House Bill hb1243e1

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                                       CS/HB 1243, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 370.021,

  4         F.S.; revising violations and penalties

  5         relating to saltwater fisheries; revising

  6         grounds and penalties for violation of

  7         restrictions imposed upon a saltwater products

  8         licensee during the period of license

  9         suspension or revocation; creating penalties

10         for purchase or sale of illegally harvested

11         saltwater products taken in violation of s. 16,

12         Art. X of the State Constitution; clarifying

13         that licenses or permits under which a

14         violation is committed may be subject to

15         suspension or revocation; clarifying that

16         persons, firms, or corporations cited for

17         violations are subject to monetary penalties

18         assessed by the commission; amending s. 370.06,

19         F.S.; revising and clarifying requirements for

20         saltwater products licenses and endorsements;

21         clarifying the saltwater products license

22         income exemption for disabled persons; limiting

23         the restricted species endorsement available to

24         such persons; providing that saltwater products

25         received by a wholesale dealer; are presumed to

26         have been purchased; amending s. 370.061, F.S.;

27         revising and clarifying requirements and

28         procedures for confiscation and forfeiture of

29         property used in a saltwater products

30         violation; requiring notice of seizure to the

31         registered owner of the property prior to


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                                       CS/HB 1243, First Engrossed



  1         issuance of a forfeiture order; authorizing the

  2         courts to order property forfeited to the

  3         commission for second or subsequent

  4         convictions; revising procedure for return of

  5         property to an innocent owner; amending s.

  6         370.07, F.S.; prohibiting purchase or sale of

  7         illegally taken saltwater products; providing a

  8         penalty; providing that saltwater products

  9         received by a retail dealer or restaurant are

10         presumed to have been purchased; correcting a

11         cross reference; reenacting ss. 370.07(5),

12         370.092(3) and (4), and 370.093(5), F.S., to

13         incorporate the amendment to s. 370.021, F.S.,

14         in references; amending s. 370.142, F.S.;

15         correcting cross references; amending s.

16         372.70, F.S.; providing that the state attorney

17         shall represent the state in prosecutions of

18         violations of hunting and fishing laws;

19         amending s. 372.9901, F.S.; revising procedures

20         for seizure and forfeiture of property used in

21         the illegal taking of deer or wild turkey;

22         requiring notice of seizure to the registered

23         owner of the property prior to issuance of a

24         forfeiture order; authorizing the courts to

25         order property forfeited to the commission for

26         second or subsequent convictions; revising

27         procedure for return of property to an innocent

28         owner; amending and renumbering s. 372.31,

29         F.S.; providing for exercise of the police

30         power of the state in cases relating to illegal

31         fishing; creating s. 372.99022, F.S.; providing


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                                       CS/HB 1243, First Engrossed



  1         penalties for molestation of or theft from

  2         certain freshwater fishing gear; prohibiting

  3         transfer of endorsements under certain

  4         circumstances; amending s. 372.9904, F.S.;

  5         correcting a cross reference; amending s.

  6         372.9905, F.S.; combining and conforming

  7         provisions relating to applicability of seizure

  8         and forfeiture requirements; amending s.

  9         323.001, F.S.; correcting a cross reference;

10         repealing ss. 372.311, 372.312, 372.313,

11         372.314, 372.315, 372.316, 372.317, 372.318,

12         372.319, 372.321, and 372.9902, F.S., relating

13         to forfeiture proceedings, delivery of property

14         to a claimant, proceedings when no claim is

15         filed or a claim is filed, representation of

16         the state by the state attorney, judgments of

17         forfeiture, service charges, disposition of

18         proceeds of forfeiture, exercise of police

19         power, and applicability of certain seizure and

20         forfeiture requirements; providing an effective

21         date.

22

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

24

25         Section 1.  Section 370.021, Florida Statutes, is

26  amended to read:

27         370.021  Administration; rules, publications, records;

28  penalties; injunctions.--

29         (1)  PENALTIES.--Unless otherwise provided by law, any

30  person, firm, or corporation who is convicted for violating

31  any provision of this chapter, or any rule of the Fish and


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                                       CS/HB 1243, First Engrossed



  1  Wildlife Conservation Commission relating to the conservation

  2  of marine resources, shall be punished:

  3         (a)  Upon a first conviction, by imprisonment for a

  4  period of not more than 60 days or by a fine of not less than

  5  $100 nor more than $500, or by both such fine and

  6  imprisonment.

  7         (b)  On a second or subsequent conviction within 12

  8  months, by imprisonment for not more than 6 months or by a

  9  fine of not less than $250 nor more than $1,000, or by both

10  such fine and imprisonment.

11

12  Upon final disposition of any alleged offense for which a

13  citation for any violation of this chapter or the rules of the

14  commission has been issued, the court shall, within 10 days,

15  certify the disposition to the commission.

16         (2)  MAJOR VIOLATIONS.--In addition to the penalties

17  provided in paragraphs (1)(a) and (b), the court shall assess

18  additional penalties against any person, firm, or corporation

19  convicted of major violations as follows:

20         (a)  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         (b)  For a violation involving the taking or harvesting

25  of shrimp from a nursery or other prohibited area, or any two

26  violations within a 12-month period involving shrimping gear,

27  minimum size (count), or season, an additional penalty of $10

28  for each pound of illegal shrimp or part thereof.

29         (c)  For a violation involving the taking or harvesting

30  of oysters from nonapproved areas or the taking or possession

31


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                                       CS/HB 1243, First Engrossed



  1  of unculled oysters, an additional penalty of $10 for each

  2  bushel of illegal oysters.

  3         (d)  For a violation involving the taking or harvesting

  4  of clams from nonapproved areas, an additional penalty of $100

  5  for each 500 count bag of illegal clams.

  6         (e)  For a violation involving the taking, harvesting,

  7  or possession of any of the following species, which are

  8  endangered, threatened, or of special concern:

  9         1.  Shortnose sturgeon (Acipenser brevirostrum);

10         2.  Atlantic sturgeon (Acipenser oxyrhynchus);

11         3.  Common snook (Centropomus undecimalis);

12         4.  Atlantic loggerhead turtle (Caretta caretta

13  caretta);

14         5.  Atlantic green turtle (Chelonia mydas mydas);

15         6.  Leatherback turtle (Dermochelys coriacea);

16         7.  Atlantic hawksbill turtle (Eretmochelys imbricata

17  imbracata);

18         8.  Atlantic ridley turtle (Lepidochelys kempi); or

19         9.  West Indian manatee (Trichechus manatus

20  latirostris),

21

22  an additional penalty of $100 for each unit of marine life or

23  part thereof.

24         (f)  For a second or subsequent conviction within 24

25  months for any violation of the same law or rule involving the

26  taking or harvesting of more than 100 pounds of any finfish,

27  an additional penalty of $5 for each pound of illegal finfish.

28         (g)  For any violation involving the taking,

29  harvesting, or possession of more than 1,000 pounds of any

30  illegal finfish, an additional penalty equivalent to the

31  wholesale value of the illegal finfish.


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                                       CS/HB 1243, First Engrossed



  1         (h)  The proceeds from the penalties assessed pursuant

  2  to this subsection shall be deposited into the Marine

  3  Resources Conservation Trust Fund to be used for marine

  4  fisheries research or into the commission's Federal Law

  5  Enforcement Trust Fund as provided in s. 372.107, as

  6  applicable.

  7         (h)(i)  Permits issued to any person, firm, or

  8  corporation by the commission to take or harvest saltwater

  9  products, or any license issued pursuant to s. 370.06 or s.

10  370.07 may be suspended or revoked by the commission, pursuant

11  to the provisions and procedures of s. 120.60, for any major

12  violation prescribed in this subsection:

13         1.  Upon a first conviction for a major violation, for

14  up to 30 calendar days.

15         2.  Upon a second conviction for a violation which

16  occurs within 12 months after a prior violation, for up to 90

17  calendar days.

18         3.  Upon a third conviction for a violation which

19  occurs within 24 months after a prior conviction violation,

20  for up to 180 calendar days.

21         4.  Upon a fourth conviction for a violation which

22  occurs within 36 months after a prior conviction violation,

23  for a period of 6 months to 3 years.

24         (i)(j)  Upon the arrest and conviction for a major

25  violation involving stone crabs, the licenseholder must show

26  just cause why his or her license should not be suspended or

27  revoked. For the purposes of this paragraph, a "major

28  violation" means a major violation as prescribed for illegal

29  stone crabs; any single violation involving possession of more

30  than 25 stone crabs during the closed season or possession of

31  25 or more whole-bodied or egg-bearing stone crabs; any


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                                       CS/HB 1243, First Engrossed



  1  violation for trap molestation, trap robbing, or pulling traps

  2  at night; or any combination of violations in any

  3  3-consecutive-year period wherein more than 75 illegal stone

  4  crabs in the aggregate are involved.

  5         (j)(k)  Upon the arrest and conviction for a major

  6  violation involving crawfish, the licenseholder must show just

  7  cause why his or her license should not be suspended or

  8  revoked.  For the purposes of this paragraph, a "major

  9  violation" means a major violation as prescribed for illegal

10  crawfish; any single violation involving possession of more

11  than 25 crawfish during the closed season or possession of

12  more than 25 wrung crawfish tails or more than 25 egg-bearing

13  or stripped crawfish; any violation for trap molestation, trap

14  robbing, or pulling traps at night; or any combination of

15  violations in any 3-consecutive-year period wherein more than

16  75 illegal crawfish in the aggregate are involved.

17         (k)(l)  Upon the arrest and conviction for a major

18  violation involving blue crabs, the licenseholder shall show

19  just cause why his or her saltwater products license should

20  not be suspended or revoked.  This paragraph shall not apply

21  to an individual fishing with no more than five traps.  For

22  the purposes of this paragraph, a "major violation" means a

23  major violation as prescribed for illegal blue crabs, any

24  single violation wherein 50 or more illegal blue crabs are

25  involved; any violation for trap molestation, trap robbing, or

26  pulling traps at night; or any combination of violations in

27  any 3-consecutive-year period wherein more than 100 illegal

28  blue crabs in the aggregate are involved.

29         (l)(m)  Upon the conviction for a major violation

30  involving finfish, the licenseholder must show just cause why

31  his or her saltwater products license should not be suspended


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                                       CS/HB 1243, First Engrossed



  1  or revoked. For the purposes of this paragraph, a major

  2  violation is prescribed for the taking and harvesting of

  3  illegal finfish, any single violation involving the possession

  4  of more than 100 pounds of illegal finfish, or any combination

  5  of violations in any 3-consecutive-year period wherein more

  6  than 200 pounds of illegal finfish in the aggregate are

  7  involved.

  8         (n)  Upon final disposition of any alleged offense for

  9  which a citation for any violation of this chapter or the

10  rules of the Fish and Wildlife Conservation Commission has

11  been issued, the court shall, within 10 days, certify the

12  disposition to the commission.

13         (m)(o)  For a violation involving the taking or

14  harvesting of any marine life species, as those species are

15  defined by rule of the commission, the harvest of which is

16  prohibited, or the taking or harvesting of such a species out

17  of season, or with an illegal gear or chemical, or any

18  violation involving the possession of 25 or more individual

19  specimens of marine life species, or any combination of

20  violations in any 3-year period involving more than 70 such

21  specimens in the aggregate, the suspension or revocation of

22  the licenseholder's marine life endorsement as provided in

23  paragraph (h) (i).

24

25  Notwithstanding the provisions of s. 948.01, no court may

26  suspend, defer, or withhold adjudication of guilt or

27  imposition of sentence for any major violation prescribed in

28  this subsection. The proceeds from the penalties assessed

29  pursuant to this subsection shall be deposited into the Marine

30  Resources Conservation Trust Fund to be used for marine

31  fisheries research or into the commission's Federal Law


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                                       CS/HB 1243, First Engrossed



  1  Enforcement Trust Fund as provided in s. 372.107, as

  2  applicable.

  3         (3)  PENALTIES FOR USE OF ILLEGAL NETS.--

  4         (a)  It is shall be a major violation pursuant to this

  5  section, punishable subsection (3) and shall be punished as

  6  provided in paragraph (b) below for any person, firm, or

  7  corporation to be simultaneously in possession of any species

  8  of mullet in excess of the recreational daily bag limit and

  9  any gill or other entangling net as defined in s. 16(c), Art.

10  X of the State Constitution. Simultaneous possession under

11  this provision shall include possession of mullet and gill or

12  other entangling nets on separate vessels or vehicles where

13  such vessels or vehicles are operated in coordination with one

14  another including vessels towed behind a main vessel. This

15  subsection does not prohibit a resident of this state from

16  transporting on land, from Alabama to this state, a commercial

17  quantity of mullet together with a gill net if:

18         1.  The person possesses a valid commercial fishing

19  license that is issued by the State of Alabama and that allows

20  the person to use a gill net to legally harvest mullet in

21  commercial quantities from Alabama waters.

22         2.  The person possesses a trip ticket issued in

23  Alabama and filled out to match the quantity of mullet being

24  transported, and the person is able to present such trip

25  ticket immediately upon entering this state.

26         3.  The mullet are to be sold to a wholesale saltwater

27  products dealer located in Escambia County or Santa Rosa

28  County, which dealer also possesses a valid seafood dealer's

29  license issued by the State of Alabama. The dealer's name must

30  be clearly indicated on the trip ticket.

31


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                                       CS/HB 1243, First Engrossed



  1         4.  The mullet being transported are totally removed

  2  from any net also being transported.

  3         (b)  In addition to being subject to the other

  4  penalties provided in this chapter, any violation of s. 16(b),

  5  Art. X of the State Constitution, or any rules of the Fish and

  6  Wildlife Conservation commission which implement the gear

  7  prohibitions and restrictions specified therein shall be

  8  considered a major violation; and any person, firm, or

  9  corporation receiving any judicial disposition other than

10  acquittal or dismissal of such violation shall be subject to

11  the following additional penalties:

12         1.  For a first major violation within a 7-year period,

13  a civil penalty of $2,500 and suspension of all saltwater

14  products license privileges for 90 calendar days following

15  final disposition shall be imposed.

16         2.  For a second major violation under this paragraph

17  charged within 7 years of a previous judicial disposition,

18  which results in a second judicial disposition other than

19  acquittal or dismissal, a civil penalty of $5,000 and

20  suspension of all saltwater products license privileges for 12

21  months shall be imposed.

22         3.  For a third or and subsequent major violation under

23  this paragraph, charged within a 7-year period, resulting in a

24  third or subsequent judicial disposition other than acquittal

25  or dismissal, a civil penalty of $5,000, lifetime revocation

26  of the saltwater products license, and forfeiture of all gear

27  and equipment used in the violation shall be imposed.

28

29  A court may suspend, defer, or withhold adjudication of guilt

30  or imposition of sentence only for any first violation of s.

31  16, Art. X of the State Constitution, or any rule or statute


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                                       CS/HB 1243, First Engrossed



  1  implementing its restrictions, determined by a court only

  2  after consideration of competent evidence of mitigating

  3  circumstances to be a nonflagrant or minor violation of those

  4  restrictions upon the use of nets.  Any violation of s. 16,

  5  Art. X of the State Constitution, or any rule or statute

  6  implementing its restrictions, occurring within a 7-year

  7  period commencing upon the conclusion of any judicial

  8  proceeding resulting in any outcome other than acquittal shall

  9  be punished as a second, third, or subsequent violation

10  accordingly.

11         (c)  During the period of suspension or revocation of

12  saltwater license privileges under this subsection, the

13  licensee shall may not participate in the taking or

14  harvesting, or attempt the taking or harvesting, of saltwater

15  products from any vessel within the waters of the state; be

16  aboard any vessel on which a commercial quantity of saltwater

17  products is possessed through an activity requiring a license

18  pursuant to this section; or engage in, or any other activity

19  requiring a license, permit, or certificate issued pursuant to

20  this chapter. Any person who is convicted of violating

21  violates this paragraph is:

22         1.  Upon a first or second conviction, is guilty of a

23  misdemeanor of the first degree, punishable as provided in s.

24  775.082 or s. 775.083 to be punished as provided by paragraph

25  (1)(a) or paragraph (1)(b).

26         2.  Upon a third or subsequent conviction, is guilty of

27  a felony of the third degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.

29         (d)  Upon reinstatement of saltwater license privileges

30  suspended pursuant to a violation of this subsection section,

31  a licensee owning or operating a vessel containing or


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                                       CS/HB 1243, First Engrossed



  1  otherwise transporting in or on Florida waters any gill net or

  2  other entangling net, or containing or otherwise transporting

  3  in nearshore and inshore Florida waters any net containing

  4  more than 500 square feet of mesh area shall remain restricted

  5  for a period of 12 months following reinstatement, to

  6  operating operation under the following conditions:

  7         1.  Vessels subject to this reinstatement period shall

  8  be restricted to the corridors established by commission rule.

  9         2.  A violation of the reinstatement period provisions

10  shall be punishable pursuant to paragraphs (1)(a) and (b).

11         (e)  Rescission and revocation proceedings under this

12  section shall be governed by chapter 120.

13         (4)  ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS

14  INVOLVING CERTAIN FINFISH.--It is shall be a major violation

15  pursuant to this section, and punishable as provided in

16  pursuant to paragraph (3)(b), for any person to be in

17  possession of any species of trout, snook, or redfish which is

18  three fish in excess of the recreational or commercial daily

19  bag limit.

20         (5)  BUYING SALTWATER PRODUCTS; UNLICENSED SELLERS;

21  ILLEGALLY HARVESTED PRODUCTS FROM UNLICENSED SELLER.--In

22  addition to being subject to other penalties authorized

23  provided in this chapter, any violation of s. 370.06 or s.

24  370.07, or rules of the commission implementing s. 370.06 or

25  s. 370.07, involving the purchase of saltwater products by a

26  commercial wholesale dealer, retail dealer, or restaurant

27  facility for public consumption from an unlicensed person,

28  firm, or corporation, or the sale of saltwater products by an

29  unlicensed person, firm, or corporation or the purchase or

30  sale of any saltwater product known to be taken in violation

31  of s. 16, Art. X of the State Constitution, or rule or statute


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                                       CS/HB 1243, First Engrossed



  1  implementing the provisions thereof, by a commercial wholesale

  2  dealer, retail dealer, or restaurant facility, for public

  3  consumption, is shall be a major violation, and the commission

  4  may assess the following penalties:

  5         (a)  For a first violation, the commission may assess a

  6  civil penalty of up to $2,500 and may suspend the wholesale or

  7  retail dealer's license privileges for up to 90 calendar days.

  8         (b)  For a second violation occurring within 12 months

  9  of a prior violation, the commission may assess a civil

10  penalty of up to $5,000 and may suspend the wholesale or

11  retail dealer's license privileges for up to 180 calendar

12  days.

13         (c)  For a third or subsequent violation occurring

14  within a 24-month period, the commission shall assess a civil

15  penalty of $5,000 and shall suspend the wholesale or retail

16  dealer's license privileges for up to 24 months.

17

18  Any proceeds from the civil penalties assessed pursuant to

19  this subsection shall be deposited into the Marine Resources

20  Conservation Trust Fund and shall be used as follows:  40

21  percent for administration and processing purposes and 60

22  percent for law enforcement purposes.

23         (6)  PUBLICATIONS BY COMMISSION.--The Fish and Wildlife

24  Conservation commission is given authority, from time to time

25  in its discretion, to cause the statutory laws under its

26  jurisdiction, together with any rules and regulations

27  promulgated by it, to be published in pamphlet form for free

28  distribution in this state.  The commission is authorized to

29  make charges for technical and educational publications and

30  mimeographed material of use for educational or reference

31  purposes.  Such charges shall be made at the discretion of the


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                                       CS/HB 1243, First Engrossed



  1  commission.  Such charges may be sufficient to cover cost of

  2  preparation, printing, publishing, and distribution. All

  3  moneys received for publications shall be deposited into the

  4  fund from which the cost of the publication was paid.  The

  5  commission is further authorized to enter into agreements with

  6  persons, firms, corporations, governmental agencies, and other

  7  institutions whereby publications may be exchanged

  8  reciprocally in lieu of payments for said publications.

  9         (7)  POWERS OF OFFICERS.--

10         (a)  Law enforcement officers of the Fish and Wildlife

11  Conservation commission are constituted law enforcement

12  officers of this state with full power to investigate and

13  arrest for any violation of the laws of this state and the

14  rules and regulations of the commission under their

15  jurisdiction. The general laws applicable to arrests by peace

16  officers of this state shall also be applicable to law

17  enforcement officers of the commission. Such law enforcement

18  officers may enter upon any land or waters of the state for

19  performance of their lawful duties and may take with them any

20  necessary equipment, and such entry will not constitute a

21  trespass. It is lawful for any boat, motor vehicle, or

22  aircraft owned or chartered by the commission or its agents or

23  employees to land on and depart from any of the beaches or

24  waters of the state. Such law enforcement officers have the

25  authority, without warrant, to board, inspect, and search any

26  boat, fishing appliance, storage or processing plant,

27  fishhouse, spongehouse, oysterhouse, or other warehouse,

28  building, or vehicle engaged in transporting or storing any

29  fish or fishery products. Such authority to search and inspect

30  without a search warrant is limited to those cases in which

31  such law enforcement officers have reason to believe that fish


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                                       CS/HB 1243, First Engrossed



  1  or any saltwater products are taken or kept for sale, barter,

  2  transportation, or other purposes in violation of laws or

  3  rules promulgated under this law. Any such law enforcement

  4  officer may at any time seize or take possession of any

  5  saltwater products or contraband which have been unlawfully

  6  caught, taken, or processed or which are unlawfully possessed

  7  or transported in violation of any of the laws of this state

  8  or any rule or regulation of the commission. Such law

  9  enforcement officers may arrest any person in the act of

10  violating any of the provisions of this law, the rules or

11  regulations of the commission, or any of the laws of this

12  state. It is hereby declared unlawful for any person to resist

13  such arrest or in any manner interfere, either by abetting or

14  assisting such resistance or otherwise interfering, with any

15  such law enforcement officer while engaged in the performance

16  of the duties imposed upon him or her by law or rule

17  regulation of the commission.

18         (b)  The Legislature finds that the checking and

19  inspection of saltwater products aboard vessels is critical to

20  good fishery management and conservation and that, because

21  almost all saltwater products are either iced or cooled in

22  closed areas or containers, the enforcement of seasons, size

23  limits, and bag limits can only be effective when inspection

24  of saltwater products so stored is immediate and routine.

25  Therefore, in addition to the authority granted in paragraph

26  (a), a law enforcement officer of the commission who has

27  probable cause to believe that the vessel has been used for

28  fishing prior to the inspection shall have full authority to

29  open and inspect all containers or areas where saltwater

30  products are normally kept aboard vessels while such vessels

31  are on the water, such as refrigerated or iced locations,


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                                       CS/HB 1243, First Engrossed



  1  coolers, fish boxes, and bait wells, but specifically

  2  excluding such containers that are located in sleeping or

  3  living areas of the vessel.

  4         (8)  RETENTION, DESTRUCTION, AND REPRODUCTION OF

  5  RECORDS.--Records and documents of the Fish and Wildlife

  6  Conservation commission created in compliance with and in the

  7  implementation of this chapter or former chapter 371 shall be

  8  retained by the commission as specified in record retention

  9  schedules established under the general provisions of chapters

10  119 and 257. Such records retained by the Department of

11  Environmental Protection on July 1, 1999, shall be transferred

12  to the commission. Further, the commission is authorized to:

13         (a)  Destroy, or otherwise dispose of, those records

14  and documents in conformity with the approved retention

15  schedules.

16         (b)  Photograph, microphotograph, or reproduce such

17  records and documents on film, as authorized and directed by

18  the approved retention schedules, whereby each page will be

19  exposed in exact conformity with the original records and

20  documents retained in compliance with the provisions of this

21  section. Photographs or microphotographs in the form of film

22  or print of any records, made in compliance with the

23  provisions of this section, shall have the same force and

24  effect as the originals thereof would have and shall be

25  treated as originals for the purpose of their admissibility in

26  evidence. Duly certified or authenticated reproductions of

27  such photographs or microphotographs shall be admitted in

28  evidence equally with the original photographs or

29  microphotographs.  The impression of the seal of the Fish and

30  Wildlife Conservation commission on a certificate made

31  pursuant to the provisions hereof and signed by the executive


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                                       CS/HB 1243, First Engrossed



  1  director of the Fish and Wildlife Conservation commission

  2  shall entitle the same to be received in evidence in all

  3  courts and in all proceedings in this state and shall be prima

  4  facie evidence of all factual matters set forth in the

  5  certificate.  A certificate may relate to one or more records,

  6  as set forth in the certificate, or in a schedule continued on

  7  an attachment to the certificate.

  8         (c)  Furnish certified copies of such records for a fee

  9  of $1 which shall be deposited in the Marine Resources

10  Conservation Trust Fund.

11         (9)  COURTS OF EQUITY MAY ENJOIN.--Courts of equity in

12  this state have jurisdiction to enforce the conservation laws

13  of this state by injunction.

14         (10)  BOND OF EMPLOYEES.--The commission department may

15  require, as it determines, that bond be given by any employee

16  of the commission department or divisions thereof, payable to

17  the Governor of the state and the Governor's successor in

18  office, for the use and benefit of those whom it may concern,

19  in such penal sums with good and sufficient surety or sureties

20  approved by the commission department conditioned for the

21  faithful performance of the duties of such employee.

22         (11)  REVOCATION OF LICENSES.--Any person licensed

23  under this chapter who has been convicted of taking

24  aquaculture species raised at a certified facility shall have

25  his or her license revoked for 5 years by the Fish and

26  Wildlife Conservation commission pursuant to the provisions

27  and procedures of s. 120.60.

28         (12)  LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For

29  purposes of imposing license or permit suspensions or

30  revocations authorized by this chapter, the license or permit

31  under which the violation was committed is subject to


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                                       CS/HB 1243, First Engrossed



  1  suspension or revocation by the commission. For purposes of

  2  assessing monetary civil or administrative penalties

  3  authorized by this chapter, the person, firm, or corporation

  4  cited and subsequently receiving a judicial disposition of

  5  other than dismissal or acquittal in a court of law is subject

  6  to the monetary penalty assessment by the commission. However,

  7  if the license or permit holder of record is not the person,

  8  firm, or corporation receiving the citation and judicial

  9  disposition, the license or permit may be suspended or revoked

10  only after the license or permit holder has been notified by

11  the commission that the license or permit has been cited in a

12  major violation and is now subject to suspension or revocation

13  should the license or permit be cited for subsequent major

14  violations.

15         Section 2.  Subsection (2) of section 370.06, Florida

16  Statutes, is amended to read:

17         370.06  Licenses.--

18         (2)  SALTWATER PRODUCTS LICENSE.--

19         (a)  Every person, firm, or corporation that sells,

20  offers for sale, barters, or exchanges for merchandise any

21  saltwater products, or which harvests saltwater products with

22  certain gear or equipment as specified by law, must have a

23  valid saltwater products license, except that the holder of an

24  aquaculture certificate under s. 597.004 is not required to

25  purchase and possess a saltwater products license in order to

26  possess, transport, or sell marine aquaculture products.  Each

27  saltwater products license allows the holder to engage in any

28  of the activities for which the license is required. The

29  license must be in the possession of the licenseholder or

30  aboard the vessel and is shall be subject to inspection at any

31


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                                       CS/HB 1243, First Engrossed



  1  time that harvesting activities for which a saltwater products

  2  license is required are being conducted.

  3         (b)1.  A restricted species endorsement on the

  4  saltwater products license is required to sell to a licensed

  5  wholesale dealer those species which the state, by law or

  6  rule, has designated as "restricted species." This endorsement

  7  may be issued only to a person who is at least 16 years of

  8  age, or to a firm certifying that over 25 percent of its

  9  income or $5,000 of its income, whichever is less, is

10  attributable to the sale of saltwater products pursuant to a

11  saltwater products license issued under this paragraph or a

12  similar license from another state. This endorsement may also

13  be issued to a for-profit corporation if it certifies that at

14  least $5,000 of its income is attributable to the sale of

15  saltwater products pursuant to a saltwater products license

16  issued under this paragraph or a similar license from another

17  state. However, if at least 50 percent of the annual income of

18  a person, firm, or for-profit corporation is derived from

19  charter fishing, the person, firm, or for-profit corporation

20  must certify that at least $2,500 of the income of the person,

21  firm, or corporation is attributable to the sale of saltwater

22  products pursuant to a saltwater products license issued under

23  this paragraph or a similar license from another state, in

24  order to be issued the endorsement. Such income attribution

25  must apply to at least 1 year out of the last 3 years. For the

26  purpose of this section, "income" means that income that which

27  is attributable to work, employment, entrepreneurship,

28  pensions, retirement benefits, and social security benefits.

29         2.  To renew an existing restricted species

30  endorsement, a marine aquaculture producer possessing a valid

31  saltwater products license with a restricted species


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                                       CS/HB 1243, First Engrossed



  1  endorsement may apply income from the sale of marine

  2  aquaculture products to licensed wholesale dealers.

  3         3.1.  The commission is authorized to require

  4  verification of such income for all restricted species

  5  endorsements issued pursuant to this paragraph. Acceptable

  6  proof of income earned from the sale of saltwater products

  7  shall be:

  8         a.  Copies of trip ticket records generated pursuant to

  9  this subsection (marine fisheries information system),

10  documenting qualifying sale of saltwater products;

11         b.  Copies of sales records from locales other than

12  Florida documenting qualifying sale of saltwater products;

13         c.  A copy of the applicable federal income tax return,

14  including Form 1099 attachments, verifying income earned from

15  the sale of saltwater products;

16         d.  Crew share statements verifying income earned from

17  the sale of saltwater products; or

18         e.  A certified public accountant's notarized statement

19  attesting to qualifying source and amount of income.

20

21  Notwithstanding any other provision of law Any provision of

22  this section or any other section of the Florida Statutes to

23  the contrary notwithstanding, any person who owns a retail

24  seafood market or restaurant at a fixed location for at least

25  3 years, who has had an occupational license for 3 years prior

26  to January 1, 1990, who harvests saltwater products to supply

27  his or her retail store, and who has had a saltwater products

28  license for 1 of the past 3 license years prior to January 1,

29  1990, may provide proof of his or her verification of income

30  and sales value at the person's retail seafood market or

31  restaurant and in his or her saltwater products enterprise by


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                                       CS/HB 1243, First Engrossed



  1  affidavit and shall thereupon be issued a restricted species

  2  endorsement.

  3         4.2.  Exceptions from income requirements shall be as

  4  follows:

  5         a.  A permanent restricted species endorsement shall be

  6  available to those persons age 62 and older who have qualified

  7  for such endorsement for at least 3 out of the last 5 years.

  8         b.  Active military duty time shall be excluded from

  9  consideration of time necessary to qualify and shall not be

10  counted against the applicant for purposes of qualifying.

11         c.  Upon the sale of a used commercial fishing vessel

12  owned by a person, firm, or corporation possessing or eligible

13  for a restricted species endorsement, the purchaser of such

14  vessel shall be exempted from the qualifying income

15  requirement for the purpose of obtaining a restricted species

16  endorsement for a period of 1 year after purchase of the

17  vessel.

18         d.  Upon the death or permanent disablement of a person

19  possessing a restricted species endorsement, an immediate

20  family member wishing to carry on the fishing operation shall

21  be exempted from the qualifying income requirement for the

22  purpose of obtaining a restricted species endorsement for a

23  period of 1 year after the death or disablement.

24         e.  A restricted species endorsement may be issued on

25  an individual saltwater products license to a person age 62 or

26  older who documents that at least $2,500 of such person's

27  income is attributable to the sale of saltwater products

28  pursuant to the provisions of this paragraph.

29         f.  A permanent restricted species endorsement may also

30  be issued on an individual saltwater products license to a

31


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                                       CS/HB 1243, First Engrossed



  1  person age 70 or older who has held a saltwater products

  2  license for at least 3 of the last 5 license years.

  3         g.  Any resident who is certified to be totally and

  4  permanently disabled by the Railroad Retirement Board, by the

  5  United States Department of Veterans Affairs or its

  6  predecessor, or by any branch of the United States Armed

  7  Forces, or who holds a valid identification card issued by the

  8  Department of Veterans' Affairs pursuant to s. 295.17, upon

  9  proof of the same, or any resident certified to be disabled by

10  the United States Social Security Administration or a licensed

11  physician, upon proof of the same, shall be exempted from the

12  income requirements if he or she also has held a saltwater

13  products license for at least 3 of the last 5 license years

14  prior to the date of the disability. A restricted species

15  endorsement issued under this paragraph may be issued only on

16  an individual saltwater products license.

17         (c)  At least one saltwater products license bearing a

18  restricted species endorsement shall be aboard any vessel

19  harvesting restricted species in excess of any bag limit or

20  when fishing under a commercial quota or in commercial

21  quantities, and such vessel shall have a commercial vessel

22  registration. This subsection does not apply to any person,

23  firm, or corporation licensed under s. 370.07(1)(a)1. or (b)

24  for activities pursuant to such licenses.

25         (d)  A saltwater products license may be issued in the

26  name of an individual or a valid boat registration number.

27  Such license is not transferable. A decal shall be issued with

28  each saltwater products license issued to a valid boat

29  registration number. The saltwater products license decal

30  shall be the same color as the vessel registration decal

31  issued each year pursuant to s. 328.48(5) and shall indicate


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                                       CS/HB 1243, First Engrossed



  1  the period of time such license is valid. The saltwater

  2  products license decal shall be placed beside the vessel

  3  registration decal and, in the case of an undocumented vessel,

  4  shall be placed so that the vessel registration decal lies

  5  between the vessel registration number and the saltwater

  6  products license decal. Any saltwater products license decal

  7  for a previous year shall be removed from a vessel operating

  8  on the waters of the state.

  9         (e)  A resident shall pay an annual license fee of $50

10  for a saltwater products license issued in the name of an

11  individual or $100 for a saltwater products license issued to

12  a valid boat registration number. A nonresident shall pay an

13  annual license fee of $200 for a saltwater products license

14  issued in the name of an individual or $400 for a saltwater

15  products license issued to a valid boat registration number.

16  An alien shall pay an annual license fee of $300 for a

17  saltwater products license issued in the name of an individual

18  or $600 for a saltwater products license issued to a valid

19  boat registration number.

20         (f)  Any person who sells saltwater products pursuant

21  to a saltwater products this license may sell only to a

22  licensed wholesale dealer. A saltwater products license must

23  be presented to the licensed wholesale dealer each time

24  saltwater products are sold, and an imprint made thereof. The

25  wholesale dealer shall keep records of each transaction in

26  such detail as may be required by rule of the commission not

27  in conflict with s. 370.07(6), and shall provide the holder of

28  the saltwater products license with a copy of the record. It

29  is unlawful for any licensed wholesale dealer to buy saltwater

30  products from any unlicensed person under the provisions of

31  this section, except that a licensed wholesale dealer may buy


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                                       CS/HB 1243, First Engrossed



  1  from another licensed wholesale dealer. It is unlawful for any

  2  licensed wholesale dealer to buy saltwater products designated

  3  as "restricted species" from any person, firm, or corporation

  4  not possessing a restricted species endorsement on his or her

  5  saltwater products license under the provisions of this

  6  section, except that a licensed wholesale dealer may buy from

  7  another licensed wholesale dealer. For purposes of this

  8  subsection, any saltwater products received by a wholesale

  9  dealer are presumed to have been purchased.

10         (g)  The commission shall be the licensing agency, may

11  contract with private persons or entities to implement aspects

12  of the licensing program, and shall establish by rule a marine

13  fisheries information system in conjunction with the licensing

14  program to gather fisheries data.

15         (h)(b)  Any person who sells, offers for sale, barters,

16  or exchanges for merchandise saltwater products must have a

17  method of catch preservation which meets the requirements and

18  standards of the seafood quality control code promulgated by

19  the commission.

20         (i)(c)  A saltwater products license is required to

21  harvest commercial quantities of saltwater products.  Any

22  vessel from which commercial quantities of saltwater products

23  are harvested must have a commercial vessel registration.

24  Commercial quantities of saltwater products shall be defined

25  as:

26         1.  With respect to those species for which no bag

27  limit has been established, more than 100 pounds per person

28  per day, provided that the harvesting of two fish or less per

29  person per day shall not be considered commercial quantities

30  regardless of aggregate weight; and

31


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                                       CS/HB 1243, First Engrossed



  1         2.  With respect to those species for which a bag limit

  2  has been established, more than the bag limit allowed by law

  3  or rule.

  4         (j)(d)1.  In addition to the saltwater products

  5  license, a marine life fishing endorsement is required for the

  6  harvest of marine life species as defined by rule of the Fish

  7  and Wildlife Conservation Commission. This endorsement may be

  8  issued only to a person who is at least 16 years of age or

  9  older or to a corporation holding a valid restricted species

10  endorsement.

11         2.a.  Effective July 1, 1998, and until July 1, 2002, a

12  marine life endorsement may not be issued under this

13  paragraph, except that those endorsements that are active

14  during the 1997-1998 fiscal year may be renewed.

15         b.  In 1998 persons or corporations holding a marine

16  life endorsement that was active in the 1997-1998 fiscal year

17  or an immediate family member of that person must request

18  renewal of the marine life endorsement before December 31,

19  1998.

20         c.  In subsequent years and until July 1, 2002, a

21  marine life endorsement holder or member of his or her

22  immediate family must request renewal of the marine life

23  endorsement before September 30 of each year.

24         d.  If a person or corporation holding an active marine

25  life fishing endorsement or a member of that person's

26  immediate family does not request renewal of the endorsement

27  before the applicable dates specified in this paragraph, the

28  commission shall deactivate that marine life fishing

29  endorsement.

30         e.  In the event of the death or disability of a person

31  holding an active marine life fishing endorsement, the


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                                       CS/HB 1243, First Engrossed



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

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

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

  4         f.  Persons or corporations who hold saltwater product

  5  licenses with marine life fishing endorsements issued to their

  6  vessel registration numbers and who subsequently replace their

  7  existing vessels with new vessels may transfer the existing

  8  marine life fishing endorsement to the new boat registration

  9  numbers.

10         g.  Persons or corporations who hold saltwater product

11  licenses with marine life fishing endorsements issued to their

12  name and who subsequently incorporate or unincorporate may

13  transfer the existing marine life fishing endorsement to the

14  new corporation or person.

15         3.  The fee for a marine life fishery endorsement on a

16  saltwater products license shall be $75.  These license fees

17  shall be collected and deposited in the Marine Resources

18  Conservation Trust Fund and used for the purchase and

19  installation of vessel mooring buoys at coral reef sites and

20  for research related to marine fisheries.

21         Section 3.  Section 370.061, Florida Statutes, is

22  amended to read:

23         (Substantial rewording of section.  See

24         s. 370.061, F.S., for present text.)

25         370.061  Confiscation, seizure, and forfeiture of

26  property and products.--

27         (1)  SEIZURE, FORFEITURE; PROCEDURE.--Nothing in this

28  subsection affects the commission's authority to confiscate in

29  any case illegal saltwater products, illegally taken saltwater

30  products, or illegal fishing gear in accordance with this

31  section.


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                                       CS/HB 1243, First Engrossed



  1         (a)  Property used in connection with a violation

  2  resulting in a conviction for the illegal taking, or attempted

  3  taking, sale, possession, or transportation of saltwater

  4  products is subject to seizure and forfeiture as part of the

  5  commission's efforts to protect the state's marine life.

  6  Saltwater products and seines, nets, boats, motors, other

  7  fishing devices or equipment, and vehicles or other means of

  8  transportation used or attempted to be used in connection

  9  with, as an instrumentality of, or in aiding and abetting such

10  illegal taking or attempted taking are hereby declared to be

11  nuisances.

12         (b)  Upon a conviction of a person in whose possession

13  the property was found, the court having jurisdiction over the

14  criminal offense, notwithstanding any jurisdictional

15  limitations on the amount in controversy, may make a finding

16  that the property was used in connection with a saltwater

17  products violation and may order such property forfeited to

18  the commission.

19         (c)  For purposes of this section, a conviction, except

20  with respect to a first time offender under this chapter for

21  whom adjudication is withheld, is any disposition other than

22  acquittal or dismissal.

23         (2)  SEIZURE, FORFEITURE; NOTICE.--The requirement for

24  a conviction before forfeiture of property establishes to the

25  exclusion of any reasonable doubt that the property was used

26  in connection with the violation resulting in conviction.

27  Prior to the issuance of a forfeiture order for any vessel,

28  vehicle, or other property under subsection (1), the

29  commission shall seize the property and notify the registered

30  owner, if any, that the property has been seized by the

31  commission. Except as provided in subsection (6), the


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                                       CS/HB 1243, First Engrossed



  1  procedures of chapter 932 do not apply to any seizure or

  2  forfeiture of property under this section.

  3         (a)  Notification of property seized under this section

  4  must be sent by certified mail to a registered owner within 14

  5  days after seizure.  If the commission, after diligent

  6  inquiry, cannot ascertain the registered owner, the notice

  7  requirement is satisfied.

  8         (b)  Upon a first conviction for a violation under this

  9  chapter, the property seized under this section shall be

10  returned to the registered owner if the commission fails to

11  prove by a preponderance of the evidence before the court

12  having jurisdiction over the criminal offense that the

13  registered owner aided in, abetted in, participated in, gave

14  consent to, knew of, or had reason to know of the violation.

15         (c)  Upon a second or subsequent conviction for a

16  violation under this chapter, the burden shall be on the

17  registered owner to prove by a preponderance of the evidence

18  before the court having jurisdiction over the criminal offense

19  that the registered owner in no way aided in, abetted in,

20  participated in, knew of, or had reason to know of the second

21  or subsequent violation which resulted in seizure of the

22  lawful property.

23         (d)  Any request for a hearing from a registered owner

24  asserting innocence to recover property seized under these

25  provisions must be sent to the commission's Division of Law

26  Enforcement within 21 days after the registered owner's

27  receipt of the notice of seizure.  If a request for a hearing

28  is not timely received, the court shall forfeit to the

29  commission the right to, title to, and interest in the

30  property seized, subject only to the rights and interests of

31  bona fide lienholders.


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                                       CS/HB 1243, First Engrossed



  1         (e)  If a motor vehicle is seized under this section

  2  and is subject to any existing liens recorded under s. 319.27,

  3  all further proceedings shall be governed by the expressed

  4  intent of the Legislature not to divest any innocent person,

  5  firm, or corporation holding such a recorded lien of any of

  6  its reversionary rights in such motor vehicle or of any of its

  7  rights as prescribed in s. 319.27, and upon any default by the

  8  violator purchaser, the lienholder may foreclose its lien and

  9  take possession of the motor vehicle involved.

10         (3)  COURT ORDER OF FORFEITURE.--When any illegal or

11  illegally used seine, net, trap, or other fishing device or

12  equipment, or illegally taken, possessed, or transported

13  saltwater products, are found and taken into custody, and the

14  owner thereof is not known to the officer finding the item or

15  items, such officer shall immediately procure from the county

16  court judge of the county wherein the item or items were found

17  an order forfeiting the illegally used or illegally taken

18  saltwater products, seines, nets, traps, boats, motors, or

19  other fishing devices to the commission.

20         (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All

21  property forfeited under this section may be destroyed, used

22  by the commission, disposed of by gift to charitable or state

23  institutions, or sold, with the proceeds derived from the sale

24  deposited into the Marine Resources Conservation Trust Fund to

25  be used for law enforcement purposes, or into the commission's

26  Federal Law Enforcement Trust Fund as provided in s. 372.107,

27  as applicable.

28         (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER

29  PRODUCTS; PROCEDURE.--

30         (a)  When an arrest is made pursuant to the provisions

31  of this chapter and illegal, perishable saltwater products or


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                                       CS/HB 1243, First Engrossed



  1  saltwater products illegally taken or landed are confiscated,

  2  the defendant may post bond or cash deposit in an amount

  3  determined by the judge to be the fair value of such

  4  confiscated products. The defendant shall have 24 hours to

  5  transport the products outside the limits of Florida for sale

  6  or other disposition.  Should no bond or cash deposit be given

  7  within the time fixed by the judge, the judge shall order the

  8  sale of the confiscated saltwater products at the highest

  9  price obtainable.  When feasible, at least three bids shall be

10  requested.

11         (b)  Moneys received from the sale of confiscated

12  saltwater products, either by the defendant or by order of the

13  court, shall be received by the judge and shall be remitted to

14  the commission to be deposited into a special escrow account

15  in the State Treasury to be held in trust pending the outcome

16  of the trial of the defendant. If bond is posted by the

17  defendant, it shall also be remitted to the commission to be

18  held in escrow pending the outcome of the trial of the

19  defendant.

20         (c)  In the event of acquittal, the proceeds of a sale

21  or the bond or cash deposit required by this subsection shall

22  be returned to the defendant.  In the event of a conviction,

23  the proceeds of a sale or the bond or cash deposit required by

24  this subsection shall be deposited into the Marine Resources

25  Conservation Trust Fund to be used for law enforcement

26  purposes or into the commission's Federal Law Enforcement

27  Trust Fund as provided in s. 372.107, as applicable.  Such

28  deposit into the Marine Resources Conservation Trust Fund or

29  the Federal Law Enforcement Trust Fund shall constitute

30  confiscation.

31


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                                       CS/HB 1243, First Engrossed



  1         (d)  For purposes of confiscation under this

  2  subsection, the term "saltwater products" has the meaning set

  3  out in s. 370.01(25), except that the term does not include

  4  saltwater products harvested under the authority of a

  5  recreational license unless the amount of such harvested

  6  products exceeds three times the applicable recreational bag

  7  limit for trout, snook, or redfish.

  8         (6)  MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL

  9  FUNDING.--

10         (a)  Any municipal or county law enforcement agency

11  that enforces or assists the commission in enforcing the

12  provisions of this chapter, which results in a forfeiture of

13  property as provided in this section, shall be entitled to

14  receive all or a share of any property based upon its

15  participation in such enforcement.

16         (b)  If a municipal or county law enforcement agency

17  has a marine enforcement unit, any property delivered to any

18  municipal or county law enforcement agency as provided in

19  paragraph (a) may be retained or sold by the municipal or

20  county law enforcement agency, and the property or proceeds

21  shall be used to enforce the provisions of this chapter and

22  chapters 327 and 328. If a municipal or county law enforcement

23  agency does not have a marine enforcement unit, such property

24  or proceeds shall be disposed of under the provisions of

25  chapter 932.

26         (c)  Any funds received by a municipal or county law

27  enforcement agency pursuant to this subsection shall be

28  supplemental funds and may not be used as replacement funds by

29  the municipality or county.

30         Section 4.  Subsections (4), (7), and (8) of section

31  370.07, Florida Statutes, are amended, and, for the purpose of


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                                       CS/HB 1243, First Engrossed



  1  incorporating the amendment to section 370.021, Florida

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

  3  (5) of section 370.07, Florida Statutes, is reenacted, to

  4  read:

  5         370.07  Wholesale and retail saltwater products

  6  dealers; regulation.--

  7         (4)  TRANSPORTATION OF SALTWATER PRODUCTS.--

  8         (a)  A person transporting in this state saltwater

  9  products that were produced in this state, regardless of

10  destination, shall have in his or her possession invoices,

11  bills of lading, or other similar instruments showing the

12  number of packages, boxes, or containers and the number of

13  pounds of each species and the name, physical address, and the

14  Florida wholesale dealer number of the dealer of origin.

15         (b)  A person transporting in this state saltwater

16  products that were produced outside this state to be delivered

17  to a destination in this state shall have in his or her

18  possession invoices, bills of lading, or other similar

19  instruments showing the number of packages, boxes, or

20  containers and the number of pounds of each species, the name

21  and physical address of the dealer of origin, and the name,

22  physical address, and Florida wholesale dealer number of the

23  Florida dealer to whom the shipment is to be delivered.

24         (c)  A person transporting in this state saltwater

25  products that were produced outside this state which are to be

26  delivered to a destination outside this state shall have in

27  his or her possession invoices, bills of lading, or other

28  similar instruments showing the number of packages, boxes, or

29  containers and the number of pounds of each species, the name

30  and physical address of the dealer of origin, and the name and

31


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                                       CS/HB 1243, First Engrossed



  1  physical address of the dealer to whom the shipment is to be

  2  delivered.

  3         (d)  If the saltwater products in transit come came

  4  from more than one dealer, distributor, or producer, each lot

  5  from each dealer shall be covered by invoices, bills of

  6  lading, and other similar instruments showing the number of

  7  boxes or containers and the number of pounds of each species.

  8  Each invoice, bill of lading, and other similar instrument

  9  shall display the wholesale dealer license number and the name

10  and physical address of the dealer, distributor, or producer

11  of the lot covered by the instrument.

12         (e)  It is unlawful to sell, deliver, ship, or

13  transport, or to possess for the purpose of selling,

14  delivering, shipping, or transporting, any saltwater products

15  without all invoices concerning the of such products having

16  thereon the wholesale dealer license number in the such form

17  as may be prescribed under the provisions of this subsection

18  and the rules and regulations of the Fish and Wildlife

19  Conservation commission. Any saltwater products found in the

20  possession of any person who is in violation of this paragraph

21  provision may be seized by the commission and disposed of in

22  the manner provided by law.

23         (f)  Nothing contained in this subsection may be

24  construed to apply to the sale and delivery to a consumer of

25  saltwater products in an ordinary retail transaction by a

26  licensed retail dealer who has purchased such products from a

27  licensed wholesale dealer, or to the sale and delivery of the

28  catch or products of a saltwater products licensee to a

29  Florida-licensed wholesale dealer.

30         (g)  Wholesale dealers' licenses shall be issued only

31  to applicants who furnish to the commission satisfactory


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                                       CS/HB 1243, First Engrossed



  1  evidence of law-abiding reputation and who pledge themselves

  2  to faithfully observe all of the laws, rules, and regulations

  3  of this state relating to the conservation of, dealing in, or

  4  taking, selling, transporting, or possession of saltwater

  5  products, and to cooperate in the enforcement of all such laws

  6  to every reasonable extent. This pledge may be included in the

  7  application for license.

  8         (h)  A wholesale dealer, retail dealer, or restaurant

  9  facility shall not purchase or sell for public consumption any

10  saltwater products known to be taken illegally, or known to be

11  taken in violation of s. 16, Art. X of the State Constitution,

12  or any rule or statute implementing its provisions.

13         (i)(h)  Any person who violates the provisions of this

14  subsection commits is guilty of a misdemeanor of the first

15  degree, punishable as provided in s. 775.082 or s. 775.083.

16         (5)  LICENSE DENIAL, SUSPENSION, OR REVOCATION.--

17         (c)  In addition to, or in lieu of, the penalty imposed

18  pursuant to this subsection, the commission may impose

19  penalties pursuant to s. 370.021.

20         (7)  PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY

21  LOCATION.--Wholesale dealers purchasing saltwater products

22  pursuant to s. 370.06(2)(a) at any site other than a site

23  located in a county where the dealer has a permanent address

24  must notify the Fish and Wildlife Conservation Commission of

25  the location of the temporary site of business for each day

26  business is to be conducted at such site.

27         (8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

28  unlawful for any licensed retail dealer or any restaurant

29  licensed by the Division of Hotels and Restaurants of the

30  Department of Business and Professional Regulation to buy

31  saltwater products from any person other than a licensed


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                                       CS/HB 1243, First Engrossed



  1  wholesale or retail dealer. For purposes of this subsection,

  2  any saltwater products received by a retail dealer or a

  3  restaurant are presumed to have been purchased.

  4         Section 5.  For purposes of incorporating the amendment

  5  to section 370.021, Florida Statutes, in references thereto,

  6  subsections (3) and (4) of section 370.092, Florida Statutes,

  7  are reenacted to read:

  8         370.092  Carriage of proscribed nets across Florida

  9  waters.--

10         (3)  Notwithstanding subsections (1) and (2), unless

11  authorized by rule of the Fish and Wildlife Conservation

12  Commission, it is a major violation under this section,

13  punishable as provided in s. 370.021(3), for any person, firm,

14  or corporation to possess any gill or entangling net, or any

15  seine net larger than 500 square feet in mesh area, on any

16  airboat or on any other vessel less than 22 feet in length and

17  on any vessel less than 25 feet if primary power of the vessel

18  is mounted forward of the vessel center point. Gill or

19  entangling nets shall be as defined in s. 16, Art. X of the

20  State Constitution, s. 370.093(2)(b), or in a rule of the Fish

21  and Wildlife Conservation Commission implementing s. 16, Art.

22  X of the State Constitution. Vessel length shall be determined

23  in accordance with current United States Coast Guard

24  regulations specified in the Code of Federal Regulations or as

25  titled by the State of Florida. The Marine Fisheries

26  Commission is directed to initiate by July 1, 1998, rulemaking

27  to adjust by rule the use of gear on vessels longer than 22

28  feet where the primary power of the vessel is mounted forward

29  of the vessel center point in order to prevent the illegal use

30  of gill and entangling nets in state waters and to provide

31


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                                       CS/HB 1243, First Engrossed



  1  reasonable opportunities for the use of legal net gear in

  2  adjacent federal waters.

  3         (4)  The Fish and Wildlife Conservation Commission

  4  shall adopt rules to prohibit the possession and sale of

  5  mullet taken in illegal gill or entangling nets. Violations of

  6  such rules shall be punishable as provided in s. 370.021(3).

  7         Section 6.  For purposes of incorporating the amendment

  8  to section 370.021, Florida Statutes, in a reference thereto,

  9  subsection (5) of section 370.093, Florida Statutes, is

10  reenacted to read:

11         370.093  Illegal use of nets.--

12         (5)  Any person who violates this section shall be

13  punished as provided in s. 370.021(3).

14         Section 7.  Paragraphs (a) and (c) of subsection (2) of

15  section 370.142, Florida Statutes, are amended to read:

16         370.142  Spiny lobster trap certificate program.--

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

18  PENALTIES.--The Fish and Wildlife Conservation Commission

19  shall establish a trap certificate program for the spiny

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

21  administration and enforcement as follows:

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

23  saltwater products license who uses traps for taking or

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

25  certificate on record for each trap possessed or used

26  therefor, except as otherwise provided in this section.

27         1.  The Department of Environmental Protection shall

28  initially allot such certificates to each licenseholder with a

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

30  such certificates allotted to each such licenseholder shall be

31  based on the trap/catch coefficient established pursuant to


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                                       CS/HB 1243, First Engrossed



  1  trip ticket records generated under the provisions of s.

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

  3  The trap/catch coefficient shall be calculated by dividing the

  4  sum of the highest reported single license-year landings up to

  5  a maximum of 30,000 pounds for each such licenseholder during

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

  7  be allotted the number of certificates derived by dividing his

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

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

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

11  current crawfish trap number shall be allotted fewer than 10

12  certificates. However, certificates may only be issued to

13  individuals; therefore, all licenseholders other than

14  individual licenseholders shall designate the individual or

15  individuals to whom their certificates will be allotted and

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

17  issuance, trap certificates are transferable on a market basis

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

19  fair market value agreed upon between the transferor and

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

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

22  the Fish and Wildlife Conservation Commission and hand

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

24  to the commission for recordkeeping purposes. In addition, in

25  order to cover the added administrative costs of the program

26  and to recover an equitable natural resource rent for the

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

28  transferred shall be assessed against the purchasing

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

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

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


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                                       CS/HB 1243, First Engrossed



  1  25 percent of the actual market value, whichever is greater,

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

  3  certificate is transferred outside the original transferor's

  4  immediate family. No transfer of a certificate shall be

  5  effective until the commission receives the notarized transfer

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

  7  The commission may establish by rule an amount of equitable

  8  rent per trap certificate that shall be recovered as partial

  9  compensation to the state for the enhanced access to its

10  natural resources. Final approval of such a rule shall be by

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

12  the Internal Improvement Trust Fund. In determining whether to

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

14  commission shall consider the amount of revenues annually

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

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

17  value of transferred certificates, and the continued economic

18  viability of the commercial lobster industry. The proceeds of

19  equitable rent recovered shall be deposited in the Marine

20  Resources Conservation Trust Fund and used by the commission

21  for research, management, and protection of the spiny lobster

22  fishery and habitat. A transfer fee may not be assessed or

23  required when the transfer is within a family as a result of

24  the death or disability of the certificate owner. A surcharge

25  will not be assessed for any transfer within an individual's

26  immediate family.

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

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

29  percent of the total available certificates in any license

30  year.

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                                       CS/HB 1243, First Engrossed



  1         3.  The commission shall maintain records of all

  2  certificates and their transfers and shall annually provide

  3  each licenseholder with a statement of certificates held.

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

  5  licenseholder shall not exceed the number of certificates held

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

  7  and a statement of certificates held shall be issued

  8  simultaneously.

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

10  2003-2004 lobster season and thereafter, it is unlawful for

11  any person to lease lobster trap tags or certificates.

12         (c)  Prohibitions; penalties.--

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

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

15  waters without having affixed thereto the trap tag required by

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

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

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

19  is not a trap as defined in rule 68B-24.006(2), Florida

20  Administrative Code.

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

22  lobster trap tags without having the necessary number of

23  certificates on record as required by this section.

24         3.  It is unlawful for any person to remove the

25  contents of another harvester's trap without the express

26  written consent of the trap owner available for immediate

27  inspection. Such unauthorized removal constitutes theft. Any

28  person convicted of theft from a trap shall, in addition to

29  the penalties specified in ss. 370.021 and 370.14 and the

30  provisions of this section, permanently lose all his or her

31  saltwater fishing privileges, including his or her saltwater


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                                       CS/HB 1243, First Engrossed



  1  products license, crawfish endorsement, and all trap

  2  certificates allotted to him or her through this program. In

  3  such cases, trap certificates and endorsements are

  4  nontransferable. In addition, any person, firm, or corporation

  5  convicted of violating this paragraph shall also be assessed

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

  7  receiving a citation for a violation involving theft from a

  8  trap and until adjudicated for such a violation or, if

  9  convicted of such a violation, the person, firm, or

10  corporation committing the violation is prohibited from

11  transferring any crawfish trap certificates and endorsements.

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

13  370.021, a commercial harvester, as defined by rule

14  68B-24.002(1), Florida Administrative Code, who violates the

15  provisions of this section, or the provisions relating to

16  traps of chapter 68B-24, Florida Administrative Code, shall be

17  punished as follows:

18         a.  If the first violation is for violation of

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

20  assess an additional civil penalty of up to $1,000 and the

21  crawfish trap number issued pursuant to s. 370.14(2) or (6)

22  may be suspended for the remainder of the current license

23  year. For all other first violations, the commission shall

24  assess an additional civil penalty of up to $500.

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

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

27  such violation, the commission shall assess an additional

28  civil penalty of up to $2,000 and the crawfish trap number

29  issued pursuant to s. 370.14(2) or (6) may be suspended for

30  the remainder of the current license year.

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                                       CS/HB 1243, First Engrossed



  1         c.  For a third or subsequent violation of subparagraph

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

  3  months of any previous two such violations, the commission

  4  shall assess an additional civil penalty of up to $5,000 and

  5  may suspend the crawfish trap number issued pursuant to s.

  6  370.14(2) or (6) for a period of up to 24 months or may revoke

  7  the crawfish trap number and, if revoking the crawfish trap

  8  number, may also proceed against the licenseholder's saltwater

  9  products license in accordance with the provisions of s.

10  370.021(2)(h)(i).

11         d.  Any person assessed an additional civil penalty

12  pursuant to this section shall within 30 calendar days after

13  notification:

14         (I)  Pay the civil penalty to the commission; or

15         (II)  Request an administrative hearing pursuant to the

16  provisions of s. 120.60.

17         e.  The commission shall suspend the crawfish trap

18  number issued pursuant to s. 370.14(2) or (6) for any person

19  failing to comply with the provisions of sub-subparagraph d.

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

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

22  certificate.

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

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

25  spiny lobster trap tag or certificate.

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

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

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

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

30  spiny lobster trap tag or certificate unless such action is

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                                       CS/HB 1243, First Engrossed



  1  duly authorized by the commission as provided in this chapter

  2  or in the rules of the commission.

  3         6.a.  Any person who violates the provisions of

  4  subparagraph 5., or any person who engages in the commercial

  5  harvest, trapping, or possession of spiny lobster without a

  6  crawfish trap number as required by s. 370.14(2) or (6) or

  7  during any period while such crawfish trap number is under

  8  suspension or revocation, commits a felony of the third

  9  degree, punishable as provided in s. 775.082, s. 775.083, or

10  s. 775.084.

11         b.  In addition to any penalty imposed pursuant to

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

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

14  the fair market value of the transferred certificates, as

15  provided in subparagraph (a)1., on any person who violates the

16  provisions of sub-subparagraph 5.c.

17         7.  Any certificates for which the annual certificate

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

19  abandoned and shall revert to the commission. During any

20  period of trap reduction, any certificates reverting to the

21  commission shall become permanently unavailable and be

22  considered in that amount to be reduced during the next

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

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

25  provided by the commission.

26         8.  The proceeds of all civil penalties collected

27  pursuant to subparagraph 4. and all fines collected pursuant

28  to sub-subparagraph 6.b. shall be deposited into the Marine

29  Resources Conservation Trust Fund.

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

31  any period of suspension or revocation.


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                                       CS/HB 1243, First Engrossed



  1         Section 8.  Section 372.70, Florida Statutes, is

  2  amended to read:

  3         372.70  Prosecutions; state attorney to represent

  4  state.--

  5         (1)  The prosecuting officers of the several courts of

  6  criminal jurisdiction of this state shall investigate and

  7  prosecute all violations of the laws relating to game,

  8  freshwater fish, nongame birds, and fur-bearing animals which

  9  may be brought to their attention by the Fish and Wildlife

10  Conservation commission or its conservation officers, or which

11  may otherwise come to their knowledge.

12         (2)  The state attorney shall represent the state in

13  any forfeiture proceeding under this chapter. The Department

14  of Legal Affairs shall represent the state in all appeals from

15  judgments of forfeiture to the Supreme Court. The state may

16  appeal any judgment denying forfeiture in whole or in part

17  that may be otherwise adverse to the state.

18         Section 9.  Section 372.9901, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section.  See

21         s. 372.9901, F.S., for present text.)

22         372.9901  Seizure of illegal hunting devices;

23  disposition; notice; forfeiture.--In order to protect the

24  state's wildlife resources, any vehicle, vessel, animal, gun,

25  light, or other hunting device used or attempted to be used in

26  connection with, as an instrumentality of, or in aiding and

27  abetting in the commission of an offense prohibited by s.

28  372.99 is subject to seizure and forfeiture. The provisions of

29  chapter 932 do not apply to any seizure or forfeiture under

30  this section. For purposes of this section, a conviction is

31  any disposition other than acquittal or dismissal.


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                                       CS/HB 1243, First Engrossed



  1         (1)(a)  Upon a first conviction of the person in whose

  2  possession the property was found, the court having

  3  jurisdiction over the criminal offense, notwithstanding any

  4  jurisdictional limitations on the amount in controversy, may

  5  make a finding that the property was used in connection with a

  6  violation of s. 372.99.  Upon such finding, the court may

  7  order the property forfeited to the commission.

  8         (b)  Upon a second or subsequent conviction of a person

  9  in whose possession the property was found for a violation of

10  s. 372.99, the court shall order the forfeiture to the

11  commission of any property used in connection with that

12  violation.

13         (2)  The requirement for a conviction before forfeiture

14  establishes, to the exclusion of any reasonable doubt, that

15  the property was used in connection with that violation.

16  Prior to the issuance of a forfeiture order for any vessel,

17  vehicle, or other property under subsection (1), the

18  commission shall seize the property and notify the registered

19  owner, if any, that the property has been seized by the

20  commission.

21         (3)  Notification of property seized under this section

22  must be sent by certified mail to a registered owner within 14

23  days after seizure.  If the commission, after diligent

24  inquiry, cannot ascertain the registered owner, the notice

25  requirement is satisfied.

26         (4)(a)  For a first conviction of an offense under s.

27  372.99, property seized by the commission shall be returned to

28  the registered owner if the commission fails to prove by a

29  preponderance of the evidence before the court having

30  jurisdiction over the criminal offense that the registered

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                                       CS/HB 1243, First Engrossed



  1  owner aided in, abetted in, participated in, gave consent to,

  2  knew of, or had reason to know of the offense.

  3         (b)  Upon a second or subsequent conviction for an

  4  offense under s. 372.99, the burden shall be on the registered

  5  owner to prove by a preponderance of the evidence before the

  6  court having jurisdiction over the criminal offense that the

  7  registered owner in no way aided in, abetted in, participated

  8  in, knew of, or had reason to know of the second offense which

  9  resulted in seizure of the lawful property.

10         (c)  Any request for a hearing from a registered owner

11  asserting innocence to recover property seized under these

12  provisions must be sent to the commission's Division of Law

13  Enforcement within 21 days after the registered owner's

14  receipt of the notice of seizure.  If a request for a hearing

15  is not timely received, the court shall forfeit to the

16  commission the right to, title to, and interest in the

17  property seized, subject only to the rights and interests of

18  bona fide lienholders.

19         (5)  All amounts received from the sale or other

20  disposition of the property shall be paid into the State Game

21  Trust Fund or into the commission's Federal Law Enforcement

22  Trust Fund as provided in s. 372.107, as applicable.  If the

23  property is not sold or converted, it shall be delivered to

24  the executive director of the commission.

25         Section 10.  Section 372.31, Florida Statutes, is

26  renumbered as section 372.99021, Florida Statutes, and amended

27  to read:

28         372.99021 372.31  Disposition of illegal fishing

29  devices; exercise of police power.--

30         (1)  In all cases of arrest and conviction for use of

31  illegal nets or traps or fishing devices, as provided in this


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                                       CS/HB 1243, First Engrossed



  1  chapter, such illegal net, trap, or fishing device is declared

  2  to be a nuisance and shall be seized and carried before the

  3  court having jurisdiction of such offense and said court shall

  4  order such illegal trap, net, or fishing device forfeited to

  5  the Fish and Wildlife Conservation commission immediately

  6  after trial and conviction of the person in whose possession

  7  they were found.  When any illegal net, trap, or fishing

  8  device is found in the fresh waters of the state, and the

  9  owner of same shall not be known to the officer finding the

10  same, such officer shall immediately procure from the county

11  court judge an order forfeiting said illegal net, trap, or

12  fishing device to the Fish and Wildlife Conservation

13  commission.  The Fish and Wildlife Conservation commission may

14  destroy such illegal net, trap, or fishing device, if in its

15  judgment said net, trap, or fishing device is not of value in

16  the work of the department.

17         (2)  When any nets, traps, or fishing devices are found

18  being used illegally as provided in this chapter, the same

19  shall be seized and forfeited to the Fish and Wildlife

20  Conservation commission as provided in this chapter.

21         (3)  This section is necessary for the more efficient

22  and proper enforcement of the statutes and laws of this state

23  prohibiting the illegal use of nets, traps, or fishing devices

24  and is a lawful exercise of the police power of the state for

25  the protection of the public welfare, health, and safety of

26  the people of the state. All the provisions of this section

27  shall be liberally construed for the accomplishment of these

28  purposes.

29         Section 11.  Section 372.99022, Florida Statutes, is

30  created to read:

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                                       CS/HB 1243, First Engrossed



  1         372.99022  Illegal molestation of or theft from

  2  freshwater fishing gear.--

  3         (1)(a)  Any person, firm, or corporation that willfully

  4  molests any authorized and lawfully permitted freshwater

  5  fishing gear belonging to another without the express written

  6  consent of the owner commits a felony of the third degree,

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

  8  775.084. Any written consent must be available for immediate

  9  inspection.

10         (b)  Any person, firm, or corporation that willfully

11  removes the contents of any authorized and lawfully permitted

12  freshwater fishing gear belonging to another without the

13  express written consent of the owner commits a felony of the

14  third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084. Any written consent must be available

16  for immediate inspection.

17

18  A person, firm, or corporation that receives a citation for a

19  violation of this subsection is prohibited, immediately upon

20  receipt of such citation and until adjudicated or convicted of

21  a felony under this subsection, from transferring any

22  endorsements.

23         (2)  Any person, firm, or corporation convicted

24  pursuant to subsection (1) of removing the contents of

25  freshwater fishing gear without the express written consent of

26  the owner shall permanently lose all of his or her freshwater

27  and saltwater fishing privileges, including his or her

28  recreational and commercial licenses and endorsements, and

29  shall be assessed an administrative penalty of not more than

30  $5,000. The endorsements of such person, firm, or corporation

31  are not transferable.


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                                       CS/HB 1243, First Engrossed



  1         (3)  For purposes of this section, the term "freshwater

  2  fishing gear" means haul seines, slat baskets, wire traps,

  3  hoop nets, or pound nets, and includes the lines or buoys

  4  attached thereto.

  5         Section 12.  Subsection (3) of section 372.9904,

  6  Florida Statutes, is amended to read:

  7         372.9904  Seizure of illegal transportation devices;

  8  disposition; appraisal; forfeiture.--

  9         (3)  Upon conviction of the violator, the property, if

10  owned by the person convicted, shall be forfeited to the state

11  under the procedure set forth in ss. 370.061 and 370.07

12  372.312-372.318, when not inconsistent with this section.  All

13  amounts received from the sale or other disposition of the

14  property shall be paid into the State Game Trust Fund or into

15  the commission's Federal Law Enforcement Trust Fund as

16  provided in s. 372.107, as applicable.  If the property is not

17  sold or converted, it shall be delivered to the director of

18  the Fish and Wildlife Conservation Commission.

19         Section 13.  Section 372.9905, Florida Statutes, is

20  amended to read:

21         372.9905  Applicability of ss. 372.99, 372.9901,

22  372.9903, and 372.9904.--The provisions of ss. 372.99,

23  372.9901, 372.9903, and 372.9904 relating to seizure and

24  forfeiture of animals or of vehicles, vessels, or other

25  transportation devices do shall not apply when such vehicles,

26  vessels, or other transportation devices are owned by, or

27  titled in the name of, innocent parties.  The provisions of

28  said sections shall not vitiate any valid lien, retain title

29  contract, or chattel mortgage on such animals or vehicles,

30  vessels, or other transportation devices if such lien, retain

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                                       CS/HB 1243, First Engrossed



  1  title contract, or chattel mortgage is properly of public

  2  record at the time of the seizure.

  3         Section 14.  Paragraph (b) of subsection (4) of section

  4  323.001, Florida Statutes, is amended to read:

  5         323.001  Wrecker operator storage facilities; vehicle

  6  holds.--

  7         (4)  The requirements for a written hold apply when the

  8  following conditions are present:

  9         (b)  The officer has probable cause to believe the

10  vehicle should be seized and forfeited under Chapter 370 or

11  Chapter 372 372.312;

12         Section 15.  Sections 372.311, 372.312, 372.313,

13  372.314, 372.315, 372.316, 372.317, 372.318, 372.319, 372.321,

14  and 372.9902, Florida Statutes, are repealed.

15         Section 16.  This act shall take effect July 1, 2002.

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