Senate Bill sb1050

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1050

    By Senator Smith





    14-694-03

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 370.021,

  4         F.S.; providing additional penalties for the

  5         unlicensed sale or purchase of a saltwater

  6         product or the harvest or attempted harvest

  7         with intent to sell of a saltwater product;

  8         provides for civil penalties, imprisonment,

  9         permanent revocation of license privileges, and

10         forfeiture of property involved in the offense;

11         amending s. 327.30, F.S.; increasing the

12         threshold amount at which a boating accident

13         resulting in property damage only must be

14         reported to the Division of Law Enforcement of

15         the commission and certain other law

16         enforcement agencies; amending s. 327.43, F.S.;

17         deleting certain restrictions and penalties for

18         anchoring or mooring a vessel within Silver

19         Glen Run and Silver Glen Springs; repealing ss.

20         370.15(6) and 370.153(3)(c), F.S., relating to

21         live bait shrimping; amending ss. 370.1535 and

22         370.154, F.S., relating to the regulation of

23         shrimp fishing; conforming provisions to

24         changes made by the act; providing an effective

25         date.

26  

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

28  

29         Section 1.  Present subsections (6) through (12) of

30  section 370.021, Florida Statutes, are redesignated as

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1050
    14-694-03




 1  subsections (7) through (13), respectively, and a new

 2  subsection (6) is added to that section to read:

 3         370.021  Administration; rules, publications, records;

 4  penalties; injunctions.--

 5         (6)  PENALTIES FOR UNLICENSED SALE, PURCHASE, OR

 6  HARVEST.--It is a major violation and punishable as provided

 7  in this section for an unlicensed person who is required to be

 8  licensed under this chapter to sell or purchase any saltwater

 9  product or to harvest or attempt to harvest any saltwater

10  product with intent to sell the saltwater product.

11         (a)  In addition to being subject to other penalties

12  provided in this chapter, upon a second or subsequent

13  violation, any person who sells or purchases any saltwater

14  product without having purchased the licenses required by this

15  chapter for such sale is subject to additional penalties as

16  follows:

17         1.  A second violation is a misdemeanor of the first

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

19  and such person may also be assessed a civil penalty of up to

20  $2,500 and is subject to a suspension of all license

21  privileges under chapters 370 and 372 for a period not

22  exceeding 90 days.

23         2.  A third violation is a misdemeanor of the first

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

25  with a mandatory minimum term of imprisonment of 6 months, and

26  such person may also be assessed a civil penalty of up to

27  $5,000 and is subject to a suspension of all license

28  privileges under chapters 370 and 372 for a period not

29  exceeding 6 months.

30         3.  A third violation within 1 year after a second

31  violation is a felony of the third degree, punishable as

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1050
    14-694-03




 1  provided in s. 775.082 or s. 775.083, with a mandatory minimum

 2  term of imprisonment of 1 year, and such person shall be

 3  assessed a civil penalty of $5,000 and all license privileges

 4  under chapters 370 and 372 shall be permanently revoked.

 5         4.  A fourth violation is a felony of the third degree,

 6  punishable as provided in s. 775.082 or s. 775.083, with a

 7  mandatory minimum term of imprisonment of 1 year, and such

 8  person shall be assessed a civil penalty of $5,000 and all

 9  license privileges under chapters 370 and 372 shall be

10  permanently revoked.

11         (b)  In addition to being subject to other penalties

12  provided in this chapter, any person whose license privileges

13  under chapters 370 and 372 have been permanently revoked and

14  who thereafter sells or purchases or who attempts to sell or

15  purchase any saltwater product commits a felony of the third

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

17  with a mandatory minimum term of imprisonment of 1 year, and

18  such person shall also be assessed a civil penalty of $5,000.

19  All property involved in such offense shall be forfeited

20  pursuant to s. 370.061.

21         (c)  In addition to being subject to other penalties

22  provided in this chapter, any person whose license privileges

23  under chapter 370 are under suspension and who during such

24  period of suspension sells or purchases or attempts to sell or

25  purchase any saltwater product shall be assessed the following

26  additional penalties:

27         1.  A first violation is a misdemeanor of the second

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

29  and such person may be assessed a civil penalty of up to

30  $2,500 and is subject to a suspension of all license

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1050
    14-694-03




 1  privileges under chapters 370 and 372 for a period not

 2  exceeding 90 days.

 3         2.  A second violation occurring within 12 months after

 4  a first violation is a felony of the third degree, punishable

 5  as provided in s. 775.082 or s. 775.083, with a mandatory

 6  minimum term of imprisonment of 1 year, and such person may be

 7  assessed a civil penalty of up to $5,000 and is subject to a

 8  suspension of all license privileges under chapters 370 and

 9  372 for a period not exceeding 6 months. All property involved

10  in such offense shall be forfeited pursuant to s. 370.061.

11         3.  A third or subsequent violation occurring within 2

12  years after a second violation is a felony of the third

13  degree, with a mandatory minimum term of imprisonment of 1

14  year, and such person shall be assessed a mandatory civil

15  penalty of up to $5,000 and all license privileges under

16  chapters 370 and 372 shall be suspended for a period not

17  exceeding 24 months. All property involved in such offense

18  shall be forfeited pursuant to s. 370.061.

19         (d)  In addition to being subject to other penalties

20  provided in this chapter, upon a second or subsequent

21  violation, any person who harvests or attempts to harvest any

22  saltwater product with intent to sell the saltwater product

23  without having purchased a saltwater products license with the

24  requisite endorsements is subject to additional penalties as

25  follows:

26         1.  A second violation is a misdemeanor of the first

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

28  and such person may also be assessed a civil penalty of up to

29  $2,500 and is subject to a suspension of all license

30  privileges under chapters 370 and 372 for a period not

31  exceeding 90 days.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1050
    14-694-03




 1         2.  A third violation is a misdemeanor of the first

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

 3  with a mandatory minimum term of imprisonment of 6 months, and

 4  such person may also be assessed a civil penalty of up to

 5  $5,000 and is subject to a suspension of all license

 6  privileges under chapters 370 and 372 for a period not

 7  exceeding 6 months.

 8         3. A third violation within 1 year after a second

 9  violation is a felony of the third degree, punishable as

10  provided in s. 775.082 or s. 775.083, with a mandatory minimum

11  term of imprisonment of 1 year, and such person shall also be

12  assessed a civil penalty of $5,000 and all license privileges

13  under chapters 370 and 372 shall be permanently revoked.

14         4.  A fourth violation is a felony of the third degree,

15  punishable as provided in s. 775.082 or s. 775.083, with a

16  mandatory minimum term of imprisonment of 1 year, and such

17  person shall also be assessed a mandatory civil penalty of

18  $5,000 and all license privileges under chapters 370 and 372

19  shall be permanently revoked.

20  

21  For purposes of this subsection, a violation means any

22  judicial disposition other than acquittal or dismissal.

23         Section 2.  Subsection (2) of section 327.30, Florida

24  Statutes, is amended to read:

25         327.30  Collisions, accidents, and casualties.--

26         (2)  In the case of collision, accident, or other

27  casualty involving a vessel in or upon or entering into or

28  exiting from the water, including capsizing, collision with

29  another vessel or object, sinking, personal injury requiring

30  medical treatment beyond immediate first aid, death,

31  disappearance of any person from on board under circumstances

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1050
    14-694-03




 1  which indicate the possibility of death or injury, or damage

 2  to any vessel or other property in an apparent aggregate

 3  amount of at least $2,000 $500, the operator shall without

 4  delay, by the quickest means available give notice of the

 5  accident to one of the following agencies: the Division of Law

 6  Enforcement of the Fish and Wildlife Conservation Commission;

 7  the sheriff of the county within which the accident occurred;

 8  or the police chief of the municipality within which the

 9  accident occurred, if applicable.

10         Section 3.  Section 327.43, Florida Statutes, is

11  amended to read:

12         327.43  Silver Glen Run and Silver Glen Springs;

13  navigation channel; anchorage buoys; violations.--

14         (1)  The Fish and Wildlife Conservation Commission is

15  hereby directed to mark a navigation channel within Silver

16  Glen Run and Silver Glen Springs, located on the western shore

17  of Lake George on the St. Johns River.

18         (2)  The commission is further directed to establish

19  permanent anchorage buoys within Silver Glen Run and Silver

20  Glen Springs.

21         (3)  Vessel anchorage or mooring shall only be allowed

22  utilizing permanently established anchorage buoys. No vessel

23  shall anchor or otherwise attach, temporarily or permanently,

24  to the bottom within Silver Glen Run or Silver Glen Springs.

25         (4)  Any violation of this act shall constitute a

26  violation of the boating laws of this state and shall be

27  punishable by issuance of a uniform boating citation as

28  provided in s. 327.74. Any person who refuses to post a bond

29  or accept and sign a uniform boating citation, as provided in

30  s. 327.73(3), commits a misdemeanor of the second degree,

31  punishable as provided in s. 775.082 or s. 775.083.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1050
    14-694-03




 1         Section 4.  Subsection (6) of section 370.15, Florida

 2  Statutes, and paragraph (c) of subsection (3) of section

 3  370.153, Florida Statutes, are repealed.

 4         Section 5.  Paragraph (d) of subsection (2) of section

 5  370.1535, Florida Statutes, is amended to read:

 6         370.1535  Regulation of shrimp fishing in Tampa Bay;

 7  licensing requirements.--

 8         (2)  The Fish and Wildlife Conservation Commission is

 9  authorized to issue a dead shrimp production permit to persons

10  qualified pursuant to the following criteria:

11         (d)  No person shall be issued a permit or be allowed

12  to renew a permit if such person is registered for

13  noncommercial trawling pursuant to s. 370.15(4) or if such

14  person holds a live bait shrimping license issued pursuant to

15  s. 370.15(6).

16         Section 6.  Section 370.154, Florida Statutes, is

17  amended to read:

18         370.154  Shrimp regulations; closed areas; suspension

19  of license, etc.--Any person convicted of taking shrimp in a

20  closed area who is punishable under s. 370.15(5) or (6) shall,

21  in addition to the penalties set forth therein, have his or

22  her permit and the permit of the boat involved in the

23  violation, issued pursuant to s. 370.15(4), revoked, if the

24  person holds such a permit, and he or she shall be ineligible

25  to make application for such a permit for a period of 2 years

26  from the date of such conviction.  If a person not having a

27  permit is convicted hereunder, that person and the boat

28  involved in the violation shall not be eligible for such a

29  permit for 5 years.

30         Section 7.  This act shall take effect July 1, 2003.

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1050
    14-694-03




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides that the unlicensed sale or purchase of a
      saltwater product or the unlicensed harvest or attempted
 4    harvest with intent to sell of a saltwater product is a
      major violation of chapter 370, F.S., and imposes
 5    additional penalties for any such violation, including
      civil penalties, imprisonment, permanent revocation of
 6    license privileges, and forfeiture of the property
      involved in the offense. Increases from $500 to $2,000
 7    the threshold amount at which a boating accident
      resulting in property damage only must be reported to the
 8    Division of Law Enforcement of the Fish and Wildlife
      Conservation Commission and local law enforcement
 9    agencies. Removes the restrictions and penalties for
      anchoring or mooring a vessel within Silver Glen Run and
10    Silver Glen Springs. Deletes certain obsolete references
      to live bait shrimping. (See bill for details.)
11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.