I'm going to preface this with the admission that I know almost next to nothing about the gulf reef fishery....that's said....out of the way....freely admitted....
EJ, I read the statutes and I interpret the exemptions a little differently than you do.
In regards to disabled individuals, not just veterans, the statute says
(1) Hunting, freshwater fishing, and saltwater fishing licenses and permits shall be issued without fee to any resident who is certified or determined:
Since the gulf reef fish permit is free, seems like that follows that rule.
The next one was this:
(2) A hunting, freshwater fishing, or saltwater fishing license or permit is not required for:
...
(n) Any resident 65 years of age or older who has in her or his possession proof of age and residency. A no-cost license under this paragraph may be obtained from any tax collector’s office upon proof of age and residency and must be in the possession of the resident during hunting, freshwater fishing, and saltwater fishing activities.
While they may seem contradictory, and I won't argue that, I could see where the state could say, no actually you do have to have a license. Even if it is a one time, get it on your birthday when you turn 65 and celebrate never having to get another license in your hopefully very very very very long life. So, really I could see how the new permit, if required for forever would be just an update to the no cost license you already have to have in your possession while hunting or fishing, based on those statutes.
http://www.leg.state.fl.us/Statutes/ind ... 9.353.html
That said, I'm not a lawyer, certainly not a lawyer for the state. That is just my interpretation of the law as it's presented in the Florida Statutes.
BUT, lets go with your scenario and you don't have to have a license at all, just a proof of residency and age. I may be making a big assumption here, and please correct me if I'm wrong, but you think this information is important right? The info the state is trying to collect? If not then feel free to skip the rest and tell me I'm wrong in my assumption and I'll move on. If I am correct, how do you suggest collecting the information? I would guess the reason the state is doing this permit is the state wants the widest population base possible to poll from so they could get truly meaningful results. They certainly don't want to skew the results, or be accused of skewing the results, so it would stand to reason they'd want to choose from everyone who actually fishes the gulf reef fishery recreationally. And I may be incorrect about this, but the over 65 crowd may be a big part of that population since probably many/most are retirees who have the time to go out often. So how would you suggest the state go about polling the most people. You can't just poll salt water anglers because not all anglers fish the gulf or fish anything but inshore saltwater, that would just be a waste of emails/phone calls. I'd think that you'd want some way to single out the gulf reef fishermen from "the rest". If you're so against the way they're doing it now, how would you suggest it be done? That would collect the most meaningful and useful information for the state to hopefully make more informed policies in the future? And in your mind be legal? I'm not attacking, I'm just truly curious what your solution to this problem is.
Nor am I trying to trivialize your arguments because I can truly understand the "hassle" it would be for someone who had that one time license that shows you're over 65. But they should be in the system, presumably anyway, and so they could get online and get the permit IF they know about it. I do also understand there are people out there, and I have grandparents like this, that wouldn't know how to do that, even with step by step instructions (both written and pictures) because computers intimidate them or are just beyond their understanding or something like that. But I do know that I have family that would help my grandparents acquire whatever they needed and be done with it quite quickly. (I would guess though that those types of people are in the minority of the over 65 crowd...could be totally wrong.) I too have stood in line at walmart or sports authority or academy or dicks and waited while someone who didn't know how to use the system attempted to try to get me a license (typically my migratory bird permit) and it takes 30 minutes to get it and I thought well since i"m here, I'll go ahead and get it and it turns out to be one of the biggest headaches EVER. So, I can get that hassle. Truly can. But there are ways around most of those hassles so they aren't big hassles.
I would also guess that most LEOs out there will write warnings to people (who aren't jacklegs anyway) who don't have a permit the first time because they just didn't know. If they're over 65, don't read the license requirements, don't get the FWC emails (or like some that I do get, just don't read them), don't see posts like these on the internet, and I'm sure a plethora of other reasonable possibilities, LEO will most likely give warnings and educate people on how to get the permit and go on their way. It's a free permit. The state isn't getting anything out of it. Other than hopefully usable information.
Personally, I find it incredibly funny that people (not you specifically EJ since I don't know if you're one of these "people" as I really don't pay attention to the "who" in these types of discussions) whine and moan and complain and scream vehemently about how they know more than the biologisits, the biologists are using flawed data, biologists aren't out there and don't see what we see, and...and...and...and...the list goes on and on and on. The state is now attempting to "listen" to what the recreational fishermen have to say and now they're causing hassle, making it harder to get a license, restricting our rights, and i'm sure there are more arguments out there on how the state is trying to limit our rights. Seems to me people ought to be screaming FINALLY the state is at least making a show of listening to those of us who actually know what is going on. But that's just me.....
I don't have anything against this permit or potential survey. It's free. Took about an entire minute to obtain. And I'm always happy to help FWC out with surveys that I may have an opinion or knowledge on.
Danibeth