Senate Bill sb1980c3

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    Florida Senate - 2007             CS for CS for CS for SB 1980

    By the Committees on General Government Appropriations;
    Governmental Operations; and Environmental Preservation and
    Conservation



    601-2641-07

  1                      A bill to be entitled

  2         An act relating to the management of wildlife

  3         and saltwater fisheries; amending s. 320.08056,

  4         F.S.; increasing the annual use fee for the Sea

  5         Turtle specialty license plate; amending s.

  6         320.08058, F.S.; authorizing the use of certain

  7         annual fees for specialty license plates to

  8         promote and market the plates; incorporating

  9         the amendments made to s. 370.12, F.S., in a

10         reference thereto; amending s. 370.0603, F.S.;

11         authorizing the deposit of certain funds into

12         the Marine Resources Conservation Trust Fund;

13         providing purposes for which funds may be used;

14         amending s. 370.1105, F.S.; correcting a

15         reference; amending s. 370.12, F.S.;

16         authorizing use of certain annual use fees for

17         specialty license plates to promote and market

18         the plates; authorizing the Fish and Wildlife

19         Conservation Commission to use certain annual

20         use fees to buy back certain specialty license

21         plates; amending s. 370.13, F.S.; authorizing

22         the waiver of replacement tag fees for stone

23         crab traps under certain conditions; providing

24         for legislative approval of commission rules

25         establishing equitable rent; deleting the

26         suspension of stone crab endorsements for first

27         violations; amending s. 370.135, F.S.;

28         establishing certain endorsement fees for the

29         taking of blue crabs; establishing an annual

30         trap tag fee; authorizing the commission to

31         establish an amount of equitable rent by rule;

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 1         providing for legislative approval of the rule;

 2         authorizing the commission to waive endorsement

 3         and trap tag fees for a 1-year period;

 4         authorizing the waiver of blue crab trap

 5         replacement tag fees under certain conditions;

 6         requiring the deposit of certain proceeds into

 7         the Marine Resources Conservation Trust Fund;

 8         specifying the use of such proceeds; providing

 9         for the adoption of rules; providing

10         administrative penalties for certain

11         violations; prohibiting the unauthorized

12         possession of blue crab trap gear or removal of

13         blue crab trap contents and providing penalties

14         therefor; providing penalties for certain other

15         prohibited activities relating to blue crab

16         traps, lines, buoys, and trap tags; providing

17         penalties for fraudulent reports related to

18         endorsement transfers; prohibiting certain

19         activities during endorsement suspension and

20         revocation; preserving state jurisdiction for

21         certain convictions; providing requirements for

22         certain license renewal; providing for the

23         expiration of certain provisions unless

24         reenacted by the Legislature; appropriating

25         certain fee revenues to the commission for blue

26         crab effort management program costs; amending

27         ss. 370.14, 370.1405, and 370.142, F.S.;

28         clarifying provisions regulating spiny

29         lobsters; providing for legislative approval of

30         rules establishing equitable rent; authorizing

31         the waiver of spiny lobster trap replacement

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 1         fees under certain conditions; providing

 2         administrative penalties for certain violations

 3         concerning spiny lobsters; prohibiting transfer

 4         of spiny lobster certificates under certain

 5         conditions; amending s. 861.021, F.S.;

 6         clarifying provisions regulating spiny

 7         lobsters; amending s. 370.143, F.S.; revising

 8         provisions for certain trap retrieval programs

 9         and fees; authorizing the waiver of trap

10         retrieval fees under certain conditions;

11         amending s. 372.09, F.S.; authorizing the use

12         of certain annual use fees for specialty

13         license plates to promote and market the

14         plates; amending s. 372.672, F.S.; authorizing

15         use of certain annual use fees for specialty

16         license plates to promote and market the

17         plates; amending s. 372.83, F.S.; correcting

18         cross-references; reenacting s. 380.511(1)(c),

19         F.S., relating to deposit of proceeds from sale

20         of certain specialty license plates, to

21         incorporate the amendments made to s.

22         320.08058, F.S., in a reference thereto;

23         amending s. 20.331, F.S.; requiring the Fish

24         and Wildlife Conservation Commission to adopt

25         and publish a rule establishing due process

26         procedures; providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Paragraph (s) of subsection (4) of section

31  320.08056, Florida Statutes, is amended to read:

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 1         320.08056  Specialty license plates.--

 2         (4)  The following license plate annual use fees shall

 3  be collected for the appropriate specialty license plates:

 4         (s)  Sea Turtle license plate, $23 $17.50.

 5         Section 2.  Paragraph (b) of subsection (5) and

 6  subsection (18) of section 320.08058, Florida Statutes, are

 7  amended and, paragraph (b) of subsection (1) of that section

 8  is reenacted for the purpose of incorporating the amendments

 9  made by this act to section 370.12, Florida Statutes, in a

10  reference thereto, to read:

11         320.08058  Specialty license plates.--

12         (1)  MANATEE LICENSE PLATES.--

13         (b)  The manatee license plate annual use fee must be

14  deposited into the Save the Manatee Trust Fund, created within

15  the Fish and Wildlife Conservation Commission, and shall be

16  used only for the purposes specified in s. 370.12(4).

17         (5)  FLORIDA PANTHER LICENSE PLATES.--

18         (b)  The department shall distribute the Florida

19  panther license plate annual use fee in the following manner:

20         1.  Eighty-five percent must be deposited in the

21  Florida Panther Research and Management Trust Fund in the Fish

22  and Wildlife Conservation Commission to be used for education

23  and programs to protect the endangered Florida panther, and up

24  to 10 percent of such deposit may be used to promote and

25  market the license plate.

26         2.  Fifteen percent, but no less than $300,000, must be

27  deposited in the Florida Communities Trust Fund to be used

28  pursuant to the Florida Communities Trust Act.

29         (18)  LARGEMOUTH BASS LICENSE PLATES.--

30         (b)  The annual use fees must be deposited in shall be

31  distributed to the State Game Trust Fund and used by the Fish

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 1  and Wildlife Conservation Commission to fund current

 2  conservation programs that maintain current levels of

 3  protection and management of this state's fish and wildlife

 4  resources, including providing hunting, fishing, and

 5  nonconsumptive wildlife opportunities. Up to 10 percent of the

 6  annual use fee deposited into the trust fund may be used to

 7  promote and market the license plate.

 8         Section 3.  Paragraph (j) is added to subsection (1) of

 9  section 370.0603, Florida Statutes, and paragraphs (c) and (d)

10  of subsection (2) of that section are amended, to read:

11         370.0603  Marine Resources Conservation Trust Fund;

12  purposes.--

13         (1)  The Marine Resources Conservation Trust Fund

14  within the Fish and Wildlife Conservation Commission shall

15  serve as a broad-based depository for funds from various

16  marine-related and boating-related activities and shall be

17  administered by the commission for the purposes of:

18         (j)  Funding for the stone crab trap reduction program

19  under s. 370.13, the blue crab effort management program under

20  s. 370.135, the spiny lobster trap certificate program under

21  s. 370.142, and the trap retrieval program under s. 370.143.

22         (2)  The Marine Resources Conservation Trust Fund shall

23  receive the proceeds from:

24         (c)  All fees collected under pursuant to ss. 370.063,

25  370.13, 370.135, 370.142, 370.143, and 372.5704.

26         (d)  All fines and penalties under ss. pursuant to s.

27  370.021, 370.13, 370.135, and 370.142.

28         Section 4.  Subsection (1) of section 370.1105, Florida

29  Statutes, is amended to read:

30         370.1105  Saltwater finfish; fishing traps regulated.--

31  

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 1         (1)  It is unlawful for any person, firm, or

 2  corporation to set, lay, place, or otherwise attempt to fish

 3  for saltwater finfish with any trap other than:

 4         (a)  A crab, spiny lobster crawfish, or shrimp trap

 5  specifically permitted under s. 370.13, s. 370.135, s. 370.14,

 6  or s. 370.15;

 7         (b)  A pinfish trap not exceeding 2 feet in any

 8  dimension, with a throat or entrance not exceeding 3 inches in

 9  height by three-quarters of an inch in width; or

10         (c)  A black sea bass trap which has a biodegradable

11  panel and a throat or entrance, the narrowest point of which

12  is not more than 5 inches in height by 2 inches in width and

13  the outer dimensions of which do not exceed 2 feet in height,

14  2 feet in width, and 2 feet in depth.  However, such traps may

15  be used only north of latitude 27° N.

16         Section 5.  Paragraphs (d) and (e) are added to

17  subsection (4) of section 370.12, Florida Statutes, to read:

18         370.12  Marine animals; regulation.--

19         (4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

20         (d)  Up to 10 percent of the annual use fee deposited

21  into the Save the Manatee Trust Fund from the sale of the

22  manatee license plate authorized in s. 320.08058 may be used

23  to promote and market the manatee license plate issued by the

24  Department of Highway Safety and Motor Vehicles after June 30,

25  2007.

26         (e)  For the 2007-2008 fiscal year, the annual use fee

27  deposited into the Save the Manatee Trust Fund from the sale

28  of the manatee license plate authorized in s. 320.08058 may be

29  used by the commission to buy back any manatee license plates

30  not issued by the Department of Highway Safety and Motor

31  Vehicles. This paragraph expires July 1, 2008.

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 1         Section 6.  Subsection (1) and paragraph (a) of

 2  subsection (2) of section 370.13, Florida Statutes, are

 3  amended to read:

 4         370.13  Stone crab; regulation.--

 5         (1)  FEES AND EQUITABLE RENT.--

 6         (a)  Endorsement fee.--The fee for a stone crab

 7  endorsement for the taking of stone crabs, as required by rule

 8  of the Fish and Wildlife Conservation Commission, is $125, $25

 9  of which must be used solely for trap retrieval under s.

10  370.143.

11         (b)  Certificate fees.--

12         1.  For each trap certificate issued by the commission

13  under the requirements of the stone crab trap limitation

14  program established by commission rule, there is an annual fee

15  of 50 cents per certificate. Replacement tags for lost or

16  damaged tags cost 50 cents each plus the cost of shipping. In

17  the event of a major natural disaster, such as a hurricane or

18  major storm, which causes massive trap losses within an area

19  declared by the Governor to be a disaster emergency area, the

20  commission may temporarily defer or waive replacement tag

21  fees, except that tags lost in the event of a major natural

22  disaster declared as an emergency disaster by the Governor

23  shall be replaced for the cost of the tag as incurred by the

24  commission.

25         2.  The fee for transferring trap certificates is $1

26  per certificate transferred, except that the fee for eligible

27  crew members is 50 cents per certificate transferred. Eligible

28  crew members shall be determined according to criteria

29  established by rule of the commission. Payment must be made by

30  money order or cashier's check, submitted with the certificate

31  transfer form developed by the commission.

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 1         3.  In addition to the transfer fee, a surcharge of $1

 2  per certificate transferred, or 25 percent of the actual value

 3  of the transferred certificate, whichever is greater, will be

 4  assessed the first time a certificate is transferred outside

 5  the original holder's immediate family.

 6         4.  Transfer fees and surcharges only apply to the

 7  actual number of certificates received by the purchaser. A

 8  transfer of a certificate is not effective until the

 9  commission receives a notarized copy of the bill of sale as

10  proof of the actual value of the transferred certificate or

11  certificates, which must also be submitted with the transfer

12  form and payment.

13         5.  A transfer fee will not be assessed or required

14  when the transfer is within a family as a result of the death

15  or disability of the certificate owner. A surcharge will not

16  be assessed for any transfer within an individual's immediate

17  family.

18         6.  The fees and surcharge amounts in this paragraph

19  apply in the 2005-2006 license year and subsequent years.

20         (c)  Incidental take endorsement.--The cost of an

21  incidental take endorsement, as established by commission

22  rule, is $25.

23         (d)  Equitable rent.--The commission may establish by

24  rule an amount of equitable rent per trap certificate that may

25  be recovered as partial compensation to the state for the

26  enhanced access to its natural resources. In determining

27  whether to establish such a rent and the amount thereof, the

28  commission may consider the amount of revenues annually

29  generated by endorsement fees, trap certificate fees, transfer

30  fees, surcharges, replacement trap tag fees, trap retrieval

31  fees, incidental take endorsement fees, and the continued

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 1  economic viability of the commercial stone crab industry. A

 2  rule establishing an amount of equitable rent shall become

 3  effective only after approval by the Legislature. Final

 4  approval of such a rule shall be by the Governor and Cabinet

 5  sitting as the Board of Trustees of the Internal Improvement

 6  Trust Fund.

 7         (e)  Disposition of fees, surcharges, civil penalties

 8  and fines, and equitable rent.--Endorsement fees, trap

 9  certificate fees, transfer fees, civil penalties and fines,

10  surcharges, replacement trap tag fees, trap retrieval fees,

11  incidental take endorsement fees, and equitable rent, if any,

12  must be deposited in the Marine Resources Conservation Trust

13  Fund. Up to Not more than 50 percent of the revenues generated

14  under this section may be used for operation and

15  administration of the stone crab trap limitation program. All

16  The remaining revenues so generated must under this program

17  are to be used for trap retrieval, management of the stone

18  crab fishery, public education activities, evaluation of the

19  impact of trap reductions on the stone crab fishery, and

20  enforcement activities in support of the stone crab trap

21  limitation program.

22         (f)  Program to be self-supporting.--The stone crab

23  trap limitation program is intended to be a self-supporting

24  program funded from proceeds generated under this section.

25         (g)  No vested rights.--The stone crab trap limitation

26  program does not create any vested rights for endorsement or

27  certificateholders and may be altered or terminated by the

28  commission as necessary to protect the stone crab resource,

29  the participants in the fishery, or the public interest.

30         (2)  PENALTIES.--For purposes of this subsection,

31  conviction is any disposition other than acquittal or

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 1  dismissal, regardless of whether the violation was adjudicated

 2  under any state or federal law.

 3         (a)  It is unlawful to violate commission rules

 4  regulating stone crab trap certificates and trap tags. No

 5  person may use an expired tag or a stone crab trap tag not

 6  issued by the commission or possess or use a stone crab trap

 7  in or on state waters or adjacent federal waters without

 8  having a trap tag required by the commission firmly attached

 9  thereto.

10         1.  In addition to any other penalties provided in s.

11  370.021, for any commercial harvester who violates this

12  paragraph, the following administrative penalties apply.

13         a.  For a first violation, the commission shall assess

14  an administrative penalty of up to $1,000 and the stone crab

15  endorsement under which the violation was committed may be

16  suspended for the remainder of the current license year.

17         b.  For a second violation that occurs within 24 months

18  of any previous such violation, the commission shall assess an

19  administrative penalty of up to $2,000 and the stone crab

20  endorsement under which the violation was committed may be

21  suspended for 12 calendar months.

22         c.  For a third violation that occurs within 36 months

23  of any previous two such violations, the commission shall

24  assess an administrative penalty of up to $5,000 and the stone

25  crab endorsement under which the violation was committed may

26  be suspended for 24 calendar months.

27         d.  A fourth violation that occurs within 48 months of

28  any three previous such violations, shall result in permanent

29  revocation of all of the violator's saltwater fishing

30  privileges, including having the commission proceed against

31  

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 1  the endorsement holder's saltwater products license in

 2  accordance with s. 370.021.

 3         2.  Any other person who violates the provisions of

 4  this paragraph commits a Level Two violation under s. 372.83.

 5  

 6  Any commercial harvester assessed an administrative penalty

 7  under this paragraph shall, within 30 calendar days after

 8  notification, pay the administrative penalty to the

 9  commission, or request an administrative hearing under ss.

10  120.569 and 120.57. The proceeds of all administrative

11  penalties collected under this paragraph shall be deposited in

12  the Marine Resources Conservation Trust Fund.

13         Section 7.  Section 370.135, Florida Statutes, is

14  amended to read:

15         370.135  Blue crab; regulation.--

16         (1)(a)  No commercial harvester shall transport on the

17  water, fish with or cause to be fished with, set, or place any

18  trap designed for taking blue crabs unless such commercial

19  harvester holds is the holder of a valid saltwater products

20  license and a restricted species endorsement issued under

21  pursuant to s. 370.06 and a blue crab endorsement issued under

22  this section. Each trap shall have the harvester's blue crab

23  endorsement number permanently affixed to it. Each buoy

24  attached to such a trap shall also have the blue crab

25  endorsement and the trap has a current state number

26  permanently attached to the buoy. The blue crab endorsement

27  trap number shall be affixed in legible figures at least 2

28  inches 1 inch high on each buoy used. The saltwater products

29  license must be on board the boat, and both the license and

30  the crabs shall be subject to inspection at all times. Only

31  one trap number may be issued for each boat by the commission

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 1  upon receipt of an application on forms prescribed by it. This

 2  subsection shall not apply to an individual fishing with no

 3  more than five traps.

 4         (b)  It is unlawful for any person willfully to molest

 5  any blue crab traps, lines, or buoys, as defined herein,

 6  belonging to another without the express written consent of

 7  the trap owner.

 8         1.  A commercial harvester who violates this paragraph

 9  commits a felony of the third degree, punishable as provided

10  in s. 775.082, s. 775.083, or s. 775.084.

11         2.  Any other person who violates this paragraph

12  commits a Level Four violation under s. 372.83.

13  

14  Any commercial harvester receiving a judicial disposition

15  other than dismissal or acquittal on a charge of willful

16  molestation of a trap, in addition to the penalties specified

17  in s. 370.021, shall lose all saltwater fishing privileges for

18  a period of 24 calendar months.

19         (c)1.  It is unlawful for any person to remove the

20  contents of or take possession of another harvester's blue

21  crab trap without the express written consent of the trap

22  owner available for immediate inspection. Unauthorized

23  possession of another's trap gear or removal of trap contents

24  constitutes theft.

25         a.  Any commercial harvester receiving a judicial

26  disposition other than dismissal or acquittal on a charge of

27  theft of or from a trap pursuant to this section or s.

28  370.1107 shall, in addition to the penalties specified in s.

29  370.021 and the provisions of this section, permanently lose

30  all saltwater fishing privileges, including any saltwater

31  

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 1  products license and blue crab endorsement. In such cases

 2  endorsements are nontransferable.

 3         b.  In addition, any commercial harvester receiving a

 4  judicial disposition other than dismissal or acquittal for

 5  violating this subsection or s. 370.1107 shall also be

 6  assessed an administrative penalty of up to $5,000.

 7  Immediately upon receiving a citation for a violation

 8  involving theft of or from a trap and until adjudicated for

 9  such a violation, or receiving a judicial disposition other

10  than dismissal or acquittal for such a violation, the

11  commercial harvester committing the violation is prohibited

12  from transferring any blue crab endorsements.

13         2.  A commercial harvester who violates this paragraph

14  shall be punished under s. 370.021. Any other person who

15  violates this paragraph commits a Level Two violation under s.

16  372.83.

17         (2)  No person shall harvest blue crabs with more than

18  five traps, harvest blue crabs in commercial quantities, or

19  sell blue crabs unless such person holds a valid saltwater

20  products license with a restricted species endorsement issued

21  under s. 370.06 and a blue crab endorsement (trap number)

22  issued under pursuant to this section subsection.

23         (a)  Effective June 1, 1998, and until July 1, 2002, no

24  blue crab endorsement (trap number), except those endorsements

25  that are active during the 1997-1998 fiscal year, shall be

26  renewed or replaced.

27         (b)  Effective January 1, 1999, and until July 1, 2002,

28  a trap number holder, or members of his or her immediate

29  family, must request renewal of the endorsement prior to

30  September 30 of each year.

31  

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 1         (c)  If a person holding an active blue crab

 2  endorsement, or a member of that person's immediate family,

 3  does not request renewal of the endorsement before the

 4  applicable dates as specified in this subsection, the

 5  commission shall deactivate that endorsement.

 6         (a)(d)  In the event of the death or disability of a

 7  person holding an active blue crab endorsement, the

 8  endorsement may be transferred by the person to a member of

 9  his or her immediate family or may be renewed by any person so

10  designated by the executor of the person's estate.

11         (b)  A commercial harvester who holds a saltwater

12  products license and a blue crab endorsement that is issued to

13  the commercial harvester's vessel registration number and who

14  replaces an existing vessel with a new vessel may transfer the

15  existing blue crab endorsement to the saltwater products

16  license of the new vessel.

17         (e)  Persons who hold saltwater products licenses with

18  blue crab endorsements issued to their boat registration

19  numbers and who subsequently replace their existing vessels

20  with new vessels shall be permitted to transfer the existing

21  licenses to the new boat registration numbers.

22         (3)(a)  Endorsement fees.--

23         1.  The fee for a hard-shell blue crab endorsement for

24  the taking of hard-shell blue crabs, as authorized by rule of

25  the commission, is $125, $25 of which must be used solely for

26  the trap-retrieval program authorized under s. 370.143 and in

27  commission rules.

28         2.  The fee for a soft-shell blue crab endorsement for

29  the taking of soft-shell blue crabs, as authorized by rule of

30  the commission, is $250, $25 of which must be used solely for

31  

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 1  the trap-retrieval program authorized under s. 370.143 and in

 2  commission rules.

 3         3.  The fee for a nontransferable hard-shell blue crab

 4  endorsement for the taking of hard-shell blue crabs, as

 5  authorized by rule of the commission, is $125, $25 of which

 6  must be used solely for the trap-retrieval program authorized

 7  under s. 370.143 and in commission rules.

 8         4.  The fee for an incidental-take blue crab

 9  endorsement for the taking of blue crabs as bycatch in shrimp

10  trawls and stone crab traps, as authorized in commission

11  rules, is $25.

12         (b)  Trap tag fees.--The annual fee for each trap tag

13  issued by the commission under the requirements of the blue

14  crab effort management program established by rule of the

15  commission is 50 cents per tag. The fee for replacement tags

16  for lost or damaged tags is 50 cents per tag plus the cost of

17  shipping. In the event of a major natural disaster, such as a

18  hurricane or major storm, which causes massive trap losses

19  within an area declared by the Governor to be a disaster

20  emergency area, the commission may temporarily defer or waive

21  replacement tag fees.

22         (c)  Equitable rent.--The commission may establish by

23  rule an amount of equitable rent that may be recovered as

24  partial compensation to the state for the enhanced access to

25  its natural resources. In determining whether to establish

26  such a rent and the amount thereof, the commission may

27  consider the amount of revenues annually generated by

28  endorsement fees, trap tag fees, replacement trap tag fees,

29  trap retrieval fees, and the continued economic viability of

30  the commercial blue crab industry. A rule establishing an

31  

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 1  amount of equitable rent shall become effective only upon

 2  approval by act of the Legislature.

 3         (d)  Disposition of moneys generated from fees and

 4  administrative penalties.--Moneys generated from the sale of

 5  blue crab endorsements, trap tags, and replacement trap tags,

 6  or from the assessment of administrative penalties by the

 7  commission  under this section shall be deposited into the

 8  Marine Resources Conservation Trust Fund. Up to 50 percent of

 9  the moneys generated from the sale of endorsements and trap

10  tags and the assessment of administrative penalties may be

11  used for the operation and administration of the blue crab

12  effort management program. The remaining moneys generated from

13  the sale of endorsements and trap tags and the assessment of

14  administrative penalties may be used for trap retrieval;

15  management of the blue crab fishery; and public-education

16  activities, research, and enforcement activities in support of

17  the blue crab effort management program.

18         (e)  Waiver of fees.--For the 2007-2008 license year,

19  the commission shall waive all fees under this subsection for

20  all persons who qualify by September 30, 2007, to participate

21  in the blue crab effort management program established by

22  commission rule.

23         (4)(a)  Untagged trap penalties.--By July 1, 2008, the

24  commission shall implement by rule the administrative

25  penalties authorized by this subsection. In addition to any

26  other penalties provided in s. 370.021 for any blue crab

27  endorsement holder who violates commission rules requiring the

28  placement of trap tags for traps used for the directed harvest

29  of blue crabs, the following administrative penalties apply:

30         1.  For a first violation, the commission shall assess

31  an administrative penalty of up to $1,000.

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 1         2.  For a second violation that occurs within 24 months

 2  after any previous such violation, the commission shall assess

 3  an administrative penalty of up to $2,000 and the blue crab

 4  endorsement holder's blue crab fishing privileges may be

 5  suspended for 12 calendar months.

 6         3.  For a third violation that occurs within 36 months

 7  after any two previous such violations, the commission shall

 8  assess an administrative penalty of up to $5,000 and the blue

 9  crab endorsement holder's blue crab fishing privileges may be

10  suspended for 24 calendar months.

11         4.  A fourth violation that occurs within 48 months

12  after any three previous such violations shall result in

13  permanent revocation of all of the violator's saltwater

14  fishing privileges, including having the commission proceed

15  against the endorsement holder's saltwater products license in

16  accordance with s. 370.021.

17  

18  Any blue crab endorsement holder assessed an administrative

19  penalty under this paragraph shall, within 30 calendar days

20  after notification, pay the administrative penalty to the

21  commission or request an administrative hearing under ss.

22  120.569 and 120.57.

23         (b)  Trap theft; prohibitions and penalties.--It is

24  unlawful for any person to remove or take possession of the

25  contents of another harvester's blue crab trap without the

26  express written consent of the trap owner, which must be

27  available for immediate inspection. Unauthorized possession of

28  another harvester's blue crab trap gear or removal of trap

29  contents constitutes theft.

30         1.  Any commercial harvester receiving a judicial

31  disposition other than dismissal or acquittal on a charge of

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 1  theft of or from a trap as prohibited by this paragraph shall,

 2  in addition to the penalties specified in s. 370.021 and this

 3  section, permanently lose all saltwater fishing privileges,

 4  including any saltwater products licenses, blue crab

 5  endorsements and blue crab trap tags allotted to him or her by

 6  the commission. In such cases endorsements are

 7  nontransferable.

 8         2.  In addition, any commercial harvester receiving a

 9  judicial disposition other than dismissal or acquittal for

10  violating this paragraph shall also be assessed an

11  administrative penalty of up to $5,000. Immediately upon

12  receipt of a citation for a violation involving theft of or

13  from a trap and until adjudicated for such a violation, or

14  upon receipt of a judicial disposition other than dismissal or

15  acquittal for such a violation, the commercial harvester

16  committing the violation is prohibited from transferring any

17  blue crab endorsements.

18         3.  A commercial harvester who violates this paragraph

19  shall be punished under s. 370.021. Any other person who

20  violates this paragraph commits a Level Two violation under s.

21  372.83.

22         (c)  Criminal activities prohibited.--

23         1.  It is unlawful for any commercial harvester or any

24  other person to:

25         a.  Willfully molest any blue crab trap, line or buoy

26  that is the property of any licenseholder without the

27  permission of that licenseholder.

28         b.  Barter, trade, lease, or sell a blue crab trap tag,

29  or conspire or aid in such barter, trade, lease, or sale

30  unless duly authorized by commission rules.

31  

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 1         c.  Supply, agree to supply, aid in supplying, or give

 2  away a blue crab trap tag unless duly authorized by commission

 3  rules.

 4         d.  Make, alter, forge, counterfeit, or reproduce a

 5  blue crab trap tag.

 6         e.  Possess an altered, forged, counterfeit, or

 7  imitation blue crab trap tag.

 8         f.  Possess a number of original trap tags or

 9  replacement trap tags, the sum of which exceeds by 1 percent

10  the number of traps allowed by commission rules.

11         g.  Engage in the commercial harvest of blue crabs

12  while the blue crab endorsements of the license holder are

13  under suspension or revocation.

14         2.  Immediately upon receiving a citation involving a

15  violation of this paragraph and until adjudicated for such a

16  violation, a commercial harvester is prohibited from

17  transferring any blue crab endorsement.

18         3.  A commercial harvester convicted of violating this

19  paragraph commits a felony of the third degree, punishable as

20  provided in s. 775.082, s. 775.083, or s. 775.084, shall also

21  be assessed an administrative penalty of up to $5,000, and is

22  immediately prohibited from transferring any blue crab

23  endorsement. All blue crab endorsements issued to a commercial

24  harvester convicted of violating this paragraph may be

25  suspended for up to 24 calendar months.

26         4.  Any other person convicted of violating this

27  paragraph commits a Level Four violation under s. 372.83.

28         (d)  Endorsement transfers; fraudulent reports;

29  penalties.--For a commercial harvester convicted of

30  fraudulently reporting the actual value of transferred blue

31  crab endorsements, the commission may automatically suspend or

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 1  permanently revoke the seller's or the purchaser's blue crab

 2  endorsements. If the endorsement is permanently revoked, the

 3  commission shall also permanently deactivate the endorsement

 4  holder's blue crab trap tag accounts.

 5         (e)  Prohibitions during endorsement suspension and

 6  revocation.--During any period of suspension or after

 7  revocation of a blue crab endorsement holder's endorsements,

 8  he or she shall, within 15 days after notice provided by the

 9  commission, remove from the water all traps subject to that

10  endorsement. Failure to do so shall extend the period of

11  suspension for an additional 6 calendar months.

12         (5)  For purposes of this section, a conviction is any

13  disposition other than acquittal or dismissal.

14         (6)  A blue crab endorsement may not be renewed until

15  all fees and administrative penalties imposed under this

16  section are paid.

17         (7)  Subsections (3), (4), (5), and (6) shall expire on

18  July 1, 2009, unless reenacted by the Legislature during the

19  2009 Regular Session.

20         Section 8.  For the 2007-2008 fiscal year, the sum of

21  $132,000 is appropriated from the Marine Resources

22  Conservation Trust Fund to the Fish and Wildlife Conservation

23  Commission on a recurring basis for the purpose of

24  implementing the blue crab effort management program pursuant

25  to s. 370.135(3)(b), Florida Statutes, and for the

26  administrative costs of the Blue Crab Advisory Board created

27  by commission rule.

28         Section 9.  Subsections (2) and (3) of section 370.14,

29  Florida Statutes, are amended to read:

30         370.14  Spiny lobster; regulation.--

31  

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 1         (2)(a)1.  Each commercial harvester taking or

 2  attempting to take spiny lobster with a trap in commercial

 3  quantities or for commercial purposes shall obtain and exhibit

 4  a spiny lobster endorsement trap number, as required by the

 5  Fish and Wildlife Conservation Commission. The annual fee for

 6  a spiny lobster endorsement trap number is $125. This

 7  endorsement trap number may be issued by the commission upon

 8  the receipt of application by the commercial harvester when

 9  accompanied by the payment of the fee. The design of the

10  applications and of the endorsement trap number shall be

11  determined by the commission. Any trap or device used in

12  taking or attempting to take spiny lobster, other than a trap

13  with the endorsement trap number, shall be seized and

14  destroyed by the commission. The proceeds of the fees imposed

15  by this paragraph shall be deposited and used as provided in

16  paragraph (b). The commission may adopt rules to carry out the

17  intent of this section.

18         2.  Each commercial harvester taking or attempting to

19  take spiny lobster in commercial quantities or for commercial

20  purposes by any method, other than with a trap having a spiny

21  lobster endorsement trap number issued by the commission, must

22  pay an annual fee of $100.

23         (b)  Twenty-five dollars of the $125 fee for a spiny

24  lobster endorsement trap number required under subparagraph

25  (a)1. must be used only for trap retrieval as provided in s.

26  370.143. The remainder of the fees collected under pursuant to

27  paragraph (a) shall be deposited as follows:

28         1.  Fifty percent of the fees collected shall be

29  deposited in the Marine Resources Conservation Trust Fund for

30  use in enforcing the provisions of paragraph (a) through

31  aerial and other surveillance and trap retrieval.

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 1         2.  Fifty percent of the fees collected shall be

 2  deposited as provided in s. 370.142(5).

 3         (3)  The spiny lobster endorsement license must be on

 4  board the boat, and both the endorsement license and the

 5  harvested spiny lobster shall be subject to inspection at all

 6  times. Only one endorsement license shall be issued for each

 7  boat. The spiny lobster endorsement license number must be

 8  prominently displayed above the topmost portion of the boat so

 9  as to be easily and readily identified.

10         Section 10.  Section 370.1405, Florida Statutes, is

11  amended to read:

12         370.1405  Spiny lobster Crawfish reports by dealers

13  during closed season required.--

14         (1)  Within 3 days after the commencement of the closed

15  season for the taking of spiny lobster saltwater crawfish,

16  each and every seafood dealer, either retail or wholesale,

17  intending to possess whole spiny lobster crawfish, spiny

18  lobster crawfish tails, or spiny lobster crawfish meat during

19  closed season shall submit to the Fish and Wildlife

20  Conservation Commission, on forms provided by the commission,

21  a sworn report of the quantity, in pounds, of saltwater whole

22  spiny lobster crawfish, spiny lobster crawfish tails, and

23  spiny lobster crawfish meat in the dealer's name or possession

24  as of the date the season closed. This report shall state the

25  location and number of pounds of whole spiny lobster crawfish,

26  spiny lobster crawfish tails, and spiny lobster crawfish meat.

27  The commission shall not accept any reports not delivered or

28  postmarked by midnight of the 3rd calendar day after the

29  commencement of the closed season, and any stocks of spiny

30  lobster crawfish reported therein are declared a nuisance and

31  may be seized by the commission.

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 1         (2)  Failure to submit a report as described in

 2  subsection (1) or reporting a greater or lesser amount of

 3  whole spiny lobster crawfish, spiny lobster crawfish tails, or

 4  spiny lobster crawfish meat than is actually in the dealer's

 5  possession or name is a major violation of this chapter,

 6  punishable as provided in s. 370.021(1), s. 370.07(6)(b), or

 7  both. The commission shall seize the entire supply of

 8  unreported or falsely reported whole spiny lobster crawfish,

 9  spiny lobster crawfish tails, or spiny lobster crawfish meat,

10  and shall carry the same before the court for disposal. The

11  dealer shall post a cash bond in the amount of the fair value

12  of the entire quantity of unreported or falsely reported spiny

13  lobster crawfish as determined by the judge. After posting the

14  cash bond, the dealer shall have 24 hours to transport said

15  products outside the limits of Florida for sale as provided by

16  s. 370.061. Otherwise, the product shall be declared a

17  nuisance and disposed of by the commission according to law.

18         (3)  All dealers having reported stocks of spiny

19  lobster crawfish may sell or offer to sell such stocks of

20  spiny lobster crawfish; however, such dealers shall submit an

21  additional report on the last day of each month during the

22  duration of the closed season. Reports shall be made on forms

23  supplied by the commission. Each dealer shall state on this

24  report the number of pounds brought forward from the previous

25  report period, the number of pounds sold during the report

26  period, the number of pounds, if any, acquired from a licensed

27  wholesale dealer during the report period, and the number of

28  pounds remaining on hand. In every case, the amount of spiny

29  lobster crawfish sold plus the amount reported on hand shall

30  equal the amount acquired plus the amount reported remaining

31  on hand in the last submitted report. Copies of records or

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 1  invoices documenting the number of pounds acquired during the

 2  closed season must be maintained by the wholesale or retail

 3  dealer and shall be kept available for inspection by the

 4  commission for a period not less than 3 years from the date of

 5  the recorded transaction. Reports postmarked later than

 6  midnight on the 3rd calendar day of each month during the

 7  duration of the closed season will not be accepted by the

 8  commission. Dealers for which late supplementary reports are

 9  not accepted by the commission must show just cause why their

10  entire stock of whole spiny lobster crawfish, spiny lobster

11  crawfish tails, or spiny lobster crawfish meat should not be

12  seized by the commission. Whenever a dealer fails to timely

13  submit the monthly supplementary report as described in this

14  subsection, the dealer may be subject to the following civil

15  penalties:

16         (a)  For a first violation, the commission shall assess

17  a civil penalty of $500.

18         (b)  For a second violation within the same spiny

19  lobster crawfish closed season, the commission shall assess a

20  civil penalty of $1,000.

21         (c)  For a third violation within the same spiny

22  lobster crawfish closed season, the commission shall assess a

23  civil penalty of $2,500 and may seize said dealer's entire

24  stock of whole spiny lobster crawfish, spiny lobster crawfish

25  tails, or spiny lobster crawfish meat and carry the same

26  before the court for disposal. The dealer shall post a cash

27  bond in the amount of the fair value of the entire remaining

28  quantity of spiny lobster crawfish as determined by the judge.

29  After posting the cash bond, a dealer shall have 24 hours to

30  transport said products outside the limits of Florida for sale

31  as provided by s. 370.061. Otherwise, the product shall be

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 1  declared a nuisance and disposed of by the commission

 2  according to law.

 3         (4)  All seafood dealers shall at all times during the

 4  closed season make their stocks of whole spiny lobster

 5  crawfish, spiny lobster crawfish tails, or spiny lobster

 6  crawfish meat available for inspection by the commission.

 7         (5)  Each wholesale and retail dealer in whole spiny

 8  lobster crawfish, spiny lobster crawfish tails, or spiny

 9  lobster crawfish meat shall keep throughout the period of the

10  spiny lobster crawfish closed season copies of the bill of

11  sale or invoice covering each transaction involving whole

12  spiny lobster crawfish, spiny lobster crawfish tails, or spiny

13  lobster crawfish meat. Such invoices and bills shall be kept

14  available at all times for inspection by the commission.

15         (6)  The Fish and Wildlife Conservation Commission may

16  adopt rules incorporating by reference such forms as are

17  necessary to administer this section.

18         Section 11.  Subsection (2) of section 370.142, Florida

19  Statutes, is amended to read:

20         370.142  Spiny lobster trap certificate program.--

21         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

22  PENALTIES.--The Fish and Wildlife Conservation Commission

23  shall establish a trap certificate program for the spiny

24  lobster fishery of this state and shall be responsible for its

25  administration and enforcement as follows:

26         (a)  Transferable trap certificates.--Each holder of a

27  saltwater products license who uses traps for taking or

28  attempting to take spiny lobsters shall be required to have a

29  certificate on record for each trap possessed or used

30  therefor, except as otherwise provided in this section.

31  

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 1         1.  The Department of Environmental Protection shall

 2  initially allot such certificates to each licenseholder with a

 3  current crawfish trap number who uses traps. The number of

 4  such certificates allotted to each such licenseholder shall be

 5  based on the trap/catch coefficient established pursuant to

 6  trip ticket records generated under the provisions of s.

 7  370.06(2) over a 3-year base period ending June 30, 1991. The

 8  trap/catch coefficient shall be calculated by dividing the sum

 9  of the highest reported single license-year landings up to a

10  maximum of 30,000 pounds for each such licenseholder during

11  the base period by 700,000. Each such licenseholder shall then

12  be allotted the number of certificates derived by dividing his

13  or her highest reported single license-year landings up to a

14  maximum of 30,000 pounds during the base period by the

15  trap/catch coefficient. Nevertheless, no licenseholder with a

16  current crawfish trap number shall be allotted fewer than 10

17  certificates. However, certificates may only be issued to

18  individuals; therefore, all licenseholders other than

19  individual licenseholders shall designate the individual or

20  individuals to whom their certificates will be allotted and

21  the number thereof to each, if more than one. After initial

22  issuance, Trap certificates are transferable on a market basis

23  and may be transferred from one licenseholder to another for a

24  fair market value agreed upon between the transferor and

25  transferee. Each such transfer shall, within 72 hours thereof,

26  be recorded on a notarized form provided for that purpose by

27  the Fish and Wildlife Conservation Commission and hand

28  delivered or sent by certified mail, return receipt requested,

29  to the commission for recordkeeping purposes. In addition, In

30  order to cover the added administrative costs of the program

31  and to recover an equitable natural resource rent for the

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 1  people of the state, a transfer fee of $2 per certificate

 2  transferred shall be assessed against the purchasing

 3  licenseholder and sent by money order or cashier's check with

 4  the certificate transfer form. Also, in addition to the

 5  transfer fee, a surcharge of $5 per certificate transferred or

 6  25 percent of the actual market value, whichever is greater,

 7  given to the transferor shall be assessed the first time a

 8  certificate is transferred outside the original transferor's

 9  immediate family. No transfer of a certificate shall be

10  effective until the commission receives the notarized transfer

11  form and the transfer fee, including any surcharge, is paid.

12  The commission may establish by rule an amount of equitable

13  rent per trap certificate that shall be recovered as partial

14  compensation to the state for the enhanced access to its

15  natural resources. A rule establishing an amount of equitable

16  rent shall become effective only after approval by the

17  Legislature Final approval of such a rule shall be by the

18  Governor and Cabinet sitting as the Board of Trustees of the

19  Internal Improvement Trust Fund. In determining whether to

20  establish such a rent and, if so, the amount thereof, the

21  commission shall consider the amount of revenues annually

22  generated by certificate fees, transfer fees, surcharges, trap

23  license fees, and sales taxes, the demonstrated fair market

24  value of transferred certificates, and the continued economic

25  viability of the commercial lobster industry. All The proceeds

26  of equitable rent recovered must shall be deposited in the

27  Marine Resources Conservation Trust Fund and used by the

28  commission for research, management, and protection of the

29  spiny lobster fishery and habitat. A transfer fee may not be

30  assessed or required when the transfer is within a family as a

31  result of the death or disability of the certificate owner. A

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 1  surcharge will not be assessed for any transfer within an

 2  individual's immediate family.

 3         2.  No person, firm, corporation, or other business

 4  entity may control, directly or indirectly, more than 1.5

 5  percent of the total available certificates in any license

 6  year.

 7         3.  The commission shall maintain records of all

 8  certificates and their transfers and shall annually provide

 9  each licenseholder with a statement of certificates held.

10         4.  The number of trap tags issued annually to each

11  licenseholder shall not exceed the number of certificates held

12  by the licenseholder at the time of issuance, and such tags

13  and a statement of certificates held shall be issued

14  simultaneously.

15         5.  Beginning July 1, 2003, and applicable to the

16  2003-2004 lobster season and thereafter, It is unlawful for

17  any person to lease spiny lobster trap tags or certificates.

18         (b)  Trap tags.--Each trap used to take or attempt to

19  take spiny lobsters in state waters or adjacent federal waters

20  shall, in addition to the spiny lobster endorsement crawfish

21  trap number required by s. 370.14(2), have affixed thereto an

22  annual trap tag issued by the commission. Each such tag shall

23  be made of durable plastic or similar material and shall,

24  based on the number of certificates held, have stamped thereon

25  the owner's license number. To facilitate enforcement and

26  recordkeeping, such tags shall be issued each year in a color

27  different from that of each of the previous 3 years. The

28  annual certificate fee shall be $1 per certificate.

29  Replacement tags for lost or damaged tags may be obtained as

30  provided by rule of the commission. In the event of a major

31  natural disaster, such as a hurricane or major storm, which

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 1  causes massive trap losses within an area declared by the

 2  Governor to be a disaster emergency area, the commission may

 3  temporarily defer or waive replacement tag fees.

 4         (c)  Prohibitions; penalties.--

 5         1.  It is unlawful for a person to possess or use a

 6  spiny lobster trap in or on state waters or adjacent federal

 7  waters without having affixed thereto the trap tag required by

 8  this section. It is unlawful for a person to possess or use

 9  any other gear or device designed to attract and enclose or

10  otherwise aid in the taking of spiny lobster by trapping that

11  is not a trap as defined by commission rule.

12         2.  It is unlawful for a person to possess or use spiny

13  lobster trap tags without having the necessary number of

14  certificates on record as required by this section.

15         3.  It is unlawful for any person to willfully molest,

16  take possession of, or remove the contents of another

17  harvester's spiny lobster trap without the express written

18  consent of the trap owner available for immediate inspection.

19  Unauthorized possession of another's trap gear or removal of

20  trap contents constitutes theft.

21         a.  A commercial harvester who violates this

22  subparagraph shall be punished under ss. 370.021 and 370.14.

23  Any commercial harvester receiving a judicial disposition

24  other than dismissal or acquittal on a charge of theft of or

25  from a trap pursuant to this subparagraph or s. 370.1107

26  shall, in addition to the penalties specified in ss. 370.021

27  and 370.14 and the provisions of this section, permanently

28  lose all his or her saltwater fishing privileges, including

29  his or her saltwater products license, spiny lobster

30  endorsement, and all trap certificates allotted to him or her

31  

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 1  through this program. In such cases, trap certificates and

 2  endorsements are nontransferable.

 3         b.  Any commercial harvester receiving a judicial

 4  disposition other than dismissal or acquittal on a charge of

 5  willful molestation of a trap, in addition to the penalties

 6  specified in ss. 370.021 and 370.14, shall lose all saltwater

 7  fishing privileges for a period of 24 calendar months.

 8         c.  In addition, any commercial harvester charged with

 9  violating this subparagraph paragraph and receiving a judicial

10  disposition other than dismissal or acquittal for violating

11  this subparagraph or s. 370.1107 shall also be assessed an

12  administrative penalty of up to $5,000.

13  

14  Immediately upon receiving a citation for a violation

15  involving theft of or from a trap, or molestation of a trap,

16  and until adjudicated for such a violation or, upon receipt of

17  a judicial disposition other than dismissal or acquittal of

18  such a violation, the commercial harvester person, firm, or

19  corporation committing the violation is prohibited from

20  transferring any spiny lobster trap certificates and

21  endorsements.

22         4.  In addition to any other penalties provided in s.

23  370.021, a commercial harvester who violates the provisions of

24  this section or commission rules relating to spiny lobster

25  traps shall be punished as follows:

26         a.  If the first violation is for violation of

27  subparagraph 1. or subparagraph 2., the commission shall

28  assess an additional administrative penalty of up to $1,000

29  and the spiny lobster trap number issued pursuant to s.

30  370.14(2) or (6) may be suspended for the remainder of the

31  current license year. For all other first violations, the

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 1  commission shall assess an additional administrative penalty

 2  of up to $500.

 3         b.  For a second violation of subparagraph 1. or

 4  subparagraph 2. which occurs within 24 months of any previous

 5  such violation, the commission shall assess an additional

 6  administrative penalty of up to $2,000 and the spiny lobster

 7  endorsement trap number issued under pursuant to s. 370.14(2)

 8  or (6) may be suspended for the remainder of the current

 9  license year.

10         c.  For a third or subsequent violation of subparagraph

11  1., subparagraph 2., or subparagraph 3. which occurs within 36

12  months of any previous two such violations, the commission

13  shall assess an additional administrative penalty of up to

14  $5,000 and may suspend the spiny lobster endorsement trap

15  number issued under pursuant to s. 370.14(2) or (6) for a

16  period of up to 24 months or may revoke the spiny lobster

17  endorsement trap number and, if revoking the spiny lobster

18  endorsement trap number, may also proceed against the

19  licenseholder's saltwater products license in accordance with

20  the provisions of s. 370.021(2)(h).

21         d.  Any person assessed an additional administrative

22  penalty pursuant to this section shall within 30 calendar days

23  after notification:

24         (I)  Pay the administrative penalty to the commission;

25  or

26         (II)  Request an administrative hearing pursuant to the

27  provisions of ss. 120.569 and 120.57.

28         e.  The commission shall suspend the spiny lobster

29  endorsement trap number issued pursuant to s. 370.14(2) or (6)

30  for any person failing to comply with the provisions of

31  sub-subparagraph d.

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 1         5.a.  It is unlawful for any person to make, alter,

 2  forge, counterfeit, or reproduce a spiny lobster trap tag or

 3  certificate.

 4         b.  It is unlawful for any person to knowingly have in

 5  his or her possession a forged, counterfeit, or imitation

 6  spiny lobster trap tag or certificate.

 7         c.  It is unlawful for any person to barter, trade,

 8  sell, supply, agree to supply, aid in supplying, or give away

 9  a spiny lobster trap tag or certificate or to conspire to

10  barter, trade, sell, supply, aid in supplying, or give away a

11  spiny lobster trap tag or certificate unless such action is

12  duly authorized by the commission as provided in this chapter

13  or in the rules of the commission.

14         6.a.  Any commercial harvester who violates the

15  provisions of subparagraph 5., or any commercial harvester who

16  engages in the commercial harvest, trapping, or possession of

17  spiny lobster without a spiny lobster endorsement trap number

18  as required by s. 370.14(2) or (6) or during any period while

19  such spiny lobster endorsement trap number is under suspension

20  or revocation, commits a felony of the third degree,

21  punishable as provided in s. 775.082, s. 775.083, or s.

22  775.084.

23         b.  In addition to any penalty imposed pursuant to

24  sub-subparagraph a., the commission shall levy a fine of up to

25  twice the amount of the appropriate surcharge to be paid on

26  the fair market value of the transferred certificates, as

27  provided in subparagraph (a)1., on any commercial harvester

28  who violates the provisions of sub-subparagraph 5.c.

29         c.  In addition to any penalty imposed pursuant to

30  sub-subparagraph a., any commercial harvester receiving any

31  judicial disposition other than acquittal or dismissal for a

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 1  violation of subparagraph 5. shall be assessed an

 2  administrative penalty of up to $5,000, and the spiny lobster

 3  endorsement under which the violation was committed may be

 4  suspended for up to 24 calendar months. Immediately upon

 5  issuance of a citation involving a violation of subparagraph

 6  5. and until adjudication of such a violation, and after

 7  receipt of any judicial disposition other than acquittal or

 8  dismissal for such a violation, the commercial harvester

 9  holding the spiny lobster endorsement listed on the citation

10  is prohibited from transferring any spiny lobster trap

11  certificates.

12         d.c.  Any other person who violates the provisions of

13  subparagraph 5. commits a Level Four violation under s.

14  372.83.

15         7.  Any certificates for which the annual certificate

16  fee is not paid for a period of 3 years shall be considered

17  abandoned and shall revert to the commission. During any

18  period of trap reduction, any certificates reverting to the

19  commission shall become permanently unavailable and be

20  considered in that amount to be reduced during the next

21  license-year period. Otherwise, any certificates that revert

22  to the commission are to be reallotted in such manner as

23  provided by the commission.

24         8.  The proceeds of all administrative civil penalties

25  collected pursuant to subparagraph 4. and all fines collected

26  pursuant to sub-subparagraph 6.b. must shall be deposited into

27  the Marine Resources Conservation Trust Fund.

28         9.  All traps shall be removed from the water during

29  any period of suspension or revocation.

30  

31  

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 1         10.  Except as otherwise provided, any person who

 2  violates this paragraph commits a Level Two violation under s.

 3  372.83.

 4         (d)  No vested rights.--The trap certificate program

 5  shall not create vested rights in licenseholders whatsoever

 6  and may be altered or terminated as necessary to protect the

 7  spiny lobster resource, the participants in the fishery, or

 8  the public interest.

 9         Section 12.  Subsection (1) of section 861.021, Florida

10  Statutes, is amended to read:

11         861.021  Obstructing channels; misdemeanor.--

12         (1)  It is unlawful for any person to place any spiny

13  lobster crawfish, crab, or fish trap or set net or other

14  similar device with a buoy or marker attached so that said

15  buoy or marker obstructs the navigation of boats in channels

16  of the waters of the state which are marked by, and which

17  markers are continuously maintained by, the Coast Guard of the

18  United States.

19         (2)  Any person willfully violating the provision of

20  this section is guilty of a misdemeanor of the second degree,

21  punishable as provided in s. 775.082 or s. 775.083.

22         Section 13.  Section 370.143, Florida Statutes, is

23  amended to read:

24         370.143  Retrieval of spiny lobster, crawfish, and

25  stone crab, blue crab, and black sea bass traps during closed

26  season; commission authority; fees.--

27         (1)  The Fish and Wildlife Conservation Commission is

28  authorized to implement a trap retrieval program for retrieval

29  of spiny lobster, crawfish, and stone crab, blue crab, and

30  black sea bass traps remaining in the water during the closed

31  

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 1  season for each species. The commission is authorized to

 2  contract with outside agents for the program operation.

 3         (2)  A retrieval fee of $10 per trap retrieved shall be

 4  assessed trap owners. However, for each person holding a spiny

 5  lobster endorsement, crawfish stamp number or a stone crab

 6  endorsement, or a blue crab endorsement issued under rule of

 7  the commission, the retrieval fee shall be waived for the

 8  first five traps retrieved. Traps recovered under this program

 9  shall become the property of the commission or its contract

10  agent, as determined by the commission, and shall be either

11  destroyed or resold to the original owner. Revenue from

12  retrieval fees must shall be deposited in the Marine Resources

13  Conservation Trust Fund and used solely for operation of the

14  trap retrieval program.

15         (3)  Payment of all assessed retrieval fees shall be

16  required prior to renewal of the trap owner's saltwater

17  products license and stone crab and or crawfish endorsements.

18  Retrieval fees assessed under this program shall stand in lieu

19  of other penalties imposed for such trap violations.

20         (4)  In the event of a major natural disaster, such as

21  a hurricane or major storm, which causes major trap losses

22  within an area declared by the Governor to be a disaster

23  emergency area, the commission shall waive the trap retrieval

24  fee. In the event of a major natural disaster in an area

25  declared by the Governor to be a disaster emergency area, such

26  as a hurricane or major storm causing massive trap losses, the

27  commission shall waive the trap retrieval fee.

28         Section 14.  Section 372.09, Florida Statutes, is

29  amended to read:

30         372.09  State Game Trust Fund.--The funds resulting

31  from the operation of the commission and from the

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 1  administration of the laws and regulations pertaining to

 2  birds, game, fur-bearing animals, freshwater fish, reptiles,

 3  and amphibians, together with any other funds specifically

 4  provided for such purposes shall constitute the State Game

 5  Trust Fund and shall be used by the commission as it shall

 6  deem fit in carrying out the provisions hereof and for no

 7  other purposes, except that annual use fees deposited into the

 8  trust fund from the sale of the Largemouth Bass license plate

 9  may be expended for the purposes provided under s.

10  320.08058(18). The commission may not obligate itself beyond

11  the current resources of the State Game Trust Fund unless

12  specifically so authorized by the Legislature.

13         Section 15.  Paragraph (d) is added to subsection (2)

14  of section 372.672, Florida Statutes, to read:

15         372.672  Florida Panther Research and Management Trust

16  Fund.--

17         (2)  Money from the fund shall be spent only for the

18  following purposes:

19         (d)  To promote and market the panther license plate

20  authorized under s. 320.08058.

21         Section 16.  Paragraph (a) of subsection (2) and

22  paragraph (a) of subsection (4) of section 372.83, Florida

23  Statutes, are amended to read:

24         372.83  Penalties and violations; civil penalties for

25  noncriminal infractions; criminal penalties; suspension and

26  forfeiture of licenses and permits.--

27         (2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level

28  Two violation if he or she violates any of the following

29  provisions:

30  

31  

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 1         1.  Rules or orders of the commission relating to

 2  seasons or time periods for the taking of wildlife, freshwater

 3  fish, or saltwater fish.

 4         2.  Rules or orders of the commission establishing bag,

 5  possession, or size limits or restricting methods of taking

 6  wildlife, freshwater fish, or saltwater fish.

 7         3.  Rules or orders of the commission prohibiting

 8  access or otherwise relating to access to wildlife management

 9  areas or other areas managed by the commission.

10         4.  Rules or orders of the commission relating to the

11  feeding of wildlife, freshwater fish, or saltwater fish.

12         5.  Rules or orders of the commission relating to

13  landing requirements for freshwater fish or saltwater fish.

14         6.  Rules or orders of the commission relating to

15  restricted hunting areas, critical wildlife areas, or bird

16  sanctuaries.

17         7.  Rules or orders of the commission relating to

18  tagging requirements for game and fur-bearing animals.

19         8.  Rules or orders of the commission relating to the

20  use of dogs for the taking of game.

21         9.  Rules or orders of the commission which are not

22  otherwise classified.

23         10.  All prohibitions in chapter 370 which are not

24  otherwise classified.

25         11.  Section 370.028, prohibiting the violation of or

26  noncompliance with commission rules.

27         12.  Section 370.021(6) prohibiting the sale, purchase,

28  harvest, or attempted harvest of any saltwater product with

29  intent to sell.

30         13.  Section 370.08, prohibiting the obstruction of

31  waterways with net gear.

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 1         14.  Section 370.1105, prohibiting the unlawful use of

 2  finfish traps.

 3         15.  Section 370.1121, prohibiting the unlawful taking

 4  of bonefish.

 5         16.  Section 370.13(2)(a) and (b), prohibiting the

 6  possession or use of stone crab traps without trap tags and

 7  theft of trap contents or gear.

 8         17.  Section 370.135(4)(b) 370.135(1)(c), prohibiting

 9  the theft of blue crab trap contents or trap gear.

10         18.  Section 370.142(2)(c), prohibiting the possession

11  or use of spiny lobster traps without trap tags or

12  certificates and theft of trap contents or trap gear.

13         19.  Section 372.5704, prohibiting the possession of

14  tarpon without purchasing a tarpon tag.

15         20.  Section 372.667, prohibiting the feeding or

16  enticement of alligators or crocodiles.

17         21.  Section 372.705, prohibiting the intentional

18  harassment of hunters, fishers, or trappers.

19         (4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a

20  Level Four violation if he or she violates any of the

21  following provisions:

22         1.  Section 370.13(2)(c), prohibiting criminal

23  activities relating to the taking of stone crabs.

24         2.  Section 370.135(4)(c) 370.135(1)(b), prohibiting

25  criminal activities relating to the taking and harvesting of

26  blue crabs the willful molestation of blue crab gear.

27         3.  Section 370.14(4), prohibiting the willful

28  molestation of spiny lobster gear.

29         4.  Section 370.142(2)(c)5., prohibiting the unlawful

30  reproduction, possession, sale, trade, or barter of spiny

31  lobster trap tags or certificates.

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 1         5.  Section 372.57(16), prohibiting the making,

 2  forging, counterfeiting, or reproduction of a recreational

 3  license or possession of same without authorization from the

 4  commission.

 5         6.  Section 372.99(5), prohibiting the sale of

 6  illegally-taken deer or wild turkey.

 7         7.  Section 372.99022, prohibiting the molestation or

 8  theft of freshwater fishing gear.

 9         Section 17.  For the purpose of incorporating the

10  amendments made by this act to section 320.08058, Florida

11  Statutes, in a reference thereto, paragraph (c) of subsection

12  (1) of section 380.511, Florida Statutes, is reenacted to

13  read:

14         380.511  Florida Communities Trust Fund.--

15         (1)  There is created the Florida Communities Trust

16  Fund as a nonlapsing, revolving fund for projects, activities,

17  acquisitions, and operating expenses necessary to carry out

18  this part.  The fund shall be held and administered by the

19  trust.  The following shall be credited to or deposited in the

20  Florida Communities Trust Fund:

21         (c)  Proceeds from the sale of environmental license

22  plates authorized in s. 320.08058(5).

23         Section 18.  Paragraph (a) of subsection (8) of section

24  20.331, Florida Statutes, is amended to read:

25         20.331  Fish and Wildlife Conservation Commission.--

26         (8)  ADEQUATE DUE PROCESS PROCEDURES.--

27         (a)  The commission shall adopt a rule establishing

28  adequate due process procedures to be accorded to any party,

29  as defined in s. 120.52, whose substantial interests are

30  affected by any action of the commission in the performance of

31  its constitutional duties and responsibilities and the

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 1  adequate due process procedures adopted by rule shall be

 2  published in the Florida Administrative Code. The commission

 3  shall implement a system of adequate due process procedures to

 4  be accorded to any party, as defined in s. 120.52, whose

 5  substantial interests will be affected by any action of the

 6  commission in the performance of its constitutional duties or

 7  responsibilities.

 8         Section 19.  This act shall take effect July 1, 2007.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                          CS/CS/SB 1980

12                                 

13  Corrects the ability of the Fish and Wildlife Conservation
    Commission to buy back the "Save the Manatee" specialty
14  license plate.

15  Deletes the license revocation provision in the spiny lobster
    program for first offenses, conforming to the blue crab and
16  stone crab programs.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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