The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/CS/HB 1133
INTRODUCER: Criminal Justice Subcommittee; Natural Resources & Disasters Subcommittee; and
Representative Shoaf
SUBJECT: Fish and Wildlife Conservation Commission
DATE: April 21, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reagan Sadberry AP Pre-meeting
I. Summary:
HB 1133 titled as the Fish and Wildlife Conservation Commission Regional Representation Act
(Act) does the following:
• Creates residency requirements for members of the Florida Fish and Wildlife Conservation
Commission (Commission); and
• Requires the Governor to ensure compliance with the Act when appointing members to the
Commission.
Additionally, the bill aligns the authority of the members of the Commission, the executive
director, and law enforcement officers with other law enforcement officers.
The bill has no impact on state revenues or expenditures. See Section V. Fiscal Impact
Statement.
The bill has an effective date of July 1, 2025.
II. Present Situation:
Florida Fish and Wildlife Conservation Commission
The Fish and Wildlife Conservation Commission (Commission), created by Art. IV, s. 9 of the
Florida Constitution, is responsible for regulating, managing, protecting, and conserving the
state’s fish and wildlife resources.
1
The Commission is headquartered in Tallahassee,
2
with five
regional offices and 76 field offices and facilities throughout the state.
3
1
Art. IV, s. 9, Fla. Const.
2
Section 379.10255, F.S.
3
Commission, FWC Overview, https://myfwc.com/about/overview/ (last visited April 16, 2025).
REVISED: BILL: CS/CS/HB 1133 Page 2
As a result of the Commission’s constitutional authority, the Legislature is prohibited from
adopting statutes in conflict with rules adopted by the Commission to execute such authority.
4
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 the Commission regulations
must be prescribed by the Legislature.
5
In addition, the Legislature must provide for the
Commission’s exercise of executive powers in the area of planning, budgeting, personnel
management, and purchasing.
6
The Legislature may also enact laws to aid the Commission that
are not inconsistent with its constitutionally-conferred powers, except for special laws or general
laws of local application relating to hunting and fishing.
7
Members
Art. IV, s. 9 of the Florida Constitution requires the Commission to be composed of seven
members who are appointed by the Governor, subject to confirmation by the Senate, for
staggered terms of five years.
8
The members meet four times per year to hear staff reports,
consider rule proposals, and conduct other business.
9
Each meeting is held at a different location
within the state.
10
Currently, there is no residency requirement for members. Members do not
receive compensation for their services but may be reimbursed for travel expenses.
11
Annually,
the members select one of the members to serve as the chair.
12
The chair may be removed at any
time for sufficient cause, by an affirmative vote of a majority of the members.
13
The executive director of the Commission is responsible for keeping meeting minutes for
Commission meetings, purchasing supplies and employing assistants, representing the
Commission in its dealings with other state departments and entities, appointing and establishing
the salaries of other employees, and any other powers and duties as prescribed by the
Commission.
14
The Commission has authorized its executive director to perform certain
functions.
15
Law Enforcement Officers
The Commission, the executive director, and the assistants designated by her or him, and each
Commission law enforcement officer are considered peace officers with the power to make
arrests for violations of laws when the act is committed in the presence of the officer or on
4
Art. IV, s. 9, Fla. Const.
5
Id.
6
Id.
7
Id.
8
Id.; additionally, these requirements have been codified in statute. Section 379.102(1), F.S.
9
Commission, Commission Meetings, https://myfwc.com/about/commission/commission-meetings/ (last visited April 16,
2025).
10
Commission, The Commission, https://myfwc.com/about/commission/ (last visited April 16, 2025). See Commission,
Commission Meetings, https://myfwc.com/about/commission/commission-meetings/ (last visited Mar. 28, 2025) for meeting
locations from 2012 through 2025.
11
Section 379.102(3), F.S.
12
Section 379.102(2), F.S.
13
Id.
14
Section 379.103, F.S.
15
Commission, Executive Orders, https://myfwc.com/about/inside-fwc/executive-orders/ (last visited April 16, 2025). BILL: CS/CS/HB 1133 Page 3
certain state managed or owned lands.
16
Entry onto any of these lands is not considered
trespassing.
17
Commission rules must be enforced by certified law enforcement officers.
18
The Division of Law
Enforcement within the Commission enforces all laws and rules relating to hunting, fishing, and
wildlife.
19
Commission law enforcement officers are authorized to do the following as part of
their duties:
• Enter lands, public or private.
• Execute warrants and search warrants.
• Serve subpoenas issued for the examination, investigation, and trial of all offenses that
violate laws governing fish and wildlife and Commission rules.
• Carry firearms or other weapons, concealed or otherwise, in performance of their duties.
• Arrest someone upon probable cause and without a warrant for violating laws governing fish
and wildlife or Commission rules.
• Secure and execute search warrants.
• Seize and take possession of all fish and wildlife that have been taken or are possessed by
any person who has violated the law or Commission rules related to such species.
20
Entry onto Private Property
The Fourth Amendment to the United States Constitution protects against unreasonable searches
and seizures. The Florida Constitution requires Florida courts to construe Fourth Amendment
issues in conformity with rulings of the U.S. Supreme Court.
21
Fourth Amendment rights are
implicated when the government interferes with any person's reasonable expectation of privacy
when conducting a search or making a seizure of his or her person or property.
22
To protect against official abuses and unfettered police discretion, most searches of private
property require a warrant.
23
Courts will uphold the validity of a warrant that is based on
probable cause and issued by a neutral magistrate.
24
Searches conducted pursuant to a warrant
may not extend beyond the items or localities described in the warrant.
25
There are certain
exceptions where a warrant is not required to conduct a search, including:
16
Section 379.3311(1), F.S.; the Commission and other state agencies may acquire conservation easements for certain
conservation objectives. Commission, Conservation Planning,
https://myfwc.com/conservation/value/fwcg/conservation/planning/ (last visited April 16, 2025).
17
Id.
18
Section 379.33, F.S.; a law enforcement officer is any person elected, appointed, or employed full time by any municipality
or the state or any political subdivision thereof who is vested with the authority to bear arms and make arrests and whose
primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway
laws of the state. Section 943.10(1), F.S.
19
Section 379.3311, F.S.; Commission, Law Enforcement, https://myfwc.com/about/inside-fwc/le/ (last visited April 16,
2025).
20
Section 379.3311(2), F.S.
21
Art. I, s. 12, Fla. Const.; State v. Jimeno, 588 So. 2d 233 (Fla. 1991).
22
Oliver v. U.S., 466 U.S. 170 (1984); Jones v. State, 648 So. 2d 669 (Fla. 1994).
23
See e.g., Minnesota v. Dickerson, 508 U.S. 366 (1993); Arizona v. Hicks, 480 U.S. 321 (1987); Donovan v. Dewey, 452
U.S. 594 (1981); Marshall v. Barlow's, Inc., 436 U.S. 307 (1978).
24
U.S. v. Ventresca, 380 U.S. 102 (1965).
25
Marron v. U.S., 275 U.S. 192 (1927). BILL: CS/CS/HB 1133 Page 4
• A search that is incident to a lawful arrest.
26
• When evidence or contraband is in plain view of a law enforcement officer who is lawfully
on a person’s property.
27
• When consent is given by the owner or possessor of the property.
28
• Exigent circumstances.
29
III. Effect of Proposed Changes:
Section 1 titles the act as the Fish and Wildlife Conservation Commission (Commission)
Regional Representation Act (Act).
Section 2 amends s. 379.102, F.S., to establish five regions within the state and require one
Commission member to reside full-time in each region. The regions are the Northwest Region,
North Central Region, Northeast Region, Southwest Region, and South Region. The bill requires
the remaining two members to be at-large members, representing the whole state. The bill
authorizes the Commission to take all necessary actions to define the geographic boundaries of
the five regions. The bill requires the Governor to ensure compliance with the Act.
The bill requires each regional member to reside full-time within the boundaries of his or her
respective region at the time of appointment and throughout his or her term of service. The bill
specifies that at-large members are not subject to the regional residency requirement but are
required to be residents of the state.
The bill requires the members to serve staggered terms of five years and requires a vacancy that
occurs during the term of a member to be filled in the same manner as the original appointment
and for the remainder of the unexpired term. The bill specifies that a vacancy for a regional
member may not be filled by an individual who resides in the same region as a sitting member.
Section 3 amends s. 379.3311, F.S., to specify that members of the Commission, the executive
director and his or her assistants, and Commission law enforcement officers may enter private
property in the same manner and subject to the same requirements as all other law enforcement
officers.
30
Effective Date
Section 4 provides an effective date of July 1, 2025.
26
U.S. v. Robinson, 414 U.S. 218 (1973); Gustafson v. Fla., 414 U.S. 260 (1973); Preston v. U.S., 376 U.S. 364 (1964). To
meet constitutional requirements, the search must be contemporaneous with the arrest and can extend to things under the
accused's immediate control and, depending on the circumstances of the case, to the place where he or she is arrested.
Preston, 376 U.S. 364.
27
Horton v. California, 496 U.S. 128 (1990); Hicks, 480 U.S. 321.
28
Schneckloth v. Bustamonte, 412 U.S. 218 (1973).
29
See Arkansas v. Sanders, 442 U.S. 753 (1979). The exception encompasses several common situations when a search
warrant is not feasible or advisable, including where there is danger of flight or escape; loss or destruction of evidence; risk
of harm to the public or the police; mobility of a vehicle; and hot pursuit. U.S. v. Holloway, 290 F.3d 1331 (11th Cir. 2002).
30
See s. 943.10, F.S. BILL: CS/CS/HB 1133 Page 5
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 379.102 and
379.3311. BILL: CS/CS/HB 1133 Page 6
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.