House Bill hb1243er
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  1                                 
  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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  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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  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; amending s. 370.12,
21         F.S.; requiring notice to counties where
22         manatee protection zones or manatee speed zones
23         may be imposed by the Fish and Wildlife
24         Conservation Commission; providing for
25         establishment of local rule review committees;
26         providing duties and responsibilities of the
27         counties, committees, and commission; providing
28         for committee reports and recommendations;
29         providing that written reports submitted to the
30         commission by the committees and Fish and
31         Wildlife Conservation Commission staff
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  1         responses shall be part of the rulemaking
  2         record; clarifying the Fish and Wildlife
  3         Conservation Commission's authority to provide
  4         comments to permitting agencies relating to the
  5         protection of manatees; revising the
  6         circumstances under which the commission may
  7         post and regulate motorboat speeds to protect
  8         manatees; requiring specified counties to
  9         develop manatee protection plans that are
10         consistent with specified policy directive;
11         providing the commission with rulemaking
12         authority; amending s. 372.072, F.S.; requiring
13         that the commission develop a measurable
14         biological goal to define manatee recovery;
15         requiring the commission to use the goal in
16         developing management plans and work plans and
17         for determining the progress of manatee
18         recovery; amending s. 327.41, F.S.; conforming
19         a cross-reference; providing legislative intent
20         regarding manatee protection; providing for
21         compliance studies, enforcement initiatives,
22         and boater education plans; requiring the
23         commission to identify impediments to high
24         rates of compliance; providing legislative
25         intent that the provisions of the act not be
26         retroactively applied except as otherwise
27         provided; providing an exemption; providing an
28         effective date.
29  
30  Be It Enacted by the Legislature of the State of Florida:
31  
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  1         Section 1.  Section 370.021, Florida Statutes, is
  2  amended to read:
  3         370.021  Administration; rules, publications, records;
  4  penalties; injunctions.--
  5         (1)  PENALTIES.--Unless otherwise provided by law, any
  6  person, firm, or corporation who is convicted for violating
  7  any provision of this chapter, or any rule of the Fish and
  8  Wildlife Conservation Commission relating to the conservation
  9  of marine resources, shall be punished:
10         (a)  Upon a first conviction, by imprisonment for a
11  period of not more than 60 days or by a fine of not less than
12  $100 nor more than $500, or by both such fine and
13  imprisonment.
14         (b)  On a second or subsequent conviction within 12
15  months, by imprisonment for not more than 6 months or by a
16  fine of not less than $250 nor more than $1,000, or by both
17  such fine and imprisonment.
18  
19  Upon final disposition of any alleged offense for which a
20  citation for any violation of this chapter or the rules of the
21  commission has been issued, the court shall, within 10 days,
22  certify the disposition to the commission.
23         (2)  MAJOR VIOLATIONS.--In addition to the penalties
24  provided in paragraphs (1)(a) and (b), the court shall assess
25  additional penalties against any person, firm, or corporation
26  convicted of major violations as follows:
27         (a)  For a violation involving more than 100 illegal
28  blue crabs, crawfish, or stone crabs, an additional penalty of
29  $10 for each illegal blue crab, crawfish, stone crab, or part
30  thereof.
31  
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  1         (b)  For a violation involving the taking or harvesting
  2  of shrimp from a nursery or other prohibited area, or any two
  3  violations within a 12-month period involving shrimping gear,
  4  minimum size (count), or season, an additional penalty of $10
  5  for each pound of illegal shrimp or part thereof.
  6         (c)  For a violation involving the taking or harvesting
  7  of oysters from nonapproved areas or the taking or possession
  8  of unculled oysters, an additional penalty of $10 for each
  9  bushel of illegal oysters.
10         (d)  For a violation involving the taking or harvesting
11  of clams from nonapproved areas, an additional penalty of $100
12  for each 500 count bag of illegal clams.
13         (e)  For a violation involving the taking, harvesting,
14  or possession of any of the following species, which are
15  endangered, threatened, or of special concern:
16         1.  Shortnose sturgeon (Acipenser brevirostrum);
17         2.  Atlantic sturgeon (Acipenser oxyrhynchus);
18         3.  Common snook (Centropomus undecimalis);
19         4.  Atlantic loggerhead turtle (Caretta caretta
20  caretta);
21         5.  Atlantic green turtle (Chelonia mydas mydas);
22         6.  Leatherback turtle (Dermochelys coriacea);
23         7.  Atlantic hawksbill turtle (Eretmochelys imbricata
24  imbracata);
25         8.  Atlantic ridley turtle (Lepidochelys kempi); or
26         9.  West Indian manatee (Trichechus manatus
27  latirostris),
28  
29  an additional penalty of $100 for each unit of marine life or
30  part thereof.
31  
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  1         (f)  For a second or subsequent conviction within 24
  2  months for any violation of the same law or rule involving the
  3  taking or harvesting of more than 100 pounds of any finfish,
  4  an additional penalty of $5 for each pound of illegal finfish.
  5         (g)  For any violation involving the taking,
  6  harvesting, or possession of more than 1,000 pounds of any
  7  illegal finfish, an additional penalty equivalent to the
  8  wholesale value of the illegal finfish.
  9         (h)  The proceeds from the penalties assessed pursuant
10  to this subsection shall be deposited into the Marine
11  Resources Conservation Trust Fund to be used for marine
12  fisheries research or into the commission's Federal Law
13  Enforcement Trust Fund as provided in s. 372.107, as
14  applicable.
15         (h)(i)  Permits issued to any person, firm, or
16  corporation by the commission to take or harvest saltwater
17  products, or any license issued pursuant to s. 370.06 or s.
18  370.07 may be suspended or revoked by the commission, pursuant
19  to the provisions and procedures of s. 120.60, for any major
20  violation prescribed in this subsection:
21         1.  Upon a first conviction for a major violation, for
22  up to 30 calendar days.
23         2.  Upon a second conviction for a violation which
24  occurs within 12 months after a prior violation, for up to 90
25  calendar days.
26         3.  Upon a third conviction for a violation which
27  occurs within 24 months after a prior conviction violation,
28  for up to 180 calendar days.
29         4.  Upon a fourth conviction for a violation which
30  occurs within 36 months after a prior conviction violation,
31  for a period of 6 months to 3 years.
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  1         (i)(j)  Upon the arrest and conviction for a major
  2  violation involving stone crabs, the licenseholder must show
  3  just cause why his or her license should not be suspended or
  4  revoked. For the purposes of this paragraph, a "major
  5  violation" means a major violation as prescribed for illegal
  6  stone crabs; any single violation involving possession of more
  7  than 25 stone crabs during the closed season or possession of
  8  25 or more whole-bodied or egg-bearing stone crabs; any
  9  violation for trap molestation, trap robbing, or pulling traps
10  at night; or any combination of violations in any
11  3-consecutive-year period wherein more than 75 illegal stone
12  crabs in the aggregate are involved.
13         (j)(k)  Upon the arrest and conviction for a major
14  violation involving crawfish, the licenseholder must show just
15  cause why his or her license should not be suspended or
16  revoked.  For the purposes of this paragraph, a "major
17  violation" means a major violation as prescribed for illegal
18  crawfish; any single violation involving possession of more
19  than 25 crawfish during the closed season or possession of
20  more than 25 wrung crawfish tails or more than 25 egg-bearing
21  or stripped crawfish; any violation for trap molestation, trap
22  robbing, or pulling traps at night; or any combination of
23  violations in any 3-consecutive-year period wherein more than
24  75 illegal crawfish in the aggregate are involved.
25         (k)(l)  Upon the arrest and conviction for a major
26  violation involving blue crabs, the licenseholder shall show
27  just cause why his or her saltwater products license should
28  not be suspended or revoked.  This paragraph shall not apply
29  to an individual fishing with no more than five traps.  For
30  the purposes of this paragraph, a "major violation" means a
31  major violation as prescribed for illegal blue crabs, any
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  1  single violation wherein 50 or more illegal blue crabs are
  2  involved; any violation for trap molestation, trap robbing, or
  3  pulling traps at night; or any combination of violations in
  4  any 3-consecutive-year period wherein more than 100 illegal
  5  blue crabs in the aggregate are involved.
  6         (l)(m)  Upon the conviction for a major violation
  7  involving finfish, the licenseholder must show just cause why
  8  his or her saltwater products license should not be suspended
  9  or revoked. For the purposes of this paragraph, a major
10  violation is prescribed for the taking and harvesting of
11  illegal finfish, any single violation involving the possession
12  of more than 100 pounds of illegal finfish, or any combination
13  of violations in any 3-consecutive-year period wherein more
14  than 200 pounds of illegal finfish in the aggregate are
15  involved.
16         (n)  Upon final disposition of any alleged offense for
17  which a citation for any violation of this chapter or the
18  rules of the Fish and Wildlife Conservation Commission has
19  been issued, the court shall, within 10 days, certify the
20  disposition to the commission.
21         (m)(o)  For a violation involving the taking or
22  harvesting of any marine life species, as those species are
23  defined by rule of the commission, the harvest of which is
24  prohibited, or the taking or harvesting of such a species out
25  of season, or with an illegal gear or chemical, or any
26  violation involving the possession of 25 or more individual
27  specimens of marine life species, or any combination of
28  violations in any 3-year period involving more than 70 such
29  specimens in the aggregate, the suspension or revocation of
30  the licenseholder's marine life endorsement as provided in
31  paragraph (h) (i).
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  1  
  2  Notwithstanding the provisions of s. 948.01, no court may
  3  suspend, defer, or withhold adjudication of guilt or
  4  imposition of sentence for any major violation prescribed in
  5  this subsection. The proceeds from the penalties assessed
  6  pursuant to this subsection shall be deposited into the Marine
  7  Resources Conservation Trust Fund to be used for marine
  8  fisheries research or into the commission's Federal Law
  9  Enforcement Trust Fund as provided in s. 372.107, as
10  applicable.
11         (3)  PENALTIES FOR USE OF ILLEGAL NETS.--
12         (a)  It is shall be a major violation pursuant to this
13  section, punishable subsection (3) and shall be punished as
14  provided in paragraph (b) below for any person, firm, or
15  corporation to be simultaneously in possession of any species
16  of mullet in excess of the recreational daily bag limit and
17  any gill or other entangling net as defined in s. 16(c), Art.
18  X of the State Constitution. Simultaneous possession under
19  this provision shall include possession of mullet and gill or
20  other entangling nets on separate vessels or vehicles where
21  such vessels or vehicles are operated in coordination with one
22  another including vessels towed behind a main vessel. This
23  subsection does not prohibit a resident of this state from
24  transporting on land, from Alabama to this state, a commercial
25  quantity of mullet together with a gill net if:
26         1.  The person possesses a valid commercial fishing
27  license that is issued by the State of Alabama and that allows
28  the person to use a gill net to legally harvest mullet in
29  commercial quantities from Alabama waters.
30         2.  The person possesses a trip ticket issued in
31  Alabama and filled out to match the quantity of mullet being
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  1  transported, and the person is able to present such trip
  2  ticket immediately upon entering this state.
  3         3.  The mullet are to be sold to a wholesale saltwater
  4  products dealer located in Escambia County or Santa Rosa
  5  County, which dealer also possesses a valid seafood dealer's
  6  license issued by the State of Alabama. The dealer's name must
  7  be clearly indicated on the trip ticket.
  8         4.  The mullet being transported are totally removed
  9  from any net also being transported.
10         (b)  In addition to being subject to the other
11  penalties provided in this chapter, any violation of s. 16(b),
12  Art. X of the State Constitution, or any rules of the Fish and
13  Wildlife Conservation commission which implement the gear
14  prohibitions and restrictions specified therein shall be
15  considered a major violation; and any person, firm, or
16  corporation receiving any judicial disposition other than
17  acquittal or dismissal of such violation shall be subject to
18  the following additional penalties:
19         1.  For a first major violation within a 7-year period,
20  a civil penalty of $2,500 and suspension of all saltwater
21  products license privileges for 90 calendar days following
22  final disposition shall be imposed.
23         2.  For a second major violation under this paragraph
24  charged within 7 years of a previous judicial disposition,
25  which results in a second judicial disposition other than
26  acquittal or dismissal, a civil penalty of $5,000 and
27  suspension of all saltwater products license privileges for 12
28  months shall be imposed.
29         3.  For a third or and subsequent major violation under
30  this paragraph, charged within a 7-year period, resulting in a
31  third or subsequent judicial disposition other than acquittal
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  1  or dismissal, a civil penalty of $5,000, lifetime revocation
  2  of the saltwater products license, and forfeiture of all gear
  3  and equipment used in the violation shall be imposed.
  4  
  5  A court may suspend, defer, or withhold adjudication of guilt
  6  or imposition of sentence only for any first violation of s.
  7  16, Art. X of the State Constitution, or any rule or statute
  8  implementing its restrictions, determined by a court only
  9  after consideration of competent evidence of mitigating
10  circumstances to be a nonflagrant or minor violation of those
11  restrictions upon the use of nets.  Any violation of s. 16,
12  Art. X of the State Constitution, or any rule or statute
13  implementing its restrictions, occurring within a 7-year
14  period commencing upon the conclusion of any judicial
15  proceeding resulting in any outcome other than acquittal shall
16  be punished as a second, third, or subsequent violation
17  accordingly.
18         (c)  During the period of suspension or revocation of
19  saltwater license privileges under this subsection, the
20  licensee shall may not participate in the taking or
21  harvesting, or attempt the taking or harvesting, of saltwater
22  products from any vessel within the waters of the state; be
23  aboard any vessel on which a commercial quantity of saltwater
24  products is possessed through an activity requiring a license
25  pursuant to this section; or engage in, or any other activity
26  requiring a license, permit, or certificate issued pursuant to
27  this chapter. Any person who is convicted of violating
28  violates this paragraph is:
29         1.  Upon a first or second conviction, is guilty of a
30  misdemeanor of the first degree, punishable as provided in s.
31  
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  1  775.082 or s. 775.083 to be punished as provided by paragraph
  2  (1)(a) or paragraph (1)(b).
  3         2.  Upon a third or subsequent conviction, is guilty of
  4  a felony of the third degree, punishable as provided in s.
  5  775.082, s. 775.083, or s. 775.084.
  6         (d)  Upon reinstatement of saltwater license privileges
  7  suspended pursuant to a violation of this subsection section,
  8  a licensee owning or operating a vessel containing or
  9  otherwise transporting in or on Florida waters any gill net or
10  other entangling net, or containing or otherwise transporting
11  in nearshore and inshore Florida waters any net containing
12  more than 500 square feet of mesh area shall remain restricted
13  for a period of 12 months following reinstatement, to
14  operating operation under the following conditions:
15         1.  Vessels subject to this reinstatement period shall
16  be restricted to the corridors established by commission rule.
17         2.  A violation of the reinstatement period provisions
18  shall be punishable pursuant to paragraphs (1)(a) and (b).
19         (e)  Rescission and revocation proceedings under this
20  section shall be governed by chapter 120.
21         (4)  ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS
22  INVOLVING CERTAIN FINFISH.--It is shall be a major violation
23  pursuant to this section, and punishable as provided in
24  pursuant to paragraph (3)(b), for any person to be in
25  possession of any species of trout, snook, or redfish which is
26  three fish in excess of the recreational or commercial daily
27  bag limit.
28         (5)  BUYING SALTWATER PRODUCTS; UNLICENSED SELLERS;
29  ILLEGALLY HARVESTED PRODUCTS FROM UNLICENSED SELLER.--In
30  addition to being subject to other penalties authorized
31  provided in this chapter, any violation of s. 370.06 or s.
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  1  370.07, or rules of the commission implementing s. 370.06 or
  2  s. 370.07, involving the purchase of saltwater products by a
  3  commercial wholesale dealer, retail dealer, or restaurant
  4  facility for public consumption from an unlicensed person,
  5  firm, or corporation, or the sale of saltwater products by an
  6  unlicensed person, firm, or corporation or the purchase or
  7  sale of any saltwater product known to be taken in violation
  8  of s. 16, Art. X of the State Constitution, or rule or statute
  9  implementing the provisions thereof, by a commercial wholesale
10  dealer, retail dealer, or restaurant facility, for public
11  consumption, is shall be a major violation, and the commission
12  may assess the following penalties:
13         (a)  For a first violation, the commission may assess a
14  civil penalty of up to $2,500 and may suspend the wholesale or
15  retail dealer's license privileges for up to 90 calendar days.
16         (b)  For a second violation occurring within 12 months
17  of a prior violation, the commission may assess a civil
18  penalty of up to $5,000 and may suspend the wholesale or
19  retail dealer's license privileges for up to 180 calendar
20  days.
21         (c)  For a third or subsequent violation occurring
22  within a 24-month period, the commission shall assess a civil
23  penalty of $5,000 and shall suspend the wholesale or retail
24  dealer's license privileges for up to 24 months.
25  
26  Any proceeds from the civil penalties assessed pursuant to
27  this subsection shall be deposited into the Marine Resources
28  Conservation Trust Fund and shall be used as follows:  40
29  percent for administration and processing purposes and 60
30  percent for law enforcement purposes.
31  
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  1         (6)  PUBLICATIONS BY COMMISSION.--The Fish and Wildlife
  2  Conservation commission is given authority, from time to time
  3  in its discretion, to cause the statutory laws under its
  4  jurisdiction, together with any rules and regulations
  5  promulgated by it, to be published in pamphlet form for free
  6  distribution in this state.  The commission is authorized to
  7  make charges for technical and educational publications and
  8  mimeographed material of use for educational or reference
  9  purposes.  Such charges shall be made at the discretion of the
10  commission.  Such charges may be sufficient to cover cost of
11  preparation, printing, publishing, and distribution. All
12  moneys received for publications shall be deposited into the
13  fund from which the cost of the publication was paid.  The
14  commission is further authorized to enter into agreements with
15  persons, firms, corporations, governmental agencies, and other
16  institutions whereby publications may be exchanged
17  reciprocally in lieu of payments for said publications.
18         (7)  POWERS OF OFFICERS.--
19         (a)  Law enforcement officers of the Fish and Wildlife
20  Conservation commission are constituted law enforcement
21  officers of this state with full power to investigate and
22  arrest for any violation of the laws of this state and the
23  rules and regulations of the commission under their
24  jurisdiction. The general laws applicable to arrests by peace
25  officers of this state shall also be applicable to law
26  enforcement officers of the commission. Such law enforcement
27  officers may enter upon any land or waters of the state for
28  performance of their lawful duties and may take with them any
29  necessary equipment, and such entry will not constitute a
30  trespass. It is lawful for any boat, motor vehicle, or
31  aircraft owned or chartered by the commission or its agents or
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  1  employees to land on and depart from any of the beaches or
  2  waters of the state. Such law enforcement officers have the
  3  authority, without warrant, to board, inspect, and search any
  4  boat, fishing appliance, storage or processing plant,
  5  fishhouse, spongehouse, oysterhouse, or other warehouse,
  6  building, or vehicle engaged in transporting or storing any
  7  fish or fishery products. Such authority to search and inspect
  8  without a search warrant is limited to those cases in which
  9  such law enforcement officers have reason to believe that fish
10  or any saltwater products are taken or kept for sale, barter,
11  transportation, or other purposes in violation of laws or
12  rules promulgated under this law. Any such law enforcement
13  officer may at any time seize or take possession of any
14  saltwater products or contraband which have been unlawfully
15  caught, taken, or processed or which are unlawfully possessed
16  or transported in violation of any of the laws of this state
17  or any rule or regulation of the commission. Such law
18  enforcement officers may arrest any person in the act of
19  violating any of the provisions of this law, the rules or
20  regulations of the commission, or any of the laws of this
21  state. It is hereby declared unlawful for any person to resist
22  such arrest or in any manner interfere, either by abetting or
23  assisting such resistance or otherwise interfering, with any
24  such law enforcement officer while engaged in the performance
25  of the duties imposed upon him or her by law or rule
26  regulation of the commission.
27         (b)  The Legislature finds that the checking and
28  inspection of saltwater products aboard vessels is critical to
29  good fishery management and conservation and that, because
30  almost all saltwater products are either iced or cooled in
31  closed areas or containers, the enforcement of seasons, size
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  1  limits, and bag limits can only be effective when inspection
  2  of saltwater products so stored is immediate and routine.
  3  Therefore, in addition to the authority granted in paragraph
  4  (a), a law enforcement officer of the commission who has
  5  probable cause to believe that the vessel has been used for
  6  fishing prior to the inspection shall have full authority to
  7  open and inspect all containers or areas where saltwater
  8  products are normally kept aboard vessels while such vessels
  9  are on the water, such as refrigerated or iced locations,
10  coolers, fish boxes, and bait wells, but specifically
11  excluding such containers that are located in sleeping or
12  living areas of the vessel.
13         (8)  RETENTION, DESTRUCTION, AND REPRODUCTION OF
14  RECORDS.--Records and documents of the Fish and Wildlife
15  Conservation commission created in compliance with and in the
16  implementation of this chapter or former chapter 371 shall be
17  retained by the commission as specified in record retention
18  schedules established under the general provisions of chapters
19  119 and 257. Such records retained by the Department of
20  Environmental Protection on July 1, 1999, shall be transferred
21  to the commission. Further, the commission is authorized to:
22         (a)  Destroy, or otherwise dispose of, those records
23  and documents in conformity with the approved retention
24  schedules.
25         (b)  Photograph, microphotograph, or reproduce such
26  records and documents on film, as authorized and directed by
27  the approved retention schedules, whereby each page will be
28  exposed in exact conformity with the original records and
29  documents retained in compliance with the provisions of this
30  section. Photographs or microphotographs in the form of film
31  or print of any records, made in compliance with the
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  1  provisions of this section, shall have the same force and
  2  effect as the originals thereof would have and shall be
  3  treated as originals for the purpose of their admissibility in
  4  evidence. Duly certified or authenticated reproductions of
  5  such photographs or microphotographs shall be admitted in
  6  evidence equally with the original photographs or
  7  microphotographs.  The impression of the seal of the Fish and
  8  Wildlife Conservation commission on a certificate made
  9  pursuant to the provisions hereof and signed by the executive
10  director of the Fish and Wildlife Conservation commission
11  shall entitle the same to be received in evidence in all
12  courts and in all proceedings in this state and shall be prima
13  facie evidence of all factual matters set forth in the
14  certificate.  A certificate may relate to one or more records,
15  as set forth in the certificate, or in a schedule continued on
16  an attachment to the certificate.
17         (c)  Furnish certified copies of such records for a fee
18  of $1 which shall be deposited in the Marine Resources
19  Conservation Trust Fund.
20         (9)  COURTS OF EQUITY MAY ENJOIN.--Courts of equity in
21  this state have jurisdiction to enforce the conservation laws
22  of this state by injunction.
23         (10)  BOND OF EMPLOYEES.--The commission department may
24  require, as it determines, that bond be given by any employee
25  of the commission department or divisions thereof, payable to
26  the Governor of the state and the Governor's successor in
27  office, for the use and benefit of those whom it may concern,
28  in such penal sums with good and sufficient surety or sureties
29  approved by the commission department conditioned for the
30  faithful performance of the duties of such employee.
31  
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  1         (11)  REVOCATION OF LICENSES.--Any person licensed
  2  under this chapter who has been convicted of taking
  3  aquaculture species raised at a certified facility shall have
  4  his or her license revoked for 5 years by the Fish and
  5  Wildlife Conservation commission pursuant to the provisions
  6  and procedures of s. 120.60.
  7         (12)  LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
  8  purposes of imposing license or permit suspensions or
  9  revocations authorized by this chapter, the license or permit
10  under which the violation was committed is subject to
11  suspension or revocation by the commission. For purposes of
12  assessing monetary civil or administrative penalties
13  authorized by this chapter, the person, firm, or corporation
14  cited and subsequently receiving a judicial disposition of
15  other than dismissal or acquittal in a court of law is subject
16  to the monetary penalty assessment by the commission. However,
17  if the license or permit holder of record is not the person,
18  firm, or corporation receiving the citation and judicial
19  disposition, the license or permit may be suspended or revoked
20  only after the license or permit holder has been notified by
21  the commission that the license or permit has been cited in a
22  major violation and is now subject to suspension or revocation
23  should the license or permit be cited for subsequent major
24  violations.
25         Section 2.  Subsection (2) of section 370.06, Florida
26  Statutes, is amended to read:
27         370.06  Licenses.--
28         (2)  SALTWATER PRODUCTS LICENSE.--
29         (a)  Every person, firm, or corporation that sells,
30  offers for sale, barters, or exchanges for merchandise any
31  saltwater products, or which harvests saltwater products with
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  1  certain gear or equipment as specified by law, must have a
  2  valid saltwater products license, except that the holder of an
  3  aquaculture certificate under s. 597.004 is not required to
  4  purchase and possess a saltwater products license in order to
  5  possess, transport, or sell marine aquaculture products.  Each
  6  saltwater products license allows the holder to engage in any
  7  of the activities for which the license is required. The
  8  license must be in the possession of the licenseholder or
  9  aboard the vessel and is shall be subject to inspection at any
10  time that harvesting activities for which a saltwater products
11  license is required are being conducted.
12         (b)1.  A restricted species endorsement on the
13  saltwater products license is required to sell to a licensed
14  wholesale dealer those species which the state, by law or
15  rule, has designated as "restricted species." This endorsement
16  may be issued only to a person who is at least 16 years of
17  age, or to a firm certifying that over 25 percent of its
18  income or $5,000 of its income, whichever is less, is
19  attributable to the sale of saltwater products pursuant to a
20  saltwater products license issued under this paragraph or a
21  similar license from another state. This endorsement may also
22  be issued to a for-profit corporation if it certifies that at
23  least $5,000 of its income is attributable to the sale of
24  saltwater products pursuant to a saltwater products license
25  issued under this paragraph or a similar license from another
26  state. However, if at least 50 percent of the annual income of
27  a person, firm, or for-profit corporation is derived from
28  charter fishing, the person, firm, or for-profit corporation
29  must certify that at least $2,500 of the income of the person,
30  firm, or corporation is attributable to the sale of saltwater
31  products pursuant to a saltwater products license issued under
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  1  this paragraph or a similar license from another state, in
  2  order to be issued the endorsement. Such income attribution
  3  must apply to at least 1 year out of the last 3 years. For the
  4  purpose of this section, "income" means that income that which
  5  is attributable to work, employment, entrepreneurship,
  6  pensions, retirement benefits, and social security benefits.
  7         2.  To renew an existing restricted species
  8  endorsement, a marine aquaculture producer possessing a valid
  9  saltwater products license with a restricted species
10  endorsement may apply income from the sale of marine
11  aquaculture products to licensed wholesale dealers.
12         3.1.  The commission is authorized to require
13  verification of such income for all restricted species
14  endorsements issued pursuant to this paragraph. Acceptable
15  proof of income earned from the sale of saltwater products
16  shall be:
17         a.  Copies of trip ticket records generated pursuant to
18  this subsection (marine fisheries information system),
19  documenting qualifying sale of saltwater products;
20         b.  Copies of sales records from locales other than
21  Florida documenting qualifying sale of saltwater products;
22         c.  A copy of the applicable federal income tax return,
23  including Form 1099 attachments, verifying income earned from
24  the sale of saltwater products;
25         d.  Crew share statements verifying income earned from
26  the sale of saltwater products; or
27         e.  A certified public accountant's notarized statement
28  attesting to qualifying source and amount of income.
29  
30  Notwithstanding any other provision of law Any provision of
31  this section or any other section of the Florida Statutes to
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  1  the contrary notwithstanding, any person who owns a retail
  2  seafood market or restaurant at a fixed location for at least
  3  3 years, who has had an occupational license for 3 years prior
  4  to January 1, 1990, who harvests saltwater products to supply
  5  his or her retail store, and who has had a saltwater products
  6  license for 1 of the past 3 license years prior to January 1,
  7  1990, may provide proof of his or her verification of income
  8  and sales value at the person's retail seafood market or
  9  restaurant and in his or her saltwater products enterprise by
10  affidavit and shall thereupon be issued a restricted species
11  endorsement.
12         4.2.  Exceptions from income requirements shall be as
13  follows:
14         a.  A permanent restricted species endorsement shall be
15  available to those persons age 62 and older who have qualified
16  for such endorsement for at least 3 out of the last 5 years.
17         b.  Active military duty time shall be excluded from
18  consideration of time necessary to qualify and shall not be
19  counted against the applicant for purposes of qualifying.
20         c.  Upon the sale of a used commercial fishing vessel
21  owned by a person, firm, or corporation possessing or eligible
22  for a restricted species endorsement, the purchaser of such
23  vessel shall be exempted from the qualifying income
24  requirement for the purpose of obtaining a restricted species
25  endorsement for a period of 1 year after purchase of the
26  vessel.
27         d.  Upon the death or permanent disablement of a person
28  possessing a restricted species endorsement, an immediate
29  family member wishing to carry on the fishing operation shall
30  be exempted from the qualifying income requirement for the
31  
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  1  purpose of obtaining a restricted species endorsement for a
  2  period of 1 year after the death or disablement.
  3         e.  A restricted species endorsement may be issued on
  4  an individual saltwater products license to a person age 62 or
  5  older who documents that at least $2,500 of such person's
  6  income is attributable to the sale of saltwater products
  7  pursuant to the provisions of this paragraph.
  8         f.  A permanent restricted species endorsement may also
  9  be issued on an individual saltwater products license to a
10  person age 70 or older who has held a saltwater products
11  license for at least 3 of the last 5 license years.
12         g.  Any resident who is certified to be totally and
13  permanently disabled by the Railroad Retirement Board, by the
14  United States Department of Veterans Affairs or its
15  predecessor, or by any branch of the United States Armed
16  Forces, or who holds a valid identification card issued by the
17  Department of Veterans' Affairs pursuant to s. 295.17, upon
18  proof of the same, or any resident certified to be disabled by
19  the United States Social Security Administration or a licensed
20  physician, upon proof of the same, shall be exempted from the
21  income requirements if he or she also has held a saltwater
22  products license for at least 3 of the last 5 license years
23  prior to the date of the disability. A restricted species
24  endorsement issued under this paragraph may be issued only on
25  an individual saltwater products license.
26         (c)  At least one saltwater products license bearing a
27  restricted species endorsement shall be aboard any vessel
28  harvesting restricted species in excess of any bag limit or
29  when fishing under a commercial quota or in commercial
30  quantities, and such vessel shall have a commercial vessel
31  registration. This subsection does not apply to any person,
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  1  firm, or corporation licensed under s. 370.07(1)(a)1. or (b)
  2  for activities pursuant to such licenses.
  3         (d)  A saltwater products license may be issued in the
  4  name of an individual or a valid boat registration number.
  5  Such license is not transferable. A decal shall be issued with
  6  each saltwater products license issued to a valid boat
  7  registration number. The saltwater products license decal
  8  shall be the same color as the vessel registration decal
  9  issued each year pursuant to s. 328.48(5) and shall indicate
10  the period of time such license is valid. The saltwater
11  products license decal shall be placed beside the vessel
12  registration decal and, in the case of an undocumented vessel,
13  shall be placed so that the vessel registration decal lies
14  between the vessel registration number and the saltwater
15  products license decal. Any saltwater products license decal
16  for a previous year shall be removed from a vessel operating
17  on the waters of the state.
18         (e)  A resident shall pay an annual license fee of $50
19  for a saltwater products license issued in the name of an
20  individual or $100 for a saltwater products license issued to
21  a valid boat registration number. A nonresident shall pay an
22  annual license fee of $200 for a saltwater products license
23  issued in the name of an individual or $400 for a saltwater
24  products license issued to a valid boat registration number.
25  An alien shall pay an annual license fee of $300 for a
26  saltwater products license issued in the name of an individual
27  or $600 for a saltwater products license issued to a valid
28  boat registration number.
29         (f)  Any person who sells saltwater products pursuant
30  to a saltwater products this license may sell only to a
31  licensed wholesale dealer. A saltwater products license must
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    2002 Legislature                  CS/HB 1243, Second Engrossed
  1  be presented to the licensed wholesale dealer each time
  2  saltwater products are sold, and an imprint made thereof. The
  3  wholesale dealer shall keep records of each transaction in
  4  such detail as may be required by rule of the commission not
  5  in conflict with s. 370.07(6), and shall provide the holder of
  6  the saltwater products license with a copy of the record. It
  7  is unlawful for any licensed wholesale dealer to buy saltwater
  8  products from any unlicensed person under the provisions of
  9  this section, except that a licensed wholesale dealer may buy
10  from another licensed wholesale dealer. It is unlawful for any
11  licensed wholesale dealer to buy saltwater products designated
12  as "restricted species" from any person, firm, or corporation
13  not possessing a restricted species endorsement on his or her
14  saltwater products license under the provisions of this
15  section, except that a licensed wholesale dealer may buy from
16  another licensed wholesale dealer. For purposes of this
17  subsection, any saltwater products received by a wholesale
18  dealer are presumed to have been purchased.
19         (g)  The commission shall be the licensing agency, may
20  contract with private persons or entities to implement aspects
21  of the licensing program, and shall establish by rule a marine
22  fisheries information system in conjunction with the licensing
23  program to gather fisheries data.
24         (h)(b)  Any person who sells, offers for sale, barters,
25  or exchanges for merchandise saltwater products must have a
26  method of catch preservation which meets the requirements and
27  standards of the seafood quality control code promulgated by
28  the commission.
29         (i)(c)  A saltwater products license is required to
30  harvest commercial quantities of saltwater products.  Any
31  vessel from which commercial quantities of saltwater products
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    2002 Legislature                  CS/HB 1243, Second Engrossed
  1  are harvested must have a commercial vessel registration.
  2  Commercial quantities of saltwater products shall be defined
  3  as:
  4         1.  With respect to those species for which no bag
  5  limit has been established, more than 100 pounds per person
  6  per day, provided that the harvesting of two fish or less per
  7  person per day shall not be considered commercial quantities
  8  regardless of aggregate weight; and
  9         2.  With respect to those species for which a bag limit
10  has been established, more than the bag limit allowed by law
11  or rule.
12         (j)(d)1.  In addition to the saltwater products
13  license, a marine life fishing endorsement is required for the
14  harvest of marine life species as defined by rule of the Fish
15  and Wildlife Conservation Commission. This endorsement may be
16  issued only to a person who is at least 16 years of age or
17  older or to a corporation holding a valid restricted species
18  endorsement.
19         2.a.  Effective July 1, 1998, and until July 1, 2002, a
20  marine life endorsement may not be issued under this
21  paragraph, except that those endorsements that are active
22  during the 1997-1998 fiscal year may be renewed.
23         b.  In 1998 persons or corporations holding a marine
24  life endorsement that was active in the 1997-1998 fiscal year
25  or an immediate family member of that person must request
26  renewal of the marine life endorsement before December 31,
27  1998.
28         c.  In subsequent years and until July 1, 2002, a
29  marine life endorsement holder or member of his or her
30  immediate family must request renewal of the marine life
31  endorsement before September 30 of each year.
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  1         d.  If a person or corporation holding an active marine
  2  life fishing endorsement or a member of that person's
  3  immediate family does not request renewal of the endorsement
  4  before the applicable dates specified in this paragraph, the
  5  commission shall deactivate that marine life fishing
  6  endorsement.
  7         e.  In the event of the death or disability of a person
  8  holding an active marine life fishing endorsement, the
  9  endorsement may be transferred by the person to a member of
10  his or her immediate family or may be renewed by any person so
11  designated by the executor of the person's estate.
12         f.  Persons or corporations who hold saltwater product
13  licenses with marine life fishing endorsements issued to their
14  vessel registration numbers and who subsequently replace their
15  existing vessels with new vessels may transfer the existing
16  marine life fishing endorsement to the new boat registration
17  numbers.
18         g.  Persons or corporations who hold saltwater product
19  licenses with marine life fishing endorsements issued to their
20  name and who subsequently incorporate or unincorporate may
21  transfer the existing marine life fishing endorsement to the
22  new corporation or person.
23         3.  The fee for a marine life fishery endorsement on a
24  saltwater products license shall be $75.  These license fees
25  shall be collected and deposited in the Marine Resources
26  Conservation Trust Fund and used for the purchase and
27  installation of vessel mooring buoys at coral reef sites and
28  for research related to marine fisheries.
29         Section 3.  Section 370.061, Florida Statutes, is
30  amended to read:
31         (Substantial rewording of section.  See
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    2002 Legislature                  CS/HB 1243, Second Engrossed
  1         s. 370.061, F.S., for present text.)
  2         370.061  Confiscation, seizure, and forfeiture of
  3  property and products.--
  4         (1)  SEIZURE, FORFEITURE; PROCEDURE.--Nothing in this
  5  subsection affects the commission's authority to confiscate in
  6  any case illegal saltwater products, illegally taken saltwater
  7  products, or illegal fishing gear in accordance with this
  8  section.
  9         (a)  Property used in connection with a violation
10  resulting in a conviction for the illegal taking, or attempted
11  taking, sale, possession, or transportation of saltwater
12  products is subject to seizure and forfeiture as part of the
13  commission's efforts to protect the state's marine life.
14  Saltwater products and seines, nets, boats, motors, other
15  fishing devices or equipment, and vehicles or other means of
16  transportation used or attempted to be used in connection
17  with, as an instrumentality of, or in aiding and abetting such
18  illegal taking or attempted taking are hereby declared to be
19  nuisances.
20         (b)  Upon a conviction of a person in whose possession
21  the property was found, the court having jurisdiction over the
22  criminal offense, notwithstanding any jurisdictional
23  limitations on the amount in controversy, may make a finding
24  that the property was used in connection with a saltwater
25  products violation and may order such property forfeited to
26  the commission.
27         (c)  For purposes of this section, a conviction, except
28  with respect to a first time offender under this chapter for
29  whom adjudication is withheld, is any disposition other than
30  acquittal or dismissal.
31  
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  1         (2)  SEIZURE, FORFEITURE; NOTICE.--The requirement for
  2  a conviction before forfeiture of property establishes to the
  3  exclusion of any reasonable doubt that the property was used
  4  in connection with the violation resulting in conviction.
  5  Prior to the issuance of a forfeiture order for any vessel,
  6  vehicle, or other property under subsection (1), the
  7  commission shall seize the property and notify the registered
  8  owner, if any, that the property has been seized by the
  9  commission. Except as provided in subsection (6), the
10  procedures of chapter 932 do not apply to any seizure or
11  forfeiture of property under this section.
12         (a)  Notification of property seized under this section
13  must be sent by certified mail to a registered owner within 14
14  days after seizure.  If the commission, after diligent
15  inquiry, cannot ascertain the registered owner, the notice
16  requirement is satisfied.
17         (b)  Upon a first conviction for a violation under this
18  chapter, the property seized under this section shall be
19  returned to the registered owner if the commission fails to
20  prove by a preponderance of the evidence before the court
21  having jurisdiction over the criminal offense that the
22  registered owner aided in, abetted in, participated in, gave
23  consent to, knew of, or had reason to know of the violation.
24         (c)  Upon a second or subsequent conviction for a
25  violation under this chapter, the burden shall be on the
26  registered owner to prove by a preponderance of the evidence
27  before the court having jurisdiction over the criminal offense
28  that the registered owner in no way aided in, abetted in,
29  participated in, knew of, or had reason to know of the second
30  or subsequent violation which resulted in seizure of the
31  lawful property.
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  1         (d)  Any request for a hearing from a registered owner
  2  asserting innocence to recover property seized under these
  3  provisions must be sent to the commission's Division of Law
  4  Enforcement within 21 days after the registered owner's
  5  receipt of the notice of seizure.  If a request for a hearing
  6  is not timely received, the court shall forfeit to the
  7  commission the right to, title to, and interest in the
  8  property seized, subject only to the rights and interests of
  9  bona fide lienholders.
10         (e)  If a motor vehicle is seized under this section
11  and is subject to any existing liens recorded under s. 319.27,
12  all further proceedings shall be governed by the expressed
13  intent of the Legislature not to divest any innocent person,
14  firm, or corporation holding such a recorded lien of any of
15  its reversionary rights in such motor vehicle or of any of its
16  rights as prescribed in s. 319.27, and upon any default by the
17  violator purchaser, the lienholder may foreclose its lien and
18  take possession of the motor vehicle involved.
19         (3)  COURT ORDER OF FORFEITURE.--When any illegal or
20  illegally used seine, net, trap, or other fishing device or
21  equipment, or illegally taken, possessed, or transported
22  saltwater products, are found and taken into custody, and the
23  owner thereof is not known to the officer finding the item or
24  items, such officer shall immediately procure from the county
25  court judge of the county wherein the item or items were found
26  an order forfeiting the illegally used or illegally taken
27  saltwater products, seines, nets, traps, boats, motors, or
28  other fishing devices to the commission.
29         (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All
30  property forfeited under this section may be destroyed, used
31  by the commission, disposed of by gift to charitable or state
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  1  institutions, or sold, with the proceeds derived from the sale
  2  deposited into the Marine Resources Conservation Trust Fund to
  3  be used for law enforcement purposes, or into the commission's
  4  Federal Law Enforcement Trust Fund as provided in s. 372.107,
  5  as applicable.
  6         (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
  7  PRODUCTS; PROCEDURE.--
  8         (a)  When an arrest is made pursuant to the provisions
  9  of this chapter and illegal, perishable saltwater products or
10  saltwater products illegally taken or landed are confiscated,
11  the defendant may post bond or cash deposit in an amount
12  determined by the judge to be the fair value of such
13  confiscated products. The defendant shall have 24 hours to
14  transport the products outside the limits of Florida for sale
15  or other disposition.  Should no bond or cash deposit be given
16  within the time fixed by the judge, the judge shall order the
17  sale of the confiscated saltwater products at the highest
18  price obtainable.  When feasible, at least three bids shall be
19  requested.
20         (b)  Moneys received from the sale of confiscated
21  saltwater products, either by the defendant or by order of the
22  court, shall be received by the judge and shall be remitted to
23  the commission to be deposited into a special escrow account
24  in the State Treasury to be held in trust pending the outcome
25  of the trial of the defendant. If bond is posted by the
26  defendant, it shall also be remitted to the commission to be
27  held in escrow pending the outcome of the trial of the
28  defendant.
29         (c)  In the event of acquittal, the proceeds of a sale
30  or the bond or cash deposit required by this subsection shall
31  be returned to the defendant.  In the event of a conviction,
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  1  the proceeds of a sale or the bond or cash deposit required by
  2  this subsection shall be deposited into the Marine Resources
  3  Conservation Trust Fund to be used for law enforcement
  4  purposes or into the commission's Federal Law Enforcement
  5  Trust Fund as provided in s. 372.107, as applicable.  Such
  6  deposit into the Marine Resources Conservation Trust Fund or
  7  the Federal Law Enforcement Trust Fund shall constitute
  8  confiscation.
  9         (d)  For purposes of confiscation under this
10  subsection, the term "saltwater products" has the meaning set
11  out in s. 370.01(25), except that the term does not include
12  saltwater products harvested under the authority of a
13  recreational license unless the amount of such harvested
14  products exceeds three times the applicable recreational bag
15  limit for trout, snook, or redfish.
16         (6)  MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL
17  FUNDING.--
18         (a)  Any municipal or county law enforcement agency
19  that enforces or assists the commission in enforcing the
20  provisions of this chapter, which results in a forfeiture of
21  property as provided in this section, shall be entitled to
22  receive all or a share of any property based upon its
23  participation in such enforcement.
24         (b)  If a municipal or county law enforcement agency
25  has a marine enforcement unit, any property delivered to any
26  municipal or county law enforcement agency as provided in
27  paragraph (a) may be retained or sold by the municipal or
28  county law enforcement agency, and the property or proceeds
29  shall be used to enforce the provisions of this chapter and
30  chapters 327 and 328. If a municipal or county law enforcement
31  agency does not have a marine enforcement unit, such property
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  1  or proceeds shall be disposed of under the provisions of
  2  chapter 932.
  3         (c)  Any funds received by a municipal or county law
  4  enforcement agency pursuant to this subsection shall be
  5  supplemental funds and may not be used as replacement funds by
  6  the municipality or county.
  7         Section 4.  Subsections (4), (7), and (8) of section
  8  370.07, Florida Statutes, are amended, and, for the purpose of
  9  incorporating the amendment to section 370.021, Florida
10  Statutes, in a reference thereto, paragraph (c) of subsection
11  (5) of section 370.07, Florida Statutes, is reenacted, to
12  read:
13         370.07  Wholesale and retail saltwater products
14  dealers; regulation.--
15         (4)  TRANSPORTATION OF SALTWATER PRODUCTS.--
16         (a)  A person transporting in this state saltwater
17  products that were produced in this state, regardless of
18  destination, shall have in his or her possession invoices,
19  bills of lading, or other similar instruments showing the
20  number of packages, boxes, or containers and the number of
21  pounds of each species and the name, physical address, and the
22  Florida wholesale dealer number of the dealer of origin.
23         (b)  A person transporting in this state saltwater
24  products that were produced outside this state to be delivered
25  to a destination in this state shall have in his or her
26  possession invoices, bills of lading, or other similar
27  instruments showing the number of packages, boxes, or
28  containers and the number of pounds of each species, the name
29  and physical address of the dealer of origin, and the name,
30  physical address, and Florida wholesale dealer number of the
31  Florida dealer to whom the shipment is to be delivered.
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  1         (c)  A person transporting in this state saltwater
  2  products that were produced outside this state which are to be
  3  delivered to a destination outside this state shall have in
  4  his or her possession invoices, bills of lading, or other
  5  similar instruments showing the number of packages, boxes, or
  6  containers and the number of pounds of each species, the name
  7  and physical address of the dealer of origin, and the name and
  8  physical address of the dealer to whom the shipment is to be
  9  delivered.
10         (d)  If the saltwater products in transit come came
11  from more than one dealer, distributor, or producer, each lot
12  from each dealer shall be covered by invoices, bills of
13  lading, and other similar instruments showing the number of
14  boxes or containers and the number of pounds of each species.
15  Each invoice, bill of lading, and other similar instrument
16  shall display the wholesale dealer license number and the name
17  and physical address of the dealer, distributor, or producer
18  of the lot covered by the instrument.
19         (e)  It is unlawful to sell, deliver, ship, or
20  transport, or to possess for the purpose of selling,
21  delivering, shipping, or transporting, any saltwater products
22  without all invoices concerning the of such products having
23  thereon the wholesale dealer license number in the such form
24  as may be prescribed under the provisions of this subsection
25  and the rules and regulations of the Fish and Wildlife
26  Conservation commission. Any saltwater products found in the
27  possession of any person who is in violation of this paragraph
28  provision may be seized by the commission and disposed of in
29  the manner provided by law.
30         (f)  Nothing contained in this subsection may be
31  construed to apply to the sale and delivery to a consumer of
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  1  saltwater products in an ordinary retail transaction by a
  2  licensed retail dealer who has purchased such products from a
  3  licensed wholesale dealer, or to the sale and delivery of the
  4  catch or products of a saltwater products licensee to a
  5  Florida-licensed wholesale dealer.
  6         (g)  Wholesale dealers' licenses shall be issued only
  7  to applicants who furnish to the commission satisfactory
  8  evidence of law-abiding reputation and who pledge themselves
  9  to faithfully observe all of the laws, rules, and regulations
10  of this state relating to the conservation of, dealing in, or
11  taking, selling, transporting, or possession of saltwater
12  products, and to cooperate in the enforcement of all such laws
13  to every reasonable extent. This pledge may be included in the
14  application for license.
15         (h)  A wholesale dealer, retail dealer, or restaurant
16  facility shall not purchase or sell for public consumption any
17  saltwater products known to be taken illegally, or known to be
18  taken in violation of s. 16, Art. X of the State Constitution,
19  or any rule or statute implementing its provisions.
20         (i)(h)  Any person who violates the provisions of this
21  subsection commits is guilty of a misdemeanor of the first
22  degree, punishable as provided in s. 775.082 or s. 775.083.
23         (5)  LICENSE DENIAL, SUSPENSION, OR REVOCATION.--
24         (c)  In addition to, or in lieu of, the penalty imposed
25  pursuant to this subsection, the commission may impose
26  penalties pursuant to s. 370.021.
27         (7)  PURCHASE OF SALTWATER PRODUCTS AT TEMPORARY
28  LOCATION.--Wholesale dealers purchasing saltwater products
29  pursuant to s. 370.06(2)(a) at any site other than a site
30  located in a county where the dealer has a permanent address
31  must notify the Fish and Wildlife Conservation Commission of
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  1  the location of the temporary site of business for each day
  2  business is to be conducted at such site.
  3         (8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is
  4  unlawful for any licensed retail dealer or any restaurant
  5  licensed by the Division of Hotels and Restaurants of the
  6  Department of Business and Professional Regulation to buy
  7  saltwater products from any person other than a licensed
  8  wholesale or retail dealer. For purposes of this subsection,
  9  any saltwater products received by a retail dealer or a
10  restaurant are presumed to have been purchased.
11         Section 5.  For purposes of incorporating the amendment
12  to section 370.021, Florida Statutes, in references thereto,
13  subsections (3) and (4) of section 370.092, Florida Statutes,
14  are reenacted to read:
15         370.092  Carriage of proscribed nets across Florida
16  waters.--
17         (3)  Notwithstanding subsections (1) and (2), unless
18  authorized by rule of the Fish and Wildlife Conservation
19  Commission, it is a major violation under this section,
20  punishable as provided in s. 370.021(3), for any person, firm,
21  or corporation to possess any gill or entangling net, or any
22  seine net larger than 500 square feet in mesh area, on any
23  airboat or on any other vessel less than 22 feet in length and
24  on any vessel less than 25 feet if primary power of the vessel
25  is mounted forward of the vessel center point. Gill or
26  entangling nets shall be as defined in s. 16, Art. X of the
27  State Constitution, s. 370.093(2)(b), or in a rule of the Fish
28  and Wildlife Conservation Commission implementing s. 16, Art.
29  X of the State Constitution. Vessel length shall be determined
30  in accordance with current United States Coast Guard
31  regulations specified in the Code of Federal Regulations or as
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  1  titled by the State of Florida. The Marine Fisheries
  2  Commission is directed to initiate by July 1, 1998, rulemaking
  3  to adjust by rule the use of gear on vessels longer than 22
  4  feet where the primary power of the vessel is mounted forward
  5  of the vessel center point in order to prevent the illegal use
  6  of gill and entangling nets in state waters and to provide
  7  reasonable opportunities for the use of legal net gear in
  8  adjacent federal waters.
  9         (4)  The Fish and Wildlife Conservation Commission
10  shall adopt rules to prohibit the possession and sale of
11  mullet taken in illegal gill or entangling nets. Violations of
12  such rules shall be punishable as provided in s. 370.021(3).
13         Section 6.  For purposes of incorporating the amendment
14  to section 370.021, Florida Statutes, in a reference thereto,
15  subsection (5) of section 370.093, Florida Statutes, is
16  reenacted to read:
17         370.093  Illegal use of nets.--
18         (5)  Any person who violates this section shall be
19  punished as provided in s. 370.021(3).
20         Section 7.  Paragraphs (a) and (c) of subsection (2) of
21  section 370.142, Florida Statutes, are amended to read:
22         370.142  Spiny lobster trap certificate program.--
23         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
24  PENALTIES.--The Fish and Wildlife Conservation Commission
25  shall establish a trap certificate program for the spiny
26  lobster fishery of this state and shall be responsible for its
27  administration and enforcement as follows:
28         (a)  Transferable trap certificates.--Each holder of a
29  saltwater products license who uses traps for taking or
30  attempting to take spiny lobsters shall be required to have a
31  
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  1  certificate on record for each trap possessed or used
  2  therefor, except as otherwise provided in this section.
  3         1.  The Department of Environmental Protection shall
  4  initially allot such certificates to each licenseholder with a
  5  current crawfish trap number who uses traps.  The number of
  6  such certificates allotted to each such licenseholder shall be
  7  based on the trap/catch coefficient established pursuant to
  8  trip ticket records generated under the provisions of s.
  9  370.06(2)(a) over a 3-year base period ending June 30, 1991.
10  The trap/catch coefficient shall be calculated by dividing the
11  sum of the highest reported single license-year landings up to
12  a maximum of 30,000 pounds for each such licenseholder during
13  the base period by 700,000. Each such licenseholder shall then
14  be allotted the number of certificates derived by dividing his
15  or her highest reported single license-year landings up to a
16  maximum of 30,000 pounds during the base period by the
17  trap/catch coefficient. Nevertheless, no licenseholder with a
18  current crawfish trap number shall be allotted fewer than 10
19  certificates. However, certificates may only be issued to
20  individuals; therefore, all licenseholders other than
21  individual licenseholders shall designate the individual or
22  individuals to whom their certificates will be allotted and
23  the number thereof to each, if more than one. After initial
24  issuance, trap certificates are transferable on a market basis
25  and may be transferred from one licenseholder to another for a
26  fair market value agreed upon between the transferor and
27  transferee. Each such transfer shall, within 72 hours thereof,
28  be recorded on a notarized form provided for that purpose by
29  the Fish and Wildlife Conservation Commission and hand
30  delivered or sent by certified mail, return receipt requested,
31  to the commission for recordkeeping purposes. In addition, in
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  1  order to cover the added administrative costs of the program
  2  and to recover an equitable natural resource rent for the
  3  people of the state, a transfer fee of $2 per certificate
  4  transferred shall be assessed against the purchasing
  5  licenseholder and sent by money order or cashier's check with
  6  the certificate transfer form. Also, in addition to the
  7  transfer fee, a surcharge of $5 per certificate transferred or
  8  25 percent of the actual market value, whichever is greater,
  9  given to the transferor shall be assessed the first time a
10  certificate is transferred outside the original transferor's
11  immediate family. No transfer of a certificate shall be
12  effective until the commission receives the notarized transfer
13  form and the transfer fee, including any surcharge, is paid.
14  The commission may establish by rule an amount of equitable
15  rent per trap certificate that shall be recovered as partial
16  compensation to the state for the enhanced access to its
17  natural resources. Final approval of such a rule shall be by
18  the Governor and Cabinet sitting as the Board of Trustees of
19  the Internal Improvement Trust Fund. In determining whether to
20  establish such a rent and, if so, the amount thereof, the
21  commission shall consider the amount of revenues annually
22  generated by certificate fees, transfer fees, surcharges, trap
23  license fees, and sales taxes, the demonstrated fair market
24  value of transferred certificates, and the continued economic
25  viability of the commercial lobster industry. The proceeds of
26  equitable rent recovered shall be deposited in the Marine
27  Resources Conservation Trust Fund and used by the commission
28  for research, management, and protection of the spiny lobster
29  fishery and habitat. A transfer fee may not be assessed or
30  required when the transfer is within a family as a result of
31  the death or disability of the certificate owner. A surcharge
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  1  will not be assessed for any transfer within an individual's
  2  immediate family.
  3         2.  No person, firm, corporation, or other business
  4  entity may control, directly or indirectly, more than 1.5
  5  percent of the total available certificates in any license
  6  year.
  7         3.  The commission shall maintain records of all
  8  certificates and their transfers and shall annually provide
  9  each licenseholder with a statement of certificates held.
10         4.  The number of trap tags issued annually to each
11  licenseholder shall not exceed the number of certificates held
12  by the licenseholder at the time of issuance, and such tags
13  and a statement of certificates held shall be issued
14  simultaneously.
15         5.  Beginning July 1, 2003, and applicable to the
16  2003-2004 lobster season and thereafter, it is unlawful for
17  any person to lease lobster trap tags or certificates.
18         (c)  Prohibitions; penalties.--
19         1.  It is unlawful for a person to possess or use a
20  spiny lobster trap in or on state waters or adjacent federal
21  waters without having affixed thereto the trap tag required by
22  this section.  It is unlawful for a person to possess or use
23  any other gear or device designed to attract and enclose or
24  otherwise aid in the taking of spiny lobster by trapping that
25  is not a trap as defined in rule 68B-24.006(2), Florida
26  Administrative Code.
27         2.  It is unlawful for a person to possess or use spiny
28  lobster trap tags without having the necessary number of
29  certificates on record as required by this section.
30         3.  It is unlawful for any person to remove the
31  contents of another harvester's trap without the express
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  1  written consent of the trap owner available for immediate
  2  inspection. Such unauthorized removal constitutes theft. Any
  3  person convicted of theft from a trap shall, in addition to
  4  the penalties specified in ss. 370.021 and 370.14 and the
  5  provisions of this section, permanently lose all his or her
  6  saltwater fishing privileges, including his or her saltwater
  7  products license, crawfish endorsement, and all trap
  8  certificates allotted to him or her through this program. In
  9  such cases, trap certificates and endorsements are
10  nontransferable. In addition, any person, firm, or corporation
11  convicted of violating this paragraph shall also be assessed
12  an administrative penalty of up to $5,000. Immediately upon
13  receiving a citation for a violation involving theft from a
14  trap and until adjudicated for such a violation or, if
15  convicted of such a violation, the person, firm, or
16  corporation committing the violation is prohibited from
17  transferring any crawfish trap certificates and endorsements.
18         4.  In addition to any other penalties provided in s.
19  370.021, a commercial harvester, as defined by rule
20  68B-24.002(1), Florida Administrative Code, who violates the
21  provisions of this section, or the provisions relating to
22  traps of chapter 68B-24, Florida Administrative Code, shall be
23  punished as follows:
24         a.  If the first violation is for violation of
25  subparagraph 1. or subparagraph 2., the commission shall
26  assess an additional civil penalty of up to $1,000 and the
27  crawfish trap number issued pursuant to s. 370.14(2) or (6)
28  may be suspended for the remainder of the current license
29  year. For all other first violations, the commission shall
30  assess an additional civil penalty of up to $500.
31  
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  1         b.  For a second violation of subparagraph 1. or
  2  subparagraph 2. which occurs within 24 months of any previous
  3  such violation, the commission shall assess an additional
  4  civil penalty of up to $2,000 and the crawfish trap number
  5  issued pursuant to s. 370.14(2) or (6) may be suspended for
  6  the remainder of the current license year.
  7         c.  For a third or subsequent violation of subparagraph
  8  1., subparagraph 2., or subparagraph 3. which occurs within 36
  9  months of any previous two such violations, the commission
10  shall assess an additional civil penalty of up to $5,000 and
11  may suspend the crawfish trap number issued pursuant to s.
12  370.14(2) or (6) for a period of up to 24 months or may revoke
13  the crawfish trap number and, if revoking the crawfish trap
14  number, may also proceed against the licenseholder's saltwater
15  products license in accordance with the provisions of s.
16  370.021(2)(h)(i).
17         d.  Any person assessed an additional civil penalty
18  pursuant to this section shall within 30 calendar days after
19  notification:
20         (I)  Pay the civil penalty to the commission; or
21         (II)  Request an administrative hearing pursuant to the
22  provisions of s. 120.60.
23         e.  The commission shall suspend the crawfish trap
24  number issued pursuant to s. 370.14(2) or (6) for any person
25  failing to comply with the provisions of sub-subparagraph d.
26         5.a.  It is unlawful for any person to make, alter,
27  forge, counterfeit, or reproduce a spiny lobster trap tag or
28  certificate.
29         b.  It is unlawful for any person to knowingly have in
30  his or her possession a forged, counterfeit, or imitation
31  spiny lobster trap tag or certificate.
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  1         c.  It is unlawful for any person to barter, trade,
  2  sell, supply, agree to supply, aid in supplying, or give away
  3  a spiny lobster trap tag or certificate or to conspire to
  4  barter, trade, sell, supply, aid in supplying, or give away a
  5  spiny lobster trap tag or certificate unless such action is
  6  duly authorized by the commission as provided in this chapter
  7  or in the rules of the commission.
  8         6.a.  Any person who violates the provisions of
  9  subparagraph 5., or any person who engages in the commercial
10  harvest, trapping, or possession of spiny lobster without a
11  crawfish trap number as required by s. 370.14(2) or (6) or
12  during any period while such crawfish trap number is under
13  suspension or revocation, commits a felony of the third
14  degree, punishable as provided in s. 775.082, s. 775.083, or
15  s. 775.084.
16         b.  In addition to any penalty imposed pursuant to
17  sub-subparagraph a., the commission shall levy a fine of up to
18  twice the amount of the appropriate surcharge to be paid on
19  the fair market value of the transferred certificates, as
20  provided in subparagraph (a)1., on any person who violates the
21  provisions of sub-subparagraph 5.c.
22         7.  Any certificates for which the annual certificate
23  fee is not paid for a period of 3 years shall be considered
24  abandoned and shall revert to the commission. During any
25  period of trap reduction, any certificates reverting to the
26  commission shall become permanently unavailable and be
27  considered in that amount to be reduced during the next
28  license-year period. Otherwise, any certificates that revert
29  to the commission are to be reallotted in such manner as
30  provided by the commission.
31  
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  1         8.  The proceeds of all civil penalties collected
  2  pursuant to subparagraph 4. and all fines collected pursuant
  3  to sub-subparagraph 6.b. shall be deposited into the Marine
  4  Resources Conservation Trust Fund.
  5         9.  All traps shall be removed from the water during
  6  any period of suspension or revocation.
  7         Section 8.  Section 372.70, Florida Statutes, is
  8  amended to read:
  9         372.70  Prosecutions; state attorney to represent
10  state.--
11         (1)  The prosecuting officers of the several courts of
12  criminal jurisdiction of this state shall investigate and
13  prosecute all violations of the laws relating to game,
14  freshwater fish, nongame birds, and fur-bearing animals which
15  may be brought to their attention by the Fish and Wildlife
16  Conservation commission or its conservation officers, or which
17  may otherwise come to their knowledge.
18         (2)  The state attorney shall represent the state in
19  any forfeiture proceeding under this chapter. The Department
20  of Legal Affairs shall represent the state in all appeals from
21  judgments of forfeiture to the Supreme Court. The state may
22  appeal any judgment denying forfeiture in whole or in part
23  that may be otherwise adverse to the state.
24         Section 9.  Section 372.9901, Florida Statutes, is
25  amended to read:
26         (Substantial rewording of section.  See
27         s. 372.9901, F.S., for present text.)
28         372.9901  Seizure of illegal hunting devices;
29  disposition; notice; forfeiture.--In order to protect the
30  state's wildlife resources, any vehicle, vessel, animal, gun,
31  light, or other hunting device used or attempted to be used in
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  1  connection with, as an instrumentality of, or in aiding and
  2  abetting in the commission of an offense prohibited by s.
  3  372.99 is subject to seizure and forfeiture. The provisions of
  4  chapter 932 do not apply to any seizure or forfeiture under
  5  this section. For purposes of this section, a conviction is
  6  any disposition other than acquittal or dismissal.
  7         (1)(a)  Upon a first conviction of the person in whose
  8  possession the property was found, the court having
  9  jurisdiction over the criminal offense, notwithstanding any
10  jurisdictional limitations on the amount in controversy, may
11  make a finding that the property was used in connection with a
12  violation of s. 372.99.  Upon such finding, the court may
13  order the property forfeited to the commission.
14         (b)  Upon a second or subsequent conviction of a person
15  in whose possession the property was found for a violation of
16  s. 372.99, the court shall order the forfeiture to the
17  commission of any property used in connection with that
18  violation.
19         (2)  The requirement for a conviction before forfeiture
20  establishes, to the exclusion of any reasonable doubt, that
21  the property was used in connection with that violation.
22  Prior to the issuance of a forfeiture order for any vessel,
23  vehicle, or other property under subsection (1), the
24  commission shall seize the property and notify the registered
25  owner, if any, that the property has been seized by the
26  commission.
27         (3)  Notification of property seized under this section
28  must be sent by certified mail to a registered owner within 14
29  days after seizure.  If the commission, after diligent
30  inquiry, cannot ascertain the registered owner, the notice
31  requirement is satisfied.
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  1         (4)(a)  For a first conviction of an offense under s.
  2  372.99, property seized by the commission shall be returned to
  3  the registered owner if the commission fails to prove by a
  4  preponderance of the evidence before the court having
  5  jurisdiction over the criminal offense that the registered
  6  owner aided in, abetted in, participated in, gave consent to,
  7  knew of, or had reason to know of the offense.
  8         (b)  Upon a second or subsequent conviction for an
  9  offense under s. 372.99, the burden shall be on the registered
10  owner to prove by a preponderance of the evidence before the
11  court having jurisdiction over the criminal offense that the
12  registered owner in no way aided in, abetted in, participated
13  in, knew of, or had reason to know of the second offense which
14  resulted in seizure of the lawful property.
15         (c)  Any request for a hearing from a registered owner
16  asserting innocence to recover property seized under these
17  provisions must be sent to the commission's Division of Law
18  Enforcement within 21 days after the registered owner's
19  receipt of the notice of seizure.  If a request for a hearing
20  is not timely received, the court shall forfeit to the
21  commission the right to, title to, and interest in the
22  property seized, subject only to the rights and interests of
23  bona fide lienholders.
24         (5)  All amounts received from the sale or other
25  disposition of the property shall be paid into the State Game
26  Trust Fund or into the commission's Federal Law Enforcement
27  Trust Fund as provided in s. 372.107, as applicable.  If the
28  property is not sold or converted, it shall be delivered to
29  the executive director of the commission.
30  
31  
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  1         Section 10.  Section 372.31, Florida Statutes, is
  2  renumbered as section 372.99021, Florida Statutes, and amended
  3  to read:
  4         372.99021 372.31  Disposition of illegal fishing
  5  devices; exercise of police power.--
  6         (1)  In all cases of arrest and conviction for use of
  7  illegal nets or traps or fishing devices, as provided in this
  8  chapter, such illegal net, trap, or fishing device is declared
  9  to be a nuisance and shall be seized and carried before the
10  court having jurisdiction of such offense and said court shall
11  order such illegal trap, net, or fishing device forfeited to
12  the Fish and Wildlife Conservation commission immediately
13  after trial and conviction of the person in whose possession
14  they were found.  When any illegal net, trap, or fishing
15  device is found in the fresh waters of the state, and the
16  owner of same shall not be known to the officer finding the
17  same, such officer shall immediately procure from the county
18  court judge an order forfeiting said illegal net, trap, or
19  fishing device to the Fish and Wildlife Conservation
20  commission.  The Fish and Wildlife Conservation commission may
21  destroy such illegal net, trap, or fishing device, if in its
22  judgment said net, trap, or fishing device is not of value in
23  the work of the department.
24         (2)  When any nets, traps, or fishing devices are found
25  being used illegally as provided in this chapter, the same
26  shall be seized and forfeited to the Fish and Wildlife
27  Conservation commission as provided in this chapter.
28         (3)  This section is necessary for the more efficient
29  and proper enforcement of the statutes and laws of this state
30  prohibiting the illegal use of nets, traps, or fishing devices
31  and is a lawful exercise of the police power of the state for
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  1  the protection of the public welfare, health, and safety of
  2  the people of the state. All the provisions of this section
  3  shall be liberally construed for the accomplishment of these
  4  purposes.
  5         Section 11.  Section 372.99022, Florida Statutes, is
  6  created to read:
  7         372.99022  Illegal molestation of or theft from
  8  freshwater fishing gear.--
  9         (1)(a)  Any person, firm, or corporation that willfully
10  molests any authorized and lawfully permitted freshwater
11  fishing gear belonging to another without the express written
12  consent of the owner commits a felony of the third degree,
13  punishable as provided in s. 775.082, s. 775.083, or s.
14  775.084. Any written consent must be available for immediate
15  inspection.
16         (b)  Any person, firm, or corporation that willfully
17  removes the contents of any authorized and lawfully permitted
18  freshwater fishing gear belonging to another without the
19  express written consent of the owner commits a felony of the
20  third degree, punishable as provided in s. 775.082, s.
21  775.083, or s. 775.084. Any written consent must be available
22  for immediate inspection.
23  
24  A person, firm, or corporation that receives a citation for a
25  violation of this subsection is prohibited, immediately upon
26  receipt of such citation and until adjudicated or convicted of
27  a felony under this subsection, from transferring any
28  endorsements.
29         (2)  Any person, firm, or corporation convicted
30  pursuant to subsection (1) of removing the contents of
31  freshwater fishing gear without the express written consent of
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  1  the owner shall permanently lose all of his or her freshwater
  2  and saltwater fishing privileges, including his or her
  3  recreational and commercial licenses and endorsements, and
  4  shall be assessed an administrative penalty of not more than
  5  $5,000. The endorsements of such person, firm, or corporation
  6  are not transferable.
  7         (3)  For purposes of this section, the term "freshwater
  8  fishing gear" means haul seines, slat baskets, wire traps,
  9  hoop nets, or pound nets, and includes the lines or buoys
10  attached thereto.
11         Section 12.  Subsection (3) of section 372.9904,
12  Florida Statutes, is amended to read:
13         372.9904  Seizure of illegal transportation devices;
14  disposition; appraisal; forfeiture.--
15         (3)  Upon conviction of the violator, the property, if
16  owned by the person convicted, shall be forfeited to the state
17  under the procedure set forth in ss. 370.061 and 370.07
18  372.312-372.318, when not inconsistent with this section.  All
19  amounts received from the sale or other disposition of the
20  property shall be paid into the State Game Trust Fund or into
21  the commission's Federal Law Enforcement Trust Fund as
22  provided in s. 372.107, as applicable.  If the property is not
23  sold or converted, it shall be delivered to the director of
24  the Fish and Wildlife Conservation Commission.
25         Section 13.  Section 372.9905, Florida Statutes, is
26  amended to read:
27         372.9905  Applicability of ss. 372.99, 372.9901,
28  372.9903, and 372.9904.--The provisions of ss. 372.99,
29  372.9901, 372.9903, and 372.9904 relating to seizure and
30  forfeiture of animals or of vehicles, vessels, or other
31  transportation devices do shall not apply when such vehicles,
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  1  vessels, or other transportation devices are owned by, or
  2  titled in the name of, innocent parties.  The provisions of
  3  said sections shall not vitiate any valid lien, retain title
  4  contract, or chattel mortgage on such animals or vehicles,
  5  vessels, or other transportation devices if such lien, retain
  6  title contract, or chattel mortgage is properly of public
  7  record at the time of the seizure.
  8         Section 14.  Paragraph (b) of subsection (4) of section
  9  323.001, Florida Statutes, is amended to read:
10         323.001  Wrecker operator storage facilities; vehicle
11  holds.--
12         (4)  The requirements for a written hold apply when the
13  following conditions are present:
14         (b)  The officer has probable cause to believe the
15  vehicle should be seized and forfeited under Chapter 370 or
16  Chapter 372 372.312;
17         Section 15.  Sections 372.311, 372.312, 372.313,
18  372.314, 372.315, 372.316, 372.317, 372.318, 372.319, 372.321,
19  and 372.9902, Florida Statutes, are repealed.
20         Section 16.  Subsection (2) of section 370.12, Florida
21  Statutes, is amended to read:
22         370.12  Marine animals; regulation.--
23         (2)  PROTECTION OF MANATEES OR SEA COWS.--
24         (a)  This subsection shall be known and may be cited as
25  the "Florida Manatee Sanctuary Act."
26         (b)  The State of Florida is hereby declared to be a
27  refuge and sanctuary for the manatee, the "Florida state
28  marine mammal." The protections extended to and authorized on
29  behalf of the manatee by this act are independent of, and
30  therefore are not contingent upon, its status as a state or
31  federal listed species.
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  1         (c)  Whenever the Fish and Wildlife Conservation
  2  Commission is satisfied that the interest of science will be
  3  subserved, and that the application for a permit to possess a
  4  manatee or sea cow (Trichechus manatus) is for a scientific or
  5  propagational purpose and should be granted, and after
  6  concurrence by the United States Department of the Interior,
  7  the commission may grant to any person making such application
  8  a special permit to possess a manatee or sea cow, which permit
  9  shall specify the exact number which shall be maintained in
10  captivity.
11         (d)  Except as may be authorized by the terms of a
12  valid state permit issued pursuant to paragraph (c) or by the
13  terms of a valid federal permit, it is unlawful for any person
14  at any time, by any means, or in any manner intentionally or
15  negligently to annoy, molest, harass, or disturb or attempt to
16  molest, harass, or disturb any manatee; injure or harm or
17  attempt to injure or harm any manatee; capture or collect or
18  attempt to capture or collect any manatee; pursue, hunt,
19  wound, or kill or attempt to pursue, hunt, wound, or kill any
20  manatee; or possess, literally or constructively, any manatee
21  or any part of any manatee.
22         (e)  Any gun, net, trap, spear, harpoon, boat of any
23  kind, aircraft, automobile of any kind, other motorized
24  vehicle, chemical, explosive, electrical equipment, scuba or
25  other subaquatic gear, or other instrument, device, or
26  apparatus of any kind or description used in violation of any
27  provision of paragraph (d) may be forfeited upon conviction.
28  The foregoing provisions relating to seizure and forfeiture of
29  vehicles, vessels, equipment, or supplies do not apply when
30  such vehicles, vessels, equipment, or supplies are owned by,
31  or titled in the name of, innocent parties; and such
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  1  provisions shall not vitiate any valid lien, retain title
  2  contract, or chattel mortgage on such vehicles, vessels,
  3  equipment, or supplies if such lien, retain title contract, or
  4  chattel mortgage is property of public record at the time of
  5  the seizure.
  6         (f)1.  Except for emergency rules adopted under s.
  7  120.54, all proposed rules of the commission for which a
  8  notice of intended agency action is filed proposing to govern
  9  the speed and operation of motorboats for purposes of manatee
10  protection shall be submitted to the counties in which the
11  proposed rules will take effect for review by local rule
12  review committees.
13         2.  No less than 60 days prior to filing a notice of
14  rule development in the Florida Administrative Weekly, as
15  provided in s. 120.54(3)(a), the commission shall notify the
16  counties for which a rule to regulate the speed and operation
17  of motorboats for the protection of manatees is proposed. A
18  county so notified shall establish a rule review committee or
19  several counties may combine rule review committees.
20         3.  The county commission of each county in which a
21  rule to regulate the speed and operation of motorboats for the
22  protection of manatees is proposed shall designate a rule
23  review committee.  The designated voting membership of the
24  rule review committee must be comprised of waterway users,
25  such as fishers, boaters, water skiers, other waterway users,
26  as compared to the number of manatee and other environmental
27  advocates. A county commission may designate an existing
28  advisory group as the rule review committee.  With regard to
29  each committee, fifty percent of the voting members shall be
30  manatee advocates and other environmental advocates, and fifty
31  percent of the voting members shall be waterway users.
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  1         4.  The county shall invite other state, federal,
  2  county, municipal, or local agency representatives to
  3  participate as nonvoting members of the local rule review
  4  committee.
  5         5.  The county shall provide logistical and
  6  administrative staff support to the local rule review
  7  committee and may request technical assistance from commission
  8  staff.
  9         6.  Each local rule review committee shall elect a
10  chair and recording secretary from among its voting members.
11         7.  Commission staff shall submit the proposed rule and
12  supporting data used to develop the rule to the local rule
13  review committees.
14         8.  The local rule review committees shall have 60 days
15  from the date of receipt of the proposed rule to submit a
16  written report to commission members and staff. The local rule
17  review committees may use supporting data supplied by the
18  commission, as well as public testimony which may be collected
19  by the committee, to develop the written report. The report
20  may contain recommended changes to proposed manatee protection
21  zones or speed zones, including a recommendation that no rule
22  be adopted, if that is the decision of the committee.
23         9.  Prior to filing a notice of proposed rulemaking in
24  the Florida Administrative Weekly as provided in s.
25  120.54(3)(a), the commission staff shall provide a written
26  response to the local rule review committee reports to the
27  appropriate counties, to the commission members, and to the
28  public upon request.
29         10.  In conducting a review of the proposed manatee
30  protection rule, the local rule review committees may address
31  such factors as whether the best available scientific
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  1  information supports the proposed rule, whether seasonal zones
  2  are warranted, and such other factors as may be necessary to
  3  balance manatee protection and public access to and use of the
  4  waters being regulated under the proposed rule.
  5         11.  The written reports submitted by the local rule
  6  review committees shall contain a majority opinion. If the
  7  majority opinion is not unanimous, a minority opinion shall
  8  also be included.
  9         12.  The members of the commission shall fully consider
10  any timely submitted written report submitted by a local rule
11  review committee prior to authorizing commission staff to move
12  forward with proposed rulemaking and shall fully consider any
13  timely submitted subsequent reports of the committee prior to
14  adoption of a final rule. The written reports of the local
15  rule review committees and the written responses of the
16  commission staff shall be part of the rulemaking record and
17  may be submitted as evidence regarding the committee's
18  recommendations in any proceeding relating to a rule proposed
19  or adopted pursuant to this subsection.
20         13.  The commission is relieved of any obligations
21  regarding the local rule review committee process created in
22  this paragraph if a timely noticed county commission fails to
23  timely designate the required rule review committee.
24         (g)(f)  In order to protect manatees or sea cows from
25  harmful collisions with motorboats or from harassment, the
26  Fish and Wildlife Conservation Commission is authorized, in
27  addition to all other authority, to provide a permitting
28  agency with comments shall adopt rules under chapter 120
29  regarding the expansion of existing, or the construction of
30  new, marine facilities and mooring or docking slips, by the
31  addition or construction of five or more powerboat slips. The
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  1  commission shall adopt rules under chapter 120, and regulating
  2  the operation and speed of motorboat traffic, only where
  3  manatee sightings are frequent and the best available
  4  scientific information, as well as other available, relevant,
  5  and reliable information, which may include but is not limited
  6  to, manatee surveys, observations, available studies of food
  7  sources, and water depths, supports the conclusions that
  8  manatees it can be generally assumed, based on available
  9  scientific information, that they inhabit these areas on a
10  regular or continuous basis:
11         1.  In Lee County: the entire Orange River, including
12  the Tice Florida Power and Light Corporation discharge canal
13  and adjoining waters of the Caloosahatchee River within 1 mile
14  of the confluence of the Orange and Caloosahatchee Rivers.
15         2.  In Brevard County: those portions of the Indian
16  River within three-fourths of a mile of the Orlando Utilities
17  Commission Delespine power plant effluent and the Florida
18  Power and Light Frontenac power plant effluents.
19         3.  In Indian River County: the discharge canals of the
20  Vero Beach Municipal Power Plant and connecting waters within
21  1 1/4  miles thereof.
22         4.  In St. Lucie County: the discharge of the Henry D.
23  King Municipal Electric Station and connecting waters within 1
24  mile thereof.
25         5.  In Palm Beach County: the discharges of the Florida
26  Power and Light Riviera Beach power plant and connecting
27  waters within 1 1/2  miles thereof.
28         6.  In Broward County: the discharge canal of the
29  Florida Power and Light Port Everglades power plant and
30  connecting waters within 1 1/2  miles thereof and the
31  discharge canal of the Florida Power and Light Fort Lauderdale
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  1  power plant and connecting waters within 2 miles thereof. For
  2  purposes of ensuring the physical safety of boaters in a
  3  sometimes turbulent area, the area from the easternmost edge
  4  of the authorized navigation project of the intracoastal
  5  waterway east through the Port Everglades Inlet is excluded
  6  from this regulatory zone.
  7         7.  In Citrus County: headwaters of the Crystal River,
  8  commonly referred to as King's Bay, and the Homosassa River.
  9         8.  In Volusia County: Blue Springs Run and connecting
10  waters of the St. Johns River within 1 mile of the confluence
11  of Blue Springs and the St. Johns River; and Thompson Creek,
12  Strickland Creek, Dodson Creek, and the Tomoka River.
13         9.  In Hillsborough County: that portion of the Alafia
14  River from the main shipping channel in Tampa Bay to U.S.
15  Highway 41.
16         10.  In Sarasota County: the Venice Inlet and
17  connecting waters within 1 mile thereof, including Lyons Bay,
18  Donna Bay, Roberts Bay, and Hatchett Creek, excluding the
19  waters of the intracoastal waterway and the right-of-way
20  bordering the centerline of the intracoastal waterway.
21         11.  In Collier County: within the Port of Islands,
22  within section 9, township 52 south, range 28 east, and
23  certain unsurveyed lands, all east-west canals and the
24  north-south canals to the southerly extent of the intersecting
25  east-west canals which lie southerly of the centerline of U.S.
26  Highway 41.
27         12.  In Manatee County: that portion of the Manatee
28  River east of the west line of section 17, range 19 east,
29  township 34 south; the Braden River south of the north line
30  and east of the west line of section 29, range 18 east,
31  township 34 south; Terra Ceia Bay and River, east of the west
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    2002 Legislature                  CS/HB 1243, Second Engrossed
  1  line of sections 26 and 35 of range 17 east, township 33
  2  south, and east of the west line of section 2, range 17 east,
  3  township 34 south; and Bishop Harbor east of the west line of
  4  section 13, range 17 east, township 33 south.
  5         13.  In Miami-Dade County: those portions of Black
  6  Creek lying south and east of the water control dam, including
  7  all boat basins and connecting canals within 1 mile of the
  8  dam.
  9         (h)(g)  The Fish and Wildlife Conservation Commission
10  shall adopt rules pursuant to chapter 120 regulating the
11  operation and speed of motorboat traffic only where manatee
12  sightings are frequent and the best available scientific
13  information, as well as other available, relevant, and
14  reliable information, which may include but is not limited to,
15  manatee surveys, observations, available studies of food
16  sources, and water depths, supports the conclusion that
17  manatees it can be generally assumed that they inhabit these
18  areas on a regular or continuous basis within that portion of
19  the Indian River between the St. Lucie Inlet in Martin County
20  and the Jupiter Inlet in Palm Beach County and. In addition,
21  the commission shall adopt rules pursuant to chapter 120
22  regulating the operation and speed of motorboat traffic only
23  where manatee sightings are frequent and it can be generally
24  assumed that they inhabit these areas on a regular or
25  continuous basis within the Loxahatchee River in Palm Beach
26  and Martin Counties, including the north and southwest forks
27  thereof. A limited lane or corridor providing for reasonable
28  motorboat speeds may be identified and designated within this
29  area.
30         (i)(h)  The commission shall adopt rules pursuant to
31  chapter 120 regulating the operation and speed of motorboat
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  1  traffic only where manatee sightings are frequent and the best
  2  available scientific information, as well as other available,
  3  relevant, and reliable information, which may include but is
  4  not limited to, manatee surveys, observations, available
  5  studies of food sources, and water depths, supports the
  6  conclusion that manatees it can be generally assumed that they
  7  inhabit these areas on a regular or continuous basis within
  8  the Withlacoochee River and its tributaries in Citrus and Levy
  9  Counties. The specific areas to be regulated include the
10  Withlacoochee River and the U.S. 19 bridge westward to a line
11  between U.S. Coast Guard markers number 33 and number 34 at
12  the mouth of the river, including all side channels and coves
13  along that portion of the river; Bennets' Creek from its
14  beginning to its confluence with the Withlacoochee River;
15  Bird's Creek from its beginning to its confluence with the
16  Withlacoochee River; and the two dredged canal systems on the
17  north side of the Withlacoochee River southwest of Yankeetown.
18  A limited lane or corridor providing for reasonable motorboat
19  speeds may be identified and designated within this area.
20         (j)(i)  If any new power plant is constructed or other
21  source of warm water discharge is discovered within the state
22  which attracts a concentration of manatees or sea cows, the
23  Fish and Wildlife Conservation commission is directed to adopt
24  rules pursuant to chapter 120 regulating the operation and
25  speed of motorboat traffic within the area of such discharge.
26  Such rules shall designate a zone which is sufficient in size,
27  and which shall remain in effect for a sufficient period of
28  time, to protect the manatees or sea cows.
29         (k)(j)  It is the intent of the Legislature through
30  adoption of this paragraph to allow the Fish and Wildlife
31  Conservation Commission to post and regulate boat speeds only
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  1  where the best available scientific information, as well as
  2  other available, relevant, and reliable information, which may
  3  include but is not limited to, manatee surveys, observations,
  4  available studies of food sources, and water depth, supports
  5  the conclusion that manatees manatee sightings are frequent
  6  and it can be generally assumed that they inhabit these areas
  7  on a periodic regular or continuous basis. It is not the
  8  intent of the Legislature to permit the commission to post and
  9  regulate boat speeds generally throughout the waters of the
10  state in the above-described inlets, bays, rivers, creeks,
11  thereby unduly interfering with the rights of fishers,
12  boaters, and water skiers using the areas for recreational and
13  commercial purposes. The Legislature further intends that the
14  commission may identify and designate limited lanes or
15  corridors providing for reasonable motorboat speeds within
16  waters of the state whenever such lanes and corridors are
17  consistent with manatee protection may be identified and
18  designated within these areas.
19         (l)(k)  The commission shall adopt rules pursuant to
20  chapter 120 regulating the operation and speed of motorboat
21  traffic all year around within Turkey Creek and its
22  tributaries and within Manatee Cove in Brevard County. The
23  specific areas to be regulated consist of:
24         1.  A body of water which starts at Melbourne-Tillman
25  Drainage District structure MS-1, section 35, township 28
26  south, range 37 east, running east to include all natural
27  waters and tributaries of Turkey Creek, section 26, township
28  28 south, range 37 east, to the confluence of Turkey Creek and
29  the Indian River, section 24, township 28 south, range 37
30  east, including all lagoon waters of the Indian River bordered
31  on the west by Palm Bay Point, the north by Castaway Point,
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  1  the east by the four immediate spoil islands, and the south by
  2  Cape Malabar, thence northward along the shoreline of the
  3  Indian River to Palm Bay Point.
  4         2.  A triangle-shaped body of water forming a cove
  5  (commonly referred to as Manatee Cove) on the east side of the
  6  Banana River, with northern boundaries beginning and running
  7  parallel to the east-west cement bulkhead located 870 feet
  8  south of SR 520 Relief Bridge in Cocoa Beach and with western
  9  boundaries running in line with the City of Cocoa Beach
10  channel markers 121 and 127 and all waters east of these
11  boundaries in section 34, township 24 south, range 37 east;
12  the center coordinates of this cove are 28°20'14" north,
13  80°35'17" west.
14         (m)(l)  The commission shall promulgate regulations
15  pursuant to chapter 120 relating to the operation and speed of
16  motor boat traffic in port waters with due regard to the
17  safety requirements of such traffic and the navigational
18  hazards related to the movement of commercial vessels.
19         (n)(m)  The commission may designate by rule adopted
20  pursuant to chapter 120 other portions of state waters where
21  manatees are frequently sighted and the best available
22  scientific information, as well as other available, relevant,
23  and reliable information, which may include but is not limited
24  to, manatee surveys, observations, available studies of food
25  sources, and water depths, supports the conclusion that it can
26  be assumed that manatees inhabit such waters periodically or
27  continuously. Upon designation of such waters, the commission
28  shall adopt rules pursuant to chapter 120 to regulate
29  motorboat speed and operation which are necessary to protect
30  manatees from harmful collisions with motorboats and from
31  harassment. The commission may adopt rules pursuant to chapter
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  1  120 to protect manatee habitat, such as seagrass beds, within
  2  such waters from destruction by boats or other human activity.
  3  Such rules shall not protect noxious aquatic plants subject to
  4  control under s. 369.20.
  5         (o)(n)  The commission may designate, by rule adopted
  6  pursuant to chapter 120, limited areas as a safe haven for
  7  manatees to rest, feed, reproduce, give birth, or nurse
  8  undisturbed by human activity. Access by motor boat to private
  9  residences, boat houses, and boat docks through these areas by
10  residents, and their authorized guests, who must cross one of
11  these areas to have water access to their property is
12  permitted when the motorboat is operated at idle speed, no
13  wake.
14         (p)(o)  Except in the marked navigation channel of the
15  Florida Intracoastal Waterway as defined in s. 327.02 and the
16  area within 100 feet of such channel, a local government may
17  regulate, by ordinance, motorboat speed and operation on
18  waters within its jurisdiction where the best available
19  scientific information, as well as other available, relevant,
20  and reliable information, which may include but is not limited
21  to, manatee surveys, observations, available studies of food
22  sources, and water depths, supports the conclusion that
23  manatees inhabit these areas on a regular basis where manatees
24  are frequently sighted and can be generally assumed to inhabit
25  periodically or continuously. However, such an ordinance may
26  not take effect until it has been reviewed and approved by the
27  commission. If the commission and a local government disagree
28  on the provisions of an ordinance, a local manatee protection
29  committee must be formed to review the technical data of the
30  commission and the United States Fish and Wildlife Service,
31  
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  1  and to resolve conflicts regarding the ordinance. The manatee
  2  protection committee must be comprised of:
  3         1.  A representative of the commission;
  4         2.  A representative of the county;
  5         3.  A representative of the United States Fish and
  6  Wildlife Service;
  7         4.  A representative of a local marine-related
  8  business;
  9         5.  A representative of the Save the Manatee Club;
10         6.  A local fisher;
11         7.  An affected property owner; and
12         8.  A representative of the Florida Marine Patrol.
13  
14  If local and state regulations are established for the same
15  area, the more restrictive regulation shall prevail.
16         (q)(p)  The commission shall evaluate the need for use
17  of fenders to prevent crushing of manatees between vessels
18  (100' or larger) and bulkheads or wharves in counties where
19  manatees have been crushed by such vessels.  For areas in
20  counties where evidence indicates that manatees have been
21  crushed between vessels and bulkheads or wharves, the
22  commission shall:
23         1.  Adopt rules pursuant to chapter 120 requiring use
24  of fenders for construction of future bulkheads or wharves;
25  and
26         2.  Implement a plan and time schedule to require
27  retrofitting of existing bulkheads or wharves consistent with
28  port bulkhead or wharf repair or replacement schedules.
29  
30  The fenders shall provide sufficient standoff from the
31  bulkhead or wharf under maximum operational compression to
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  1  ensure that manatees cannot be crushed between the vessel and
  2  the bulkhead or wharf.
  3         (r)(q)  Any violation of a restricted area established
  4  by this subsection, or established by rule pursuant to chapter
  5  120 or ordinance pursuant to this subsection, shall be
  6  considered a violation of the boating laws of this state and
  7  shall be charged on a uniform boating citation as provided in
  8  s. 327.74, except as otherwise provided in paragraph (s). Any
  9  person who refuses to post a bond or accept and sign a uniform
10  boating citation shall, as provided in s. 327.73(3), be guilty
11  of a misdemeanor of the second degree, punishable as provided
12  in s. 775.082 or s. 775.083.
13         (s)(r)  Except as otherwise provided in this paragraph,
14  any person violating the provisions of this subsection or any
15  rule or ordinance adopted pursuant to this subsection shall be
16  guilty of a misdemeanor, punishable as provided in s.
17  370.021(1)(a) or (b).
18         1.  Any person operating a vessel in excess of a posted
19  speed limit shall be guilty of a civil infraction, punishable
20  as provided in s. 327.73, except as provided in subparagraph
21  2.
22         2.  This paragraph does not apply to persons violating
23  restrictions governing "No Entry" zones or "Motorboat
24  Prohibited" zones, who, if convicted, shall be guilty of a
25  misdemeanor, punishable as provided in s. 370.021(1)(a) or
26  (b), or, if such violation demonstrates blatant or willful
27  action, may be found guilty of harassment as described in
28  paragraph (d).
29         (t)  1.  In order to protect manatees and manatee
30  habitat, the counties identified in the Governor and Cabinet's
31  October 1989 Policy Directive shall develop manatee protection
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  1  plans consistent with commission criteria based upon "Schedule
  2  K" of the directive, and shall submit such protection plans
  3  for review and approval by the commission.  Any manatee
  4  protection plans not submitted by July 1, 2004 and any plans
  5  not subsequently approved by the commission shall be addressed
  6  pursuant to subparagraph 2.
  7         2.  No later than January 1, 2005, the Fish and
  8  Wildlife Conservation Commission shall designate any county it
  9  has identified as a substantial risk county for manatee
10  mortality as a county that must complete a manatee protection
11  plan by July 1, 2006. The commission is authorized to adopt
12  rules pursuant to s. 120.54 for identifying substantial risk
13  counties and establishing criteria for approval of manatee
14  protection plans for counties so identified.  Manatee
15  protection plans shall include the following elements at a
16  minimum:  education about manatees and manatee habitat; boater
17  education; an assessment of the need for new or revised
18  manatee protection speed zones; local law enforcement; and a
19  boat facility siting plan to address expansion of existing and
20  the development of new marinas, boat ramps, and other
21  multislip boating facilities.
22         3.  Counties required to adopt manatee protection plans
23  under this paragraph shall incorporate the boating facility
24  siting element of those protection plans within their
25  respective comprehensive plans.
26         4.  Counties that have already adopted approved manatee
27  protection plans, or that adopt subsequently approved manatee
28  protection plans by the effective date of this act, are in
29  compliance with the provisions of this paragraph so long as
30  they incorporate their approved Boat Facility Siting Plan into
31  
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  1  the appropriate element of their local Comprehensive Plan no
  2  later than July 1, 2003.
  3         Section 17.  Subsection (6) is added to section
  4  372.072, Florida Statutes, to read:
  5         372.072  Endangered and Threatened Species Act.--
  6         (6)  MEASURABLE BIOLOGICAL GOALS.--No later than
  7  February 15, 2003, the commission, working in conjunction with
  8  the United States Fish and Wildlife Service, shall develop
  9  measurable biological goals that define manatee recovery.
10  These measurable biological goals shall be used by the
11  commission in its development of management plans or work
12  plans. In addition to other criteria, these measurable
13  biological goals shall be used by the commission when
14  evaluating existing and proposed protection rules, and in
15  determining progress in achieving manatee recovery.
16         Section 18.  Subsection (2) of section 327.41, Florida
17  Statutes, is amended to read:
18         327.41  Uniform waterway regulatory markers.--
19         (2)  Any county or municipality which has been granted
20  a restricted area designation, pursuant to s. 327.46, for a
21  portion of the Florida Intracoastal Waterway within its
22  jurisdiction or which has adopted a restricted area by
23  ordinance pursuant to s. 327.22, s. 327.60, or s. 370.12(2)(p)
24  s. 370.12(2)(o), or any other governmental entity which has
25  legally established a restricted area, may apply to the
26  commission for permission to place regulatory markers within
27  the restricted area.
28         Section 19.  It is the intent of the Legislature that
29  the commission request the necessary funding and staffing
30  through a general revenue budget request to ensure that
31  manatees receive the maximum protection possible. The
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  1  Legislature recognizes that strong manatee protection depends
  2  upon consistently achieving a high degree of compliance with
  3  existing and future rules.  The commission shall conduct
  4  standardized studies to determine levels of public compliance
  5  with manatee protection rules, and shall use the results of
  6  the studies, together with other relevant information, to
  7  develop and implement strategic law enforcement initiatives
  8  and boater education plans.  Drawing upon information obtained
  9  from the compliance studies and the implementation of
10  enforcement initiatives together with boater education plans,
11  the commission shall identify any impediments in consistently
12  achieving high levels of compliance, and adjust their
13  enforcement and boater education efforts accordingly.
14         Section 20.  The Legislature intends that the
15  provisions of this act may not be retroactively applied to
16  manatee protection rules existing or in the process of being
17  adopted on the effective date of this act unless the Fish and
18  Wildlife Conservation Commission proposes to amend or revise
19  such rules after this act takes effect. Proposed rules that
20  are currently subject to an administrative challenge pending
21  as of February 12, 2002, are not subject to the provisions of
22  this act unless a court or administrative hearing officer
23  finds such proposed rule to be invalid and all appeals have
24  been exhausted. Once such rules become final, any revisions or
25  amendments of such rules shall be conducted pursuant to the
26  provisions of this act.
27         Section 21.  This act shall take effect July 1, 2002.
28  
29  
30  
31  
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