Section 68B-20.003 - Spearing, Statewide Regulation; Prohibition Against Powerheads, Bangsticks, and Rebreathers; Repeal of Certain Special Acts(1) Spearing is lawful in all salt waters and salt tributaries located in the State of Florida except: (a) As provided in Section 379.2425, F.S. Notwithstanding the prohibition contained in that section, spearfishing is allowed in state waters off Collier County except as prohibited in this chapter and elsewhere in Division 68B, F.A.C.; and,(b) As prohibited in this chapter, and elsewhere in Division 68B, F.A.C.(2) Except as provided in Rule 68B-20.004, F.A.C., spearfishing is hereby prohibited:(a) Within 100 yards of all public bathing beaches.(b) Within 100 yards of all commercial or public fishing piers.(c) Within 100 yards of that portion of any bridge where public fishing is legally permitted.(d) Within 100 feet of the unsubmerged portion of any jetty, except that spearfishing shall be allowed along the last 500 yards of any jetty that extends more than 1, 500 yards from the shoreline.(e) In or on any body of water under the jurisdiction of the Division of Recreation and Parks of the Department of Environmental Protection. Possession of spearing equipment in or on any body of water under the jurisdiction of the Division of Recreation and Parks is prohibited except when such equipment is not loaded and is properly stored upon watercraft passing nonstop through such marine waters.(3) The taking of fish by spearing shall be subject to and consistent with present and future bag limits, size limits, and seasons applicable to other fishermen of this state.(4) The sale of fish lawfully taken by spearing shall be subject to the same regulations and limitations applicable to other fishermen in this state.(5) Nothing in this chapter shall be construed as allowing the taking, harvesting, molesting or killing of any fish by spearing when taking, harvesting, molesting or killing such fish is otherwise prohibited by law.(6) It is unlawful to buy, sell, offer to buy or sell, exchange, transport or possess any fish, or part thereof, taken or harvested in violation of this chapter.(7) The use of powerheads, bangsticks, and rebreathers is prohibited as specified in Rule 68B-4.012, F.A.C.(8)(a) The Marine Fisheries Commission hereby finds and declares that the repeal of Chapter 61-1913, Laws of Florida (1961), and Chapter 65-1281, Laws of Florida (1965), special acts of Brevard County, Chapter 63-1220, Laws of Florida (1963), special act of Citrus County, Chapter 27473, Laws of Florida (1951), special act of Collier County, Chapter 65-1622, Laws of Florida (1965), special act of Hernando County, Chapter 30829, Laws of Florida (1955), special act of Hillsborough County, Chapter 65-2079, Laws of Florida (1965), special act of Pasco County, and Chapters 57-1842, Laws of Florida (1957), 57-1852, Laws of Florida (1957) and 57-1854, Laws of Florida (1957), special acts of Sarasota County, all of which relate to spearing, will not adversely affect the marine resources of those counties or of the State of Florida.(b) Chapter 61-1913, Laws of Florida (1961), and Chapter 65-1281, Laws of Florida (1965), special acts of Brevard County, Chapter 63-1220, Laws of Florida (1963), special act of Citrus County, Chapter 27473, Laws of Florida (1951), special act of Collier County, Chapter 65-1622, Laws of Florida (1965), special act of Hernando County, Chapter 30829, Laws of Florida (1955), special act of Hillsborough County, Chapter 65-2079, Laws of Florida (1965), special act of Pasco County, and Chapters 57-1842, Laws of Florida (1957), 57-1852, Laws of Florida (1957) and 57-1854, Laws of Florida (1957), special acts of Sarasota County, all of which are rules of the Department of Environmental Protection (formerly the Department of Natural Resources) pursuant to section 2, paragraph (5)(a) of Chapter 83-134, Laws of Florida, and section 2, paragraph (5)(b) of Chapter 84-121, Laws of Florida, are all hereby repealed.Fla. Admin. Code Ann. R. 68B-20.003
Rulemaking Authority Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla. Law Implemented Art. IV, Sec. 9, Fla. Const., Chapter 83-134, Laws of Fla., as amended by Chapter 84-121, Laws of Fla.
New 6-17-85, Amended 1-1-98, Formerly 46-20.003, Amended 6-30-13, Amended by Florida Register Volume 40, Number 151, August 5, 2014 effective 8/1/2014.New 6-17-85, Amended 1-1-98, Formerly 46-20.003, Amended 6-30-13, 8-1-14.