CODING: Words stricken are deletions; words underlined are additions.House Bill 0693
Florida House of Representatives - 1997 HB 693
By Representative Safley
1 A bill to be entitled
2 An act relating to marine fisheries; amending
3 s. 370.021, F.S.; providing that specified
4 violations of administrative rules, the Florida
5 Statutes, and the constitutional ban on the use
6 of certain nets are major violations; providing
7 penalties; prohibiting a court from suspending,
8 deferring, or withholding adjudication of guilt
9 in specified circumstances; providing for the
10 suspension of violators' licenses and
11 prohibiting participation in the fishing during
12 the period of suspension; providing
13 restrictions on operation; deleting obsolete
14 provisions; requiring a court to notify the
15 Department of Environmental Protection of the
16 disposition of cases; providing for the
17 admissibility of Marine Fisheries Commission
18 rules into evidence; amending s. 370.025, F.S.;
19 deleting a requirement that Marine Fisheries
20 Commission rules be approved by the Board of
21 Trustees; permitting the adoption of
22 conservation and management measures when
23 available information is incomplete or
24 inconclusive; amending s. 370.026, F.S.;
25 placing the Marine Fisheries Commission within
26 the Department of Environmental Protection;
27 amending s. 370.027, F.S.; deleting a
28 limitation on the power of the Marine Fisheries
29 Commission to regulate fishing gear; providing
30 procedures for filing rules with the Department
31 of State; conforming provisions; amending s.
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1 370.062, F.S.; deleting a requirement for
2 rulemaking for the issuance of tarpon tags;
3 deleting a requirement for the annual issuance
4 of tarpon tags; amending s. 370.0821, F.S.;
5 revising the mesh size of a recreational net
6 allowed in St. Johns County; amending s.
7 370.092, F.S.; deleting provisions relating to
8 the carriage of proscribed nets across Florida
9 waters, major violations, and fines and
10 penalties; prohibiting the harvest of marine
11 life with nets inconsistent with s. 16, Art. X
12 of the State Constitution; prohibiting the use
13 of any net not approved by the Marine Fisheries
14 Commission; defining the terms "net" or
15 "netting" and "miles"; providing for forfeiture
16 of nets illegally used; amending s. 370.14,
17 F.S.; deleting a requirement that a marine
18 patrol officer be present at the weighing of
19 crawfish during the closed season; amending s.
20 370.142, F.S.; providing additional penalties
21 for violation of crawfish laws; amending s.
22 370.15, F.S.; revising shrimp trawling
23 regulations; amending s. 370.25, F.S.;
24 providing the department with discretionary
25 rulemaking authority relating to grant programs
26 for construction of artificial fishing reefs;
27 prescribing unlawful activities; providing
28 criminal, civil, and administrative penalties;
29 providing for revocation of licenses and
30 permits of violators; repealing s. 370.08(7),
31 F.S., relating to the use of gear and other
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1 equipment; repealing s. 370.0821(3), F.S.,
2 relating to the use of nets in St. Johns
3 County; repealing s. 370.11(2) and (3), F.S.,
4 relating to the length of saltwater fish and
5 the use of nets to harvest shad; repealing s.
6 370.1125, F.S., relating to the harvest of
7 permit; repealing s. 370.114, F.S., relating to
8 the taking of corals and sea fans; repealing s.
9 370.13(2), F.S., relating to a major violation
10 involving stone crabs; repealing s. 370.135(2),
11 (3), and (4), F.S., relating to the harvest and
12 sale of blue crabs; repealing s. 370.14(6),
13 F.S., relating to a major violation involving
14 crawfish; repealing s. 370.15(2) and (3), F.S.,
15 relating to the harvest of shrimp; repealing s.
16 370.151(2), F.S., relating to the Tortugas
17 shrimp beds; repealing s. 370.153(4)(c), (d),
18 (e), and (5)(b), (d), F.S., relating to the
19 harvest of shrimp in Clay, Duval, Nassau,
20 Putnam, Flagler, and St. Johns Counties;
21 repealing s. 370.156, F.S., relating to the
22 Florida East Coast Shrimp Bed; repealing s.
23 370.157, F.S., relating to the harvest of
24 shrimp in the Cedar Key closed area; providing
25 an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsections (2) and (3) of section 370.021,
30 Florida Statutes, 1996 Supplement, are amended to read:
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1 370.021 Administration; rules, publications, records;
2 penalty for violation of chapter; injunctions.--
3 (2) PENALTY FOR VIOLATION.--Unless otherwise provided
4 by law, any person, firm, or corporation who is convicted for
5 violating any provision of this chapter, any rule of the
6 department adopted pursuant to this chapter, or any rule of
7 the Marine Fisheries Commission, shall be punished:
8 (a) Upon a first conviction, by imprisonment for a
9 period of not more than 60 days or by a fine of not less than
10 $100 nor more than $500, or by both such fine and
11 imprisonment.
12 (b) On a second or subsequent conviction within 12
13 months, by imprisonment for not more than 6 months or by a
14 fine of not less than $250 nor more than $1,000, or by both
15 such fine and imprisonment.
16 (c) In addition to the penalties provided in
17 paragraphs (a) and (b), the court shall assess additional
18 penalties against any person, firm, or corporation convicted
19 of major violations as follows:
20 1. For a violation involving more than 100 illegal
21 blue crabs, crawfish, or stone crabs, an additional penalty of
22 $10 for each illegal blue crab, crawfish, stone crab, or part
23 thereof.
24 2. For a violation involving the taking or harvesting
25 of shrimp from a nursery or other prohibited area, an
26 additional penalty of $10 for each pound of illegal shrimp or
27 part thereof.
28 3. For a violation involving the taking or harvesting
29 of oysters from nonapproved areas or the taking or possession
30 of unculled oysters, an additional penalty of $10 for each
31 bushel of illegal oysters.
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1 4. For a violation involving the taking or harvesting
2 of clams from nonapproved areas, an additional penalty of $100
3 for each 500 count bag of illegal clams.
4 5. For a violation involving the taking, harvesting,
5 or possession of any of the following species, which are
6 endangered, threatened, or of special concern:
7 a. Shortnose sturgeon (Acipenser brevirostrum);
8 b. Atlantic sturgeon (Acipenser oxyrhynchus);
9 c. Common snook (Centropomus undecimalis);
10 d. Atlantic loggerhead turtle (Caretta caretta
11 caretta);
12 e. Atlantic green turtle (Chelonia mydas mydas);
13 f. Leatherback turtle (Dermochelys coriacea);
14 g. Atlantic hawksbill turtle (Eretmochelys imbricata
15 imbracata);
16 h. Atlantic ridley turtle (Lepidochelys kempi); or
17 i. West Indian manatee (Trichechus manatus
18 latirostris),
19
20 an additional penalty of $100 for each unit of marine life or
21 part thereof.
22 6. For a second or subsequent conviction within 24
23 months for any violation of the same law or rule involving the
24 taking or harvesting of more than 100 pounds of any finfish,
25 an additional penalty of $5 for each pound of illegal finfish.
26 7. For any violation involving the taking, harvesting,
27 or possession of more than 1,000 pounds of any illegal
28 finfish, an additional penalty equivalent to the wholesale
29 value of the illegal finfish.
30 8.a. It shall be a major violation for any person,
31 firm, or corporation to be simultaneously in possession of any
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1 species of mullet in a quantity that is in excess of the
2 recreational daily bag limit and any gill or other entangling
3 net as defined in s. 16(c), Art. X of the State Constitution.
4 Simultaneous possession under this provision shall include
5 possession of mullet and gill or other entangling nets on
6 separate vessels or vehicles if such vessels or vehicles are
7 operated in coordination with one another, including vessels
8 towed behind a main vessel.
9 b. It shall be a major violation for any person to be
10 in possession of any species of snook, tarpon, bonefish, or
11 redfish in a quantity that is three fish in excess of the
12 recreational or commercial daily bag limit, or any species of
13 trout in a quantity that is in excess of 10 fish more than the
14 recreational or commercial daily bag limit.
15 9.a. In addition to being subject to the other
16 penalties provided in this chapter, any violation of s. 16,
17 Art. X of the State Constitution, subparagraph 8., s.
18 370.092(2), or any rules of the Marine Fisheries Commission
19 which implement the gear prohibitions and restrictions
20 specified therein shall be considered a major violation; and
21 any person, firm, or corporation receiving any judicial
22 disposition other than acquittal or dismissal of such
23 violation shall be subject to the following additional
24 penalties:
25 (I) For a first major violation, a civil penalty of
26 $2,500 and suspension of all saltwater products license
27 privileges for 90 calendar days following final disposition
28 shall be imposed.
29 (II) For a second major violation under this
30 subparagraph charged within 7 years of a previous judicial
31 disposition of a violation under this subparagraph, which
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1 results in a second judicial disposition other than acquittal
2 or dismissal, a civil penalty of $5,000 and suspension of all
3 saltwater products license privileges for 12 months shall be
4 imposed.
5 (III) For a third major violation under this
6 subparagraph, charged within a 7-year period following the
7 first major violation, resulting in a third judicial
8 disposition other than acquittal or dismissal, a civil penalty
9 of $5,000, lifetime revocation of the saltwater products
10 license, and forfeiture of all gear and equipment used in the
11 violation shall be imposed.
12 (IV) A fourth or subsequent major violation under this
13 subparagraph charged within a 7-year period following the
14 first major violation, resulting in a fourth or subsequent
15 judicial disposition other than acquittal or dismissal, shall
16 be a felony of the third degree punishable as provided in s.
17 775.082, s. 775.083, or s. 775.084.
18
19 A court may suspend, defer, or withhold adjudication of guilt
20 or imposition of sentence only for any first violation of s.
21 16, Art. X of the State Constitution, or any rule or statute
22 implementing its restrictions, and only when determined by a
23 court after consideration of competent evidence of mitigating
24 circumstances to be a nonflagrant or minor violation of those
25 restrictions upon the use of nets. Any violation of s. 16,
26 Art. X of the State Constitution, or any rule or statute
27 implementing its restrictions, occurring within a 7-year
28 period commencing upon the conclusion of any judicial
29 proceeding resulting in any outcome other than acquittal shall
30 be punished as a second, third, or subsequent violation
31 accordingly.
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1 b. During the period of suspension or revocation of
2 saltwater license privileges under this section, the licensee
3 may not participate in the taking or harvesting or attempt the
4 taking or harvesting of saltwater products from any vessel
5 within the waters of the state, or any other activity
6 requiring a license, permit, or certificate issued pursuant to
7 this chapter. Any person who violates the provisions of this
8 sub-subparagraph is:
9 (I) Upon a first conviction, guilty of a misdemeanor
10 of the first degree, punishable as provided in s. 775.082 or
11 s. 775.083.
12 (II) Upon a second or subsequent conviction, guilty of
13 a felony of the third degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 c. Upon reinstatement of saltwater license privileges
16 suspended pursuant to a violation of this section, a licensee
17 owning or operating a vessel containing or otherwise
18 transporting in or on Florida waters any gill net or other
19 entangling net, or containing or otherwise transporting in
20 nearshore and inshore Florida waters any net containing more
21 than 500 square feet of mesh area shall remain restricted for
22 a period of 12 months following reinstatement, to operation
23 under the following conditions:
24 (I) Vessels subject to this reinstatement period shall
25 be restricted to the corridors established by department rule.
26 (II) A violation of the reinstatement period
27 provisions shall be punishable pursuant to s. 370.021(2)(a)
28 and (b).
29 d. Rescission and revocation proceedings under this
30 section shall be governed by chapter 120.
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1 8.a. In addition to being subject to the other
2 penalties provided in this chapter, any intentional violation
3 of rule 46-4.007(1), Florida Administrative Code, shall be
4 considered a major violation, and any person, firm, or
5 corporation committing such violation shall be subject to the
6 following additional penalties:
7 (I) For a first violation within a 7-year period,
8 suspension of the saltwater products license for 90 days.
9 (II) For a second major violation within a 7-year
10 period, a civil penalty of $5,000 and suspension of the
11 saltwater products license for 12 months.
12 (III) For a third or subsequent major violation within
13 a 7-year period, a civil penalty of $5,000, lifetime
14 revocation of the saltwater products license, and forfeiture
15 of all gear and equipment used in the violation.
16 b. During any period of license suspension or
17 revocation under this section, the licensee may not fish from
18 any vessel that is harvesting saltwater products.
19 c. The Department of Environmental Protection may
20 bring a civil action to enforce the civil penalties prescribed
21 in this section.
22
23 Notwithstanding the provisions of s. 948.01, and except as
24 provided under sub-subparagraph 9.a., a no court may not
25 suspend, defer, or withhold adjudication of guilt or
26 imposition of sentence for any major violation prescribed in
27 this paragraph.
28 (d) The proceeds from the penalties assessed pursuant
29 to paragraph (c) shall be deposited into the Marine Resources
30 Conservation Trust Fund to be used for marine fisheries
31 research.
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1 (e) Permits issued to any person, firm, or corporation
2 by the department to take or harvest saltwater products, or
3 any license issued pursuant to s. 370.06 or s. 370.07 may be
4 suspended or revoked by the department, pursuant to the
5 provisions and procedures of s. 120.60, for any major
6 violation prescribed in paragraph (c):
7 1. Upon a second conviction for a violation which
8 occurs within 12 months after a prior violation, for up to 60
9 days.
10 2. Upon a third conviction for a violation which
11 occurs within 24 months after a prior violation, for up to 180
12 days.
13 3. Upon a fourth conviction for a violation which
14 occurs within 36 months after a prior violation, for a period
15 of 6 months to 3 years.
16 (f) Upon the arrest and conviction for a major
17 violation involving stone crabs, the licenseholder must show
18 just cause why his or her license should not be suspended or
19 revoked. For the purposes of this paragraph, a "major
20 violation" means a major violation as prescribed in s.
21 370.021(2)(c) for illegal stone crabs; any single violation
22 involving possession of more than 25 stone crabs during the
23 closed season or possession of 25 or more whole-bodied or
24 egg-bearing stone crabs; any violation for trap molestation,
25 trap robbing, or pulling traps at night; or any combination of
26 violations in any 3-consecutive-year period wherein more than
27 75 illegal stone crabs in the aggregate are involved.
28 (g) Upon the arrest and conviction for a major
29 violation involving crawfish, the licenseholder must show just
30 cause why his or her license should not be suspended or
31 revoked. For the purposes of this paragraph, a "major
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1 violation" means a major violation as prescribed in s.
2 370.021(2)(c) for illegal crawfish; any single violation
3 involving possession of more than 25 crawfish during the
4 closed season or possession of more than 25 wrung crawfish
5 tails or more than 25 egg-bearing or stripped crawfish; any
6 violation for trap molestation, trap robbing, or pulling traps
7 at night; or any combination of violations in any
8 3-consecutive-year period wherein more than 75 illegal
9 crawfish in the aggregate are involved.
10 (h) Upon the arrest and conviction for a major
11 violation involving blue crabs, the licenseholder shall show
12 just cause why his or her saltwater products license should
13 not be suspended or revoked. This paragraph shall not apply
14 to an individual fishing with no more than five traps. For
15 the purposes of this paragraph, a "major violation" means a
16 major violation as prescribed in s. 370.021(2)(c) for illegal
17 blue crabs, any single violation wherein 50 or more illegal
18 blue crabs are involved, or any combination of violations in
19 any 3-consecutive-year period wherein more than 100 illegal
20 blue crabs in the aggregate are involved.
21 (i) Upon the conviction for a major violation
22 involving finfish, the licenseholder must show just cause why
23 his or her saltwater products license should not be suspended
24 or revoked. For the purposes of this paragraph, a major
25 violation is as prescribed in s. 370.021(2)(c) for the taking
26 and harvesting of illegal finfish, any single violation
27 involving the possession of more than 100 pounds of illegal
28 finfish, or any combination of violations in any
29 3-consecutive-year period wherein more than 200 pounds of
30 illegal finfish in the aggregate are involved.
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1 (j) Upon final disposition of any alleged offense for
2 which a citation for any violation of this chapter or the
3 rules of the Marine Fisheries Commission has been issued, the
4 court shall, within 10 days, certify the disposition to the
5 department.
6 (f)1. In cases involving the intentional or
7 unintentional killing of any species of tarpon, snook in
8 excess of five fish per person, sailfish, or bonefish during a
9 fishing operation wherein the targeted species is legal to
10 harvest, the method of fishing and type of gear used are
11 legal, and the fish are killed as a direct result of such
12 otherwise legal fishing operations, the department shall
13 assess a civil penalty of $100 for each snook killed in excess
14 of five fish per person, or tarpon, sailfish, or bonefish
15 killed in excess of any bag limit. In collecting penalties,
16 the department shall assess an equal share of the applicable
17 penalty to each fisher actually involved in the fishing
18 operation.
19 2. The civil penalty shall be paid in full to the
20 department within 30 calendar days of official notification.
21 The department may suspend the saltwater products license or
22 other saltwater fishing license of any person or boat not
23 paying the required civil penalty within the specified time
24 period. Persons contesting the assessment of any civil
25 penalties or any license suspension pursuant to this section
26 shall be entitled to a hearing pursuant to the provisions of
27 chapter 120.
28 3. All moneys collected by the department pursuant to
29 this paragraph shall be deposited into the Marine Resources
30 Conservation Trust Fund.
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1 (3) RULES; ADMISSIBILITY AS EVIDENCE.--Rules and
2 regulations of the department shall be admitted as evidence in
3 the courts of the state when accompanied by an affidavit from
4 the secretary of the department certifying that the rule or
5 regulation has been lawfully adopted, promulgated, and
6 published. Rules of the Marine Fisheries Commission shall be
7 admitted as evidence in the courts of the state when
8 accompanied by such an affidavit from the executive director
9 of the commission or his or her designee.; and Such affidavit
10 shall be prima facie evidence of proper adoption,
11 promulgation, and publication of the rule or regulation.
12 Section 2. Subsection (2) of section 370.025, Florida
13 Statutes, is amended to read:
14 370.025 Marine fisheries; policy and standards.--
15 (2) All rules relating to saltwater fisheries adopted
16 by the department pursuant to this chapter or adopted by the
17 Marine Fisheries Commission and approved by the Governor and
18 Cabinet as the Board of Trustees of the Internal Improvement
19 Trust Fund shall be consistent with the following standards:
20 (a) The paramount concern of conservation and
21 management measures shall be the continuing health and
22 abundance of the marine fisheries resources of this state.
23 (b) Conservation and management measures shall be
24 based upon the best information available, including
25 biological, sociological, economic, and other information
26 deemed relevant by the commission. This standard must not be
27 construed to prevent the adoption of conservation and
28 management measures in accordance with paragraph (a), when the
29 available biological information is incomplete or inconclusive
30 as to the exact status of a particular species or groups of
31 species.
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1 (c) Conservation and management measures shall permit
2 reasonable means and quantities of annual harvest, consistent
3 with maximum practicable sustainable stock abundance on a
4 continuing basis.
5 (d) When possible and practicable, stocks of fish
6 shall be managed as a biological unit.
7 (e) Conservation and management measures shall assure
8 proper quality control of marine resources that enter
9 commerce.
10 (f) State marine fishery management plans shall be
11 developed to implement management of important marine fishery
12 resources.
13 (g) Conservation and management decisions shall be
14 fair and equitable to all the people of this state and carried
15 out in such a manner that no individual, corporation, or
16 entity acquires an excessive share of such privileges.
17 (h) Federal fishery management plans and fishery
18 management plans of other states or interstate commissions
19 should be considered when developing state marine fishery
20 management plans. Inconsistencies should be avoided unless it
21 is determined that it is in the best interest of the fisheries
22 or residents of this state to be inconsistent.
23 (i) Conservation and management decisions must take
24 into account enforcibility of measures being used, in order to
25 achieve a high level of compliance with the measures and the
26 expected benefits to the continuing health and abundance of
27 the marine fisheries resources of this state.
28 Section 3. Subsection (1) of section 370.026, Florida
29 Statutes, is amended to read:
30 370.026 Marine Fisheries Commission.--
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1 (1) There is created within the Department of
2 Environmental Protection Board of Trustees of the Internal
3 Improvement Trust Fund a Marine Fisheries Commission which
4 shall be composed of seven members who have resided in the
5 state for at least 5 years. The seven members shall be
6 appointed by the Governor, subject to confirmation by the
7 Senate, and shall be exempt from the Career Service System.
8 The Governor shall consider affected interests when making
9 appointments to the commission. No single interest group shall
10 dominate the membership of the commission. As soon as
11 practicable after this act becomes a law, two members shall be
12 appointed for terms ending August 1, 1985; three members shall
13 be appointed for terms ending August 1, 1986; and the
14 remaining members shall be appointed for terms ending August
15 1, 1987. Thereafter, all appointments shall be for 4-year
16 terms. If a vacancy occurs, a member shall be appointed by the
17 Governor for the unexpired term. A commission member whose
18 term has expired shall continue sitting on the commission with
19 full rights until he or she has been replaced.
20 Section 4. Subsections (1), (2), and (3) of section
21 370.027, Florida Statutes, 1996 Supplement, are amended to
22 read:
23 370.027 Rulemaking authority with respect to marine
24 life.--
25 (1) Pursuant to the policy and standards in s.
26 370.025, the Marine Fisheries Commission is delegated full
27 rulemaking authority over marine life, with the exception of
28 endangered species, subject to final approval by the Governor
29 and Cabinet sitting as the Board of Trustees of the Internal
30 Improvement Trust Fund, in the areas of concern herein
31 specified. The commission is instructed to make
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1 recommendations annually to the secretary Governor and Cabinet
2 regarding the marine fisheries research priorities and funding
3 of the Department of Environmental Protection. All
4 administrative and enforcement responsibilities which are
5 unaffected by the specific provisions of ss. 370.025-370.029
6 are this act continue to be the responsibility of the
7 Department of Environmental Protection. The authority to
8 regulate fishing gear in residential, manmade saltwater canals
9 is specifically not delegated to the commission and is
10 retained by the Legislature.
11 (2) Exclusive rulemaking authority in the following
12 areas relating to marine life, with the exception of
13 endangered species, is vested in the commission; any
14 conflicting authority of any division or bureau of the
15 department or any other agency of state government is
16 withdrawn as of the effective date of the rule approved
17 proposed by the commission and approved by the Governor and
18 Cabinet, and the inconsistent rule, or the inconsistent part
19 thereof, is superseded to the extent of the inconsistency:
20 (a) Gear specifications;
21 (b) Prohibited gear;
22 (c) Bag limits;
23 (d) Size limits;
24 (e) Species that may not be sold;
25 (f) Protected species;
26 (g) Closed areas, except for public health purposes;
27 (h) Quality control, except for oysters, clams,
28 mussels, and crabs;
29 (i) Seasons; and
30 (j) Special considerations relating to eggbearing
31 females.
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1 (3)(a) The commission, pursuant to ss. 370.025-370.029
2 this act, shall adopt rules under pursuant to chapter 120.
3 When rules are ready for final adoption, the proposed rules
4 shall be filed for adoption with the Department of State
5 submitted by the secretary for final action by the Governor
6 and Cabinet sitting as the Board of Trustees of the Internal
7 Improvement Trust Fund. The filing shall take place within 7
8 days after receipt by the secretary of the approved rules from
9 the commission in the case of permanent rules and within 24
10 hours after receipt of any emergency rules. In considering a
11 proposed rule recommended by the commission, the Governor and
12 Cabinet may only approve or disapprove the proposed rule. If
13 the rule is disapproved, it shall be withdrawn. The commission
14 shall file a rule for adoption with the Department of State
15 only after the rule is approved by the Governor and Cabinet.
16 The secretary and department staff have has no authority to
17 change any proposed rule or recommendation submitted by the
18 commission or to refuse to file commission rules for adoption
19 with the Department of State. Rules of the commission are not
20 reviewable under s. 20.255(5).
21 (b) The secretary of the department shall appoint a
22 management-level staff member to coordinate with the director
23 of the commission the submission by the commission of annual
24 research recommendations proposed rules for consideration
25 final approval by the Governor and Cabinet.
26 Section 5. Subsection (2) of section 370.062, Florida
27 Statutes, 1996 Supplement, is amended to read:
28 370.062 Department of Environmental Protection license
29 program for tarpon; fees; penalties.--
30 (2) The number of tags to be annually issued shall be
31 determined by rule of the Marine Fisheries Commission. The
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1 rule shall be adopted prior to November 30 of each year for
2 the upcoming calendar year. The commission shall in no way
3 allow the issuance of tarpon tags to adversely affect the
4 tarpon population.
5 Section 6. Paragraph (a) of subsection (5) of section
6 370.0821, Florida Statutes, is amended to read:
7 370.0821 St. Johns County; use of nets.--
8 (5)(a) The term "recreational net" means a seine or
9 similar net not exceeding 100 feet in length, with mesh no
10 smaller than 2 1/2 inches, set and hauled solely by hand and
11 without use of any motor-driven boat or vehicle.
12 Section 7. Section 370.092, Florida Statutes, 1996
13 Supplement, is amended to read:
14 370.092 Carriage of proscribed nets across Florida
15 waters.--
16 (1) This section applies to all vessels containing or
17 otherwise transporting in or on Florida waters any gill net or
18 other entangling net and to all vessels containing or
19 otherwise transporting in or on Florida waters any net
20 containing more than 500 square feet of mesh area the use of
21 which is restricted or prohibited by s. 16, Art. X of the
22 State Constitution. This section does not apply to vessels
23 containing or otherwise transporting in or on Florida waters
24 dry nets which are rolled, folded, or otherwise properly
25 stowed in sealed containers so as to make their immediate use
26 as fishing implements impracticable.
27 (2) Every vessel containing or otherwise transporting
28 in or on Florida waters any gill net or other entangling net
29 and every vessel containing or otherwise transporting in or on
30 nearshore and inshore Florida waters any net containing more
31 than 500 square feet of mesh area shall proceed as directly,
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1 continuously, and expeditiously as possible from the place
2 where the vessel is regularly docked, moored, or otherwise
3 stored to waters where the use of said nets is lawful and from
4 waters where the use of said nets is lawful back to the place
5 where the vessel is regularly docked, moored, or otherwise
6 stored or back to the licensed wholesale dealer where the
7 catch is to be sold. Exceptions shall be provided for docked
8 vessels, for vessels which utilize nets in a licensed
9 aquaculture operation, and for vessels containing trawl nets
10 as long as the trawl's doors or frame are not deployed in the
11 water. Otherwise, hovering, drifting, and other similar
12 activities inconsistent with the direct, continuous, and
13 expeditious transit of such vessels shall be evidence of the
14 unlawful use of such nets. The presence of fish in such a net
15 is not evidence of the unlawful use of the net if the vessel
16 is otherwise in compliance with this section.
17 (3) ILLEGAL USE OF NETS.--
18 (a) It is unlawful to take or harvest, or to attempt
19 to take or harvest, any marine life in Florida waters with any
20 net that is not consistent with the provisions of s. 16, Art.
21 X of the State Constitution. It is also unlawful to take or
22 harvest, or to attempt to take or harvest, any marine life in
23 Florida waters with any net, other than a handheld cast or dip
24 net, that has not been expressly authorized for such use by
25 rule of the Marine Fisheries Commission under s. 370.027.
26 (b) As used in s. 16, Art. X of the State Constitution
27 and this subsection, the term "net" or "netting" must be
28 broadly construed to include all manner or combination of mesh
29 or webbing or any other solid or semi-solid fabric or other
30 material used to comprise a device that is used to take or
31 harvest marine life.
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1 (c) As used in s. 16, Art. X of the State
2 Constitution, the term "miles" must be construed as
3 international nautical miles, each of which is equal to 1,852
4 meters.
5 (d) Upon the arrest of any person for violation of
6 this subsection, the arresting officer shall seize the nets
7 illegally used. Upon conviction of the offender, the arresting
8 authority shall destroy the nets.
9 (3)(a) It shall be a major violation pursuant to this
10 section for any person, firm, or corporation to be
11 simultaneously in possession of any species of mullet in
12 excess of the recreational daily bag limit and any gill or
13 other entangling net as defined in s. 16(c), Art. X of the
14 State Constitution. Simultaneous possession under this
15 provision shall include possession of mullet and gill or other
16 entangling nets on separate vessels or vehicles where such
17 vessels or vehicles are operated in coordination with one
18 another including vessels towed behind a main vessel.
19 (b) It shall be a major violation pursuant to this
20 section for any person to be in possession of any species of
21 trout, snook, or redfish which is three fish in excess of the
22 recreational or commercial daily bag limit.
23 (4)(a) In addition to being subject to the other
24 penalties provided in this chapter, any violation of s. 16,
25 Art. X of the State Constitution or any rules of the Marine
26 Fisheries Commission which implement the gear prohibitions and
27 restrictions specified therein shall be considered a major
28 violation; and any person, firm, or corporation receiving any
29 judicial disposition other than acquittal or dismissal of such
30 violation shall be subject to the following additional
31 penalties:
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1 1. For a first major violation within a 7-year period,
2 a civil penalty of $2,500 and suspension of all saltwater
3 products license privileges for 90 calendar days following
4 final disposition shall be imposed.
5 2. For a second major violation under this paragraph
6 charged within 7 years of a previous judicial disposition,
7 which results in a second judicial disposition other than
8 acquittal or dismissal, a civil penalty of $5,000 and
9 suspension of all saltwater products license privileges for 12
10 months shall be imposed.
11 3. For a third and subsequent major violation under
12 this paragraph, charged within a 7-year period, resulting in a
13 third or subsequent judicial disposition other than acquittal
14 or dismissal, a civil penalty of $5,000, lifetime revocation
15 of the saltwater products license, and forfeiture of all gear
16 and equipment used in the violation shall be imposed.
17
18 A court may suspend, defer or withhold adjudication of guilt
19 or imposition of sentence for any first violation of s. 16,
20 Art. X of the State Constitution, or any rule or statute
21 implementing its restrictions, determined by a court only
22 after consideration of competent evidence of mitigating
23 circumstances to be a nonflagrant or minor violation of those
24 restrictions upon the use of nets. Any violation of s. 16,
25 Art. X of the State Constitution, or any rule or statute
26 implementing its restrictions, occurring within a 7-year
27 period commencing upon the conclusion of any judicial
28 proceeding resulting in any outcome other than acquittal shall
29 be punished as a second, third, or subsequent violation
30 accordingly.
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1 (b) During the period of suspension or revocation of
2 saltwater license privileges under this section, the licensee
3 may not participate in the taking or harvesting of saltwater
4 products from any vessel within the waters of the state, or
5 any other activity requiring a license, permit, or certificate
6 issued pursuant to this chapter.
7 (c) Upon reinstatement of saltwater license privileges
8 suspended pursuant to a violation of this section, a licensee
9 owning or operating a vessel containing or otherwise
10 transporting in or on Florida waters any gill net or other
11 entangling net, or containing or otherwise transporting in
12 nearshore and inshore Florida waters any net containing more
13 than 500 square feet of mesh area shall remain restricted for
14 a period of 12 months following reinstatement, to operation
15 under the following conditions:
16 1. Vessels subject to this reinstatement period shall
17 be restricted to the corridors established by department rule.
18 2. A violation of the reinstatement period provisions
19 shall be punishable pursuant to s. 370.021(2)(a) and (b).
20 (d) Rescission and revocation proceedings under this
21 section shall be governed by chapter 120.
22 (4)(5) The department is authorized to make and adopt
23 reasonable rules, regulations, and orders, including emergency
24 rules, to implement this section. The department shall adopt
25 emergency rules to implement the provisions of subparagraph
26 (4)(c)1. by August 1, 1996.
27 Section 8. Subsection (8) of section 370.14, Florida
28 Statutes, 1996 Supplement, is amended to read:
29 370.14 Crawfish; regulation.--
30 (8)(a) By a special permit granted by the Division of
31 Law Enforcement, a Florida-licensed seafood dealer may
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1 lawfully import, process, and package saltwater crawfish or
2 uncooked tails of the species Panulirus argus during the
3 closed season. However, crawfish landed under special permit
4 shall not be sold in the state.
5 (b) The licensed seafood dealer importing any such
6 crawfish under the permit shall, 12 hours prior to the time
7 the seagoing vessel or airplane delivering such imported
8 crawfish enters the state, notify the Division of Law
9 Enforcement as to the seagoing vessel's name or the airplane's
10 registration number and its captain, location, and point of
11 destination.
12 (c) At the time the crawfish cargo is delivered to the
13 permitholder's place of business, the crawfish cargo shall be
14 weighed in the presence of the marine patrol officer, and
15 shall be available for inspection by the department. A signed
16 receipt of such quantity in pounds shall be forwarded to
17 furnished to said officer, which receipt shall be filed by the
18 marine patrol officer with the Division of Law Enforcement's
19 local Florida Marine Patrol office within 48 hours after
20 shipment weigh-in completion. If requested by the department,
21 the weigh-in process must be delayed up to 4 hours to allow a
22 department representative to be present during the process
23 Enforcement.
24 (d) Within 48 hours after the shipment weigh-in
25 completion, from the time the receipt is given to the marine
26 patrol officer, the permitholder shall submit to the Division
27 of Law Enforcement, on forms provided by the division, a sworn
28 report of the quantity in pounds of the saltwater crawfish
29 received, which report shall include the location of said
30 crawfish and a sworn statement that said crawfish were taken
31 at least 50 miles from Florida's shoreline. The landing of
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1 crawfish or crawfish tails from which the eggs, swimmerettes,
2 or pleopods have been removed; the falsification of
3 information as to area from which crawfish were obtained; or
4 the failure to file the report called for in this section
5 shall be grounds to revoke the permit.
6 (e) Each permitholder shall keep throughout the period
7 of the closed season copies of the bill of sale or invoices
8 covering each transaction involving crawfish imported under
9 this permit. Such invoices and bills shall be kept available
10 at all times for inspection by the division.
11 Section 9. Paragraph (c) of subsection (2) of section
12 370.142, Florida Statutes, 1996 Supplement, is amended to
13 read:
14 370.142 Spiny lobster trap certificate program.--
15 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
16 PENALTIES.--The Department of Environmental Protection shall
17 establish a trap certificate program for the spiny lobster
18 fishery of this state and shall be responsible for its
19 administration and enforcement as follows:
20 (c) Prohibitions; penalties.--
21 1. It is unlawful for a person to possess or use a
22 spiny lobster trap in or on state waters or adjacent federal
23 waters without having affixed thereto the trap tag required by
24 this section. It is unlawful for a person to possess or use
25 any other gear or device designed to attract and enclose or
26 otherwise aid in the taking of spiny lobster by trapping that
27 is not a trap as defined in rule 46-24.006(2), Florida
28 Administrative Code.
29 2. It is unlawful for a person to possess or use spiny
30 lobster trap tags without having the necessary number of
31 certificates on record as required by this section.
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1 3. In addition to any other penalties provided in s.
2 370.021, and unless otherwise provided in this section, a
3 commercial harvester, as defined by rule 46-24.002(1), Florida
4 Administrative Code, who violates the provisions of this
5 section, or the provisions of chapter 46-24, Florida
6 Administrative Code relating to traps, shall be punished as
7 follows:
8 a. If the first violation is for violation of
9 subparagraph 1. or subparagraph 2., the department shall
10 assess an additional a civil penalty of up to $1,000 and the
11 crawfish trap number issued pursuant to s. 370.14(2) or (7)
12 may be suspended for the remainder of the current license
13 year. For all other first violations, the department shall
14 assess an additional a civil penalty of up to $500.
15 b. For a second violation of subparagraph 1. or
16 subparagraph 2. which occurs within 24 months of any previous
17 such violation, the department shall assess an additional a
18 civil penalty of up to $2,000 and the crawfish trap number
19 issued pursuant to s. 370.14(2) or (7) may be suspended for
20 the remainder of the current license year.
21 c. For a third or subsequent violation of subparagraph
22 1. or subparagraph 2. which occurs within 36 months of any
23 previous two such violations, the department shall assess an
24 additional a civil penalty of up to $5,000 and may suspend the
25 crawfish trap number issued pursuant to s. 370.14(2) or (7)
26 for a period of up to 24 months or may revoke the crawfish
27 trap number and, if revoking the crawfish trap number, may
28 also proceed against the licenseholder's saltwater products
29 license in accordance with the provisions of s. 370.021(2)(e).
30
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1 d. Any person assessed an additional a civil penalty
2 pursuant to this section shall within 30 calendar days after
3 notification:
4 (I) Pay the civil penalty to the department; or
5 (II) Request an administrative hearing pursuant to the
6 provisions of s. 120.60.
7 e. The department shall suspend the crawfish trap
8 number issued pursuant to s. 370.14(2) or (7) for any person
9 failing to comply with the provisions of sub-subparagraph d.
10 4.a. It is unlawful for any person to make, alter,
11 forge, counterfeit, or reproduce a spiny lobster trap tag or
12 certificate.
13 b. It is unlawful for any person to knowingly have in
14 his or her possession a forged, counterfeit, or imitation
15 spiny lobster trap tag or certificate.
16 c. It is unlawful for any person to barter, trade,
17 sell, supply, agree to supply, aid in supplying, or give away
18 a spiny lobster trap tag or certificate or to conspire to
19 barter, trade, sell, supply, aid in supplying, or give away a
20 spiny lobster trap tag or certificate unless such action is
21 duly authorized by the department as provided in this chapter
22 or in the rules of the department.
23 5.a. Any person who violates the provisions of
24 subparagraph 4., or any person who engages in the commercial
25 harvest, trapping, or possession of spiny lobster without a
26 crawfish trap number as required by s. 370.14(2) or (7) or
27 during any period while such crawfish trap number is under
28 suspension or revocation, commits a felony of the third
29 degree, punishable as provided in s. 775.082, s. 775.083, or
30 s. 775.084.
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1 b. In addition to any penalty imposed pursuant to
2 sub-subparagraph a., the department shall levy a fine of up to
3 twice the amount of the appropriate surcharge to be paid on
4 the fair market value of the transferred certificates, as
5 provided in subparagraph (a)1., on any person who violates the
6 provisions of sub-subparagraph 4.c.
7 6. Any certificates for which the annual certificate
8 fee is not paid for a period of 3 years shall be considered
9 abandoned and shall revert to the department. During any
10 period of trap reduction, any certificates reverting to the
11 department shall become permanently unavailable and be
12 considered in that amount to be reduced during the next
13 license-year period. Otherwise, any certificates that revert
14 to the department are to be reallotted in such manner as
15 provided by the department.
16 7. The proceeds of all civil penalties collected
17 pursuant to subparagraph 3. and all fines collected pursuant
18 to sub-subparagraph 5.b. shall be deposited into the Marine
19 Resources Conservation Trust Fund.
20 8. All traps shall be removed from the water during
21 any period of suspension or revocation.
22 Section 10. Subsection (6) of section 370.15, Florida
23 Statutes, is amended to read:
24 370.15 Shrimp; regulation.--
25 (6) SHRIMP TRAWLING.--All persons, firms, and
26 corporations desiring to trawl for shrimp within areas in
27 which trawling is permitted shall have a noncommercial trawl
28 or net registration or purchase a saltwater products license
29 issued to a valid boat registration or in the name of an
30 individual pursuant to s. 370.06. The saltwater products
31 license shall remain on board at all times and is subject to
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1 immediate revocation upon conviction for violation of this
2 section or when it becomes apparent that the best interests of
3 saltwater conservation will be served by such action. A
4 noncommercial trawl or net registration must be issued to each
5 net used to take shrimp for noncommercial purposes. Such net
6 or trawl shall have a corkline measurement of 16 feet or less.
7 Possession of shrimp under a noncommercial registration is
8 limited to 25 pounds while on the water. Due to the varied
9 habitats and types of bottoms and hydrographic conditions
10 embraced by the open fishing area, the division shall have the
11 authority to specify and regulate the types of gear that may
12 be used in the different sections of the open areas.
13 Section 11. Subsection (2) of section 370.25, Florida
14 Statutes, is amended and subsections (4) and (5) are added to
15 that section to read:
16 370.25 Artificial fishing reef program; construction
17 grants to local governments.--
18 (2) The department may shall adopt by rule procedures
19 for submitting a grant application and criteria for allocating
20 available funds. Such criteria may shall include, but not be
21 limited to, the following:
22 (a) The number of artificial fishing reefs currently
23 located in the general vicinity;
24 (b) The demand and public support for the proposed
25 reef;
26 (c) The number of public and private access points to
27 the proposed reef;
28 (d) The commitment of the local government to provide
29 funds to construct and maintain the proposed reef; and
30 (e) The estimated cost of constructing the proposed
31 reef.
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1 (4) It is unlawful for any person to:
2 (a) Transport across state waters potential
3 reef-construction materials, unless a valid
4 artificial-reef-construction permit issued by the department
5 and either an inspection manifest issued by the department or
6 a department-certified inspector is on board the transporting
7 vessel. The permit and manifest must be available for
8 inspection upon request. The owner of the vessel must return a
9 copy of the permit and manifest to the department upon
10 placement of the inspected reef materials.
11 (b) Store on a vessel potential reef-construction
12 materials, unless the materials have been inspected and
13 approved or are scheduled to be inspected.
14 (c) Place artificial-reef-construction materials in
15 state waters outside zones permitted under the terms and
16 conditions defined in the applicable environmental permits and
17 under United States Army Corps of Engineers permits held by
18 the department or a local government.
19 (d) Place in state waters artificial-reef-construction
20 materials that have not been inspected and approved by the
21 department or a department-certified inspector.
22 (5)(a) An initial violation of subsection (4) is a
23 misdemeanor of the first degree, punishable as provided in s.
24 775.082 or s. 775.083. A violation of subsection (4) which is
25 committed within 12 months after a previous violation of that
26 subsection is a felony of the third degree, punishable as
27 provided in s. 775.082 or s. 775.083.
28 (b) If the operator of a vessel violates paragraph
29 (a), paragraph (c), or paragraph (d) of subsection (4), a law
30 enforcement officer must order the vessel operator to return
31 immediately to port. The vessel operator must immediately
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1 dispose of the materials according to applicable
2 waste-disposal laws.
3 (c) If, at the time of the violation, the vessel:
4 1. Is moored, the registered owner of the vessel is
5 responsible for the violation.
6 2. Is underway, the operator of the vessel and the
7 registered owner of the vessel are responsible for the
8 violation.
9 (d) In addition to seeking criminal penalties, the
10 department may levy an administrative fine for a violation of
11 subsection (4) in an amount not to exceed $5,000, may seek
12 civil penalties, and may revoke existing reef-construction
13 permits and other state marine licenses held by the violator.
14 Section 12. Subsection (7) of section 370.08, Florida
15 Statutes, is repealed.
16 Section 13. Subsection (3) of section 370.0821,
17 Florida Statutes, is repealed.
18 Section 14. Subsections (2) and (3) of section 370.11,
19 Florida Statutes, are repealed.
20 Section 15. Section 370.1125, Florida Statutes, is
21 repealed.
22 Section 16. Section 370.114, Florida Statutes, is
23 repealed.
24 Section 17. Subsection (2) of section 370.13, Florida
25 Statutes, is repealed.
26 Section 18. Subsections (2), (3), and (4) of section
27 370.135, Florida Statutes, are repealed.
28 Section 19. Subsection (6) of section 370.14, Florida
29 Statutes, 1996 Supplement, is repealed.
30 Section 20. Subsections (2) and (3) of section 370.15,
31 Florida Statutes, are repealed.
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1 Section 21. Subsection (2) of section 370.151, Florida
2 Statutes, is repealed.
3 Section 22. Paragraphs (c), (d), and (e) of subsection
4 (4) and paragraphs (b) and (d) of subsection (5) of section
5 370.153, Florida Statutes, 1996 Supplement, are repealed.
6 Section 23. Section 370.156, Florida Statutes, is
7 repealed.
8 Section 24. Section 370.157, Florida Statutes, is
9 repealed.
10 Section 25. This act shall take effect upon becoming a
11 law.
12
13 *****************************************
14 SENATE SUMMARY
15 Amends and repeals various sections of chapter 370, F.S.,
relating to the powers of the Florida Marine Fisheries
16 Commission and the Department of Environmental Protection
to regulate the harvesting of various types of marine
17 life.
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