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9 | 9 | | Page 1 of 5 |
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10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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11 | 11 | | |
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12 | 12 | | House Joint Resolution 1 |
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13 | 13 | | A joint resolution proposing an amendment to Section 9 2 |
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14 | 14 | | of Article IV of the State Constitution to revise 3 |
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15 | 15 | | appointments to the Florida Fish and Wildlife 4 |
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16 | 16 | | Conservation Commission. 5 |
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17 | 17 | | 6 |
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18 | 18 | | Be It Resolved by the Legislature of the State of Florida: 7 |
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19 | 19 | | 8 |
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20 | 20 | | That the following amendment to Section 9 of Article IV of 9 |
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21 | 21 | | the State Constitution is agreed to and shall be submitted to 10 |
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22 | 22 | | the electors of this state for approval or rejection at the next 11 |
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23 | 23 | | general election or at an earlier special election specifically 12 |
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24 | 24 | | authorized by law for that purpose: 13 |
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25 | 25 | | ARTICLE IV 14 |
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26 | 26 | | EXECUTIVE 15 |
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27 | 27 | | 16 |
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28 | 28 | | SECTION 9. Fish and wildlife conservation commission. — 17 |
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29 | 29 | | (a) There shall be a fish and wildlife conservation 18 |
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30 | 30 | | commission, composed of nine seven members appointed by the 19 |
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31 | 31 | | governor, subject to confirmation by the senate for staggered 20 |
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32 | 32 | | terms of five years. The members shall be appointed as follows: 21 |
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33 | 33 | | (1) The Department of Agriculture and Consumer Services 22 |
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34 | 34 | | shall appoint two members as follows: 23 |
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35 | 35 | | a. A rancher or farmer who owns or manages a Florida ranch 24 |
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36 | 36 | | or farm, on which at least two species of animals for which game 25 |
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45 | 45 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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46 | 46 | | |
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47 | 47 | | hunting is licensed under s. 379.354, Florida Statutes, are 26 |
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48 | 48 | | frequently present. 27 |
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49 | 49 | | b. A farmer who owns o r manages a Florida farm on which at 28 |
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50 | 50 | | least one major crop has been grown each of the previous four 29 |
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51 | 51 | | years. 30 |
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52 | 52 | | (2) The Department of Environmental Protection shall 31 |
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53 | 53 | | appoint two members as follows: 32 |
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54 | 54 | | a. A hunter or angler who has held a Florida hunting or 33 |
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55 | 55 | | fishing license each of the previous four years. 34 |
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56 | 56 | | b. A conservationist who for the previous four years has 35 |
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57 | 57 | | been an employee, member of the board, or member of an 36 |
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58 | 58 | | established advisory committee of a nonprofit habitat or a 37 |
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59 | 59 | | wildlife conservation organization, the primary focus of which 38 |
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60 | 60 | | is not game species. 39 |
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61 | 61 | | (3) The Department of Air and Water Pollution Control 40 |
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62 | 62 | | shall appoint a scientist, who is not currently an elected 41 |
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63 | 63 | | official, who holds at least a doctoral degree from an 42 |
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64 | 64 | | accredited college or university in environmental science, 43 |
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65 | 65 | | wildlife biology, conservation biology, fisheries science or 44 |
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66 | 66 | | management, wildlife science or management, or a comparable 45 |
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67 | 67 | | wildlife field. 46 |
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68 | 68 | | (4) The Governor shall appoint four members as follows: 47 |
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69 | 69 | | a. A local official representing an urban county with a 48 |
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70 | 70 | | population over 250,000. 49 |
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79 | 79 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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80 | 80 | | |
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81 | 81 | | b. A local official representing a rural county with a 50 |
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82 | 82 | | population under 250,000. 51 |
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83 | 83 | | c. A scientist, who is not currently an elected official, 52 |
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84 | 84 | | who holds at least a doctoral degree from an accredited college 53 |
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85 | 85 | | or university in forestry, silviculture, forest management, 54 |
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86 | 86 | | forest engineering, forest biology, forest operations, 55 |
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87 | 87 | | dendrology, forest sciences, or land management. 56 |
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88 | 88 | | d. A scientist, who is not currently an elected official, 57 |
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89 | 89 | | who holds at least a doctoral degree from an accredited college 58 |
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90 | 90 | | or university in agriculture, animal science, food science, 59 |
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91 | 91 | | horticulture, soil science, agricultural engineering, dairy 60 |
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92 | 92 | | science, animal breeding, animal husbandry, or aquaculture. 61 |
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93 | 93 | | (b) A person who has contributed, or whose spo use has 62 |
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94 | 94 | | contributed, a major donation to any political party may not be 63 |
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95 | 95 | | appointed to the commission. For purposes of this paragraph, 64 |
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96 | 96 | | "major donation" means a donation in an amount of $1,000 or 65 |
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97 | 97 | | more. 66 |
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98 | 98 | | (c) Each commissioner must annually complete at least 4 67 |
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99 | 99 | | hours of ethics training that addresses, at a minimum, s. 8, 68 |
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100 | 100 | | Art. II of the State Constitution, the Code of Ethics for Public 69 |
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101 | 101 | | Officers and Employees. 70 |
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102 | 102 | | (d) The Commission on Ethics shall investigate and enforce 71 |
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103 | 103 | | any code of ethics violations or any conflict s of interest. 72 |
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104 | 104 | | (d) The commission shall exercise the regulatory and 73 |
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105 | 105 | | executive powers of the state with respect to wild animal life 74 |
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114 | 114 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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116 | 116 | | and fresh water aquatic life, and shall also exercise regulatory 75 |
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117 | 117 | | and executive powers of the state with respect to marine l ife, 76 |
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118 | 118 | | except that all license fees for taking wild animal life, fresh 77 |
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119 | 119 | | water aquatic life, and marine life and penalties for violating 78 |
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120 | 120 | | regulations of the commission shall be prescribed by general 79 |
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121 | 121 | | law. The commission shall establish procedures to ensure 80 |
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122 | 122 | | adequate due process in the exercise of its regulatory and 81 |
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123 | 123 | | executive functions. The legislature may enact laws in aid of 82 |
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124 | 124 | | the commission, not inconsistent with this section, except that 83 |
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125 | 125 | | there shall be no special law or general law of local 84 |
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126 | 126 | | application pertaining to hunting or fishing. The commission's 85 |
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127 | 127 | | exercise of executive powers in the area of planning, budgeting, 86 |
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128 | 128 | | personnel management, and purchasing shall be as provided by 87 |
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129 | 129 | | law. Revenue derived from license fees for the taking of wild 88 |
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130 | 130 | | animal life and fresh water aquatic life shall be appropriated 89 |
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131 | 131 | | to the commission by the legislature for the purposes of 90 |
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132 | 132 | | management, protection, and conservation of wild animal life and 91 |
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133 | 133 | | fresh water aquatic life. Revenue derived from license fees 92 |
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134 | 134 | | relating to marine life shall be appro priated by the legislature 93 |
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135 | 135 | | for the purposes of management, protection, and conservation of 94 |
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136 | 136 | | marine life as provided by law. The commission shall not be a 95 |
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137 | 137 | | unit of any other state agency and shall have its own staff, 96 |
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138 | 138 | | which includes management, research, and e nforcement. Unless 97 |
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139 | 139 | | provided by general law, the commission shall have no authority 98 |
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140 | 140 | | to regulate matters relating to air and water pollution. 99 |
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149 | 149 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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150 | 150 | | |
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151 | 151 | | 100 |
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152 | 152 | | BE IT FURTHER RESOLVED that the following statement be 101 |
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153 | 153 | | placed on the ballot: 102 |
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154 | 154 | | CONSTITUTIONAL AMEND MENT 103 |
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155 | 155 | | ARTICLE 9, SECTION IV 104 |
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156 | 156 | | REVISION OF APPOINTMENTS TO THE FLORIDA FISH AND WILDLIFE 105 |
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157 | 157 | | CONSERVATION COMMISSION .—Proposing an amendment to the State 106 |
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158 | 158 | | Constitution to revise appointments to the Fish and Wildlife 107 |
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159 | 159 | | Conservation Commission. 108 |
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