Florida Senate - 2016                                    SB 1282
       
       
        
       By Senator Dean
       
       5-00724A-16                                           20161282__
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending s. 379.101, F.S.; defining the
    4         term “fish and wildlife”; amending s. 379.2223, F.S.;
    5         revising penalties for violations of commission rules
    6         relating to control and management of state game
    7         lands; amending s. 379.2257, F.S.; revising penalties
    8         for violations of commission rules relating to
    9         cooperative agreements with the United States Forest
   10         Service; amending s. 379.2425, F.S.; authorizing
   11         exceptions to the prohibition on spearfishing;
   12         specifying penalties for violating the prohibition;
   13         amending s. 379.29, F.S.; revising penalties related
   14         to the contamination of fresh waters; amending s.
   15         379.295, F.S.; specifying penalties associated with
   16         the prohibition on the use of explosives and other
   17         substances injurious to fish; amending s. 379.33,
   18         F.S.; deleting penalty provisions associated with the
   19         general enforcement of commission rules; amending s.
   20         379.3502, F.S.; deleting a provision regarding the
   21         alteration of licenses or permits; specifying
   22         penalties for the unlawful transfer of a license or
   23         permit; amending s. 379.3503, F.S.; specifying
   24         penalties for swearing or affirming a false statement
   25         in an application for a license or permit; amending s.
   26         379.3504, F.S.; specifying penalties for entering
   27         false information on an application for a license or
   28         permit; amending s. 379.3511, F.S.; revising penalties
   29         for violations related to subagent sales of hunting,
   30         fishing, and trapping licenses and permits; amending
   31         s. 379.354, F.S.; specifying penalties for violations
   32         related to recreational licenses, permits, and
   33         authorization numbers; amending s. 379.357, F.S.;
   34         providing that the purchase of a tarpon tag does not
   35         accord the purchaser with certain rights; revising
   36         penalties related to the tarpon license program;
   37         amending s. 379.359, F.S.; authorizing, rather than
   38         requiring, the commission to retain a portion of
   39         voluntary contributions for Southeastern Guide Dogs,
   40         Inc.; amending s. 379.363, F.S.; specifying penalties
   41         for violations related to freshwater fish dealer
   42         licenses; amending s. 379.364, F.S.; specifying
   43         penalties for violations related to the licensure of
   44         fur and hide dealers; amending s. 379.365, F.S.;
   45         revising penalties for violations related to stone
   46         crabs; amending s. 379.3751, F.S.; specifying
   47         penalties for violations related to the taking and
   48         possession of alligators; amending s. 379.3752, F.S.;
   49         specifying penalties for violations of requirements
   50         related to tagging of alligators and alligator hides;
   51         amending s. 379.401, F.S.; revising the penalties
   52         associated with the violation of commission rules
   53         related to the filing of documentation; specifying
   54         penalties for the violation of commission rules or
   55         orders related to the return of unused Convention on
   56         the International Trade on Endangered Species (CITES)
   57         tags; authorizing imposition of a modified penalty for
   58         a specified offense if certain conditions are met;
   59         specifying that persons who commit certain Level One
   60         violations may be required to provide proof of a
   61         license or permit to satisfy a citation; providing
   62         that violations of commission rules or orders
   63         regarding all traps are Level Two violations unless
   64         otherwise specified; providing that violations of
   65         rules or orders of the commission relating certain
   66         alligator-related programs are Level Two violations;
   67         providing that certain specified unclassified
   68         violations are Level Two violations; revising the
   69         levels to which specified violations are assigned;
   70         revising penalty provisions for Level Four violations;
   71         specifying penalties for certain violations while
   72         engaged in trespass; specifying that certain fines
   73         collected for trespass violations be deposited in the
   74         State Game Trust Fund; repealing s. 379.403, F.S.,
   75         relating to the illegal killing, taking, possessing,
   76         or selling of wildlife or game and related fines;
   77         amending s. 379.409, F.S.; revising penalties for the
   78         illegal killing, possessing, or capturing of
   79         alligators or other crocodilia or crocodilian eggs;
   80         amending s. 379.411, F.S.; revising penalties for the
   81         unlawful intentional killing or wounding of any
   82         species designated as endangered, threatened, or of
   83         special concern; amending s. 379.4115, F.S.; revising
   84         penalties for the killing of Florida or wild panthers;
   85         amending ss. 379.3004, 379.337, 589.19, and 810.09,
   86         F.S.; conforming cross-references; providing an
   87         effective date.
   88          
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Present subsections (14) through (39) of section
   92  379.101, Florida Statutes, are redesignated as subsections (15)
   93  through (40), respectively, and a new subsection (14) is added
   94  to that section, to read:
   95         379.101 Definitions.—In construing these statutes, where
   96  the context does not clearly indicate otherwise, the word,
   97  phrase, or term:
   98         (14) “Fish and wildlife” means any member of the animal
   99  kingdom, including, but not limited to, any mammal, fish, bird,
  100  amphibian, reptile, mollusk, crustacean, arthropod, or other
  101  invertebrate.
  102         Section 2. Subsection (2) of section 379.2223, Florida
  103  Statutes, is amended to read:
  104         379.2223 Control and management of state game lands.—
  105         (2) Any person violating or otherwise failing to comply
  106  with any rule or regulation so adopted is subject to penalties
  107  as provided in s. 379.401 commits a misdemeanor of the second
  108  degree, punishable as provided in s. 775.082 or s. 775.083.
  109         Section 3. Subsection (3) of section 379.2257, Florida
  110  Statutes, is amended to read:
  111         379.2257 Cooperative agreements with United States U.S.
  112  Forest Service; penalty.—The Fish and Wildlife Conservation
  113  Commission is authorized and empowered:
  114         (3) In addition to the requirements of chapter 120, notice
  115  of the making, adoption, and promulgation of the above rules and
  116  regulations shall be given by posting said notices, or copies of
  117  the rules and regulations, in the offices of the county judges
  118  and in the post offices within the area to be affected and
  119  within 10 miles thereof. In addition to the posting of said
  120  notices, as aforesaid, copies of said notices or of said rules
  121  and regulations shall also be published in newspapers published
  122  at the county seats of Baker, Columbia, Marion, Lake, Putnam,
  123  and Liberty Counties, or so many thereof as have newspapers,
  124  once not more than 35 nor less than 28 days and once not more
  125  than 21 nor less than 14 days prior to the opening of the state
  126  hunting season in said areas. Any person violating any rules or
  127  regulations promulgated by the commission to cover these areas
  128  under cooperative agreements between the Fish and Wildlife
  129  Conservation Commission and the United States Forest Service is
  130  subject to penalties as provided in s. 379.401, none of which
  131  shall be in conflict with the laws of Florida, shall be guilty
  132  of a misdemeanor of the second degree, punishable as provided in
  133  s. 775.082 or s. 775.083.
  134         Section 4. Paragraph (a) of subsection (2) of section
  135  379.2425, Florida Statutes, is amended, and subsection (4) is
  136  added to that section, to read:
  137         379.2425 Spearfishing; definition; limitations; penalty.—
  138         (2)(a) Except as otherwise provided by commission rule or
  139  order, spearfishing is prohibited within the boundaries of the
  140  John Pennekamp Coral Reef State Park, the waters of Collier
  141  County, and the area in Monroe County known as Upper Keys, which
  142  includes all salt waters under the jurisdiction of the Fish and
  143  Wildlife Conservation Commission beginning at the county line
  144  between Miami-Dade and Monroe Counties and running south,
  145  including all of the keys down to and including Long Key.
  146         (4) A person who violates this section commits a Level Two
  147  violation under s. 379.401.
  148         Section 5. Subsection (2) of section 379.29, Florida
  149  Statutes, is amended to read:
  150         379.29 Contaminating fresh waters.—
  151         (2) A Any person, firm, or corporation violating any of the
  152  provisions of this section commits a Level Two violation under
  153  s. 379.401 shall be guilty of a misdemeanor of the second
  154  degree, punishable as provided in s. 775.082 or s. 775.083 for
  155  the first offense, and for the second or subsequent offense
  156  shall be guilty of a misdemeanor of the first degree, punishable
  157  as provided in s. 775.082 or s. 775.083.
  158         Section 6. Section 379.295, Florida Statutes, is amended to
  159  read:
  160         379.295 Use of explosives and other substances prohibited.
  161  No person may throw or place, or cause to be thrown or placed,
  162  any dynamite, lyddite, gunpowder, cannon cracker, acids,
  163  filtration discharge, debris from mines, Indian berries,
  164  sawdust, green walnuts, walnut leaves, creosote, oil, or other
  165  explosives or deleterious substance or force into the fresh
  166  waters of this state whereby fish therein are or may be injured.
  167  Nothing in this section may be construed as preventing the
  168  release of water slightly discolored by mining operations or
  169  water escaping from such operations as the result of
  170  providential causes. A person who violates this section commits
  171  a Level Two violation under s. 379.401.
  172         Section 7. Section 379.33, Florida Statutes, is amended to
  173  read:
  174         379.33 Enforcement of commission rules; penalties for
  175  violation of rule.—Rules of the Fish and Wildlife Conservation
  176  Commission shall be enforced by any law enforcement officer
  177  certified pursuant to s. 943.13. Except as provided under s.
  178  379.401, any person who violates or otherwise fails to comply
  179  with any rule adopted by the commission shall be punished
  180  pursuant to s. 379.407(1).
  181         Section 8. Section 379.3502, Florida Statutes, is amended
  182  to read:
  183         379.3502 License and permit not transferable.—A person may
  184  not alter or change in any manner, or loan or transfer to
  185  another, unless otherwise provided, any license or permit issued
  186  pursuant to the provisions of this chapter, and such license or
  187  permit may be used only by nor may any other person, other than
  188  the person to whom it is issued. A person who violates this
  189  section commits a Level Two violation under s. 379.401, use the
  190  same.
  191         Section 9. Section 379.3503, Florida Statutes, is amended
  192  to read:
  193         379.3503 False statement in application for license or
  194  permit.—A Any person who swears or affirms to any false
  195  statement in any application for license or permit provided by
  196  this chapter commits a Level Two violation under s. 379.401, is
  197  guilty of violating this chapter, and shall be subject to the
  198  penalty provided in s. 379.401, and any false statement
  199  contained in any application for such license or permit renders
  200  the license or permit void.
  201         Section 10. Section 379.3504, Florida Statutes, is amended
  202  to read:
  203         379.3504 Entering false information on licenses or
  204  permits.—Whoever knowingly and willfully enters false
  205  information on, or allows or causes false information to be
  206  entered on or shown upon, any license or permit issued under the
  207  provisions of this chapter in order to avoid prosecution, or to
  208  assist another in avoiding to avoid prosecution, or for any
  209  other wrongful purpose commits a Level Two violation under s.
  210  379.401 shall be punished as provided in s. 379.401.
  211         Section 11.  Paragraphs (d), (e), and (f) of subsection (1)
  212  of section 379.3511, Florida Statutes, are amended, and a new
  213  subsection (4) is added to that section, to read:
  214         379.3511 Appointment of subagents for the sale of hunting,
  215  fishing, and trapping licenses and permits.—
  216         (1) Subagents shall serve at the pleasure of the
  217  commission. The commission may establish, by rule, procedures
  218  for the selection and appointment of subagents. The following
  219  are requirements for subagents so appointed:
  220         (d) Any person who willfully violates any of the provisions
  221  of this section commits a misdemeanor of the second degree,
  222  punishable as provided in s. 775.082 or s. 775.083.
  223         (d)(e) A subagent may charge and receive as his or her
  224  compensation 50 cents for each license or permit sold. This
  225  charge is in addition to the sum required by law to be collected
  226  for the sale and issuance of each license or permit. This charge
  227  does not apply to the shoreline fishing license; however, for
  228  each shoreline fishing license issued, the subagent may retain
  229  50 cents from other license proceeds otherwise due the
  230  commission.
  231         (e)(f) A subagent shall submit payment for and report the
  232  sale of licenses and permits to the commission as prescribed by
  233  the commission.
  234         (4) A person who willfully violates this section commits a
  235  Level Two violation under s. 379.401.
  236         Section 12. Subsection (18) is added to section 379.354,
  237  Florida Statutes, to read:
  238         379.354 Recreational licenses, permits, and authorization
  239  numbers; fees established.—
  240         (18)PENALTY.—Unless otherwise provided, a person who
  241  violates this section commits a Level One violation under s.
  242  379.401.
  243         Section 13. Subsections (3) through (7) of section 379.357,
  244  Florida Statutes, are amended to read:
  245         379.357 Fish and Wildlife Conservation Commission license
  246  program for tarpon; fees; penalties.—
  247         (3) An individual may not take, kill, or possess any fish
  248  of the species Megalops atlanticus, commonly known as tarpon,
  249  unless the individual has purchased a tarpon tag and securely
  250  attached it through the lower jaw of the fish.
  251         (4) Any individual including a taxidermist who possesses a
  252  tarpon which does not have a tag securely attached as required
  253  by this section commits a Level Two violation under s. 379.401.
  254  Provided, however, A taxidermist may remove the tag during the
  255  process of mounting a tarpon, but the tag must. The removed tag
  256  shall remain with the fish during any subsequent storage or
  257  shipment. Purchase of a tarpon tag does not give the purchaser
  258  any right to harvest or possess tarpon in contravention of
  259  commission rule. A person who violates this subsection commits a
  260  Level Two violation under s. 379.401.
  261         (4)(5)An Purchase of a tarpon tag shall not accord the
  262  purchaser any right to harvest or possess tarpon in
  263  contravention of rules adopted by the commission. No individual
  264  may not sell, offer for sale, barter, exchange for merchandise,
  265  transport for sale, either within or without the state, offer to
  266  purchase, or purchase any species of fish known as tarpon. A
  267  person who violates this subsection commits a Level Three
  268  violation under s. 379.401.
  269         (5)(6) The commission shall prescribe and provide suitable
  270  forms and tags necessary to administer carry out the provisions
  271  of this section.
  272         (6)(7)The provisions of This section does shall not apply
  273  to a person anyone who immediately returns a tarpon, uninjured,
  274  to the water at the place where the fish was caught.
  275         Section 14. Section 379.359, Florida Statutes, is amended
  276  to read:
  277         379.359 License application provision for voluntary
  278  contribution to Southeastern Guide Dogs, Inc.—The application
  279  for any license for recreational activities issued under this
  280  part must include a check-off provision that permits the
  281  applicant for licensure to make a voluntary contribution of $2.
  282  The Fish and Wildlife Conservation Commission may shall retain
  283  up to 90 cents from each contribution to cover administrative
  284  costs. The remainder shall be distributed quarterly by the Fish
  285  and Wildlife Conservation Commission to Southeastern Guide Dogs,
  286  Inc., located in Palmetto. Southeastern Guide Dogs, Inc., shall
  287  use the contributions to breed, raise, and train guide dogs for
  288  the blind, specifically for the “Paws for Patriots” program,
  289  including in-residence training for veterans who are provided
  290  guide dogs by Southeastern Guide Dogs, Inc.
  291         Section 15. Subsection (4) is added to section 379.363,
  292  Florida Statutes, to read:
  293         379.363 Freshwater fish dealer’s license.—
  294         (4)A person who violates this section commits a Level Two
  295  violation under s. 379.401.
  296         Section 16. Subsection (5) is added to section 379.364,
  297  Florida Statutes, to read:
  298         379.364 License required for fur and hide dealers.—
  299         (5) A person who violates this section commits a Level Two
  300  violation under s. 379.401.
  301         Section 17. Paragraph (a) of subsection (2) of section
  302  379.365, Florida Statutes, is amended to read:
  303         379.365 Stone crab; regulation.—
  304         (2) PENALTIES.—For purposes of this subsection, conviction
  305  is any disposition other than acquittal or dismissal, regardless
  306  of whether the violation was adjudicated under any state or
  307  federal law.
  308         (a) It is unlawful to violate commission rules regulating
  309  stone crab trap certificates and trap tags. A No person may not
  310  use an expired tag or a stone crab trap tag not issued by the
  311  commission or possess or use a stone crab trap in or on state
  312  waters or adjacent federal waters without having a trap tag
  313  required by the commission firmly attached to the trap thereto.
  314         1. In addition to any other penalties provided in s.
  315  379.407, the following administrative penalties apply to a for
  316  any commercial harvester who violates this paragraph:, the
  317  following administrative penalties apply.
  318         1.a. For a first violation, the commission shall assess an
  319  administrative penalty of up to $1,000.
  320         2.b. For a second violation that occurs within 24 months of
  321  any previous such violation, the commission shall assess an
  322  administrative penalty of up to $2,000 and the stone crab
  323  endorsement under which the violation was committed may be
  324  suspended for 12 calendar months.
  325         3.c. For a third violation that occurs within 36 months of
  326  any previous two such violations, the commission shall assess an
  327  administrative penalty of up to $5,000 and the stone crab
  328  endorsement under which the violation was committed may be
  329  suspended for 24 calendar months.
  330         4.d. A fourth violation that occurs within 48 months of any
  331  three previous such violations, shall result in permanent
  332  revocation of all of the violator’s saltwater fishing
  333  privileges, including having the commission proceed against the
  334  endorsement holder’s saltwater products license in accordance
  335  with s. 379.407.
  336         2. Any other person who violates the provisions of this
  337  paragraph commits a Level Two violation under s. 379.401.
  338  
  339  Any commercial harvester assessed an administrative penalty
  340  under this paragraph shall, within 30 calendar days after
  341  notification, pay the administrative penalty to the commission,
  342  or request an administrative hearing under ss. 120.569 and
  343  120.57. The proceeds of all administrative penalties collected
  344  under this paragraph shall be deposited in the Marine Resources
  345  Conservation Trust Fund.
  346         Section 18. Subsection (5) is added to section 379.3751,
  347  Florida Statutes, to read:
  348         379.3751 Taking and possession of alligators; trapping
  349  licenses; fees.—
  350         (5) A person who violates this section commits a Level Two
  351  violation under s. 379.401.
  352         Section 19. Subsection (3) is added to section 379.3752,
  353  Florida Statutes, to read:
  354         379.3752 Required tagging of alligators and hides; fees;
  355  revenues.—The tags provided in this section shall be required in
  356  addition to any license required under s. 379.3751.
  357         (3) A person who violates this section commits a Level Two
  358  violation under s. 379.401.
  359         Section 20. Section 379.401, Florida Statutes, is amended
  360  to read:
  361         379.401 Penalties and violations; civil penalties for
  362  noncriminal infractions; criminal penalties; suspension and
  363  forfeiture of licenses and permits.—
  364         (1)(a) LEVEL ONE VIOLATIONS.—A person commits a Level One
  365  violation if he or she violates any of the following provisions:
  366         1. Rules or orders of the commission relating to the filing
  367  of reports or other documents required to be filed by persons
  368  who hold any recreational licenses and permits or any alligator
  369  licenses and permits issued by the commission.
  370         2. Rules or orders of the commission relating to quota hunt
  371  permits, daily use permits, hunting zone assignments, camping,
  372  alcoholic beverages, vehicles, and check stations within
  373  wildlife management areas or other areas managed by the
  374  commission.
  375         3. Rules or orders of the commission relating to daily use
  376  permits, alcoholic beverages, swimming, possession of firearms,
  377  operation of vehicles, and watercraft speed within fish
  378  management areas managed by the commission.
  379         4. Rules or orders of the commission relating to vessel
  380  size or specifying motor restrictions on specified water bodies.
  381         5. Rules or orders of the commission requiring the return
  382  of unused Convention on the International Trade on Endangered
  383  Species (CITES) tags issued under the Statewide Alligator
  384  Harvest Program or the Statewide Nuisance Alligator Program.
  385         7.5. Section 379.354(1)-(15), providing for recreational
  386  licenses to hunt, fish, and trap.
  387         8.6. Section 379.3581, providing hunter safety course
  388  requirements.
  389         6.7. Section 379.3003, prohibiting deer hunting unless
  390  required clothing is worn.
  391         (b) A person who commits a Level One violation commits a
  392  noncriminal infraction and shall be cited to appear before the
  393  county court.
  394         (c)1. The civil penalty for committing a Level One
  395  violation involving the license and permit requirements of s.
  396  379.354 is $50 plus the cost of the license or permit, unless
  397  subparagraph 2. applies. Alternatively, a person who violates
  398  the license and permit requirements of s. 379.354 and who is
  399  subject to the penalties imposed by this subparagraph, except a
  400  person who violates s. 379.354(6), (7), (8)(f), or (8)(h), may
  401  purchase the license or permit and shall provide proof of such
  402  license or permit and pay a civil penalty of $50.
  403         2. The civil penalty for committing a Level One violation
  404  involving the license and permit requirements of s. 379.354 is
  405  $250 $100 plus the cost of the license or permit if the person
  406  cited has previously committed the same Level One violation
  407  within the preceding 36 months. Alternatively, a person who
  408  violates the license and permit requirements of s. 379.354 and
  409  who is subject to the penalties imposed by this subparagraph,
  410  except a person who violates s. 379.354(6), (7), (8)(f), or
  411  (8)(h), may purchase the license or permit and shall provide
  412  proof of such license or permit and pay a civil penalty of $250.
  413         (d)1. The civil penalty for any other Level One violation
  414  is $50 unless subparagraph 2. applies.
  415         2. The civil penalty for any other Level One violation is
  416  $250 $100 if the person cited has previously committed the same
  417  Level One violation within the preceding 36 months.
  418         (e) A person cited for a Level One violation shall sign and
  419  accept a citation to appear before the county court. The issuing
  420  officer may indicate on the citation the time and location of
  421  the scheduled hearing and shall indicate the applicable civil
  422  penalty.
  423         (f) A person cited for a Level One violation may pay the
  424  civil penalty, and, if applicable, provide proof of the license
  425  or permit required under s. 379.354, by mail or in person,
  426  within 30 days after receipt of the citation. If the civil
  427  penalty is paid, the person is shall be deemed to have admitted
  428  committing the Level One violation and to have waived his or her
  429  right to a hearing before the county court. Such admission may
  430  not be used as evidence in any other proceedings except to
  431  determine the appropriate fine for any subsequent violation
  432  violations.
  433         (g) A person who refuses to accept a citation, who fails to
  434  pay the civil penalty for a Level One violation, or who fails to
  435  appear before a county court as required commits a misdemeanor
  436  of the second degree, punishable as provided in s. 775.082 or s.
  437  775.083.
  438         (h) A person who elects to, or is required to, appear
  439  before the county court is or who is required to appear before
  440  the county court shall be deemed to have waived the limitations
  441  on civil penalties provided under paragraphs (c) and (d). After
  442  a hearing, the county court shall determine if a Level One
  443  violation has been committed;, and, if so, may impose a civil
  444  penalty of not less than $50 for a first-time violation, and not
  445  more than $500 for subsequent violations. A person found guilty
  446  of committing a Level One violation may appeal that finding to
  447  the circuit court. The commission of a violation must be proved
  448  beyond a reasonable doubt.
  449         (i) A person cited for violating the requirements of s.
  450  379.354 relating to personal possession of a license or permit
  451  may not be convicted if, prior to or at the time of a county
  452  court hearing, he or she the person produces the required
  453  license or permit for verification by the hearing officer or the
  454  court clerk. The license or permit must have been valid at the
  455  time the person was cited. The clerk or hearing officer may
  456  assess a $10 fee for costs under this paragraph.
  457         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
  458  violation if he or she violates any of the following provisions:
  459         1. Rules or orders of the commission relating to seasons or
  460  time periods for the taking of wildlife, freshwater fish, or
  461  saltwater fish.
  462         2. Rules or orders of the commission establishing bag,
  463  possession, or size limits or restricting methods of taking
  464  wildlife, freshwater fish, or saltwater fish.
  465         3. Rules or orders of the commission prohibiting access or
  466  otherwise relating to access to wildlife management areas or
  467  other areas managed by the commission.
  468         4. Rules or orders of the commission relating to the
  469  feeding of saltwater fish.
  470         5. Rules or orders of the commission relating to landing
  471  requirements for freshwater fish or saltwater fish.
  472         6. Rules or orders of the commission relating to restricted
  473  hunting areas, critical wildlife areas, or bird sanctuaries.
  474         7. Rules or orders of the commission relating to tagging
  475  requirements for wildlife and fur-bearing animals.
  476         8. Rules or orders of the commission relating to the use of
  477  dogs for the taking of wildlife.
  478         9. Rules or orders of the commission which are not
  479  otherwise classified.
  480         10. Rules or orders of the commission prohibiting the
  481  unlawful use of finfish traps, unless otherwise provided by law.
  482         11. Rules or orders of the commission which require the
  483  maintenance of records relating to alligators.
  484         12. Rules or orders of the commission requiring the return
  485  of unused CITES tags issued under an alligator management
  486  program other than the Statewide Alligator Harvest Program or
  487  Statewide Nuisance Alligator Program.
  488         13.11. All requirements or prohibitions in this chapter
  489  which are not otherwise classified.
  490         12. Section 379.33, prohibiting the violation of or
  491  noncompliance with commission rules.
  492         13. Section 379.407(7), prohibiting the sale, purchase,
  493  harvest, or attempted harvest of any saltwater product with
  494  intent to sell.
  495         15.14. Section 379.2421, relating to fishers and equipment,
  496  unless otherwise provided in that section prohibiting the
  497  obstruction of waterways with net gear.
  498         31.15. Section 379.413, prohibiting the unlawful taking of
  499  bonefish.
  500         16.Section 379.2425, relating to spearfishing.
  501         17.Section 379.29, prohibiting the contamination of fresh
  502  waters.
  503         18.Section 379.295, prohibiting the use of explosives and
  504  other substances in fresh waters.
  505         19.Section 379.3502, prohibiting loaning, transferring, or
  506  using a borrowed or transferred license or permit.
  507         20.Section 379.3503, prohibiting false statements in an
  508  application for a license or permit.
  509         21.Section 379.3504, prohibiting entering false
  510  information on licenses or permits.
  511         22.Section 379.3511, relating to the sale of hunting,
  512  fishing, and trapping licenses and permits by subagents.
  513         23.Section 379.357(3), prohibiting the take, kill, or
  514  possession of tarpon without purchasing a tarpon tag.
  515         24.Section 379.363, relating to freshwater fish dealer’s
  516  licenses.
  517         25.Section 379.364, relating to licenses required for fur
  518  and hide dealers.
  519         26.16.Section 379.365(2)(b) Section 379.365(2)(a) and (b),
  520  prohibiting the possession or use of stone crab traps without
  521  trap tags and theft of stone crab trap contents or gear, unless
  522  otherwise provided in law.
  523         27.17. Section 379.366(4)(b), prohibiting the theft of blue
  524  crab trap contents or trap gear, unless otherwise provided in
  525  that section.
  526         28.18. Section 379.3671(2)(c), excluding subparagraph 5.,
  527  prohibiting the possession or use of spiny lobster traps without
  528  trap tags or certificates and theft of spiny lobster trap
  529  contents or trap gear, unless otherwise provided in that
  530  section.
  531         19. Section 379.357, prohibiting the possession of tarpon
  532  without purchasing a tarpon tag.
  533         14.20. Section 379.105, prohibiting the intentional
  534  harassment of hunters, fishers, or trappers.
  535         29.Section 379.3751, relating to required licenses for the
  536  taking and possession of alligators.
  537         30.Section 379.3752, relating to required tagging of
  538  alligators and hides.
  539         (b)1. A person who commits a Level Two violation but who
  540  has not been convicted of a Level Two or higher violation within
  541  the past 3 years commits a misdemeanor of the second degree,
  542  punishable as provided in s. 775.082 or s. 775.083.
  543         2. Unless the stricter penalties in subparagraph 3. or
  544  subparagraph 4. apply, a person who commits a Level Two
  545  violation within 3 years after a previous conviction for a Level
  546  Two or higher violation commits a misdemeanor of the first
  547  degree, punishable as provided in s. 775.082 or s. 775.083, with
  548  a minimum mandatory fine of $250.
  549         3. Unless the stricter penalties in subparagraph 4. apply,
  550  a person who commits a Level Two violation within 5 years after
  551  two previous convictions for a Level Two or higher violation,
  552  commits a misdemeanor of the first degree, punishable as
  553  provided in s. 775.082 or s. 775.083, with a minimum mandatory
  554  fine of $500 and a suspension of any recreational license or
  555  permit issued under s. 379.354 for 1 year. Such suspension shall
  556  include the suspension of the privilege to obtain such license
  557  or permit and the suspension of the ability to exercise any
  558  privilege granted under any exemption in s. 379.353.
  559         4. A person who commits a Level Two violation within 10
  560  years after three previous convictions for a Level Two or higher
  561  violation commits a misdemeanor of the first degree, punishable
  562  as provided in s. 775.082 or s. 775.083, with a minimum
  563  mandatory fine of $750 and a suspension of any recreational
  564  license or permit issued under s. 379.354 for 3 years. Such
  565  suspension shall include the suspension of the privilege to
  566  obtain such license or permit and the suspension of the ability
  567  to exercise any privilege granted under s. 379.353. If the
  568  recreational license or permit being suspended was an annual
  569  license or permit, any privileges under ss. 379.353 and 379.354
  570  may not be acquired for a 3-year period following the date of
  571  the violation.
  572         (3)(a) LEVEL THREE VIOLATIONS.—A person commits a Level
  573  Three violation if he or she violates any of the following
  574  provisions:
  575         1. Rules or orders of the commission prohibiting the sale
  576  of saltwater fish.
  577         2. Rules or orders of the commission prohibiting the
  578  illegal importation or possession of exotic marine plants or
  579  animals.
  580         9.3. Section 379.407(2), establishing major violations,
  581  unless otherwise provided in that section.
  582         10.4. Section 379.407(4), prohibiting the possession of
  583  certain finfish in excess of recreational daily bag limits,
  584  unless otherwise provided in that section.
  585         3.5. Section 379.28, prohibiting the importation of
  586  freshwater fish.
  587         5.6. Section 379.354(17), prohibiting the taking of game,
  588  freshwater fish, or saltwater fish while a required license is
  589  suspended or revoked.
  590         4.7. Section 379.3014, prohibiting the illegal sale or
  591  possession of alligators.
  592         6. Section 379.357(4), prohibiting the sale, transfer, or
  593  purchase of tarpon.
  594         7.8. Section 379.404(1), (3), and (6), prohibiting the
  595  illegal taking and possession of deer and wild turkey.
  596         8.9. Section 379.406, prohibiting the possession and
  597  transportation of commercial quantities of freshwater game fish.
  598         (b)1. A person who commits a Level Three violation but who
  599  has not been convicted of a Level Three or higher violation
  600  within the past 10 years commits a misdemeanor of the first
  601  degree, punishable as provided in s. 775.082 or s. 775.083.
  602         2. A person who commits a Level Three violation within 10
  603  years after a previous conviction for a Level Three or higher
  604  violation commits a misdemeanor of the first degree, punishable
  605  as provided in s. 775.082 or s. 775.083, with a minimum
  606  mandatory fine of $750 and a suspension of any recreational
  607  license or permit issued under s. 379.354 for the remainder of
  608  the period for which the license or permit was issued up to 3
  609  years. Such suspension shall include the suspension of the
  610  privilege to obtain such license or permit and the ability to
  611  exercise any privilege granted under s. 379.353. If the
  612  recreational license or permit being suspended was an annual
  613  license or permit, any privileges under ss. 379.353 and 379.354
  614  may not be acquired for a 3-year period following the date of
  615  the violation.
  616         3. A person who commits a violation of s. 379.354(17) shall
  617  receive a mandatory fine of $1,000. Any privileges under ss.
  618  379.353 and 379.354 may not be acquired for a 5-year period
  619  following the date of the violation.
  620         (4)(a) LEVEL FOUR VIOLATIONS.—A person commits a Level Four
  621  violation if he or she violates any of the following provisions:
  622         1. Section 379.354(16), prohibiting the making, forging,
  623  counterfeiting, or reproduction of a recreational license, or
  624  possession of a recreational license without authorization from
  625  the commission.
  626         2. Section 379.365(2)(c), prohibiting criminal activities
  627  relating to the taking of stone crabs, unless otherwise provided
  628  in that section.
  629         3.2. Section 379.366(4)(c), prohibiting criminal activities
  630  relating to the taking and harvesting of blue crabs, unless
  631  otherwise provided in that section.
  632         4.3. Section 379.367(4), prohibiting the willful
  633  molestation of spiny lobster gear, unless otherwise specified in
  634  that section.
  635         5.4. Section 379.3671(2)(c)5., prohibiting the unlawful
  636  reproduction, possession, sale, trade, or barter of spiny
  637  lobster trap tags or certificates, unless otherwise specified in
  638  that section.
  639         5. Section 379.354(16), prohibiting the making, forging,
  640  counterfeiting, or reproduction of a recreational license or
  641  possession of same without authorization from the commission.
  642         6. Section 379.404(5), prohibiting the sale of illegally
  643  taken deer or wild turkey.
  644         7. Section 379.405, prohibiting the molestation or theft of
  645  freshwater fishing gear.
  646         8. Section 379.409, prohibiting the unlawful killing,
  647  injuring, possessing, or capturing of alligators or other
  648  crocodilia or their eggs.
  649         9. Section 379.411, prohibiting the intentional killing or
  650  wounding of any species designated as endangered, threatened, or
  651  of special concern.
  652         10. Section 379.4115, prohibiting the killing of any
  653  Florida or wild panther.
  654         (b) A person who commits a Level Four violation commits a
  655  felony of the third degree, punishable as provided in s.
  656  775.082, or s. 775.083, or s. 775.084.
  657         (5) ILLEGAL ACTIVITIES WHILE COMMITTING BURGLARY OR
  658  TRESPASS.—In addition to any other penalty provided by law, a
  659  person who violates the criminal provisions of this chapter or
  660  the rules or orders of the commission by illegally killing,
  661  taking, possessing, or selling fish and wildlife as defined in
  662  s. 379.101, in or out of season, while violating chapter 810
  663  shall pay a fine of $500 for each such violation, plus court
  664  costs and any restitution ordered by the court. All fines
  665  collected under this subsection shall be remitted by the clerk
  666  of the court to the Department of Revenue to be deposited into
  667  the State Game Trust Fund of the Fish and Wildlife Conservation
  668  Commission.
  669         (5) VIOLATIONS OF CHAPTER.—Except as provided in this
  670  chapter:
  671         (a) A person who commits a violation of any provision of
  672  this chapter commits, for the first offense, a misdemeanor of
  673  the second degree, punishable as provided in s. 775.082 or s.
  674  775.083.
  675         (b) A person who is convicted of a second or subsequent
  676  violation of any provision of this chapter commits a misdemeanor
  677  of the first degree, punishable as provided in s. 775.082 or s.
  678  775.083.
  679         (6) SUSPENSION OR FORFEITURE OF LICENSE.—The court may
  680  order the suspension or forfeiture of any license or permit
  681  issued under this chapter to a person who is found guilty of
  682  committing a violation of this chapter.
  683         (7) CONVICTION DEFINED.—As used in this section, the term
  684  “conviction” means any judicial disposition other than acquittal
  685  or dismissal.
  686         Section 21. Section 379.403, Florida Statutes, is repealed.
  687         Section 22. Subsection (1) of section 379.409, Florida
  688  Statutes, is amended, and subsection (4) is added to that
  689  section, to read:
  690         379.409 Illegal killing, possessing, or capturing of
  691  alligators or other crocodilia or eggs; confiscation of
  692  equipment.—
  693         (1) It is unlawful to intentionally kill, injure, possess,
  694  or capture, or attempt to kill, injure, possess, or capture, an
  695  alligator or other crocodilian, or the eggs of an alligator or
  696  other crocodilian, unless authorized by the rules of the Fish
  697  and Wildlife Conservation Commission. Any person who violates
  698  this section is guilty of a felony of the third degree,
  699  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  700  in addition to such other punishment as may be provided by law.
  701  Any equipment, including but not limited to weapons, vehicles,
  702  boats, and lines, used by a person in the commission of a
  703  violation of any law, rule, regulation, or order relating to
  704  alligators or other crocodilia or the eggs of alligators or
  705  other crocodilia shall, upon conviction of such person, be
  706  confiscated by the Fish and Wildlife Conservation Commission and
  707  disposed of according to rules, orders, and regulations of the
  708  commission. The arresting officer shall promptly make a return
  709  of the seizure, describing in detail the property seized and the
  710  facts and circumstances under which it was seized, including the
  711  names of all persons known to the officer who have an interest
  712  in the property.
  713         (4) A person who violates this section commits a Level Four
  714  violation under s. 379.401, in addition to such other punishment
  715  as may be provided by law.
  716         Section 23. Section 379.411, Florida Statutes, is amended
  717  to read:
  718         379.411 Intentional killing or wounding of any species
  719  designated as endangered, threatened, or of special concern;
  720  criminal penalties.—It is unlawful for a person to intentionally
  721  kill or wound any fish or wildlife of a species designated by
  722  the Fish and Wildlife Conservation Commission as endangered,
  723  threatened, or of special concern, or to intentionally destroy
  724  the eggs or nest of any such fish or wildlife, except as
  725  provided for in the rules of the commission. A Any person who
  726  violates this section commits a Level Four violation under s.
  727  379.401 this provision with regard to an endangered or
  728  threatened species is guilty of a felony of the third degree,
  729  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  730         Section 24. Subsection (3) of section 379.4115, Florida
  731  Statutes, is amended to read:
  732         379.4115 Florida or wild panther; killing prohibited;
  733  penalty.—
  734         (3) A person who violates this section commits a Level Four
  735  violation under s. 379.401 convicted of unlawfully killing a
  736  Florida panther, or unlawfully killing any member of the species
  737  of panther occurring in the wild, is guilty of a felony of the
  738  third degree, punishable as provided in s. 775.082, s. 775.083,
  739  or s. 775.084.
  740         Section 25. Paragraph (a) of subsection (2) of section
  741  379.3004, Florida Statutes, is amended to read:
  742         379.3004 Voluntary Authorized Hunter Identification
  743  Program.—
  744         (2) Any person hunting on private land enrolled in the
  745  Voluntary Authorized Hunter Identification Program shall have
  746  readily available on the land at all times when hunting on the
  747  property written authorization from the owner or his or her
  748  authorized representative to be on the land for the purpose of
  749  hunting. The written authorization shall be presented on demand
  750  to any law enforcement officer, the owner, or the authorized
  751  agent of the owner.
  752         (a) For purposes of this section, the term “hunting” means
  753  to be engaged in or reasonably equipped to engage in the pursuit
  754  or taking by any means of any animal described in s. 379.101(20)
  755  or (21) s. 379.101(19) or (20), and the term “written
  756  authorization” means a card, letter, or other written instrument
  757  which shall include, but need not be limited to, the name of the
  758  person or entity owning the property, the name and signature of
  759  the person granting the authorization, a description by
  760  township, range, section, partial section, or other geographical
  761  description of the land to which the authorization applies, and
  762  a statement of the time period during which the authorization is
  763  valid.
  764         Section 26. Paragraph (d) of subsection (5) of section
  765  379.337, Florida Statutes, is amended to read:
  766         379.337 Confiscation, seizure, and forfeiture of property
  767  and products.—
  768         (5) CONFISCATION AND SALE OF PERISHABLE SALTWATER PRODUCTS;
  769  PROCEDURE.—
  770         (d) For purposes of confiscation under this subsection, the
  771  term “saltwater products” has the meaning specified set out in
  772  s. 379.101(37) s. 379.101(36), except that the term does not
  773  include saltwater products harvested under the authority of a
  774  recreational license unless the amount of such harvested
  775  products exceeds three times the applicable recreational bag
  776  limit for trout, snook, or redfish.
  777         Section 27. Paragraph (b) of subsection (4) of section
  778  589.19, Florida Statutes, is amended to read:
  779         589.19 Creation of certain state forests; naming of certain
  780  state forests; Operation Outdoor Freedom Program.—
  781         (4)
  782         (b) Participation in the Operation Outdoor Freedom Program
  783  is shall be limited to Florida residents, as defined in s.
  784  379.101(31)(b) s. 379.101(30)(b), who:
  785         1. Are honorably discharged military veterans certified by
  786  the United States Department of Veterans Affairs or its
  787  predecessor or by any branch of the United States Armed Forces
  788  to be at least 30 percent permanently service-connected
  789  disabled;
  790         2. Have been awarded the Military Order of the Purple
  791  Heart; or
  792         3. Are active duty servicemembers with a service-connected
  793  injury as determined by his or her branch of the United States
  794  Armed Forces.
  795  
  796  Proof of eligibility under this subsection, as prescribed by the
  797  Florida Forest Service, may be required.
  798         Section 28. Paragraph (h) of subsection (2) of section
  799  810.09, Florida Statutes, is amended to read:
  800         810.09 Trespass on property other than structure or
  801  conveyance.—
  802         (2)
  803         (h) Any person who in taking or attempting to take any
  804  animal described in s. 379.101(20) or (21) s. 379.101(19) or
  805  (20), or in killing, attempting to kill, or endangering any
  806  animal described in s. 585.01(13) knowingly propels or causes to
  807  be propelled any potentially lethal projectile over or across
  808  private land without authorization commits trespass, a felony of
  809  the third degree, punishable as provided in s. 775.082, s.
  810  775.083, or s. 775.084. For purposes of this paragraph, the term
  811  “potentially lethal projectile” includes any projectile launched
  812  from any firearm, bow, crossbow, or similar tensile device. This
  813  section does not apply to any governmental agent or employee
  814  acting within the scope of his or her official duties.
  815         Section 29. This act shall take effect July 1, 2016.