, and a description of the boat. The 

numbers shall be placed on each side of the 

forward half of the vessel in such position 

as to provide clear legibility for identification. 

The numbers shall read from left to right and 

shall be in block characters of good proportion 

not less than three inches in height. The 

numbers shall be of a color which will contrast 

with the color of the background and so maintained 

as to be clearly visible and legible; i.e., 

dark numbers on a light background or light 

numbers on a dark background. The certificate 

of registration shall be pocket-size and shall be 

available for inspection on the boat for which 

issued whenever such boat is in operation. 

(6) (a) When the ownership of a registered 

pleasure boat changes, an application for transfer 

of ownership shall be filed with the division 

within fifteen days, with a fee of one dollar. 

(b) Vessels registered as commercial shall 

file a certificate within fifteen days for a transfer 

of ownership with the agency issuing the 

original certificate and license and pay a fee as 

provided by law. 

(c) In making application for a transfer of 

ownership of either noncommercial or commercial 

vessels, the registered owner shall sign his 

name and address and shall certify that the 

boat to be transferred is debt-free or is subject 

to a lien. Where a lien exists the owner 

shall furnish to the new owner, on forms supplied 

by the division, the name and address of 

the lien holder and the amount due on the 

boat, together with a statement from the lien 

holder that the lien holder has knowledge of 

and consents to the transfer to the new owner. 

(7) A decal signifying the year or years 

during which the certificate is valid shall be 

furnished by the division with each registration 

certificate issued. The decal shall be displayed 

by affixing it to the port (left) side of the 

boat either before or after the registration number. 

Any decal for a previous year shall be 

removed. 

(8) Duplicate certificates to replace lost or 

misplaced certificates may be obtained by mailing 

one dollar with a request for such a duplicate 

certificate to the division. No duplicate certificate 

shall be issued except upon written request 

of the registered owner or persons authorized 

by such owner to make such a request. 

The division shall supply application forms for, 

such duplicate certificates and require such information 

or documents as are necessary to secure 

reasonable proof of authority cf the person 

making the request. 

1871 

(9) Should the classification of a boat 

change from noncommercial to commercial, or 

from commercial to noncommercial and a current 

certificate has been issued to a resident 

owner, the owner shall forward his certificate 

to the division with a fee of one dollar and a 

new certificate shall be issued. 

(10) Any person who makes application to 

register a commercial boat as provided under 

this part shall submit to the division an affidavit 

stating that such person derives at least 

fifty per cent of his income from commercial 

uses of the boat, or that the boat is used exclusively 

for commercial purposes. 

(11) Anyone guilty of falsely certifying any 

facts relating to application, certificate, transfer, 

number, decal, duplicate certificates or any 

information required under this section shall 

be punished as provided under this part. 

History.-§l, ch. 59-399; II, ch. 61-511; 13, ch. 63-103; II, ch. 

65-361; §§25, 35, ch. 69-106. 

371.071 Special manufacturell's' and dealers' 

number.- 

(1) The description of the boat used in 

demonstration purposes by a manufacturer or 

dealer shall be omitted. In lieu of the description, 

the word manufacturer or dealer, as appropriate, 

shall be plainly marked on each certificate. 

(2) The manufacturer or dealer shall have 

the number awarded printed upon or attached 

to a removable sign or signs to be temporarily 

but firmly mounted upon or attached to the 

boat being demonstrated or tested so long as 

the display meets the requirements of this 

part. 

History.-§l, ch. 59-399; §1, ch. 65-361 . 

371.081 Reciprocity of foreign boats.-The 

owner of any boat already covered by a number 

in full force and effect which has been 

awarded to it pursuant to the operative federal 

law or a federally-approved numbering system 

of another state shall record the number prior 

to operating the boat on the waters of this state 

in excess of the ninety day reciprocity period 

provided for in this part. Such recordation 

shall be pursuant to the procedure required for 

the award of an original number, except that 

no additional or substitute number shall be issued. 

Hi.tory.-§l. ch. 59-399; §1, ch. 65-361. 

371.082 Military personnel, registration. 

(1) All military personnel on active duty 

in this state operating a boat that has a valid 

certificate of registration pursuant to the operative 

federal law or a federally approved 

numbering system of another state while such 

certificate of registration remains valid shall 

not be required to register his boat in this 

state; provided that at the expiration of such 

registration certificate all reregistration shall 

be issued by the state. 

(2) Any person violating the provisions of


this section shall be guilty of a misdemeanor 

and punished as provided by law. 

Hlotor7.-II1, 5, ch. 67 -586. 

371.091 Federal numbering system adopted.- 

(1) The boat identification number issued 

shall be of the pattern prescribed by regulations 

of the United States coast guard and 

shall be divided into parts. The first part shall 

consist of the symbols identifying the state followed 

by a combination of numerals and letters 

which furnish individual vessel identification. 

The group of digits appearing between letters 

shall be separated from those letters by hyphens 

or equivalent spaces. 

(2) The first part of the n umber shall be a 

symbol indicating Florida which shall be FL. 

(3) The remainder of the boat number shall 

consist of not more than four Arabic numerals 

and two capital letters or not more than three 

Arabic numerals and three capital letters, in sequence, 

separated by a hyphen or equivalent 

space, in accordance with the serials, numerically 

and alphabetically. 

(4) Since the letters I, 0 andQ may be mistaken 

for Arabic numerals, all letter ::;equences 

using I, 0 and Q shall be omitted. Objectionable 

words formed by the use of two or three 

letters shall not be used. 

H1stor7.-U, ch. 59-399 ; U, ch. 65-361. 

371.101 Change of interest and address. 

(1) The owner shall furnish the division notice 

of the transfer of all or any part of his 

interest other than the creation of a security 

interest in a boat numbered in this state pursuant 

to this part or of the destruction or 

abandonment of such boat, within fifteen days 

thereof. Such transfer, destruction, or abandonment 

shall terminate the certificate for such 

boat, except that in the case of a transfer of 

a part interest which does not affect the owner's 

right to operate such boat, such transfer 

shall not terminate the certificate. 

(2) Any holder of a certificate shall notify 

the division within fifteen days, if his address 

no longer conforms to the address appearing on 

the certificate and shall, as a part of such notification, 

furnish the division with his new address. 

The division may provide in its rules and 

regulations for the surrender of the certificate 

bearing the former address and its replacement 

with a certificate bearing the new address or 

for the alteration of an outstanding certificate 

to show the new address of the holder. 

Hlotor7.-11, ch. 59-399; II, ch. 65-361; §§25, 35, ch. 69-106. 

371.111 Only authorized number to be used. 

-No number other than the number awarded 

to a boat or granted reciprocity pursuant to 

this part shall be painted, attached or otherwise 

displayed on either side of the bow of 

such boat. 

HI8tor7.-11, ch. 59-399; II, ch. 65-361. 

371.131 Exemption from numbering provi- 

1872 

sions.-A boat shall not be required to be 

numbered under this part if it is in one of 

the following classifications: 

(1) Undocumented vessels used exclusively 

for racing. 

(2) Vessels operating under valid temporary 

certificate of number. 

(3) A vessel already covered by a number 

in full force and effect which has been awarded 

to it pursuant to federal law or a federally 

approved numbering system of another state; 

provided that such boat shall not have been 

within this state for a period in excess of 

ninety consecutive days. 

(4) A boat from a country other than the 

United States temporarily using the waters of 

this state. 

(5) A boat whose owner is the United 

States. 

(6) A ship's lifeboat. 

(7) A boat holding a valid marine document 

issued by the United States bureau of customs 

or any agency successor thereto. 

(8) A boat used exclusively on a privatelyowned 

lake. 

Hlotor7.-I1. ch. 59-399; (6) 12. (8) r . 13. ch. 61-511; fl. ch. 

65-361. 

371.141 Collisions, accidents, and casualties.- 

(1) It shall be the duty of the operator of 

a vessel involved in a collision, accident, or 

other casualty, so far as he can do so without 

serious danger to his own vessel, crew, and 

passengers (if any), to render to other persons 

affected by the collision, accident, or other casualty 

such assistance as may be practicable 

and as may be necessary in order to save them 

from or minimize any danger caused by the 

collision, accident, or other casualty, and also 

to give his name, address, and identification of 

his vessel in writing to any person inj ured and 

to the owner of any property damaged in the 

collision, accident, or other casualty. The operator 

of a vessel involved in an accident with an 

unattended vessel shall take all reasonable 

steps to locate and notify the owner or person 

in charge of such vessel of the foregoing accident, 

furnishing to such owner his name. address, 

and registration number and reporting as 

required under this section. 

(2) In the case of collision, accident, or 

other casualty involving a vessel, including capsizing, 

collision with another vessel or object, 

sinking, personal injury, death, disappearance 

of any person from on board under circumstances 

which indicate the possibility of death 

or injury, or property damage of fifty dollars 

or more to another vessel or dock, the operator 

shall within ten days report such accident to 

the sheriff of the county wherein such accident 

occurred, or to the division of marine resources, 

or to the game and fresh water fish 

commission or to the authorized agent of any 

of the aforementioned, who shall immediately 

transmit a copy of the report to the division.


A copy of every accident report shall be sent to 

the sheriff of the county. In the event report 

is not made, it shall be the responsibility of 

the investigating officer to file a report. 

(3) All accident reports required by this 

section made by persons involved in accidents 

shall be without prejudice to the individual so 

reporting and shall be for the confidential use 

of the division or other governmental agencies 

having use of the record, except that the division 

may disclose the identity of a person involved 

in an accident when the identity is not 

otherwise known or when the person denies his 

presence at such accident. No report shall be 

used as evidence in any trial, civil or criminal, 

arising out of an accident, except that the division 

shall furnish upon demand of any person 

who has, or claims to have, made such a report 

or, upon demand of any court, a certificate showing 

that a specified accident report has or has 

not been made to the division solely to prove 

a compliance or a failure to comply with the 

requirements that such a report be made to the 

division. 

(4) It is unlawful for a person operating a 

vessel involved in an accident or injury to leave 

the scene of the accident or injury without giving 

all possible aid to persons involved, or 

without making a reasonable effort to locate 

the owner or persons affected and subsequently 

complying with and notifying the appropriate 

law enforcement official as required under 

this section. 

81810ry.-Il, ch. 59-399 ; 14, ch. 61-511 ; II, ch. 65-361; §§25, 

35, ch. 69-106. 

371-151 Transmittal of information.-In accordance 

with any request made by an authorized 

official or agency of the United States, 

any information compiled or otherwise available 

to the division of marine resources concerning 

accidents or other data shall be transmitted 

to said official or agency of the United States 

and annual statistics shall be assembled as required 

by federal law. 

81810ry.-Il, ch. 59-399; §l, ch. 65-361 ; 1125, 35, ch. 69-106. 

371-161 Rules and regulations.-The department 

of natural resources shall make, adopt, 

promulgate, amend or repeal rules and regulations 

necessary for carrying out the administrative 

duties, obligations and powers conferred 

on the division by this part. 

8Islory.-§l, ch. 59-399; 14, ch. 63-103; 1 I, ch. 65-361; 1125, 

35. ch. 69-106. 

371-171 Motorboating revolving trust fund; 

appropriation.- 

(1) All funds collected from the registration 

of boats through the division of marine 

resources and the tax collectors of the state 

shall be deposited by the department of banking 

and finance in a motorboating revolving 

trust fund except as provided otherwise, in 

order to provide for the administrative cost of 

this part and for recreational channel marking, 

public launching facilities, and aquatic weed 

control. 

1873 

(2) From the funds collected through boat 

registration and deposited in the motorboating 

revolving trust fund, the legislature shall appropriate 

sufficient funds to the division for the 

administration of this part and for recreational 

channel marking, public launching facilities, 

and aquatic weed control. 

8Istor)'.-I1, ch. 59-399; f2, ch. 61-119; 11. ch. 63-105; U. 

ch. 65-361; 1112, 25, 35, ch. 69-106; fl, ch. 69-400. 

371-50 Reckless or negligent operation of 

vessel.-It is unlawful to operate a vessel in a 

reckless manner. A person is guilty of reckless 

operation of a vessel who operates any vessel, 

or manipulates any water skis, aquaplane, or 

similar device in willful or wanton disregard 

for the safety of persons or property, or without 

due regard, caution and circumspection, or 

at a speed or in a manner as to endanger, or 

likely to endanger, life or limb, or damage the 

property of, or injure any person. 

8181or)'.-ll, ch. 59-400; f3, ch. 63-105; II, ch. 65-361. 

371-503 Interference with navigation..-No 

person shall operate or permit to be operated 

a vessel or carryon any prohibited activity in 

a manner which shall unreasonably or unnecessarily 

interfere with another vessel. Anchoring 

under bridges or in heavily traveled channels 

shall constitute interference if unreasonable 

under the prevailing circumstances. 

81810r)'.-14, ch. 63-105; §l, ch. 65-361. 

371-504 Ineapacity of operator.-It is unlawful 

for the owner of any vessel or any person 

having such in charge or in control to authorize 

or knowingly permit the same to be 

operated by any person who by reason of physical 

or mental disability is incapable of operating 

such vessel under the prevailing circumstances. 

Nothing in this section shall be construed 

to prohibit operation of boats by paraplegics 

who are licensed to operate motor vehicles 

on the highways. 

81810r)'.-14, ch. 63-105; §l, ch. 65-361. 

371.51 Operating vessel while under influence 

of intoxicating liquor or narcotic drugs. 

It is unlawful for any person who is under the 

influence of narcotic drugs or intoxicating liquor, 

when affected to the extent that his normal 

faculties are impaired, to operate any vessel 

on the waters of this state. 

81810r)'.-12, ch. 59-400; 15. ch. 63-105; II, ch. 65-361. 

371-52 Boat declared dangerous instrumentality; 

civil liability.-All boats, of whatever 

classification, shall be considered dangerous instrumentalities 

in this state and any operator 

of such boats shall, during any utilization of 

said boats, exercise the highest degree of care 

in order to prevent injuries to others. Liability 

for negligent operation of a boat shall be confined 

to the person in immediate charge or operating 

the boat and not the owner of the boat, 

unless he is the operator or present in the boat 

when any injury or damage is occasioned by


of the exhaust in 'a reasonable manner. The 

use of cutouts is prohibited, except for vessels 

competing in a regatta or official boat race, 

and for such vessels while on trial runs. 

Hlstory.-§7. ch. 59-400; §11. Ch. 63-105; §1. ch. 65-361. 

371.561 Boat liveries; safety regulations; 

penalty.- 

(1) No boat livery shall knowingly lease, 

hire, or rent a boat to any person: 

(a) When the number of persons intending 

to use the boat shall exceed the number deemed 

to constitute a maximum safety load for the 

boat. 

(b) When the horsepower of the motor exceeds 

the capacity of the boat, making the 

boat unsafe to operate. 

(c) When the boat does not contain a 

coast guard approved lifesaving device for 

each person occupying the boat, and other 

equipment as required for the class of vessel 

as set forth in §371.57. 

(d) When the boat does not contain a suitable 

anchor and anchor line of appropriate 

size and length. 

(e) When the boat does not contain an appropriate 

paddle or oar. 

(f) When the boat is not seaworthy. 

(2) No boat livery shall close until the last 

boat has returned. If boat is unnecessarily 

overdue, the livery shall notify the proper authorities. 

(3) Any person convicted of violating this 

section shall be punished by a fine of not less 

than $25.00. 

(4) Where the boat livery has complied 

with subsections (1) and (2) his liability shall 

cease and a person leasing the boat from the 

livery shall be liable for any violations of this 

part and shall be personally liable for any accident 

or injury occurring while in charge of 

such boat. 

Hlstory.-§12. ch. 63-105; §t. ch. 65-361. 

371.57 Boat safety regulations; equipment 

requirements; lighting.-Every boat plying the 

waters of Florida shall carry safety equipment. 

The following requirements shall be applicable 

to the respective classes of boats as indicated: 

(1) CLASS A MOTORBOATS (UNDER 16 

FEET) SHALL HA VE THE FOLLOWING 

EQUIPMENT.- 

(a) Safety equipment.- 

1. One lifesaving device in good and serviceable 

condition, approved by the coast guard, 

for each person carried. 

2. One oar or paddle. 

3. One anchor and line of appropriate size 

and length. 

4. One coast guard approved or underwriters 

laboratory "marine type," type B size 1 fire 

extinguisher, unless propelled by outboard motor, 

not carrying passengers for hire and the 

motorboat is of open construction. 

(b) Lighting requirements between sunset 

and sunrise.- 

1875 

1. One white light aft, such light not to be 

obstructed by any part of the vessel so as to be 

visible in all directions. 

2. One combination red and green light on 

fore part of boat showing green to starboard 

and red to port, so fixed as to throw the light 

from right ahead to two points abaft the beam 

on their respective sides. 

3. Any motorboat may carry and exhibit the 

lights required by the international rules of 

the road (33 USC 143-147d), in lieu of the 

lights prescribed in this paragraph. 

(2) CLASS 1 MOTORBOATS (16 FEET TO 

LESS THAN 26 FEET) SHALL HAVE THE 

FOLLOWING EQUIPMENT.- 



condition, approved by the coast guard, 

for each person carried. 


laboratory "marine type," type B size 1 

fire extinguisher, unless propelled by outboard 

motor, not carrying passengers for hire and 

the motorboat is of open construction. 


and length. 

4. One hand or power-operated whistle or 

horn capable of producing a blast of two seconds 

duration and audible for a distance of 

one half mile. 


and sunrise.- 

1. One white light aft, such light to be unobstructed 

by any part of the vessel so as to be 

visible from all directions. 

2. One combination red and green light on 

fore part of boat showing green to starboard 

and red to port, so fixed as to throw the light 

from right ahead to two points abaft the beam 

on their respective sides. 

3. Any motorboat may carry and exhibit 

the lights required by the international rules 

of the road (33 USC 143-147d), in lieu of the 


(3) CLASS 2 MOTORBOATS (26 FEET TO 





condition, approved by the coast guard, for 

each person carried. 


laboratory "marine type," type B size 1 fire 

extinguisher, unless propelled by outboard motor, 

not carrying passengers for hire and the 

motorboat is of open construction. 


and length. 

4. One hand or power-operated whistle or 

horn capable of producing a blast of two seconds 

duration and audible for a distance of one 

mile. 

5. One bell producing a clear bell-like tone. 

(b) Lig hting requirements between sunset 

and sunrise.-

Ch. 371 REGULATION OF BOATS; TITLE CERTIFICATES Ch.371 

1. A bright white light in the fore part of 

the vessel as near the stem as practicable, so 

constructed as to show an unbroken light over 

an arc of the horizon of twenty points of the 

compass, so fixed as to throw the light ten 

points on each side of the vessel; namely, from 

right ahead to two points abaft the beam on 

either side. 

2. A bright white light aft to show all 

around the horizon and higher than the white 

light forward. 

3. On the starboard side a green light so 


an arc of the horizon of ten points of the compass, 

so fixed as to throw the light from right 

ahead to two points abaft the beam on the 

starboard side. On the port side a red light so 


an arc of the horizon of ten points 0-1 the compass, 


ahead to two points abaft the beam on the port 

side. The said side lights shall be fitted with 

inboard screens of sufficient height so set as to 

prevent these lights from being seen across the 

bow. 

4. Any motorboat may carry and exhibit the 

lights required by the international rules of 

the road (33 USC 143-147d), in lieu of the 


(4) CLASS 3 MOTORBOATS (40' FEET TO 




1. One life preserver or ring life buoy in 

good and serviceable condition, approved by 

the coast guard, for each person carried. 

2. Three underwriter approved class B-1 extinguishers 

or one class B-II and one class B-1 

extinguishers. 


and length. 

4. One power-operated whistle or horn capable 

of producing a blast of two seconds duration 

and audible for a distance of one mile. 

5. One bell producing a clear bell-like tone. 


and sunrise.- 

1. A bright white light in the fore part of 

the vessel as near the stem as practicable, so 


an arc of the horizon of twenty points of the 

compass, so fixed as to throw the light ten 

points on each side of the vessel; namely, from 

right ahead to two points abaft the beam on 

either side. 

2. A bright white light aft to show all 

around the horizon and higher than the white 

light forward. 

3. On the starboard side a green light so 


an arc of the horizon of ten points of the compass, 


ahead to two points abaft the beam on the starboard 

side. On the port side a red light so 


an arc of the horizon of ten points of the com- 

1876 

pass, so fixed as to throw the light from right 

ahead to two points abaft the beam on the 

port side. The said side lights shall be fitted 

with inboard screens of sufficient height so set 

as to prevent these lights from being seen 

across the bow. 

4. Any motorboat may carry and exhibit 

the lights required by the international rules 

of the road (33 USC 143-147d), in lieu of the 


(5) The use of sirens on any vessel except 

police or fire boats is prohibited. 

(6) The use of flashing red lights on any vessel 

except police or fire boats is prohibited. 

(7) (a) Motorboats of classes A and 1 when 

propelled by sail alone shall carry the combined 

lantern, but not the white light aft, prescribed 

by this section. Motoroboats of classes 

2 and 3, when so propelled, shall carry the 

colored side lights, suitably screened, but not 

the white lights, prescribed by this section. 

(b) Every vessel shall, between sunset and 

sunrise, carry a lighting device capable of shining 

a white light all around the horizon and 

shall display such light in sufficient time to 

avoid collision with another vessel. 

(8) Every vessel shall be equipped with at 

least one adequate coast guard approved lifesaving 

device for each occupant. 

Blstory.-18. ch. 59-400; §13. ch. 63-105; 11. ch. 65-361. 

371.571 Ventilator ducts; backfire flame control.- 

(1) All motorboats or motor vessels, except 

open boats, the construction or decking over 

of which was commenced after April 25, 1940, 

and which use fuel having a flash point of 110 

degrees F. or less shall have at least two 

ventilator ducts fitted with cowls or their equivalent 

for the efficient removal of explosive or 

inflammable gases from the bilges of every engine 

and fuel tank compartment. There shall 

be at least one exhaust duct installed so as 

to extend from the open atmosphere to the 

lower portion of the bilge and at lea·st one intake 

duct installed so as to extend to a point 

at least midway to the bilge or at least below 

the level of the carburetor air intake. The 

cowls shall be located and trimmed for maximum 

effectiveness so as to prevent fumes from 

being recirculated. As used in this subsection, 

the term "open boats" means those vessels with 

bilges under the engines and fuel tanks, and 

bilges interconnected therewith, open throughout 

so as to prevent the entrapment of explosive 

or inflammable gases and vapors within 

the vessel. 

(2) Every gasoline engine installed in a 

motorboat or motor vessel after April 25, 1940, 

except outboard motors, shall be equipped with 

an efficient means of backfire flame control. Installations 

made before November 19, 1952, 

need not meet the detailed requirements of this 

subsection and may be continued in use as long 

as they are in good condition. The following 

are acceptable means of backfire flame control 

for ga·soline engines:

Ch. 371 REGULATION OF BOATS; TITLE CERTIFICATES Ch.371 

(a) A backfire flame arrestor specifically approved 

by the United States coa-st guard. The 

flame arrestor shall be suitably secured to the 

air intake with flame tight connection. 

(b) An engine air and fuel intake system 

which provides adequate protection from propagation 

of backfire flame to the atmosphere 

equivalent to that provided by an approved flame 

arrestor. A gasoline engine which has such an 

air and fuel intake system and which is to be 

operated without an approved flame arrestor 

shall be labeled to meet requirements of the 

United States coast guard. 

(c) Any attachment to the carburetor or 

location of the engine air intake by means of 

which flames caused by engine backfire will be 

dispersed to the atmosphere outside the vessel 

in such a way that the flames will not endanger 

the vessel or persons on board. All attachments 

shall be of metallic construction with 

flame tight connections and firmly secured to 

withstand vibration, shock and engine backfire. 

Such installations do not require formal 

. approval but will be accepted by the law enforcement 

officers on the basis of this item. 

Hlltory.-I1. ch. 65-361. 

371.58 Safety inspections; qualified.-No officer 

shall board any vessel to make a safety inspection 

if the owner or operator is not aboard. 

When the owner or operator is aboard an officer 

may board a vessel with consent or when 

he has probable cause or knowledge to believe 

that a violation of a provision of this part has 

occurred or is occurring. 

Hlotor,.-19. ch. 69-400; 114. ch. 63-105; 11. ch. 65-361. 

371.59 Local regulation qualified.-The provisions 

of §§371.011-371.051, 371.071-371.171, 

371.50-371.58, shall govern the operation, equipment 

and all other matters relating thereto 

whenever any vessel shaH be operated upon the 

waterways or when any activity regulated 

hereby shall take place thereon. Nothing in 

these sections shall be construed to prevent the 

adoption of any ordinance or local law relating 

to operation and equipment of vessels; providedsuch 

ordinances or local laws shall be 

operative only when they are not in conflict 

with this chapter or any amendments thereto 

or regulations thereunder. 

HI.&or,.-110. ch. 59-400; 116. ch. 63-105; 11. ch. 65-361. 

371.60 Maximum safety load plate attached. 

-All vessels sold in Florida shall have attached 

thereto a plate stating the recommended 

number of persons or maximum weight load 

consistent with safe operation of the vessel. 

Thi'sshall not apply to resales but it is the 

intent of this section to require manufacturers 

to furnish this information upon the original 

sale. 

HI.&or,.-I11. ch. 58-400; 117. ch. 63-105; fl. ch. 65-361. 

371.62 Legislative intent.-It is the legislative 

intent that boats be taxed uniformly 

throughout the state. The purpose of §§371.- 

63-371.68 is to make taxing and registration 

procedures similar to those of automobiles and 

1877 

airplanes, all of which are power-driven either 

on land or air or water, as motor vehicles or 

motorboats and to provide for a boat registration 

tax and certificate so as to determine the 

ownership of boats which travel the waters of 

this state and to aid in the advancement of 

maritime safety . 

Hlotor,.-I1. ch. 65-361. 

371.63 Legislative declaration.-All boats 

hereinafter described propelled in whole or in 

part by a motor, either inboard or outboard, 

and registered as provided herein or in chapters 

370 and 372, are hereby declared to be motor 

vehicles and shall be taxed and certified as 

motor vehicles; provided, however, that said 

boats shall not be entitled to the exemption 

granted to motor vehicles in §212.08(3); provided, 

further, that nothing in this section 

shall be construed to prohibit any municipality 

that expends money for the patrol, regulation 

and maintenance of any lakes, rivers, or waters 

in such municipality from regulating such boats 

resident in such municipalities and charging a 

license fee therefor. All moneys received from 

such fee shall be expended for the patrol, regulation 

and maintenance of the lakes, rivers 

and waters of such municipality. 

Wotor,.-I1. ch. 65-361 . 

371.64 Exemption from personal property 

tax.-AH boats and vessels registered as provided 

herein or in chapters 370 and 372, and 

outboard motors capable of propelling any such 

boat or vessel, shall be exempt from any personal 

property tax and in lieu thereof shall 

pay a boat registration certificate tax. A certificate 

of registration shall be is'sued for any 

documented vessel, the owner of which has paid 

the boating registration certificate tax, but no 

state registration number shall be issued to 

said vessel. 

Wstory.-I1. ch. 65-361. 

371.65 Classification and tax.-Vessels shall 

be classified for tax purposes according to the 

following schedule and the registration certificate 

tax shall be in the following amounts: 

(I) COMMERCIAL.-Commercial boats 

shall be certified and licensed as provided in 

chapters 370 and 372. 

(2) NONCOMMERCIAL MOTORBOATS.- 

Class I-All boats less than 12 feet ____ $ 1.00 

(All to county) ________________________ $ 1.00 

Class 2-12 feet or more and less than 

16 feet in length ___ _________________ $ 5.00 

(To county) ______________________________ $ 2.50 

Clas-s 3-16 feet or more and less than 

26 feet in length ____________________ $10.00 

(To county) ______________________________ $ 7.50 


40 feet in length ____________________ $30.00 

(To county) ________ ______________ ______ $27.50 

Class 5-40 feet or more and Jess than 

65 feet in length _________________ $50.00 

(To county) ____________ ________ $47.50 


110 feet in length ______________ $60.00 

(To co unty) ________________________ $57.50


Class 7-110 feet or more in length __ __ __ $75.00 

(To county) _____ . _____________ ___ _____ .$72.50 

Dealer classification _______________ $10.00 

(3) Administrative costs shall be deducted 

as follows: class 2, 3, 4, 5, 6 and 7 ____ ___ ____ ____ .$2.50 

(4) SERVICE FEES.-In addition there 

shall be paid to the issuing agent a fifty cents 

service fee for each registration or reregistration 

a,s provided for in §371.051. There shall 

be no duplication of fees and boats registered 

under either this law or chapters 370 or 372. 

Boats may travel in salt or fresh water at will 

except as restricted by law applicable to commercial 

vessels in either chapters 370 or 372. 

(5) Fees allowed for administration and 

registration fees shall be deposited by the 

state treasurer into the motorboat revolving 

trust fund. The registration certificate tax shall 

be transmitted to each county based on the 

number of boats registered in the county and 

the tax shall be distributed in the county, two 

thirds to the school board and one third 

to the general county fund, unless otherwise 

changed by law. 

(6) FRACTIONAL REGISTRATION FEE. 

-Any boat registered for the first time between 

January 1 and June 30 shall be charged 

one half the annual registration rate. The 

above fractional rate does not apply to boats 

subject to registration prior to December 31, 

providing that a boat shall not be considered 

subject to reregistration prior to December 31 

if purchased by a new owner after December 

31. 

(7) REGISTRATION DATE.-The registration 

and reregistration of boats and payment 

of above fees for the ensuing year shall 

begin on June 1 and end on June 30 except 

that the governor may extend the period of 

registration for an additional thirty days when 

such extension is desirable. The operation of 

any boat after July 1, unless the period is extended, 

without a current registration as provided 

under this law or chapters 370, 372, is a 

misdemeanor and shall subject the owner and 

371.75 Application for certificate of title. 

371.76 Certificate of title required. 

371.77 Hull serial number required. 

371.78 Refusal to issue or cancellation of certificate 

of number or title. 

371.79 Duplicate certificate of number or title. 

371.791 Manufacturer's certificate of origin to 

be furnished. 

371.75 Application for certificate of title. 

(1) The owner of a motorboat required to 

pay the boat registration certificate tax under 

chapters 370, 371 and 372 shall apply to the 

division of marine resources for a certificate 

of title. 

PART II 

BOATS; TITLE CERTIFICATES 

1878 

operator thereof to arrest and punishment as 

provided by law. 

(8) EXEMPTION.-Vessels and motorboats 

owned and operated by Sea Explorer or 

Sea Scout units of the Boy Scouts of America 

are exempt from the provisions of subsection 

(2) of this section. Such vessels or motorboats 

shall be issued certificates of registration and 

numbers upon application and payment of the 

service fee provided in subsection (4) of this 

section. 

Hlstory.-U, ch. 65-361 ; §2, ch. 67-586 ; §l, ch. 69-300. 

Note.-Slmllar provisions In former §371.0104. 

371.66 Jurisdiction.-The safety regulations 

included under this part shall apply to all 

boats except as specifically excluded, operating 

upon the navigable waterways or inland lakes, 

ponds, streams, or any other waters in Florida. 

However, only §371.57 (7), (8) shall apply to 

rowboats and canoes without motors, sailboats 

less than ten feet in length, airboats and similar 

specialty watercraft. 

Hlstory.-§I, ch. 65-361. 

371.67 Enforcement.- 

(1) This part shall be enforced by the 

division of marine resources and its agents, the 

commission and its agents, the sheriffs of the 

various counties and their deputies, and any 

other authorized law enforcement officer, all of 

whom may enforce the provisions of this part 

and cause any inspections to be made of all 

boats in accordance with this part, on the 

waters of this state. 

(2) Such officers and agents shall have the 

power and duty to make such investigations, 

reports and arrests in connection with any violation 

of the provisions of this part as are 

necessary to effectuate the intent and purpose 

of this part. 

History.-U, ch. 65-361; §§25, 35, ch. 69-106. 

371.68 Penalty.-Any person failing to comply 

with the provisions of this part is guilty 

of a misdemeanor and punishable as provided 

by law. 

Hislor)'.- Il, ch. 65-361. 

Note.-Slmllar provisions In former §§371.61 and 371.0108. 

371.80 Motorboating revolving trust fund. 

371.81 Notice of lien on motorboats; recording. 


371.83 Legislative intent. 

(2) The application shall include the true 

name of the owner, the residence or business 

address of owner and a description of the boat. 

The application shall be signed by the owner 

and shall be accompanied by the prescribed 

fee.

Ch. 372 GAME AND FRESH WATER FISH Ch. 372 

372.001 

372.01 

372.02 

Definitions. 

Game and fresh water fish commission. 

Powers of commission ,and conservation 

officers. 

CHAPTER 372 

*GAME AND FRESH WATER FISH 

372.59 

372.60 

372.61 

License not transferable. 

Issuing of duplicate license. 

Reports and remittances of county 

judges. 

372.021 Powers, duties and authority of commission; 

rules, regulations and orders; 

effective date and notice. 

372.022 Sale, trade, etc., commission lands in 

Lake and Marion counties. 

372.023 J. W. Corbett wildlife management 

area. 

372.03 Headquarters of commission. 

372.04 Director of commission. 

372.05 Duties of director. 

372.051 Seal of commission; certificate as evidence. 

372.06 Meetings of the commission. 

372.061 Meetings; authority to hold at any 

point in state. 

372.07 Police powers of commission and its 

agents. 

372.08 Audit of accounts; reports. 

372.09 State game trust fund established. 

372.10 Payment of accounts, etc. 

372.12 Acquisition of state game lands. 

372.16 Private game preserves and farms; 

penalty. 

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

372.26 Imported fish. 

372.27 Silver Springs and Rainbow Springs, 

etc., closed to all fishing. 

372.31 Disposition of illegal fishing devices. 

372.311 Disposition and appraisal of property 

seized under this chapter. 

372.312 Forfeiture proceedings. 

372.313 Delivery of property to claimant. 

372.314 Proceeding when no claim filed. 

372.315 Proceeding when claim filed. 

372.316 State attorney to represent state. 

372.317 Judgment of forfeiture. 

372.318 Fees for services. 

372.319 Disposition of proceeds of forfeiture. 

372.321 Exercise of police power. 

372.43 Unlawful to kill carrier pigeon; penalty. 

372.57 Fishing, hunting and trapping licenses. 

372.571 Expiration of licenses. 

372.572 Right of resident to fish in certain 

waters. 

372.573 Permits, land owned, etc., by state; 

fee. 

372.574 Appointment of sub-agents for issuance 

and sale of hunting, fishing and 

trapping licenses. 

372.575 Fish management fund created. 

372.576 Archery permit for hunting; fee. 

372.58 False statement in application for license. 

372.581 Entering false information on licenses. 

372.62 Guide license and regulations. 

372.63 License for boats rented for hunting 

and fishing. 

372.64 Commercial fishing boat licenses. 

372.65 Fresh water fish dealer's license. 

372.66 License required for fur and hide dealers. 

372.661 Private hunting preserve, license; exception. 

372.662 Unlawful sale, possession or transporting 

of alligators or alligator 

skins. 

372.665 Word alligator, etc., not to be used in 

certain sales. 

372.67 Hunters and trappers required to make 

report. 

372.68 Fresh water fish dealers to report. 

372.69 Game and fresh water fish commission 

to furnish forms. 

372.70 Prosecutions. 

372.701 Arrest by officers of the game and 

fresh water fish commission; recognizance; 

cash bond; citation. 

372.71 Fines and penalties; forfeiture of license. 

372.72 Disposition of fines, penalties and forfeitures. 

372.73 Confiscation and disposition of illegally 

taken game, etc. 

372.74 Co-operative agreements with U. S. 

forest service; penalty. 

372.75 Use of explosives and other substances 

prohibited. 

372.76 Search and seizure authorized and 

limited. 

372.77 Assent to provisions of act of congress 

of September 2,1937. 

372.771 Federal conservation of fish and wildlife; 

limited jurisdiction. 

372.83 Penalties for violation of rules, regulations 

and orders relating to game 

and fresh water fish. 

372.84 Forfeiture of licenses, permits, etc. 

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 Opening cages, etc., housing poisonous 

or venomous reptiles. 


372.92 Rules and regulations. 

oNote.-f25. ch. 69-106 transferred the game and fresh water 

fish commission functions prescribed by ch. 372 by a type 1 

transfer to the department of natural resources. excepting from 

said transfer the exercise by the commission of its constitutional 

powers. 

372.921 Exhibition of wildlife. 

372.931 Hyacinth control. 

372.97 Jim Woodruff dam; reciprocity agreements. 

1881


372.971 St. Mary's river; reciprocity agreements. 

372.98 Possession of nutria, license, inspection, 

penalty for violation. 

372.99 Illegal taking and possession of deer 

and wild turkey; evidence; penalty. 

372.001 Definitions.-In construing these 

statutes, when applied to salt and fresh water 

fish, shell fish, crustacea, sponges, wild birds 

and wild animals, where the context permits, 

the word, phrase or term: 

(1) "Residents of Florida" includes citizens 

of the United States who have continuously 

resided in the state for one year and in the 

county for six months; provided, however, 

members of the armed services stationed in 

Florida are deemed residents of this state. 

(2) "Fish and game" shall include all fresh 

and salt water fish, shell fish, crustacea, 

sponges, wild birds and wild animals. 

(3) "Game animals" shall include deer and 

squirrels. 

(4) "Fur-bearing animals" shall incl ude 

muskrat, mink, raccoon, otter, civet cat, skunk, 

red and gray fox, bear, panther and opossum. 

(5) "Game birds" shall include the anatidae, 

commonly known as swans, geese, brant and 

river and sea ducks; rallidae, commonly known 

as rails or marsh hens, coots and gallinules; 

limcolae, commonly known as shore bird/!, plovers, 

surf birds, snipe, woodcocks. sand'pipers, 

tattlers and curlews; gallinae commonly known 

as wild turkeys, grouse, pheasants and quail; 

and the species of columbae, known as mourning 

doves (commonly called turtle doves). 

(6) "Non-game birds" shall include all wild 

birds other than game birds. 

(7) "Fresh water fish" shall include all 

classes of pisces that are indigenous to fresh 

water. 

(8) "Salt water fish" shall include all classel'l 

of pisces, shell fish, sponges and crustacea indigenous 

to salt water. 

(9) "Open season" shall be that portion of 

the year wherein the laws of Florida for the 

preservation of fish and game permit the taking 

of particular species of game or varieties 

of fish. 

(10) "Closed season" shall be that portion of 

the year wherein the laws of Florida forbid 

the taking of particular species of game or 

varieties of fish. 

(11) "Fresh water," except where otherwise 

provided by law, includes all lakes, rivers, caDals, 

and other water ways 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 the commission of 

game and fresh water fish, by and with the CODsent 

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. 

(12) "Salt water" shall include all bodies of 

1882 

372.9901 Seizure of illegal devices; disposition; 

appraisal; forfeiture. 

372.9902 Inapplicability of §§372.99 and 372.- 

9901. 

water, streams, rivers, canals and water ways 

not defined as fresh water. 

(13) Wherever it is made "lawful to take" 

game, non-game birds, fresh water fish or fur 

bearing animals or parts thereof or birds' nests 

or eggs, it shall mean the pursuit, hunting, 

capturing or killing thereof in the manner and 

at the time and by means specifically permitted. 

(14) Wherever it is made "unlawful to take" 

game, non-game birds, fresh water fish or furbearing 

animals or parts thereof or birds' nests 

or eggs, the phrase shall include pursuing, 

shooting, hunting, killing, trapping, capturing, 

snaring, netting, gigging, and collecting and 

all lesser acts such as worrying the same or 

placing or using any net or other device for 

the purpose of taking same, whether or not 

they result in the intended taking. 

(15) The phrase "common carrier" shall include 

any person, firm or corporation, who undertakes 

for hire, as a regular business, to 

transport persons or commodities from place to 

place offering his services to all such as may 

choose to employ him and pay his charges. 

(16) "Transport" shall Include shipping, 

transporting, carrying, importing, exporting, 

receiving or delivering for shipment, transportation 

or carriage or export. 

(17) The word "guide" shall include any person 

engaged in the business of guiding hunters 

or hunting parties, fishermen or fishing 

parties, for compensation. 

(18) "Shell fish" shall include oysters, clams 

and whelks. 

(19) "Coon oysters" are oysters found growing 

in bunches along the shore between high 

and low water mark. 

(20) "Reef bunch oysters" are oysters found 

growing on the bars or reefs in the open bay 

and exposed to the air between high and low 

tide. 

(21) "Food fish" shall include mUllet, trout, 

red fish, sheephead, pompano, mackerel, bluefish, 

red snapper, grouper and all other fish 

generally used for human consumption. 

(22) A "natural" oyster or clam reef, or bed, 

or bar, shall be considered and defined as an 

area containing not less than one hundred 

square yards of the bottom where oysters or 

clams are found in a stratum. 

(23) "Private hunting preserve" shall include 

any area set aside by a private individual 

or concern on which artificially propagated 

game or birds are taken. 

(24) "A fish management area" is 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 game and fresh water fish 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. 

HI.torT.-17, ch. 3147, 1879; Ill, 2, 3, ch. 3292, 1881; RS 

2761, 2762; Ill, 18, 21, ch. 6532, 1913; 1111, 17. ch. 6877, 

1916; RGS 1230; 1247, 1249, 1272, 6830; 11, ch. 8688, 1921; 

II, ch. 11838, 1927; CGL 1788, 1806, 1807, 1840, 1902, 8063; 

§t, ch. 13644, 1929; CGL 1936 SuPp. 1977(1); II, ch. 19226, 

1939; CGL 1940 Supp. 1977(l-a); (23) n . fl. ch. 59-73; (24) n . 

11. ch. 63-30 ; II. ch. 69-166. 

Note.-Formerly §371.01. 

372.01 Game and fresh water fish commis· 

sion.- 

(1) The game and fresh water fish commission 

shall consist of five members, one 

from each congressional district, as existed on 

January 1, 1941, who shall be appointed by 

the governor, subject to confirmation by the 

senate. 

(2) Members so appointed shall annually 

select one of their members as chairman. Such 

chairman 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 chairman 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 traveling expenses as 

provided in §1l2.061. 

HlatorT.-§2, ch. 13644, 1929; 11. ch. 17016, 1936; CGL 

1936 Supp. 1977(2) ; §l. cn. 26766. 1951; (3) f19. ch. 63-400. 

Note.-Attorney General Opinion 069-36. May 27. 1969. 

cf.-§9. Art. IV. con st. 

372.02 Powers of commission and conserva· 

tion officers.-The game and fresh water fish 

commission shall have power: to adopt and 

enforce rules and regulations for the government 

of its meetings and proceedings and 

for the transaction of its business; to appoint 

chief conservation officer for each congressional 

district, who shall reside therein during 

his employment, at an annual salary, payable 

in monthly installments from the state 

game trust fund, to be fixed by said commission 

not to exceed one thousand eight hundred 

dollars; to appoint as many conservation officers 

as may be required to efficiently enforce 

the game and fresh water fish laws of this 

state, said officers to be paid such salary, not 

less than nine hundred dollars per annum, as 

may be fixed by said commission, payable in 

monthly installments from the state game trust 

fund; to appoint honorary game wardens, who 

shall serve without compensation and who 

shall not be empowered to carry arms; and 

to enforce all laws relating to game, non-game 

birds, fresh water fish and fur-bearing ani· 

mals. The chief conservation officers and the 

conservation officers shall be reimbursed for 

traveling expenses as provided in §1l2.061. 

Each chief conservation officer and each con- 

1888 

servation officer shall be covered by a public 

employee's faithful performance of duty bond, 

with two good and sufficient sureties, or one corporate 

blanket surety authorized to do business 

in this state, in the sum of one thousand dollars, 

to be approved by the commission, conditioned 

upon the faithful performance of his ffuties 

and payable to the governor and hls SUCCflssors 

in office. It shall be cause for removal fc.r any 

conservation officer to hunt during the open 

season provided by law for taking game or 

to act as guide to any person at any time. 

Hlatory.-§3, ch. 13644, 1929; 11. ch. 17016. 1935; CGT. 

1936 Supp. 1977(3); fl. ch. 59-485; f2. ch. 61-ll9; §l9. ch. 63-400. 

372.021 Powers, duties and authority of commission; 

rules, regulations and orders; effective 

date and notice.-The game and fresh water 

fish commission may exercise the powers, duties 

and authority granted by §9, Art. IV, of the 

constitution of Florida, by the adoption of 

rules, regulations and orders, or otherwise in 

its discretion, which said rules, regulations and 

orders shall be promulgated in the manner following: 

(1) All general codes of rules. regulations 

and orders, and all revisions thereof and amendments 

and additions thereto, of state-wide application, 

made and adopted by the commission 

shall be promulgated by the director of the commission. 

by filing a certified copy thereof with 

the department of state and a certified copy 

thereof in the office of each county judge 

of this state, and by the publication of a 

notice one time in each of the congressional 

districts of the state in a newspaper published 

in and having general circulation in such district, 

notifying and advising the people of the 

state such code of rules, regulations and orders, 

or revisions, amendments or additions 

thereto, have been made and adopted by the 

commission and a certified copy thereof is on 

file with the department of state and also 

in the office of each county judge in the state, 

and a copy thereof may be obtained from the 

commission at its office in Tallahassee. 

(2) Such general code of rules, regulations 

and orders, and all revisions, amendments and 

additions thereto, shall become effective thirty 

days after the filing of a certified copy with 

the department of state. 

(3) All rules, regulations and orders. and all 

revisions thereof and amendments and additions 

thereto, of less than state-wide application, 

made and adopted by the commission, shall be 

filed with the department of state and notice 

thereof shall be published by the director of 

the commission, one time in a newspaper of 

general circulation published in the area or 

areas affected by such rule or regulation, within 

ten days from the date of the adoption thereof. 

Such rules. regulations and orders, and all revisions 

thereof and amendments and additions 

thereto shall become effective twenty days after 

being filed with the department of state, and 

by publication as aforesaid the director of 

game and fresh water fish commission shall give


sion may require or necessitate, payment for 

said rented or leased premises to be made from 

the state game trust fund. 

HI8tor,..-§2. ch. 13644. 1929; fl. ch. 17016. 1935; CGL 

1938 Bupp. 1977(2); 12, ch. 81-119. 

d .-128.24 CompensatIon of clerk of circuIt court. 

372.04 Director of commission.-The commission 

shall appoint, fix the salary of, and 

at pleasure remove, a suitable person, not a 

member of the commission, as director. Said 

director shall be reimbursed for traveling and 

other expenses incurred in the discharge of 

his official duties. The director shall give 

bond in the sum of ten thousand dollars, conditioned 

upon the faithful performance of his 

official duties, payable to the governor and 

his successors in office, with some reputable 

bonding corporation authorized to do business 

in this state as surety, said bond to be approved 

by the department of banking and finance. Said 

director shall maintain his headquarters and 

reside in Tallahassee. 

Hletor,..-§2. ch. 13644. 1929; 11. ch. 17016. 1935; CGL 

1936 Supp. 1977(2); 12, ch. 26766, 1951; f§12, 35. ch. 69-106. 

372.05 Duties of director. - The director 

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 his duties. 

(3) Have full authority to represent the 

commission in its dealings with other state 

departments, county commissioners, and the 

federal government. 

(4) Submit to the commission at each of its 

meetings a report of all his actions and doings 

as official representative of the commission. 

(5) Visit each county in the state at least 

once each year and oftener if it appears to 

him to be necessary. 

(6) 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 director. 

(7) Have such other powers and duties as 

may be prescribed by the commission in pursuance 

of its duties under §9, Art. IV, of the 

state constitution. 

Hletor,..-U2. 3. ch. 13644. 1929; fl. ch. 17016, 1936; CGL 

1936 Bupp. 1977(2), 1977(3); 13, ch. 26766, 1951; 17, ch. 69-216. 

372.051 Seal of commission; certificate as 

evidence.-The game and fresh water fish commission 

shall adopt and use a common seal, and 

a certificate under the seal of the commission, 

signed by its chairman and attested by its director 

shall constitute sufficient evidence of the 

action of the commission; and copies of the minutes 

of the commission, or any part thereof, or 

of any record or paper of said commission, or 

any part thereof, or of any rule, regulation, or 

order of the commission, or any part thereof, 

1885 

or of any code of rules, regulations or orders 

of the commission, or any part thereof, certified 

by the director of the commission under its seal, 

shall be admissible in evidence in all cases and 

proceedings in all courts, boards and commissions 

of this state without further authentication. 

Blstor,..-13. ch. 21945, 1943; 14. ch. 26766, 1951. 

Note.-Formerly 1372.81. 

372.06 Meetings of the commission. - At 

least four meetings of the game and fresh 

water fish commission shall be held at the state 

capital no less frequently than once every 

three months, which meetings shall be known 

as the quarterly meetings of the commission; 

other meetings may be held at such times and 

places as may be decided upon or as provided 

by rules of the commission, such meetings to 

be called by the executive secretary on not less 

than one week's notice to all members of the 

commission; or meetings may be held upon 

the request in writing of three members of 

the commission, at a time and place to be designated 

in the request, and notice of such 

meetings shall be given at least one week in 

advance thereof to all members of the commission 

by the executive secretary. Three members 

shall constitute a quorum at any meeting 

of the commission. No action shall be binding 

when taken up by the commission, except at a 

regular or call meeting and duly recorded in 

the minutes of said meeting. 

HI.tor,..-12. ch. 13644. 1929; fl. ch. 17016. 1935; CGL 

1986 Supp. 1977(2). 

372.061 Meetings; authority to hold at any 

point in state.- 

(1) From and after June 15, 1953, the game 

and fresh water fish commission of the state 

is hereby authorized and empowered to hold 

its meetings at any point in the state; that 

rules, regulations, resolutions or orders of the 

commission made and promulgated at meetings 

held at points other than Tallahassee shall 

have the same full force and effect as those 

made and promulgated at meetings held in 

Tallahassee. 

(2) Due and proper notice shall be given 

publishing the place and date of such meetings. 

Blstor,..-fll, 2, ch. 28319. 1953. 

372.07 Police powers of commission and its 

agents.-The game and fresh water fish commission 

and each and every of its duly authorized 

conservation agents, have power and 

authority, throughout the state, to enforce all 

laws relating to game, non-game birds, fresh 

water fish and fur-bearing animals, and in 

connection with said laws, in the enforcement 

thereof and in the performance of their duties 

thereunder, to go upon all premises, posted 

or otherwise; execute warrants and search 

warrants for the violation of said laws; serve 

subpoenas issued for the examination, investigation 

and trial of all offenses against said 

laws; carry firearms or other weapons, concealed 

or otherwise, in the performance of


their duties; 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, examine any person, boat, conveyance, 

vehicle, game-bag, game-coat or any other 

receptacle for game, non-game birds, fresh 

water fish or fur-bearing animals, 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 he has reason to 

believe, has exhibited his authority and stated 

to the suspected person in charge his reason 

for believing that any of the aforesaid laws 

have been violated at such camp; 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; seize and take possession 

of all game, non-game birds, fresh water fish 

and fur-bearing animals, which may have been 

taken or had in possession or under control or 

which have been shipped or about to be shipped 

at any time or in any manner contrary to 

said laws. 

Hlatory.- §3, ch. 13644. 1929: U, ch. 17016, 1935; CGL 

1936 Supp. 1977 (3); §7, ch. 22858, 1945. 

372.08 Audit of accounts; reports. - The 

governor shall require an audit of the office and 

accounts of the game and fresh water fish 

commission to be made at least once during each 

fiscal year and said commission shall make an 

annual written report to the governor as to 

the administration of its department. 

Hlatory.-§10, ch. 13644, 1929; CGL 1936 Supp. 1977(10). 

372.09 State game trust fund established. 

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, fresh water 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. 

Hlstory.-113. ch. 13644, 1929; 11. ch. 17016, 1935; CGL 

1936 Supp. 1977 (3); 17, ch. 22858, 1945. 

said commission, upon vouchers issued by the 

executive secretary and countersigned by the 

chairman, said vouchers to be audited and allowed 

by the state comptroller and paid by the 

comptroller's warrant on the state treasurer 

out of the state game trust fund. 

Hlatory.-f§2, 9, ch. 13644, 1929; CGL 1936 Supp. 1977(2), 

1977(9) ; §2, ch. 61-119. 

372.12 Acquisition of state game lands. 

The game and fresh water fish 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, non-game 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, 

non-game birds, fresh water 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 such lands shall 

be purchased at a price to exceed ten dollars 

per acre. No property acquired under this section 

shall be exempt from state, county or district 

taxation. 

Hlatory.-U6, 67, ch. 13644, 1929; CGL 1936 Supp. 1977(6), 

1977 (67 ); §7, ch. 22858 , 1945 ; §25, ch. 29615 , 1955 ; Ull, 35, ch. 

69-106. 

cf.-§253.03 (6) Title to state lands. 

§372.19 Preserves. refuges, etc., Dot tax exempt. 

372.16 Private game preserves and farms; 

penalty.- 

(1 ) Any person owning land in this state 

may, after having secured a license therefor 

from the game and fresh water fish commission, 

establish, maintain and operate within 

the boundaries thereof, a private preserve 

and farm, not exceeding an area of 

six hundred forty 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. 

(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 

372.10 Payment of accounts, etc.-All ac- shall be subject at any time to inspection by 

counts, claims and bills of every nature against the game and fresh water fish commission, 

the game and fresh water fish commission or its conservation officers. Such private preshall 

be examined by the said commission and, serve or farm shall be equipped and operated 

if found correct, shall be approved and de- in such manner as to provide sufficient food 

livered to the comptroller who shall issue a and humane treatment for the game kept 

warrant, drawn upon the state treasurer thereon. Game reared or produced on private 

against the state game trust fund, to pay the game preserves and farms shall be considered 

same. Payment of the salary of the executive domestic game and private property and may 

secretary and the expenses of the members of be sold or disposed of as such and shall be 

the commission shall be made upon the certifi- the subject of larceny. Live game may be 

cate of each as to the correctness thereof, when purchased, sold, shipped and transported for 

approved by a majority of the members of the propagation and restocking purposes only at 

1886


return to the board of county commissioners 

shall describe the property seized and give in 

detail the facts and circumstances under which 

the same was seized and state in full the reason 

why the seizing officer knew, or was led 

to believe, said property was being used for 

and in connection with a violation of the statutes 

and laws of this state prohibiting the 

illegal use of nets, traps or fishing devices. 

The said return shall contain the names of all 

persons, firms and corporations known to the 

seizing officer to be interested in the seized 

property. 

(2) When any illegally used property is 

seized by any officer pursuant to this law and 

delivered to the board of county commissioners 

as aforesaid, the board shall forthwith fix the 

approximate value thereof and make return 

thereof to the clerk of the circuit court as 

hereinafter provided. 

(3) The return of the board of county commissioners 

shall contain a schedule of the property 

seized, describing the same in reasonable 

detail and giving in detail the facts and circumstances 

under which it was seized and state 

in full the reason why the seizing officer knew 

or was led to believe that the property was 

being used for or in connection with a violation 

of the statutes and laws of this state prohibiting 

the illegal use of nets, traps, or fishing 

devices; and a statement of the names of 

all persons, firms and corporations known to 

be interested in the seized property and shaH 

attach to their said return as exhibit thereto, 

the return of the seizing officer to the board. 

(4) The board of county commissioners 

shall hold the said seized property pending its 

disposal by the court as hereinafter provided. 

BI.&ory.-§2. ch. &8-81. 

seizure and directing that all persons, firms 

or corporations owning, having or claiming an 

interest therein or lien thereon to file their 

claim to, on, or in said property within the · 

time fixed in said citation, as to persons, firms 

and corporations not personally served, and 

within twenty days from personal service of 

said citation, when personal service is had. 

(3) The said citation may be in, or substantially 

in, the following form: 

IN THE CIRCUIT COURT OF THE __ __________ _ 

JUDICIAL CIRCUIT, IN AND FOR ___________ __ _ 

COUNTY, FLORIDA. 

IN RE FORFEITURE OF THE FOLLOWING 

DESCRIBED PROPERTY: 

(here describe property) 

THE STATE OF FLORIDA TO: 

ALL PERSONS, FIRMS AND CORPORA 

TIONS OWNING, HAVING OR CLAIMING 

AN INTEREST IN OR LIEN ON THE 

ABOVE DESCRIBED PROPERTY 

YOU AND EACH OF YOU are hereby notified 

that the above described property has been 

seized, under and by virtue of chapter 372, 

as amended, and is now in the possession of 

the board of county commissioners of this county, 

and you, and each of you, are hereby further 

notified that a petition, under said chapter, 

has been filed in the circuit court of the _____ _____ _ 

Judicial Circuit, in and_ for ______ __________ __ County, 

Florida, seeking the forfeiture of the said property, 

and you are hereby directed and required 

to file your claim, if any you have, and show 

cause, on or before __ ___ ___________ __ , 19 ____ __ , if not 

personally served with process herein, and 

within twenty days from personal service if 

personally served with process herein, why the 

said property should not be forfeited pursuant 

to said chapter. Should you fail to file claim 

372.312 Forfeiture proceedings.- as herein directed judgment will be entered 

(1) The return of the board aforesaid to herein against you in due course. Persons not 

the clerk of the circuit court shaH be taken personally served with process may obtain a 

and considered as the state's petition or libel copy of the petition for forfeiture filed herein 

in rem for the forfeiture of the property there- from the undersigned clerk of court 

in described, of which the circuit court of the 

county shall have jurisdiction, without regard 

to value, under and by virtue of that provision 

WITNESS my hand and the seal of the above 

mentioned court, at -------_________ ___ , Florida, this 

________ __ ____ ___ 19 _______ . 

in §6(3), Art. V of the st ate constitution, under 

which the circuit courts may be given jurisdic- 

(COURT SEAL) 

--- __ _____ ______ ___ __________ ___________ ____________ ______ _ 

tion of "such other matters as the legislature 

may provide." The said ret urn shall be suffi- 

Clerk of the above mentioned court 

By __ ______ _____ _________ _______ ___ ___ ____________ ________ _ 

cient as said petition or libel notwithstanding 

the fact that it may contain no formal prayer 

or demand for forfeiture, it being the intention 

of the legislature that forfeiture may be decreed 

without a formal prayer or demand therefor. 

The said return shall be subject to amendment 

at any time before final hearing, provided 

that copies thereof shall be served upon all 

persons, firms or corporations who may have 

filed a claim prior to such amendment. 

(2) Upon the filing of said return the clerk 

of the circuit court shall issue a citation, directed 

to all persons, firms and corporations owning, 

having or claiming an interest in or lien 

upon the seized property, giving notice of the 

Deputy Clerk 

(4) Such citation shall be returnable, as to 

persons served constructively, as therein di 

rected, not less than twenty-one nor more than 

thirty days, from the posting or publication 

thereof, and as to those personally served with 

process within twenty days from service there 

of. A copy of the petition shall be served with 

the process when personally served. Personal 

service of process may be made in the same 

manner as a summons in chancery. 

(5) If the value of the property seized is 

shown by the board's return to have an ap 

praised value of four hundred dollars or less, 

the above citation shall be served by posting 

1888


at three public places in the county, one of 

which shall be the front door of the courthouse; 

if the value of the property is shown by 

the board's return to have an approximate value 

of more than four hundred dollars, the citation 

shall be published once a week for three 

consecutive weeks in some newspaper of general 

publication published in the county, if 

there be such a newspaper published in the 

county, and if not, then said notice of such 

publication shall be made by certificate of the 

clerk if publication is made by posting and by 

affidavit as provided in chapter 49, if made by 

publication in a newspaper, which affidavit or 

certificate shall be filed and become a part of 

the record in the cause. Failure of the record 

to show proof of such publication shall not 

affect any judgment made in the cause unless 

it shall affirmatively appear that no such publication 

was made. 

Blstor7.-f3, ch. 59-81. 

372.313 Delivery of property to claimant. 

Any person, firm or corporation filing a claim 

in the cause, which claim shall state fully his 

right, title, claim or interest, in and to the 

seized property, may, at any time after said 

claim is filed with the clerk of the court, obtain 

possession of the seized property by filing 

a petition therefor with the board of county 

commissioners and posting with said board, 

to be approved by it, a surety bond, payable 

to the governor of the state, in twice the 

amount of the value of the said property as 

fixed in the board's return to the clerk of the 

circuit court, with a corporate surety duly authorized 

to transact business in this state as 

surety, conditioned upon his paying to the 

board of county commissioners the value of the 

property together with costs of the proceeding, 

if judgment of forfeiture be entered by the 

court. Upon the posting of such bond with the 

board and the release of the property to the 

applicant the cause shall proceed to final judgment 

in the same manner, as it would have, 

had no such bond been filed, except that any 

exception to be issued in the cause pursuant 

to judgment may run against and be enforced 

against the person posting said bond and his 

surety. 

mltor7.-f4, ch. 59-81. 

372.314 Proceeding when no claim filed. 

When no claim is filed in the cause within the 

time required the clerk shall enter a default 

against all persons, firms and corporations owning, 

claiming or having an interest in and to 

the property seized and the cause may then 

proceed in the same manner as a common law 

cause after default, and final judgment shall 

be entered therein ex parte, except as may be 

herein otherwise provided. 

mltorf,-f4, ch. 59-81. 

372.315 Proceeding when claim filed.-When 

one or more claims are filed in the cause the 

cause shall be tried upon the issues made thereby 

with the petition for forfeiture with any af- 

1889 

firmative defenses being deemed denied without 

further pleading. Judgment by default 

shall be entered against all other persons, firms 

and corporations owning, claiming or having 

an interest in and to the property seized, after 

which the cause shall proceed as in other common 

law cases; except any claimant shall prove 

to the satisfaction of the court that he did not 

know or have any reason to believe, at the time 

his right, title, interest, or lien arose, that the 

property was being used for or in connection 

with the violation of any of the statut,cs or 

laws of this state prohibiting the illegal use 

of nets, traps or fishing devices, and further 

that at said time there was no reasonable reason 

to believe that the said property might 

be used for such purpose. Where the owner or 

user of the property has been convicted of a 

violation of the statutes and laws of this state 

prohibiting the illegal use of nets, traps or 

fishing devices, such conviction shall be prima 

facie evidence that each claimant had reason 

to believe that the property might be used 

for or in connection with a violation of such 

statutes and laws, and the burden of proof 

shall be upon each claimant to satisfy the court 

that he was without knowledge of such conviction, 

providing, however, the prima facie 

presumption of knowledge of a previous conviction 

of a violation of this law shall only 

apply to a subsequent proceeding involving the 

forfeiture of nets, traps or fishing devices, 

when owned by such previous offender and 

upon which a lien is held by the same lienee 

involved in the first claim proceedings. Trial 

of all such causes shall be without a jury, 

except in such cases as a trial by jury may be 

guaranteed by the state constitution and in 

such cases trial by jury shall be deemed waived 

unless demanded in the claim filed. 

Blstor7.-15, ch. 59-81. 

372.316 State attorney to represent state. 

Upon the filing of the board's return with the 

clerk of the circuit court the said clerk shall 

furnish the state attorney with a copy thereof 

and the said state attorney shall represent the 

state in the forfeiture proceeding. The department 

of legal affairs shall represent the state in 

all appeals from judgments of forfeiture to the 

supreme court. The state may appeal any judgment 

denying forfeiture in whole or in part 

or that may be otherwise adverse to the state. 

BI810ry.-§6, ch. 59-81; §§1l, 35, ch. 69-106. 

372.317 Judgment of forfeiture.-On final 

hearing the return of the board to the clerk of 

the circuit court shall be taken as prima facie 

evidence that the property seized was or had 

been used in, or in connection with, the violation 

of the statutes and laws of this state prohibiting 

the illegal use of nets, traps or fishing 

devices in this state and shall be sufficient 

predicate for a judgment of forfeiture in the 

absence of other proofs and evidence. The 

burden shall be upon the claimant to show that 

the property was not so used, if so used,


(3) Fishing license for residents of the 

state to take fresh water fish with pole and line. 

rod and reel, plug, bob, spinner, spoon, fly, 

troll, trotline, or other artificial bait or lure 

in the fresh waters of the state shall be two 

dollars and seventy-five cents. 

(4) (a) No license -shall be required for residents 

of the state fishing with not more than 

three poles or lines for noncommercial purposes 

in the county of his residence except on 

legally established fish management areas. 

(b) No license shall be required for any 

person fishing in a man made fish pond not to 

exceed twenty acres and located entirely within 

private property of the pond owner unless fish 

management services or fish stocking have been 

furnished for such pond by any public agency 

after the effective date of this act. 

(c) No license shall be required for any 

person fishing in a man made fish pond of more 

than twenty acres but less than one hundred 

fifty acres and located entirely within private 

property of the pond owner, even though fish 

management services or fish stocking have been 

furnished for the pond if the pond owner shall 

have paid an annual private fish pond license 

fee of three dollars per surface acre of pond, 

not to exceed three hundred dollars maximum 

for total acreage. 

(5) Hunting license for nonresidents, for 

the state at large, twenty-six dollars; provided, 

nonresidents, who are bona fide owners of not 

less than three thousand acres of land situate 

in anyone county, may obtain such license for 

the sum of eleven dollars for the privilege of 

hunting in the county where said lands are 

situated; provided, further, that said lands are 

not tax delinquent; this privilege of obtaining 

such license for eleven dollars shall likewise 

extend to the wife of said owner. 

(6) Hunting license for nonresidents, for 

ten consecutive days only, for the state at large, 

eleven dollars. 

(7) Hunting license for residents for the 

state at large, seven dollars. 

(8) Hunting license for residents for counties 

other than county of residence, four dollars 

per county. 

(9) Hunting license for residents for county 

of legal residence, one dollar and seventy-five 

cents. 

(10) No license shall be required of a resident 

to take game in the county of his residence, 

on his homestead or the homestead of his spouse 

or minor child, or minor children, to take game 

on the homestead of their parents. 

(11) License for nonresidents to take furbearing 

animals in the state at large, one hundred 

dollars. 

(12) License for nonresidents to take furbearing 

animals in one or more counties, twenty-five 

dollars for each county in which taken. 

(13) License for residents to take fur-bearing 

animals in the state at large, twenty-five 

dollars. Provided, however, that residents or 

1891 

nonresidents taking fur-bearing animals by 

guns or by dogs only, and not by the use of traps 

or other devices, and not for commercial purposes, 

who shall have paid the license fees provided 

for hunting and taking game, shall not be 

required to pay the license fees provided for 

taking fur-bearing animals. 


animals in one or more counties, other than 

the county of their residence, ten dollars for 

each county in which taken. 


animals in the county of their legal residence, 

three dollars. 

(16) Special hunting license for hunting 

in private hunting preserves for residents or 

nonresidents, five dollars provided that any 

person may hunt on a private hunting preserve 

with any valid resident or nonresident license. 

(17) (a) The aforesaid licenses for the 

state may be issued by any county judge in the 

state; all other licenses must be issued by the 

county judge of the county wherein the license 

is to be effective or used. The official seal of 

the county judge issuing the license shall be 

affixed thereto. To cover the cost of issuing 

the license the county judge issuing the same 

shall collect and retain as his costs, in addition 

to the license fee above mentioned, the sum 

of twenty-five cents for each license costing 

three dollars or less and fifty cents for each 

license costing more than three dollars. 

(b) Aliens, or persons not citizens of the 

United States, must obtain special licenses before 

hunting or fishing in this state as follows: 

1. To take fish in the state at large, the 

fee and license for which shall be the same 

as that charged nonresidents for fishing licenses. 

These licenses shall be issued by the 

county judges. 

2. To take wild game or birds in the state 

at large, the fee for which shall be fifty dollars. 

These licenses shall be issued by the game and 

fresh water fish commission. 

(c) Paragraph (b) shall not apply to aliens 

who are bona fide residents of the state and 

who hold a valid alien registration receipt 

card as provided by the United States immigration 

laws. Such resident aliens may obtain 

licenses under this section as though they were 

citizen residents, provided such resident alien 

meets the residence requirements for citizen 

residents. 

(18) Any person fishing in a fish management 

area as defined in §372.001 (24), shall be 

required to purchase only a regular fishing 

license as provided in §372.57 (3). 

Hlator;r.-IU6. 19-21. ch. 13644. 1929; U. ch. 17016. 1936; 

11. ch. 17018. 1936; CGL 1936 Supp. 1977(16). (19)-(21); 11. 

ch. 19509. 1939; i1. ch. 20886. 1941; am. i1. ch. 23087. 1945; 

(1) i1. ch. 26943. (2) i1. ch. 26944. 1951; (2) 11. ch. 29672. 

1955; (16) §I. ch. 57-185; (16) n . *2. ch. 59-73; (1). (2) 

§I. ch. 61-366; (17) (a) fl. ch. 61-392; (3). (4). (18) n. §2 

ch. 63-30; U. ch. 65-373 ; §I. ch. 69-40. 

372.571 Expiration of licenses.-Each license 

issued under this chapter shall be dated


Commission of the state is authorized to issue 

permits to persons to hunt with bow and arrow 

provided that such persons have a license 

to hunt as provided by §372.57, provided the 

total hunting and archery license fees shall 

not exceed five dollars plus the regular hunting 

license fee which will be the total cost. 

818tory.-§1. ch. 67-200. 

372.58 False statement in application for 

license.-Any person who shall swear or affirm 

to any false statement in any application 

for license provided by this chapter, shall be 

guilty of violation of this chapter, and upon 

conviction thereof, shall be subject to the penalty 

provided by §372.71, and any false statement 

contained in any application for such 

license shall render the license null and void. 

H18tory.-§16. ch. 13644, 1929; CGL 1936 Supp. 1977(16). 

372.581 Entering false information on licenses.-Whoever 

knowingly and willfully enters 

false information on, or allows or causes 

false information to be entered on or shown 

upon any license 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 by this chapter. 

8i8tory.-§1. ch. 65-159. 

372.59 License not transferable.-N 0 person 

shall alter or change in any manner, or 

loan or transfer to another, any license issued 

pursuant to the provisions of this chapter, nor 

shall any other person, other than the person 

to whom it is issued, use the same. 

HI8tory.-§17, ch. 13644, 1929; CGL 1936 Supp. 1977(17). 

372.60 Issuing of duplicate license. - The 

game and fresh water fish commission shall 

furnish to each county judge a form for issuing 

of duplicate license. Application for such 

duplicate license shall be made under oath, 

stating that the licensee has lost or destroyed his 

original license. Such application shall be made 

to the county judge from whom original license 

was purchased and a fee of twenty-five cents 

shall be collected by county judge issuing such 

duplicate license. This fee shall cover both 

the taking of application and the issuing of 

license. 

HI8tory.-§18, ch. 13644. 1929; CGL 1936 Supp. 1977(18). 

372.61 Reports and remittances of county 

judges.-The license fees and other fees provided 

to be paid under this chapter shall be 

remitted by the several county judges by the 

tenth of each month to the game and fresh 

water fish commission, and each county judge 

shall retain his fee for issuing said licenses. 

The game and fresh water fish commission 

shall keep an accurate and up-to-date record 

of all licenses consigned to the various county 

judges, giving credit to each account upon 

receipt of the monthly report of licenses sold 

or voided, and at the proper time close and 

balance the seasonal accounts. The judge's report 

shall be a schedule setting forth the total 

1893 

number of licenses sold, the total number of 

licenses voided, and the net amount of the 

report. Forms for making these reports are 

to be furnished by the game and fresh water 

fish commission. The various county judges 

will retain a file of copies of licenses sold to 

aid in issuing duplicates. 

818tory.-§14, ch. 13644, 1929; COL 1936 Supp. 1977(14); 

§1, ch. 26930, 1951. 

372.62 Guide license and regulations.-No 

person shall engage in the business of guiding 

hunters or hunting parties until he has secured 

a license to do so from the game and 

fresh water fish commission. Application for 

guide license shall be made to the said commission 

upon blanks furnished by it. The cost 

of guide license shall be ten dollars per open 

season, which license shall permit the holder 

to guide or act as guide for hunters or for 

hunting parties in the state. An applicant for 

guide license on making application must state 

his name, age, address, physical description, 

and qualifications to act as guide. No guide 

while acting as guide to hunters or hunting 

parties shall take any game or carry shotgun 

or rifle. When a guide is found guilty of violating 

any provisions of the laws of this stll.te 

relative to game, birds, fresh water fish or furbearing 

animals, his license shall be revoked. 

Hl8tnr·y -§65, ch. 13&44. 1929; CGL 1936 SuPP. 1977(65). 

372.63 License for boats rented for hunting 

and fishing.-Any person who engages in the 

business of renting boats for hunting in the 

waters of the state, or fishing in the fresh waters 

of the state, shall pay an annual license fee on 

each boat operated, as follows: 

(1) Boatg under eighteen feet long, one 

dollar fifty cents; 

(2) Boats eighteen to twenty-one feet long, 

four dollars; 

(3) Boats twenty-one to twenty-five feet 

long, fifteen dollars; 

(4) Boats over twenty-five feet long, twentyfive 

dollars. 

Application for such license shall be made to 

the game and fresh water fish commission upon 

application blanks furnished by him. The state 

game commission shall furnish to owners of 

boats so licensed a metal tag showing number 

of year license is good for, which tag shall be 

attached to the boat for convenient inspection. 

Any subterfuge to circumvent or evade the requirements 

of this section shall be deemed & 

violation hereof and shall be punishable as a 

violation hereof. 

Hlatory.-§62. ch. 13644. 1929; CGL 1936 Supp. 1977(82); 

f l. ch. 20880, 1941 ; 17. ch. 22858, 1945. 

372.64 Commercial fishing boat licenses. 

(1) All vessels as defined in chapter 371, 

used for taking fresh water fish commercially 

shall be licensed. The owners or persons operating 

commercial boats or vessels shall make 

application to the game and fresh water fish 

commission for a license, on application blanks 

furnished by it. The charge for such license


shall be made according to the following 

schedule: 

(2) Commercial boats under sixteen feet 

long and under four feet beam, one dollar and 

five cents; boats over sixteen feet long and 

over four feet beam, twenty cents for each additional 

foot or fraction thereof of length or 

beam. 

(3) A certificate of registration and a boat 

number as required in chapter 371, shall 

be issued with each license sold under this 

section. 

(4) An additional license tax of twenty-five 

dollars shall be required of all aliens or nonresidents 

of the state on all boats, vessels, 

schooners or launches used for commercial purposes 

and owned in whole or in part by such 

alien or nonresident in addition to the boat 

license tax required by this section. 

HI.tor;y.-U32, 38, ch. 18644, 1929; CGL 1986 Supp. 

1877(32). 1977(33); 12, ch. 59-399. 

372.65 Fresh water fish dealer's license. 

No person shall engage in the business of 

wholesale or retail fresh-water fish dealer until 

such person has taken out a license to carry 

on such business, as provided for in this chapter. 

A wholesale dealer shall be considered 

one who sells or ships fish by the barrel or 

half barrel, or in bulk, and shall be required 

to pay a license fee of fifty dollars per annum. 

A retail dealer shall be considered anyone who 

sells fish or supplies in any manner direct 

to the consumer or wholesale dealer, and shall 

pay a license fee of five dollars per annum: 

a nonresident wholesale dealer shall be required 

to pay a license fee of five hundred dollars per 

annum, a non-resident or alien retail dealer 

shall be required to pay a license fee of fifty 

dollars per annum. Application shall be made 

to the game and fresh water fish commission 

for the licenses set forth in this section and 

§372.66, on blank forms to be supplied by it, 

and such license shall be dated and issued only 

for the open season and all moneys derived 

from this source shall be deposited in the state 

treasury to the credit of the state game trust 

fund. This does not apply to dealers operating 

exclusively in salt water territory. 

Hlstory.-§31, ch. 13644, 1929; COL 1936 Supp. 1977(31) ; 12, 

ch. 61-119. 

372.66 License required for fur and hide 

dealers.- 

(1) It is unlawful for any person to engage 

in the business of a dealer or buyer in 

alligator skins or green or dried furs in the 

state or purchase such skins within the state 

until such person has been licensed as herein 

provided. 

(2) Any resident dealer or buyer who so 

buyer employed by or buying for such licensed 

state dealer. 

(3) Any resident dealer or buyer who does 

not solicit by mail, advertise, travel to buy or 

employ or have agents or traveling buyers 

shall be deemed a resident local dealer and 

shall be required to pay a license fee of ten 

dollars per annum. 

(4) A nonresident dealer or buyer shall be 

required to pay a license fee of five hundred 

dollars per annum and shall pay a license fee 

of one hundred dollars per annum for each 

agent, resident buyer or traveling buyer employed 

by or buying for or acting as agent for 

such nonresident buyer. 

(5) All agents' licenses shall be applied for 

by, and issued to, a resident state dealer or 

nonresident dealer and shall show name and 

residence of such agent and shall be in possession 

of such agent at all times when engaged in 

buying furs or hides. Application for such 

licenses shall be made to the game and fresh 

water fish commission on blanks furnished by 

it. 

(6) All dealers and buyers shall forward to 

the game and fresh water fish commission each 

two weeks during open season a report showing 

number and kind of hides bought and 

name of trapper from whom bought and his 

license number, or if trapper is exempt from 

license under any of the provisions of this 

chapter, such report shall show the nature 

of such exemption. No common carrier shall 

knowingly ship or transport or receive for 

transportation any hides or furs unless such 

shipments have marked thereon name of 

shipper and the number of his fur-animal 

license or fur dealer's license. 

Hlstor;y.-§61, ch. 13644, 1929; CGL 1936 Supp. 1977(61). 

372.661 Private hunting preserve, license; 

exception.-Any person who operates a private 

hunting preserve commercially or otherwise 

shall be required to pay a license fee of twentyfive 

dollars for each such preserve; provided, 

however, that during the open season established 

for wild game of any species a private 

individual may take artificially propagated 

game of such species up to the bag limit prescribed 

for the particular species without being 

required to pay the license fee required 

by this section; provided further that if any 

such individual shall charge a fee for taking 

such game he shall be required to pay the license 

fee required by this section and to comply 

with the rules and regulations of the game 

and fresh water fish commission relative to 

the operation of private hunting preserves. 

Hlstory.-§3, ch. 69-73. 

licits business through the mails, or by adver- 372.662 Unlawful sale, possession or transtising, 

or who travels to buy or employs or has porting of alligators or alligator skins.-Whenother 

agents or buyers, shall be deemed a resi- ever the sale, possession or transporting of allident 

state dealer and shall be required to pay gators or alligator skins is prohibited by any 

a license fee of one hundred dollars per annum law of this state, or by the rules, regulations or 

and shall pay an agent's license fee of five orders of the game and fresh water fish commisdollars 

per annum for each agent or traveling sion adopted pursuant to §9, Art. IV of the state 

1894


constitution, the sale, possession or transporting 

of alligators or alligator skins shall be 

punishable by a fine not exceeding $1,000.00 

or imprisonment in the county jail not exceeding 

1 year. 

Hlstory.-§l, ch. 65-160; §7, ch . 69-216. 

372.665 Word alligator, etc., not to be used 

in certain sales.-It is unlawful for any person 

to use the word "gator" or "alligator" in connection 

with the sale of any product derived 

or made from the skins of other crocodilia or 

in connection with the sale of other crocodilia. 

Any person violating this section shall, upon 

conviction, be guilty of a misdemeanor. 

History.- §l , c h. 69-312. 

372.67 Hunters and trappers required to 

make report.-To each application for license 

to take game or fur-bearing animals, shall be 

attached a stub listing the various species of 

game and fur-bearing animals and the applicant 

shall state thereon the number of such 

game and fur-bearing animals as were taken 

by him within the state in the season next 

preceding that for which license is applied for. 

Persons failing to make such statement shall 

be denied license applied for until they have 

complied with this provision. 

Hlstory.-§64, ch. 13644, 1929; COL 1936 SuPp. 1977(64). 

372.68 Fresh water fish dealers to report. 

-All dealers in fresh-water fish shall, at the 

end of each month, report to the game and 

fresh water fish commission the amount of the 

different kinds of fresh-water fish that they 

have sold during the past month. Failure to 

make such report shall cause such dealer to 

be denied license for ensuing year. 

Hlstory.-§63, ch. 13644, 1929; COL 1936 Supp. 1977(63). 

372.69 Game and fresh water fish commission 

to furnish forms.-The blank forms and 

other printed matter necessary to carry out 

the provisions of this chapter shall be furnished 

by the game and fresh water fish commission, 

which is required to make up forms of 

licenses or other blanks necessary, the same to 

be uniform throughout the state, and to furnish 

the same to the county judges of the 

several counties and authorized agents. The 

said license shall contain on the back thereof 

a synopsis of the game trapping or fresh water 

fishing laws of the state. All licenses shall be 

consecutively numbered. 


fresh water fish commission; recognizance; 

cash bond; citation.- 

(1) In all cases of arrest by officers of the 

game and fresh water fish commission and the 

department of natural resources the person arrested 

shall be delivered forthwith by said officer 

to the sheriff of the county, or shall obtain 

from such person arrested a recognizance or, if 

deemed necessary, a cash bond or other sufficient 

security conditioned for his appearance 

before the proper tribunal of such county to 

answer the charge for which he has been arrested. 

(2) All officers of the commission and 

the department are hereby directed to deliver 

all bonds accepted and approved by them to 

the sheriff of the county in which the offense is 

alleged to have been committed. 

(3) Any person so arrested and released on 

his own recognizance by an officer and who 

shall fail to appear or respond to the proper 

citation to appear, shall, in addition to the 

charge relating to wildlife or fresh water fish, 

be charged with that offense of failing to respond 

to such citation and, upon conviction, be 

punished as for a misdemeanor. A written warning 

to this effect shall be given at the time of 

arrest of such person. 

Hlstory.-I1, ch. 65-229 ; §125 , 35, ch. 69-106. 

372.71 Fines and penalties; forfeiture of 

Iicense.-Any person violating the provisions 

of this chapter, shall, upon conviction, unless 

otherwise provided, be fined for the first offense 

not less than ten dollars nor more than 

three hundred dollars, or imprisoned not to 

exceed ninety days, and for a second or subsequent 

offense shall be fined not less than 

twenty-five dollars nor more than five hundred 

dollars or imprisoned ·not more than six 

months. Any person convicted as aforesaid 

shall forfeit any license or permit that may 

have been issued to him under the provisions 

of this chapter and shall forthwith surrender 

the same to the court. If such violation occurs 

in the open season no license or permit shall 

be issued under the provisions of this chapter 

to such person at any time during the remainder 

of such open season, or if such violation 

occurs during the closed season no license 

shall be issued to such person for the 

open season next following. 

Hlstory.-§70, ch. 13644, 1929; COL 1936 Supp. 1977(70); 

8092(1) . 

ct.-§7711.06 Alternative punishment. 

372.70 Prosecutions.-The prosecuting officers 

of the several courts of criminal jurisdiction 

of this state shall investigate and prosecute 

all violations of the laws relating to 

game, fresh-water fish, non-game birds and 

fur-bearing animals which may be brought to 

their attention by the game and fresh water 

fish commission or its conservation officers, or 

which may otherwise come to their knowledge. 


372.72 Disposition of fines, penalties and 

forfeitures.-All moneys collected from fines, 

penalties or forfeitures under this chapter 

shall go into the fine and forfeiture fund of 

the county where such convictions are had. 

The game and fresh water fish commission 

and its conservation officers shall be aHowed 

for making arrests the same fees as sheriffs, 

and the same mileage for conveying prisoners, 

the same to be taxed as costs in the cause, in 

372.701 Arrest by officers of the game and case of conviction, and paid in the like man- 

1895


ner as the compensation of sheriffs, but no 

fees or mileage shaH be allowed in case of 

acquittal. All mileage and other fees received 

by the game and fresh water fish commission, 

or any of its conservation officers under this 

section, shall be deposited in the state treasury 

to the credit of the state game trust fund. 

HlstorY.-112, ch. 13644, 1929; COL 1936 Supp. 1977(12); 

§2. ch. 61-119. 

cr.-Ch. 939 Costs. 

372.73 Confiscation and disposition of illegally 

taken game, etc.-All game and fresh 

water fish seized under the authority of this 

chapter shall, upon conviction of the offender 

or sooner if the court so orders, be forfeited 

and given to some hospital or charitable institution 

and receipt therefor sent to the commission 

of game and fresh water fish. All furs 

or hides or fur-bearing animals seized under 

the authority of this chapter shall, upon conviction 

of the offender, be forfeited and sent 

to the said commission, which shall sell the 

same and deposit the proceeds of such sale to 

the credit of the state game trust fund. If any 

such hides or furs are seized and the offender is 

unknown, the court shall order such hides or 

furs sent to the game and fresh water fish 

commission, which shall sell such hides and 

furs and deposit the proceeds of such sale to 

the credit of the state game trust fund. 

History -166, ch. 13644. 1929 ; COL 1936 SuPP. 1977 (66) ; 

§2. ch. 61-119. 

372.74 Co-operative agreements with U. S. 

forest service; penalty.-The game and fresh 

water fish commission is authorized and empowered: 

(1) To enter into co-operative agreements 

with the United States forest service for the 

development of game, bird, fish, reptile or furbearing 

animal management and demonstration 

projects on and in the Osceola national 

forest in Columbia and Baker counties, and in 

the Ocala national forest in Marion, Lake and 

Putnam counties and in the Apalachicola national 

forest in Liberty county. Provided, however, 

that no such co-operative agreement shall 

become effective in any county concerned until 

confirmed by the board of county commissioners 

of such county expressed through aopropriate 

resolution. 

(2) In cooperation with the United States 

forest service, to make, adopt, promulgate. 

amend and repeal rules and regulations, consistent 

with law, for the further or better control 

of hunting, fishing, and control of wild life 

in the above national forests or parts thereof: 

to shorten seasons and reduce bag limits, or 

shorten or close seasons on any species of game, 

bird, fish, reptile, or fur-bearing animal within 

the limits prescribed by the Florida law, in the 

above enumerated national forests or parts 

not to exceed two dollars for persons under the 

age of eighteen years, over and above the license 

fee for hunting now required by law. This additional 

fee is to apply only on areas covered 

by above co-operative agreements. The proceeds 

from this additional license fee shall be 

used in the development, propagation of wild 

life and protection of the areas covered by 

the co-operative agreements as the commission 

and the United States forest service may deem 

proper. Nothing in this section shall be construed 

as authorizing the commission to change 

any penalty prescribed by law or to change 

the amount. of general license fees or the general 

authority conferred by licenses prescribed by 

law. 

(4) Notice of the making, adoption and 

promulgation of the above rules and regulations 

shall be given by posting said notices, or copies 

of the rules and regulations, in the offices of . 

the county judges and in the post offices within 

the area to be affected and within ten miles 

thereof. In addition to the posting of said 

notices, as aforesaid, copies of said notices or 

of said rules and regulations shall also be published 

in newspapers published at the county 

seats of Baker, Columbia, Marion, Lake, Putnam 

and Liberty counties, or so many thereof as 

have newspapers, once not more than thirtyfive 

nor less than twenty-eight days and once 

not more than twenty-one nor less than fourteen 

days prior to the opening of the state hunting 

season in said areas. Any person violating any 

rules or regulations promulgated by the commission 

to cover these areas under co-operative 

agreements between the state commission of 

game and fresh water fish and the United States 

forest service, none of which shall be in conflict 

with the laws of Florida, shall be guilty of a 

misdemeanor, and upon conviction thereof shall 

be punished by a fine of not less than ten dollars, 

nor more than three hundred dollars, or 

imprisonment not to exceed ninety days. 

HI8tor,..-§§1-4, 7, 8, ch. 17939. 1937; CGL 1940 Supp. 

1977(117), 8135(9-a); 11, ch. 23090. 1945. 

ct.-t7711.06 Alternative punishment. 

372.75 Use of explosives and other 8ubstances 

prohibited.-N 0 person may throw or 

place, or cause to be thrown or placed, any 

dynamite, lyddite, gunpowder, cannon cracker, 

acids, filtration discharge, debris from mines, 

Indian berries, sawdust, green walnuts, walnut 

leaves, creosote, oil, or other explosives or 

deleterious substance or force into the fresh 

waters of this state whereby fish therein are 

or may be injured. Nothing in this section may 

be construed as preventing the release of water 

slightly discolored by mining operations or 

water escaping from such operations as the 

result of providential causes. 

HI8tor,..-I29, ch. 13644. 1929; CGL 1936 Supp. 1977(29). 

thereof, when it shall find after investigation 372.76 Search and seizure authorized and 

that such action is necessary to assure the main- limited.-The game and fresh water fish comtenance 

of an adequate supply of wild life. mission and its conservation officers shall have 

(3) To fix a charge not to exceed five dollars, authority when they have reasonable and probfor 

persons eighteen years of age and over, and able cause to believe that the provisions of 

1896


this chapter have been violated, to board any 

vessel, boat or vehicle or to enter any fishhouse 

or warehouse or other building, exclusive 

of residence, in which game, hides, 

fur-bearing animals, fish or fish nets are kept 

and to search for and seize any such game, 

hides, fur-bearing animals, fish or fish nets 

had or held therein in violation of law. Provided, 

however, that no search without warrant 

shall be made under any of the provisions 

of this chapter, unless the officer making such 

search has such information from a reliable 

source as would lead a prudent and cautious 

man to believe that some provision of this 

chapter is being violated. 

Hlstory.-§30. ch. 13644. 1929; CGL 1936 Supp. 1977(30). 

372.77 Assent to provisions of act of congress 

of September 2, 1937.- 

(1) The state hereby assents to the provisions 

of the act of congress entitled "An 

Act to provide that the United States shall aid 

the States in Wildlife Restoration Projects, and 

for other purposes," approved September 2, 1937 

(Public No. 415, 75th Congress), and the game 

and fresh water fish commission is hereby 

authorized, empowered, and directed to perform 

such acts as may be necessary to the conduct and 

establishment of cooperative wildlife restoration 

projects, as defined in said act of congress, in 

compliance with said act and rules and regulations 

promulgated by the secretary of agriculture 

thereunder. 

(2) From and after the passage of this section 

it shall be unlawful to divert any funds accruing 

to the state from license fees paid by hunters 

for any purpose other than the administration 

of the game and fresh water fish commission 

of the state. 

HI8tory.-§§1, 2, ch. 20223. 1941. 

372.771 Federal conservation of fish and 

wildlife; limited jurisdiction.- 

(1) Consent of the state of Florida is hereby 

given, to the United States for acquisition 

of lands, waters, or lands and waters or interests 

therein, for the purpose of managing, 

protecting and propagating fish and wildlife 

and for other conservation uses in the state, 

providing prior notice has been given by the 

federal government to the board of trustees of 

the internal improvement trust fund, the board 

of county commissioners of the county where 

the lands proposed for purchase are located, of 

such proposed action stating the specific use 

to be made of and the specific location and 

description of such lands desired by the federal 

government for any such conservation use, and 

that such plans for acquisition and use of said 

lands be approved by the board of trustees of 

the internal improvement trust fund, the board 

of county commissioners of the county where 

the lands proposed for purchase are located; 

provided further that nothing herein contained 

shall be construed to give the consent of the 

state of Florida to the acquisition by the United 

States of lands, waters, or lands and waters, or 

interests therein, through exercise of the power 

1897 

of eminent domain; provided further that the 

provisions of this act shall not apply to lands 

owned by the several counties or by public 

corporations. 

(2) The United States may exercise concurrent 

jurisdiction over lands so acquired and 

carry out the intent and purpose of the authority 

except that the existing laws of Florida 

relating to the department of natural resources 

or the game and fresh water fish commission 

shall prevail relating to any area under 

their supervision. 

History.-§§l , 2, ch. 61-242; 12, ch. 61-119 ; §§ 25, 27, 35, ch. 

69-106. 

372.83 Penalties for violation of rules, regulations 

and orders relating to game and fresh 

water fish. - Any person violating any rule, 

regulation or order of the game and fresh 

water fish commission adopted pursuant to 

§9, Art. IV of the constitution of this state 

and this chapter shall be guilty of a misdemeanor. 

Hlstory.- §6, ch. 21945, 1943; §1, ch. 23750, 1947; §11, ch. 

25035, 1949; §9, ch. 26766, 1951 ; 17, ch. 69-216. 

372.84 Forfeiture of licenses, permits, etc. 

Any person convicted as aforesaid shall forfeit 

to the state any license or permit that may 

have been issued to him under the provisions 

of this law, or other law of this state relating 

to game shall forthwith surrender the 

same to the court. If such violation occurs in 

the open season, relating to game, no license or 

permit shall be issued under the provisions of 

this law to such person at any time during the 

remainder of such open season, or if such violation 

occurs during the closed season no license 

shall be issued to such person for the open season 

on game next following. 

HI8tory.-§7, ch. 21946, 1943. 

372.85 Contaminating fresh waters.- 

(1) It shall be unlawful for any person or 

persons, firm or corporation to cause any dyestuff, 

coal tar, oil, sawdust, poison or deleterious 

substances to be thrown, run or drained 

into any of the fresh running waters of this 

state in quantities sufficient to injure, stupefy, 

or kill fish which may inhabit the same at or 

below the point where any such substances are 

discharged, or caused to flow or be thrown into 

such waters; provided, that it shall not be a violation 

of this section for any person, firm or 

corporation engaged in any mining industry 

to cause any water handled or used in any branch 

of such industry to be discharged on the surface 

of land where such industry or branch thereof 

is being carried on under such precautionary 

measures as shall be approved by the game and 

fresh water fish commission. 

(2) Any person, firm or corporation violating 

any of the provisions of this section shall be 

deemed guilty of a misdemeanor and upon conviction 

shall be fined for the first offense not less than 

one hundred dollars or more than three hundred 

dollars, or imprisonment nut to exceed ninety 

days, or be both fined and imprisoned in the dis-


cretion of the court, and for the second or subsequent 

offense shall be fined not less than two 

hundred dollars or more than five hundred dollars, 

or imprisoned not more than six months. 

HIBtorll'.-§§1, 2, ch. 22009, 1943. 

cf.-Uo88.01-683.06 Waste from mlneB eBcaping Into waten 

of the Btate. 

372.86 Possessing, exhibiting poisonous or 

venomous reptile; license required.-No person, 

firm or corporation shall keep, possess or exhibit 

any poisonous or venomous reptile without 

first having obtained a special permit or 

license therefor from the Florida game and 

fresh water fish commission as herein provided. 

Bistory.-§!, ch. 28263, 1953. 

372.87 License fee; renewal, revocation. 

The Florida game and fresh water fish commission 

is hereby authorized and empowered 

to issue a license or permit for the keeping, 

possessing or exhibiting of poisonous 

or venomous reptiles, upon payment of an annual 

fee of five dollars and upon assurance 

that all of the provisions of §§372.86-372.91 

and such other reasonable rules and regulations 

as said commission may prescribe will be fully 

complied with in all respects. Such permit 

may be revoked by the Florida game and fresh 

water fish commission upon violation of any 

of the provisions of § § 372.86-372.91 or upon 

violation of any of the rules and regulations 

prescribed by said commission relating to the 

keeping, possessing and exhibiting of any poisonous 

and venomous reptiles. Such permits 

or licenses shall be for an annual period to be 

prescribed by the said commission and shall 

be renewable from year to year upon the payment 

of said five dollars fee and shall be subject 

to the same conditions, limitations and 

restrictions as herein set forth. 

BlotorY.-12. ch. 28263. 1953. 

372.88 Bond required, amount.-No person, 

party, firm or corporation shall exhibit 

to the public either with or without charge, 

or admission fee any poisonous or venomous 

reptile without having first posted a good and 

sufficient bond in writing in the penal sum 

of one thousand dollars payable to the governor 

of the state, and his successors in office, 

conditioned that such exhibitor will indemnify 

and save harmless all persons from injury or 

damage from such poisonous or venomous reptiles 

so exhibited and shall fully comply with all 

laws of the state and all rules and regulations 

of the Florida game and fresh water fish commission 

governing the keeping, possessing or 

exhibiting of poisonous or venomous reptiles; 

provided, however, that the aggregate liability 

of the surety for all such injuries or damages 

shall, in no event, exceed the penal sum of said 

bond. The surety for said bond must be a surety 

company authorized to do business under the 

laws of the state or in lieu of such a surety, 

cash in the sum of one thousand dollars may 

be posted with the said commission to insure 

1898 

compliance with the conditions of said bond. 

Blotory.-f3, ch. 28263, 1953. 

372.89 Safe housing required. - All persons, 

firms, or corporations licensed under 

this law to keep, possess or exhibit poisonous 

or venomous reptiles shall provide safe, secure 

and proper housing for said reptiles in cases, 

cages, pits or enclosures. It shall be unlawful 

for any person, firm or corporation, whether 

licensed hereunder or not, to keep, possess or 

exhibit any poisonous or venomous reptiles in 

any manner not approved as safe, secure and 

proper by the Florida game and fresh water 

fish commission. 

Dlltory.-14, ch. 28263, 1953; f1, ch. 57-415. 

372.90 Transportation.-Poisonous or venomous 

reptiles may be transported only in 

the following fashion: The reptile, or reptiles 

shall be placed in a stout closely woven cloth 

sack, tied or otherwise secured. This sack shall 

then be placed in a box. The box shall be of 

strong material in solid sheets, except for small 

air holes, which holes shall be screened. Boxes 

containing poisonous or venomous snakes or 

other reptiles shall be prominently labeled 

"Danger-Poisonous Snakes" or "Danger 

Poisonous Reptiles." 

mltory.-f5, ch. 28263, 1953; f1, ch. 57-415 

372.901 Inspection. - Poisonous or venomous 

reptiles, held in captivity, shall be subject 

to inspection by an inspecting officer 

from the Florida game and fresh water fish 

commission. The inspecting officer shall determine 

whether the said reptiles are securely, 

properly and safely penned. In the event that 

the reptiles are not safely penned, the inspecting 

officer shall report the situation in writing 

to the person or firm owning the said reptiles. 

Failure of the owner or exhibitor to correct 

the situation within thirty days after such written 

notice shall be grounds for revocation of 

the license or permit of said owner or exhibitor. 

Blstory _-12, ch. 57-415. 

372.91 Opening cages, etc., housing poIsonous 

or venomous reptiles.-No person except the 

licensee or his authorized employee shall open 

any cage, pit or other container which contains 

poisonous or venomous reptiles. 

BlstorY.-17, ch. 28263, 1953. 

372.911 Penalty.-Any person violating any 

provision of this chapter shall be guilty of a 

misdemeanor and subjecf to the punishment 

as provided by law. The game and fresh water 

fish commission is authorized to offer rewards 

of up to five hundred dollars to any person 

furnishing information leading to the arrest 

and conviction of any person who has inflicted 

or attempted to inflict bodily injury upon any 

wildlife officer engaged in the enforcement of 

the provisions of this chapter or the rules and 

regulations of the game and fresh water fish 

commission. 

Dldory.-§2, ch. 57-415; 11. ch. 118-352.


372.92 Rules and regulations.-The Florida 

game and fresh water fish commission may 

prescribe such other rules and regulations as 

it may deem necessary to prevent the escape 

of poisonous and venomous reptiles, either in 

connection of construction of such cages or 

otherwise to carry out the intent of § § 372.86- 

372.91. 

Hlstory.-§6, ch. 28263, 1953. 

372.921 Exhibition of wildlife.- 

(1 ) In order to provide humane treatment 

and sanitary surroundings for wild animals 

kept in captivity no person, firm, corporation 

or association shall have or be in possession 

of, in captivity for the purpose of public display 

with or without charge or for public sale 

any wildlife, specifically birds, mammals and 

reptiles, whether indigenous to Florida or not, 

without having first secured a permit from the 

Game and Fresh Water Fish Commission authorizing 

such person, firm or corporation to 

have in its or their possession in captivity the 

species and number of wildlife specified within 

such permit; provided that this section shall 

not apply to any wildlife not protected by law 

and the regulations of the Game and Fresh 

Water Fish Commission. 

(2) There is created a Wildlife Exhibitors 

Criteria Committee which shall consist of the 

Director of the Game and Fresh Water Fish 

Commission, the director of the division of 

health of the department of health and rehabilitative 

services, the President of the 

Florida Attraction Association or representatives 

designated by them, and a recognized 

zookeeper employed in the State of Florida. 

This committee shall develop and approve 

standards for the care and treatment of captive 

wildlife and shall review all cases of 

violation of the provisions of this section which 

might lead to the confiscation of said wildlife. 

(3) The fees to be paid for the issuance of 

permits required by subsection (1) of this section 

shall be as follows: 

(a ) For not more than ten individual specimens 

in the aggregate of all species, the sum 

of five dollars per annum. 

(b) For over ten individual specimens in 

the aggregate of all species, the sum of twentyfive 

dollars per annum. Provided, however, 

that permits for not more than three individual 

specimens in the aggregate of all species 

of wildlife kept for noncommercial personal 

reasons may be issued without charge. 

(c) Fees prescribed by this section shall 

be submitted to the Game and Fresh Water 

Fish Commission with application for permit 

required by subsection (1) and deposited in 

the state game fund. 

(4) Applicants for permits shall be required 

to include in their application a statement 

showing the place, number and species of 

wildlife to be held in captivity by them, and 

shall be required upon request of the Game 

and Fresh Water Fish Commission to show 

when, where and in what manner they came 

1899 

into possession of any wildlife, acquired subsequent 

to the effective date of this act. The 

source of acquisition of such wildlife shall not 

be divulged by the commission except in connection 

with a violation of this section or a 

regulation of the commission in which information 

as to source of wildlife is required as 

evidence in the prosecution of such violation. 

(5) Permits issued pursuant to this section 

and places where wildlife is kept or held in 

captivity shall be subject to inspection by officers 

of the Game and Fresh Water Fish Commission 

at all times. The commission shall have 

the power to release or confiscate any specimens 

of any wildlife, specifically birds, mammals 

or reptiles whether indigenous to the state 

or not, when it is found that conditions under 

which they are being confined are unsanitary, 

or unsafe to the public in any manner, or that 

the species of wildlife are being maltreated, 

mistreated or neglected or kept in any manner 

contrary to the provisions of chapter 828, 

said permit to the contrary notwithstanding. 

Before any said wildlife is confiscated or released 

under the authority of this section, the 

owner thereof shall have been advised in writing 

of the existence of such unsatisfactory 

conditions; shall have been given thirty days 

in which to correct said conditions ; shall have 

failed to correct said conditions; shall have 

had an opportunity for a public hearing before 

said commission; and the commission after 

approval by said Wildlife Exhibitors Criteria 

Committee shall have ordered such confiscation 

or release after careful consideration 

of all evidence in the particular case in question. 

(6) Any animal on exhibit of a type capable 

of contracting or transmitting rabies 'shall 

be immunized against rabies. 

(7) The provisions of this section relative 

to licensing shall not apply to any municipal, 

county, state or other publicly owned wildlife 

exhibit. The provisions of this section shall 

not apply to any traveling zoo, circus or exhibit 

licensed as provided by chapter 205. 

(8) A violation of this section shall be punishable 

as provided by §372.71. 

Hlstory.-§l, ch. 67-290 ; H19, 35, ch. 69-106. 

372.931 Hyacinth control.-The commission 

shall have the authority to cooperate with the 

United States and to enter into and make such 

cooperation agreements or commitments as the 

commission may determine necessary to carry 

out the eradication of the water hyacinth, alligator 

weed and other noxious aquatic plant 

growths from the waters of the state, and to 

enter into contracts with the United States 

obligating the state to indemnify and save 

harmless the said United States from any and 

all claims and liability arising out of the 

initiation and prosecution of any project undertaken 

under this section; provided however 

any claim or claims required to be paid under


this section shall be paid from money appropriated 

to the hyacinth control program. 

Hlotory.-§l, ch. 59-196. 

372.97 Jim Woodruff dam; reciprocity 

agreements.-The game and fresh water fish 

commission of the state is hereby authorized 

to enter into an agreement of the reciprocity 

with the game and fish commissioners or the 

appropriate officials or departments of the 

state of Georgia and the state of Alabama 

relative to the taking of game and fresh water 

fish from the waters of the lake created by the 

Jim Woodruff dam by permitting reciprocal 

license privileges. 


372.971 St. Mary's river; reciprocity agreements.-The 

game and fresh water fish commission 

of the state is hereby authorized to 

enter into an agreement of reciprocity with the 

game and fish commissioner or the appropriate 

officials or departments of the state of Georgia 

relative to the taking of game and fresh water 

fish from the waters of the St. Mary's river 

by permitting reciprocal agreement license privileges. 


372.98 Possession of nutria, license, inspection, 

penalty for violation.- 

(1) No person shall release, permit to be 

released, or be responsible for the release of, 

within the state, any animal of the species 

myocastor coypu and known commonly in Florida 

and referred to herein as nutria. 

(2) No person shall have in his possession 

for sale or otherwise any nutria until such 

person has obtained a license as provided herein. 

The fee for such license shall be twentyfive 

dollars per year. Application for such license 

shall be made with the game and fresh 

water fish commission on forms providing 

therefor. 

(3) All persons licensed under this law to 

keep, possess or exhibit nutria shall provide 

safe, secure and proper housing for said nutria 

which will adequately safeguard against the 

escape of any nutria. Requirements for the 

construction of such pens or housing shall 

be as prescribed by the game and fresh water 

fish commission. 

(4) All premises upon which nutria are 

kept shall be subject to inspection by authorized 

representatives of the game and fresh 

water fish commission. Such officers shall determine 

whether the said nutria are securely, 

properly and safely housed. In the event the 

said nutria are not securely, properly and 

safely housed, the inspecting officer shall so 

advise in writing the person owning said nutria. 

Failure of the owner to provide within 

thirty days after such written notice secure, 

proper, and safe housing as prescribed by the 

game and fresh water fish commission shall be 

grounds for revocation of the license herein 

1900 

provided and confiscation and disposal of the 

said nutria as a public nuisance. 

(5) Any person violating any provision of 

this section or any rule and regulation of the 

game and fresh water fish commission pursuant 

hereto shall be guilty of a misdemeanor 

and subject to punishment as provided by law. 

History .-§ § 1-5, ch. 59-398. 

372.99 Illegal taking and possession of deer 

and wild turkey; evidence; penalty.- 

(1) Whoever takes or kills any deer or wild 

turkey or possesses a freshly killed deer or wild 

turkey during the closed season prescribed by 

law or by the rules and regulations of the 

game and fresh water fish commission, or whoever 

takes or attempts to take any deer or 

wild turkey by the use of gun and light in or 

out of closed season, is guilty of a misdemeanor 

and upon conviction shall be fined not less than 

$200.00 nor more than $500.00, or imprisoned 

for not less than 5 days nor more than 1 year. 

(2) The displaying or use of a light in a 

place where deer might be found, and in a manner 

capable of disclosing the presence of deer, 

together with the possession of firearms or other 

weapons customarily used for the taking of 

deer, between one hour after sunset and one 

hour before sunrise, shall be prima facie evidence 

of an intent to violate the provisions of 

subsection (1 ) . 

8Islory.- I 1, ch. 65-340. 

372.9901 Seizure of illegal devices; disposition; 

appraisal; forfeiture.- 

(1 ) Any vehicle, vessel, animal, gun, light, 

or other hunting device used in the commission 

of an offense prohibited by §372.99, shall be 

seized by the arresting officer, who shall 

promptly make return of the seizure and deliver 

the property to the director of the game and 

fresh water fish commission. The return shall 

describe the property seized and recite in detail 

the facts and circumstances under which 

it was seized, together with the reason that the 

property was subject to seizure. The return 

shall also contain the names of all persons 

known to the officer to be interested in the 

property. 

(2) The director of the commission, upon 

receipt of the property, shall promptly fix its 

value and make return thereof to the clerk of 

the circuit court of the county wherein the 

article was seized; after which on proper 

showing of ownership of the property by someone 

other than the person arrested the property 

shall be returned to the said owner. 

(3) Upon conviction of the violator, the 

property, if owned by the person convicted, 

shall be forfeited to the state under the procedure 

set forth in §§372.312 through 372.318, 

where not inconsistent with this section. All 

amounts received from the sale or other disposition 

of the property shall be paid into the 

state game trust fund. If the property is not 

sold or converted, it shall be delivered to the

SALT WATER FISHERIES AND CONSERVATION - Florida State ...

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