Florida Senate - 2020                              CS for SB 688
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Wright
       
       
       
       
       592-03059-20                                           2020688c1
    1                        A bill to be entitled                      
    2         An act relating to the illegal taking, possession, and
    3         sale of bears; amending s. 379.401, F.S.; providing
    4         that a person commits specified violations for the
    5         illegal taking, possession, and sale of bears;
    6         creating s. 379.4041, F.S.; prohibiting the illegal
    7         taking, possession, and sale of bears; providing
    8         penalties; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (a) of subsection (3) and paragraph
   13  (a) of subsection (4) of section 379.401, Florida Statutes, are
   14  amended to read:
   15         379.401 Penalties and violations; civil penalties for
   16  noncriminal infractions; criminal penalties; suspension and
   17  forfeiture of licenses and permits.—
   18         (3) LEVEL THREE VIOLATIONS.—
   19         (a) A person commits a Level Three violation if he or she
   20  violates any of the following provisions:
   21         1. Rules or orders of the commission prohibiting the sale
   22  of saltwater fish.
   23         2. Rules or orders of the commission prohibiting the
   24  illegal importation or possession of exotic marine plants or
   25  animals.
   26         3. Section 379.28, prohibiting the importation of
   27  freshwater fish.
   28         4. Section 379.3014, prohibiting the illegal sale or
   29  possession of alligators.
   30         5. Section 379.354(17), prohibiting the taking of game,
   31  freshwater fish, or saltwater fish while a required license is
   32  suspended or revoked.
   33         6. Section 379.357(4), prohibiting the sale, transfer, or
   34  purchase of tarpon.
   35         7. Section 379.404(1), (3), and (6), prohibiting the
   36  illegal taking and possession of deer and wild turkey.
   37         8.Section 379.4041(1), prohibiting the illegal taking and
   38  possession of bears.
   39         9.8. Section 379.406, prohibiting the possession and
   40  transportation of commercial quantities of freshwater game fish.
   41         10.9. Section 379.407(2), establishing major violations.
   42         11.10. Section 379.407(4), prohibiting the possession of
   43  certain finfish in excess of recreational daily bag limits.
   44         (4) LEVEL FOUR VIOLATIONS.—
   45         (a) A person commits a Level Four violation if he or she
   46  violates any of the following provisions:
   47         1. Section 379.354(16), prohibiting the making, forging,
   48  counterfeiting, or reproduction of a recreational license or the
   49  possession of same without authorization from the commission.
   50         2. Section 379.365(2)(c), prohibiting criminal activities
   51  relating to the taking of stone crabs.
   52         3. Section 379.366(4)(c), prohibiting criminal activities
   53  relating to the taking and harvesting of blue crabs.
   54         4. Section 379.367(4), prohibiting the willful molestation
   55  of spiny lobster gear.
   56         5. Section 379.3671(2)(c)5., prohibiting the unlawful
   57  reproduction, possession, sale, trade, or barter of spiny
   58  lobster trap tags or certificates.
   59         6. Section 379.404(5), prohibiting the sale of illegally
   60  taken deer or wild turkey.
   61         7.Section 379.4041(2), prohibiting the sale of illegally
   62  taken bears.
   63         8.7. Section 379.405, prohibiting the molestation or theft
   64  of freshwater fishing gear.
   65         9.8. Section 379.409, prohibiting the unlawful killing,
   66  injuring, possessing, or capturing of alligators or other
   67  crocodilia or their eggs.
   68         10.9. Section 379.411, prohibiting the intentional killing
   69  or wounding of any species designated as endangered, threatened,
   70  or of special concern.
   71         11.10. Section 379.4115, prohibiting the killing of any
   72  Florida or wild panther.
   73         Section 2. Section 379.4041, Florida Statutes, is created
   74  to read:
   75         379.4041Illegal taking, possession, and sale of bears.—
   76         (1)A person who takes a bear or possesses a freshly killed
   77  bear during the closed season prescribed by law or rules of the
   78  commission commits a Level Three violation under s. 379.401 and
   79  forfeits any license or permit issued to him or her under this
   80  chapter for 3 years after the date of the violation. A person
   81  who commits a subsequent offense of such taking or possession is
   82  permanently ineligible for issuance of any license or permit
   83  under this chapter.
   84         (2)A person who possesses for sale or sells a bear taken
   85  in violation of this section or rules of the commission commits
   86  a Level Four violation under s. 379.401.
   87         Section 3. This act shall take effect July 1, 2020.