This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1157z.ACR.docx
DATE: 5/1/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HJR 1157 Fishing and Hunting
SPONSOR(S): Agriculture, Conservation & Resiliency Subcommittee, Melo and others
TIED BILLS: IDEN./SIM. BILLS: CS/SJR 1234
FINAL HOUSE FLOOR ACTION: 116 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/HJR 1157 passed the House on April 25, 2023, and subsequently passed the Senate on April 28, 2023.
Article IV, section 9, of the Florida Constitution establishes the Florida Fish and Wildlife Conservation
Commission (FWC) and grants FWC the regulatory and executive powers of the state concerning wild animal
life, freshwater aquatic life, and marine life. As a result of FWC’s constitutional authority, the Legislature is
constitutionally prohibited from adopting statutes in conflict with rules adopted by FWC to execute such
authority. However, the Constitution specifies that all licensing fees for taking wild animal life, freshwater
aquatic life, and marine life as well as the penalties for violating FWC regulations must be prescribed by the
Legislature. The Legislature may also enact laws to aid FWC that are not inconsistent with its constitutionally-
conferred powers, except for special laws or general laws of local application relating to hunting and fishing.
In 2002, the Legislature recognized that hunting, fishing, and the taking of game are a valued part of the
cultural heritage of Florida, and as such, should be preserved for Floridians. The Legislature also recognized
that such activities play an important part in the state’s economy and in the conservation, preservation, and
management of the state’s natural areas and resources. The Legislature intended that the citizens of Florida
have the right to hunt, fish, and take game, subject to rules and regulations prescribed by general law and
FWC. FWC regulates hunting and fishing seasons, means of take, bag limits, and areas authorized for hunting
or fishing. With certain exceptions, individuals who wish to hunt or fish in Florida must obtain the appropriate
license or permit from FWC.
The joint resolution proposes an amendment to Article I of the Florida Constitution to create a new section that
preserves forever fishing and hunting, including by the use of traditional methods, as a public right and
preferred means of responsibly managing and controlling fish and wildlife. The joint resolution specifies that the
amendment does not limit the authority granted to FWC under Section 9 of Article IV of the Constitution.
The joint resolution will be considered by the electorate at the next general election on November 5, 2024. If
adopted at the 2024 general election, the resolution would take effect January 7, 2025.
A joint resolution proposing an amendment to the Florida Constitution requires approval by at least 60 percent
of the electors voting on the measure for passage.
The joint resolution is not subject to the Governor’s veto powers.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Florida Fish and Wildlife Conservation Commission
Article IV, section 9, of the Florida Constitution establishes the Florida Fish and Wildlife Conservation
Commission (FWC) and grants FWC the regulatory and executive powers of the state concerning wild
animal life, freshwater aquatic life, and marine life.
1
As a result of FWC’s constitutional authority, the Legislature is constitutionally prohibited from adopting
statutes in conflict with rules adopted by FWC to execute such authority.
2
However, the Constitution
specifies that all licensing fees for taking wild animal life, freshwater aquatic life, and marine life as well
as the penalties for violating FWC regulations must be prescribed by the Legislature.
3
In addition, the
Legislature must provide for FWC’s exercise of executive powers in the area of planning, budgeting,
personnel management, and purchasing.
4
The Legislature may also enact laws to aid FWC that are not
inconsistent with its constitutionally-conferred powers, except for special laws or general laws of local
application relating to hunting and fishing.
5
Hunting and Fishing
In 2002, the Legislature recognized that hunting, fishing, and the taking of game are a valued part of
the cultural heritage of Florida, and as such, should be preserved for Floridians.
6
The Legislature also
recognized that such activities play an important part in the state’s economy and in the conservation,
preservation, and management of the state’s natural areas and resources.
7
As such, the Legislature
intended that the citizens of Florida have the right to hunt, fish, and take game, subject to rules and
regulations prescribed by general law and FWC.
8
It is prohibited for any person to intentionally interfere
with a person lawfully taking fish, game, or nongame animals or to attempt to disturb any fish, game, or
nongame animals in an attempt to affect their behavior to prevent the lawful taking of such animals.
9
FWC regulates hunting and fishing seasons, means of take, bag limits, and areas authorized for
hunting or fishing. Florida residents and visitors are required to possess a Florida hunting, freshwater
fishing, or saltwater fishing license when engaged in fishing and hunting activities.
10
Fees for licenses
and permits typically range from $17 to $151
11
depending on the type and duration of the license, as
1
Art. IV, s. 9, Fla. Const.
2
Art. IV, s. 9, Fla. Const.
3
Art. IV, s. 9, Fla. Const.
4
Id.
5
Id.
6
Section 379.104, F.S.
7
Id.
8
Id.
9
Section 379.105, F.S.
10
This includes individuals who are aiding in the take. FWC, Exemptions, https://myfwc.com/license/recreational/do-i-need-one/ (last
visited Mar. 14, 2023).
11
Outside of this range, FWC offers a five-year resident gold sportsman’s license that includes freshwater fishing, hunting, and
saltwater fishing licenses and wildlife management area, archery, muzzleloading gun, crossbow, deer, turkey, Florida waterfowl,
snook, and lobster permits for $494.
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well as if the individual is a Florida resident.
12
Certain individuals are exempt from the permitting
requirements.
13
Hunting and fishing are authorized in various areas throughout the state; however, hunting is prohibited
in state parks.
14
FWC oversees more than 6 million acres of land established as wildlife management
areas (WMA) or wildlife and environmental areas.
15
FWC works in partnership with other governmental
or private landowners on the majority of lands and is the landowner or lead managing agency on the
remainder of lands.
16
These lands are managed for both conservation and recreation, including hunting.
To hunt on a WMA, an individual must obtain a management area permit.
17
Effect of the Bill
The joint resolution proposes an amendment to Article I of the Florida Constitution to create a new
section that preserves forever fishing, hunting and the taking of fish and wildlife, including by the use of
traditional methods, as a public right and preferred means of responsibly managing and controlling fish
and wildlife. The joint resolution specifies that the amendment does not limit the authority granted to
FWC under Section 9 of Article IV of the Constitution.
The joint resolution will be considered by the electorate at the next general election on November 5,
2024. If adopted at the 2024 general election, the resolution would take effect January 7, 2025.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Article XI, section 5(d) of the Florida Constitution requires proposed amendments or constitutional
revisions to be published in a newspaper of general circulation in each county where a newspaper
is published. The amendment or revision must be published once in the 10th week and again in the
sixth week immediately preceding the week the election is held. The statewide total cost for the
Division of Elections within the Department of State to advertise constitutional amendments, in
English and Spanish,
18
in newspapers for the 2022 election cycle was $332,359.17; however,
accurate cost estimates for the next constitutional amendment advertising cannot be determined
until the total number of amendments to be advertised is known and updated quotes are obtained
from the newspapers.
19
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
12
See, FWC, Recreational Freshwater Licenses & Permits, https://myfwc.com/license/recreational/freshwater-fishing/ (last visited
Mar. 14, 2023); FWC, Recreational Saltwater Licenses & Permits, https://myfwc.com/license/recreational/saltwater-fishing/ (last
visited Mar. 14, 2023); FWC, Recreational Hunting Licenses & Permits, https://myfwc.com/license/recreational/hunting/ (last visited
Mar. 13, 2023).
13
See s. 379.353, F.S., for a list of individuals who are exempt from permitting requirements. See also, FWC, Exemptions,
https://myfwc.com/license/recreational/do-i-need-one/ (last visited Mar. 14, 2023).
14
Section 258.008(3)(e), F.S.
15
FWC, What are Wildlife Management Areas?, https://myfwc.com/recreation/wmas/ (last visited Mar. 16, 2023).
16
Id.
17
FWC, Recreational Land Use Permits, https://myfwc.com/license/public-land-use/ (last visited Mar. 16, 2023).
18
Section 203 of the Federal Voting Rights Act requires the Department of State to publish a Spanish version of the amendment in
addition to an English version.
19
See Email from Katherine Woodby, Legislative Affairs Director, DOS, “RE: HJR 1157 Cost to Advertise” (Mar. 20, 2023) (on file
with the Agriculture, Conservation & Resiliency Subcommittee).
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1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.