HB 1639 2003
1	CHAMBER ACTION
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6	The Committee on Natural Resources recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to state waters and marine resources;
12	amending s. 327.30, F.S.; revising notification
13	requirements for described boating accidents; amending s.
14	327.43, F.S.; removing requirement that the Fish and
15	Wildlife Conservation Commission place certain buoys;
16	deleting certain prohibitions; deleting penalties for
17	violation; amending s. 370.01, F.S.; defining "molest";
18	amending s. 370.021, F.S.; revising penalties for
19	described violations of saltwater products licensing
20	requirements; amending s. 370.061, F.S.; correcting a
21	cross reference; amending s. 370.1107, F.S; revising
22	penalties for unlawful possession of registered saltwater
23	fisheries traps; amending s. 370.13, F.S.; revising
24	penalties for unlawful possession of registered stone crab
25	traps or removal of trap contents; amending s. 370.135,
26	F.S.; revising penalties for unlawful possession of
27	registered blue crab traps or removal of trap contents;
28	amending s. 370.142, F.S.; prohibiting willful molestation
29	or possession of spiny lobster traps; revising penalties
30	for unlawful possession of spiny lobster traps or removal
31	of trap contents; amending 370.15, F.S.; deleting license
32	requirement for live bait shrimping; amending s. 370.153,
33	F.S.; deleting provisions requiring certain equipment
34	while live bait shrimping; amending ss. 370.1535 and
35	370.154, F.S.; correcting cross references; reenacting ss.
36	370.0603(2)(d), 370.07(5)(c) and (6)(b), and 372.5704(5),
37	F.S., to incorporate amendments made by the act in
38	references thereto; providing an effective date.
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40	Be It Enacted by the Legislature of the State of Florida:
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42	Section 1. Subsection (2) of section 327.30, Florida
43	Statutes, is amended to read:
44	327.30 Collisions, accidents, and casualties.--
45	(2) In the case of collision, accident, or other casualty
46	involving a vessel in or upon or entering into or exiting from
47	the water, including capsizing, collision with another vessel or
48	object, sinking, personal injury requiring medical treatment
49	beyond immediate first aid, death, disappearance of any person
50	from on board under circumstances which indicate the possibility
51	of death or injury, or damage to any vessel or other property in
52	an apparent aggregate amount of at least $2,000$500, the
53	operator shall without delay, by the quickest means available
54	give notice of the accident to one of the following agencies:
55	the Division of Law Enforcement of the Fish and Wildlife
56	Conservation Commission; the sheriff of the county within which
57	the accident occurred; or the police chief of the municipality
58	within which the accident occurred, if applicable.
59	Section 2. Section 327.43, Florida Statutes, is amended to
60	read:
61	327.43 Silver Glen Run and Silver Glen Springs; navigation
62	channel; anchorage buoys; violations.--
63	(1)The Fish and Wildlife Conservation Commission is
64	hereby directed to mark a navigation channel within Silver Glen
65	Run and Silver Glen Springs, located on the western shore of
66	Lake George on the St. Johns River.
67	(2) The commission is further directed to establish
68	permanent anchorage buoys within Silver Glen Run and Silver Glen
69	Springs.
70	(3) Vessel anchorage or mooring shall only be allowed
71	utilizing permanently established anchorage buoys. No vessel
72	shall anchor or otherwise attach, temporarily or permanently, to
73	the bottom within Silver Glen Run or Silver Glen Springs.
74	(4) Any violation of this act shall constitute a violation
75	of the boating laws of this state and shall be punishable by
76	issuance of a uniform boating citation as provided in s. 327.74.
77	Any person who refuses to post a bond or accept and sign a
78	uniform boating citation, as provided in s. 327.73(3), commits a
79	misdemeanor of the second degree, punishable as provided in s.
80	775.082 or s. 775.083.
81	Section 3. Subsections (15) through (27) of section
82	370.01, Florida Statutes, are redesignated as subsections (16)
83	through (28), respectively, and a new subsection (15) is added
84	to said section to read:
85	370.01 Definitions.--In construing these statutes, where
86	the context does not clearly indicate otherwise, the word,
87	phrase, or term:
88	(15) "Molest" in connection with any fishing trap or its
89	buoy or buoy line means to touch, bother, disturb, or interfere
90	or tamper with, in any manner.
91	Section 4. Section 370.021, Florida Statutes, is amended
92	to read:
93	370.021 Administration; rules, publications, records;
94	penalties; injunctions.--
95	(1) PENALTIES.--Unless otherwise provided by law, any
96	person, firm, or corporation who is convicted for violating any
97	provision of this chapter, or any rule of the Fish and Wildlife
98	Conservation Commission relating to the conservation of marine
99	resources, shall be punished:
100	(a) Upon a first conviction, by imprisonment for a period
101	of not more than 60 days or by a fine of not less than $100 nor
102	more than $500, or by both such fine and imprisonment.
103	(b) On a second or subsequent conviction within 12 months,
104	by imprisonment for not more than 6 months or by a fine of not
105	less than $250 nor more than $1,000, or by both such fine and
106	imprisonment.
107
108	Upon final disposition of any alleged offense for which a
109	citation for any violation of this chapter or the rules of the
110	commission has been issued, the court shall, within 10 days,
111	certify the disposition to the commission.
112	(2) MAJOR VIOLATIONS.--In addition to the penalties
113	provided in paragraphs (1)(a) and (b), the court shall assess
114	additional penalties against any person, firm, or corporation
115	convicted of major violations as follows:
116	(a) For a violation involving more than 100 illegal blue
117	crabs, crawfish, or stone crabs, an additional penalty of $10
118	for each illegal blue crab, crawfish, stone crab, or part
119	thereof.
120	(b) For a violation involving the taking or harvesting of
121	shrimp from a nursery or other prohibited area, or any two
122	violations within a 12-month period involving shrimping gear,
123	minimum size (count), or season, an additional penalty of $10
124	for each pound of illegal shrimp or part thereof.
125	(c) For a violation involving the taking or harvesting of
126	oysters from nonapproved areas or the taking or possession of
127	unculled oysters, an additional penalty of $10 for each bushel
128	of illegal oysters.
129	(d) For a violation involving the taking or harvesting of
130	clams from nonapproved areas, an additional penalty of $100 for
131	each 500 count bag of illegal clams.
132	(e) For a violation involving the taking, harvesting, or
133	possession of any of the following species, which are
134	endangered, threatened, or of special concern:
135	1. Shortnose sturgeon (Acipenser brevirostrum);
136	2. Atlantic sturgeon (Acipenser oxyrhynchus);
137	3. Common snook (Centropomus undecimalis);
138	4. Atlantic loggerhead turtle (Caretta caretta caretta);
139	5. Atlantic green turtle (Chelonia mydas mydas);
140	6. Leatherback turtle (Dermochelys coriacea);
141	7. Atlantic hawksbill turtle (Eretmochelys imbricata
142	imbracata);
143	8. Atlantic ridley turtle (Lepidochelys kempi); or
144	9. West Indian manatee (Trichechus manatus latirostris),
145
146	an additional penalty of $100 for each unit of marine life or
147	part thereof.
148	(f) For a second or subsequent conviction within 24 months
149	for any violation of the same law or rule involving the taking
150	or harvesting of more than 100 pounds of any finfish, an
151	additional penalty of $5 for each pound of illegal finfish.
152	(g) For any violation involving the taking, harvesting, or
153	possession of more than 1,000 pounds of any illegal finfish, an
154	additional penalty equivalent to the wholesale value of the
155	illegal finfish.
156	(h) Permits issued to any person, firm, or corporation by
157	the commission to take or harvest saltwater products, or any
158	license issued pursuant to s. 370.06 or s. 370.07 may be
159	suspended or revoked by the commission, pursuant to the
160	provisions and procedures of s. 120.60, for any major violation
161	prescribed in this subsection:
162	1. Upon a first conviction, for up to 30 calendar days.
163	2. Upon a second conviction which occurs within 12 months
164	after a prior violation, for up to 90 calendar days.
165	3. Upon a third conviction which occurs within 24 months
166	after a prior conviction, for up to 180 calendar days.
167	4. Upon a fourth conviction which occurs within 36 months
168	after a prior conviction, for a period of 6 months to 3 years.
169	(i) Upon the arrest and conviction for a major violation
170	involving stone crabs, the licenseholder must show just cause
171	why his or her license should not be suspended or revoked. For
172	the purposes of this paragraph, a "major violation" means a
173	major violation as prescribed for illegal stone crabs; any
174	single violation involving possession of more than 25 stone
175	crabs during the closed season or possession of 25 or more
176	whole-bodied or egg-bearing stone crabs; any violation for trap
177	molestation, trap robbing, or pulling traps at night; or any
178	combination of violations in any 3-consecutive-year period
179	wherein more than 75 illegal stone crabs in the aggregate are
180	involved.
181	(j) Upon the arrest and conviction for a major violation
182	involving crawfish, the licenseholder must show just cause why
183	his or her license should not be suspended or revoked. For the
184	purposes of this paragraph, a "major violation" means a major
185	violation as prescribed for illegal crawfish; any single
186	violation involving possession of more than 25 crawfish during
187	the closed season or possession of more than 25 wrung crawfish
188	tails or more than 25 egg-bearing or stripped crawfish; any
189	violation for trap molestation, trap robbing, or pulling traps
190	at night; or any combination of violations in any 3-consecutive-
191	year period wherein more than 75 illegal crawfish in the
192	aggregate are involved.
193	(k) Upon the arrest and conviction for a major violation
194	involving blue crabs, the licenseholder shall show just cause
195	why his or her saltwater products license should not be
196	suspended or revoked. This paragraph shall not apply to an
197	individual fishing with no more than five traps. For the
198	purposes of this paragraph, a "major violation" means a major
199	violation as prescribed for illegal blue crabs, any single
200	violation wherein 50 or more illegal blue crabs are involved;
201	any violation for trap molestation, trap robbing, or pulling
202	traps at night; or any combination of violations in any 3-
203	consecutive-year period wherein more than 100 illegal blue crabs
204	in the aggregate are involved.
205	(l) Upon the conviction for a major violation involving
206	finfish, the licenseholder must show just cause why his or her
207	saltwater products license should not be suspended or revoked.
208	For the purposes of this paragraph, a major violation is
209	prescribed for the taking and harvesting of illegal finfish, any
210	single violation involving the possession of more than 100
211	pounds of illegal finfish, or any combination of violations in
212	any 3-consecutive-year period wherein more than 200 pounds of
213	illegal finfish in the aggregate are involved.
214	(m) For a violation involving the taking or harvesting of
215	any marine life species, as those species are defined by rule of
216	the commission, the harvest of which is prohibited, or the
217	taking or harvesting of such a species out of season, or with an
218	illegal gear or chemical, or any violation involving the
219	possession of 25 or more individual specimens of marine life
220	species, or any combination of violations in any 3-year period
221	involving more than 70 such specimens in the aggregate, the
222	suspension or revocation of the licenseholder's marine life
223	endorsement as provided in paragraph (h).
224
225	Notwithstanding the provisions of s. 948.01, no court may
226	suspend, defer, or withhold adjudication of guilt or imposition
227	of sentence for any major violation prescribed in this
228	subsection. The proceeds from the penalties assessed pursuant to
229	this subsection shall be deposited into the Marine Resources
230	Conservation Trust Fund to be used for marine fisheries research
231	or into the commission's Federal Law Enforcement Trust Fund as
232	provided in s. 372.107, as applicable.
233	(3) PENALTIES FOR USE OF ILLEGAL NETS.--
234	(a) It is a major violation pursuant to this section,
235	punishable as provided in paragraph (b) for any person, firm, or
236	corporation to be simultaneously in possession of any species of
237	mullet in excess of the recreational daily bag limit and any
238	gill or other entangling net as defined in s. 16(c), Art. X of
239	the State Constitution. Simultaneous possession under this
240	provision shall include possession of mullet and gill or other
241	entangling nets on separate vessels or vehicles where such
242	vessels or vehicles are operated in coordination with one
243	another including vessels towed behind a main vessel. This
244	subsection does not prohibit a resident of this state from
245	transporting on land, from Alabama to this state, a commercial
246	quantity of mullet together with a gill net if:
247	1. The person possesses a valid commercial fishing license
248	that is issued by the State of Alabama and that allows the
249	person to use a gill net to legally harvest mullet in commercial
250	quantities from Alabama waters.
251	2. The person possesses a trip ticket issued in Alabama
252	and filled out to match the quantity of mullet being
253	transported, and the person is able to present such trip ticket
254	immediately upon entering this state.
255	3. The mullet are to be sold to a wholesale saltwater
256	products dealer located in Escambia County or Santa Rosa County,
257	which dealer also possesses a valid seafood dealer's license
258	issued by the State of Alabama. The dealer's name must be
259	clearly indicated on the trip ticket.
260	4. The mullet being transported are totally removed from
261	any net also being transported.
262	(b) In addition to being subject to the other penalties
263	provided in this chapter, any violation of s. 16(b), Art. X of
264	the State Constitution, or any rules of the commission which
265	implement the gear prohibitions and restrictions specified
266	therein shall be considered a major violation; and any person,
267	firm, or corporation receiving any judicial disposition other
268	than acquittal or dismissal of such violation shall be subject
269	to the following additional penalties:
270	1. For a first major violation within a 7-year period, a
271	civil penalty of $2,500 and suspension of all saltwater products
272	license privileges for 90 calendar days following final
273	disposition shall be imposed.
274	2. For a second major violation under this paragraph
275	charged within 7 years of a previous judicial disposition, which
276	results in a second judicial disposition other than acquittal or
277	dismissal, a civil penalty of $5,000 and suspension of all
278	saltwater products license privileges for 12 months shall be
279	imposed.
280	3. For a third or subsequent major violation under this
281	paragraph, charged within a 7-year period, resulting in a third
282	or subsequent judicial disposition other than acquittal or
283	dismissal, a civil penalty of $5,000, lifetime revocation of the
284	saltwater products license, and forfeiture of all gear and
285	equipment used in the violation shall be imposed.
286
287	A court may suspend, defer, or withhold adjudication of guilt or
288	imposition of sentence only for any first violation of s. 16,
289	Art. X of the State Constitution, or any rule or statute
290	implementing its restrictions, determined by a court only after
291	consideration of competent evidence of mitigating circumstances
292	to be a nonflagrant or minor violation of those restrictions
293	upon the use of nets. Any violation of s. 16, Art. X of the
294	State Constitution, or any rule or statute implementing its
295	restrictions, occurring within a 7-year period commencing upon
296	the conclusion of any judicial proceeding resulting in any
297	outcome other than acquittal shall be punished as a second,
298	third, or subsequent violation accordingly.
299	(c) During the period of suspension or revocation of
300	saltwater license privileges under this subsection, the licensee
301	shall not participate in the taking or harvesting, or attempt
302	the taking or harvesting, of saltwater products from any vessel
303	within the waters of the state; be aboard any vessel on which a
304	commercial quantity of saltwater products is possessed through
305	an activity requiring a license pursuant to this section; or
306	engage in any other activity requiring a license, permit, or
307	certificate issued pursuant to this chapter. Any person who is
308	convicted of violating this paragraph:
309	1. Upon a first or second conviction, is guilty of a
310	misdemeanor of the first degree, punishable as provided in s.
311	775.082 or s. 775.083.
312	2. Upon a third or subsequent conviction, is guilty of a
313	felony of the third degree, punishable as provided in s.
314	775.082, s. 775.083, or s. 775.084.
315	(d) Upon reinstatement of saltwater license privileges
316	suspended pursuant to a violation of this subsection, a licensee
317	owning or operating a vessel containing or otherwise
318	transporting in or on Florida waters any gill net or other
319	entangling net, or containing or otherwise transporting in
320	nearshore and inshore Florida waters any net containing more
321	than 500 square feet of mesh area shall remain restricted for a
322	period of 12 months following reinstatement, to operating under
323	the following conditions:
324	1. Vessels subject to this reinstatement period shall be
325	restricted to the corridors established by commission rule.
326	2. A violation of the reinstatement period provisions
327	shall be punishable pursuant to paragraphs (1)(a) and (b).
328	(4) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING
329	CERTAIN FINFISH.--It is a major violation pursuant to this
330	section, punishable as provided in paragraph (3)(b), for any
331	person to be in possession of any species of trout, snook, or
332	redfish which is three fish in excess of the recreational or
333	commercial daily bag limit.
334	(5) SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY
335	HARVESTED PRODUCTS.--In addition to other penalties authorized
336	in this chapter, any violation of s. 370.06 or s. 370.07, or
337	rules of the commission implementing s. 370.06 or s. 370.07,
338	involving the purchase of saltwater products by a commercial
339	wholesale dealer, retail dealer, or restaurant facility for
340	public consumption from an unlicensed person, firm, or
341	corporation, or the sale of saltwater products by an unlicensed
342	person, firm, or corporation or the purchase or sale of any
343	saltwater product known to be taken in violation of s. 16, Art.
344	X of the State Constitution, or rule or statute implementing the
345	provisions thereof, by a commercial wholesale dealer, retail
346	dealer, or restaurant facility, for public consumption, is a
347	major violation, and the commission may assess the following
348	penalties:
349	(a) For a first violation, the commission may assess a
350	civil penalty of up to $2,500 and may suspend the wholesale or
351	retail dealer's license privileges for up to 90 calendar days.
352	(b) For a second violation occurring within 12 months of a
353	prior violation, the commission may assess a civil penalty of up
354	to $5,000 and may suspend the wholesale or retail dealer's
355	license privileges for up to 180 calendar days.
356	(c) For a third or subsequent violation occurring within a
357	24-month period, the commission shall assess a civil penalty of
358	$5,000 and shall suspend the wholesale or retail dealer's
359	license privileges for up to 24 months.
360
361	Any proceeds from the civil penalties assessed pursuant to this
362	subsection shall be deposited into the Marine Resources
363	Conservation Trust Fund and shall be used as follows: 40 percent
364	for administration and processing purposes and 60 percent for
365	law enforcement purposes.
366	(6) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR
367	HARVEST.--It is a major violation and punishable as provided in
368	this subsection for an unlicensed person who is required to be
369	licensed under this chapter to sell or purchase any saltwater
370	product or to harvest or attempt to harvest any saltwater
371	product with intent to sell the saltwater product.
372	(a) Any person who sells or purchases any saltwater
373	product without having purchased the licenses required by this
374	chapter for such sale is subject to penalties as follows:
375	1. A first violation is a misdemeanor of the second
376	degree, punishable as provided in s. 775.082 or s. 775.083.
377	2. A second violation is a misdemeanor of the first
378	degree, punishable as provided in s. 775.082 or s. 775.083, and
379	such person may also be assessed a civil penalty of up to $2,500
380	and is subject to a suspension of all license privileges under
381	this chapter and chapter 372 for a period not exceeding 90 days.
382	3. A third violation is a misdemeanor of the first degree,
383	punishable as provided in s. 775.082 or s. 775.083, with a
384	mandatory minimum term of imprisonment of 6 months, and such
385	person may also be assessed a civil penalty of up to $5,000 and
386	is subject to a suspension of all license privileges under this
387	chapter and chapter 372 for a period not exceeding 180 days.
388	4. A third violation within 1 year after a second
389	violation is a felony of the third degree, punishable as
390	provided in s. 775.082 or s. 775.083, with a mandatory minimum
391	term of imprisonment of 1 year, and such person shall also be
392	assessed a civil penalty of $5,000 and all license privileges
393	under this chapter and chapter 372 shall be permanently revoked.
394	5. A fourth or subsequent violation is a felony of the
395	third degree, punishable as provided in s. 775.082 or s.
396	775.083, with a mandatory minimum term of imprisonment of 1
397	year, and such person shall also be assessed a civil penalty of
398	$5,000 and all license privileges under this chapter and chapter
399	372 shall be permanently revoked.
400	(b) Any person whose license privileges under this chapter
401	have been permanently revoked and who thereafter sells or
402	purchases or who attempts to sell or purchase any saltwater
403	product commits a felony of the third degree, punishable as
404	provided in s. 775.082 or s. 775.083, with a mandatory minimum
405	term of imprisonment of 1 year, and such person shall also be
406	assessed a civil penalty of $5,000. All property involved in
407	such offense shall be forfeited pursuant to s. 370.061.
408	(c) Any person whose license privileges under this chapter
409	are under suspension and who during such period of suspension
410	sells or purchases or attempts to sell or purchase any saltwater
411	product shall be assessed the following penalties:
412	1. A first violation, or a second violation occurring more
413	than 12 months after a first violation, is a first degree
414	misdemeanor, punishable as provided in ss. 775.082 and 775.083,
415	and such person may also be assessed a civil penalty of up to
416	$2,500 and an additional suspension of all license privileges
417	under this chapter and chapter 372 for a period not exceeding 90
418	days.
419	2. A second violation occurring within 12 months of a
420	first violation is a third degree felony, punishable as provided
421	in ss. 775.082 and 775.083, with a mandatory minimum term of
422	imprisonment of 1 year, and such person may also be assessed a
423	civil penalty of up to $5,000 and an additional suspension of
424	all license privileges under this chapter and chapter 372 for a
425	period not exceeding 180 days. All property involved in such
426	offense shall be forfeited pursuant to s. 370.061.
427	3. A third or subsequent violation is a third degree
428	felony, punishable as provided in ss. 775.082 and 775.083, with
429	a mandatory minimum term of imprisonment of 1 year, and such
430	person shall also be assessed a mandatory civil penalty of up to
431	$5,000 and an additional suspension of all license privileges
432	under this chapter and chapter 372 for a period not exceeding 24
433	months. All property involved in such offense shall be forfeited
434	pursuant to s. 370.061.
435	(d) Any person who harvests or attempts to harvest any
436	saltwater product with intent to sell the saltwater product
437	without having purchased a saltwater products license with the
438	requisite endorsements is subject to penalties as follows:
439	1. A first violation is a misdemeanor of the second
440	degree, punishable as provided in s. 775.082 or s. 775.083.
441	2. A second violation is a misdemeanor of the first
442	degree, punishable as provided in s. 775.082 or s. 775.083, and
443	such person may also be assessed a civil penalty of up to $2,500
444	and is subject to a suspension of all license privileges under
445	this chapter and chapter 372 for a period not exceeding 90 days.
446	3. A third violation is a misdemeanor of the first degree,
447	punishable as provided in s. 775.082 or s. 775.083, with a
448	mandatory minimum term of imprisonment of 6 months, and such
449	person may also be assessed a civil penalty of up to $5,000 and
450	is subject to a suspension of all license privileges under this
451	chapter and chapter 372 for a period not exceeding 180 days.
452	4. A third violation within 1 year after a second
453	violation is a felony of the third degree, punishable as
454	provided in s. 775.082 or s. 775.083, with a mandatory minimum
455	term of imprisonment of 1 year, and such person shall also be
456	assessed a civil penalty of $5,000 and all license privileges
457	under this chapter and chapter 372 shall be permanently revoked.
458	5. A fourth or subsequent violation is a felony of the
459	third degree, punishable as provided in s. 775.082 or s.
460	775.083, with a mandatory minimum term of imprisonment of 1
461	year, and such person shall also be assessed a mandatory civil
462	penalty of $5,000 and all license privileges under this chapter
463	and chapter 372 shall be permanently revoked.
464
465	For purposes of this subsection, a violation means any judicial
466	disposition other than acquittal or dismissal.
467	(7)(6)PUBLICATIONS BY COMMISSION.--The commission is
468	given authority, from time to time in its discretion, to cause
469	the statutory laws under its jurisdiction, together with any
470	rules promulgated by it, to be published in pamphlet form for
471	free distribution in this state. The commission is authorized to
472	make charges for technical and educational publications and
473	mimeographed material of use for educational or reference
474	purposes. Such charges shall be made at the discretion of the
475	commission. Such charges may be sufficient to cover cost of
476	preparation, printing, publishing, and distribution. All moneys
477	received for publications shall be deposited into the fund from
478	which the cost of the publication was paid. The commission is
479	further authorized to enter into agreements with persons, firms,
480	corporations, governmental agencies, and other institutions
481	whereby publications may be exchanged reciprocally in lieu of
482	payments for said publications.
483	(8)(7)POWERS OF OFFICERS.--
484	(a) Law enforcement officers of the commission are
485	constituted law enforcement officers of this state with full
486	power to investigate and arrest for any violation of the laws of
487	this state and the rules of the commission under their
488	jurisdiction. The general laws applicable to arrests by peace
489	officers of this state shall also be applicable to law
490	enforcement officers of the commission. Such law enforcement
491	officers may enter upon any land or waters of the state for
492	performance of their lawful duties and may take with them any
493	necessary equipment, and such entry will not constitute a
494	trespass. It is lawful for any boat, motor vehicle, or aircraft
495	owned or chartered by the commission or its agents or employees
496	to land on and depart from any of the beaches or waters of the
497	state. Such law enforcement officers have the authority, without
498	warrant, to board, inspect, and search any boat, fishing
499	appliance, storage or processing plant, fishhouse, spongehouse,
500	oysterhouse, or other warehouse, building, or vehicle engaged in
501	transporting or storing any fish or fishery products. Such
502	authority to search and inspect without a search warrant is
503	limited to those cases in which such law enforcement officers
504	have reason to believe that fish or any saltwater products are
505	taken or kept for sale, barter, transportation, or other
506	purposes in violation of laws or rules promulgated under this
507	law. Any such law enforcement officer may at any time seize or
508	take possession of any saltwater products or contraband which
509	have been unlawfully caught, taken, or processed or which are
510	unlawfully possessed or transported in violation of any of the
511	laws of this state or any rule of the commission. Such law
512	enforcement officers may arrest any person in the act of
513	violating any of the provisions of this law, the rules of the
514	commission, or any of the laws of this state. It is hereby
515	declared unlawful for any person to resist such arrest or in any
516	manner interfere, either by abetting or assisting such
517	resistance or otherwise interfering, with any such law
518	enforcement officer while engaged in the performance of the
519	duties imposed upon him or her by law or rule of the commission.
520	(b) The Legislature finds that the checking and inspection
521	of saltwater products aboard vessels is critical to good fishery
522	management and conservation and that, because almost all
523	saltwater products are either iced or cooled in closed areas or
524	containers, the enforcement of seasons, size limits, and bag
525	limits can only be effective when inspection of saltwater
526	products so stored is immediate and routine. Therefore, in
527	addition to the authority granted in paragraph (a), a law
528	enforcement officer of the commission who has probable cause to
529	believe that the vessel has been used for fishing prior to the
530	inspection shall have full authority to open and inspect all
531	containers or areas where saltwater products are normally kept
532	aboard vessels while such vessels are on the water, such as
533	refrigerated or iced locations, coolers, fish boxes, and bait
534	wells, but specifically excluding such containers that are
535	located in sleeping or living areas of the vessel.
536	(9)(8)RETENTION, DESTRUCTION, AND REPRODUCTION OF
537	RECORDS.--Records and documents of the commission created in
538	compliance with and in the implementation of this chapter or
539	former chapter 371 shall be retained by the commission as
540	specified in record retention schedules established under the
541	general provisions of chapters 119 and 257. Such records
542	retained by the Department of Environmental Protection on July
543	1, 1999, shall be transferred to the commission. Further, the
544	commission is authorized to:
545	(a) Destroy, or otherwise dispose of, those records and
546	documents in conformity with the approved retention schedules.
547	(b) Photograph, microphotograph, or reproduce such records
548	and documents on film, as authorized and directed by the
549	approved retention schedules, whereby each page will be exposed
550	in exact conformity with the original records and documents
551	retained in compliance with the provisions of this section.
552	Photographs or microphotographs in the form of film or print of
553	any records, made in compliance with the provisions of this
554	section, shall have the same force and effect as the originals
555	thereof would have and shall be treated as originals for the
556	purpose of their admissibility in evidence. Duly certified or
557	authenticated reproductions of such photographs or
558	microphotographs shall be admitted in evidence equally with the
559	original photographs or microphotographs. The impression of the
560	seal of the commission on a certificate made pursuant to the
561	provisions hereof and signed by the executive director of the
562	commission shall entitle the same to be received in evidence in
563	all courts and in all proceedings in this state and shall be
564	prima facie evidence of all factual matters set forth in the
565	certificate. A certificate may relate to one or more records, as
566	set forth in the certificate, or in a schedule continued on an
567	attachment to the certificate.
568	(c) Furnish certified copies of such records for a fee of
569	$1 which shall be deposited in the Marine Resources Conservation
570	Trust Fund.
571	(10)(9)COURTS OF EQUITY MAY ENJOIN.--Courts of equity in
572	this state have jurisdiction to enforce the conservation laws of
573	this state by injunction.
574	(11)(10)BOND OF EMPLOYEES.--The commission may require,
575	as it determines, that bond be given by any employee of the
576	commission or divisions thereof, payable to the Governor of the
577	state and the Governor's successor in office, for the use and
578	benefit of those whom it may concern, in such penal sums with
579	good and sufficient surety or sureties approved by the
580	commission conditioned for the faithful performance of the
581	duties of such employee.
582	(12)(11)REVOCATION OF LICENSES.--Any person licensed
583	under this chapter who has been convicted of taking aquaculture
584	species raised at a certified facility shall have his or her
585	license revoked for 5 years by the commission pursuant to the
586	provisions and procedures of s. 120.60.
587	(13)(12)LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
588	purposes of imposing license or permit suspensions or
589	revocations authorized by this chapter, the license or permit
590	under which the violation was committed is subject to suspension
591	or revocation by the commission. For purposes of assessing
592	monetary civil or administrative penalties authorized by this
593	chapter, the person, firm, or corporation cited and subsequently
594	receiving a judicial disposition of other than dismissal or
595	acquittal in a court of law is subject to the monetary penalty
596	assessment by the commission. However, if the license or
597	permitholder of record is not the person, firm, or corporation
598	receiving the citation and judicial disposition, the license or
599	permit may be suspended or revoked only after the license or
600	permitholder has been notified by the commission that the
601	license or permit has been cited in a major violation and is now
602	subject to suspension or revocation should the license or permit
603	be cited for subsequent major violations.
604	Section 5. Paragraph (d) of subsection (5) of section
605	370.061, Florida Statutes, is amended to read:
606	370.061 Confiscation, seizure, and forfeiture of property
607	and products.--
608	(5) CONFISCATION AND SALE OF PERISHABLE SALTWATER
609	PRODUCTS; PROCEDURE.--
610	(d) For purposes of confiscation under this subsection,
611	the term "saltwater products" has the meaning set out in s.
612	370.01(26)(25), except that the term does not include saltwater
613	products harvested under the authority of a recreational license
614	unless the amount of such harvested products exceeds three times
615	the applicable recreational bag limit for trout, snook, or
616	redfish.
617	Section 6. Paragraph (c) of subsection (2) of section
618	370.1107, Florida Statutes, is amended to read:
619	370.1107 Definition; possession of certain licensed traps
620	prohibited; penalties; exceptions; consent.--
621	(2) It is unlawful for any person, firm, corporation, or
622	association to be in actual or constructive possession of a
623	licensed saltwater fisheries trap registered with the Fish and
624	Wildlife Conservation Commission in another person's, firm's,
625	corporation's, or association's name.
626	(c) Upon receipt of any judicial disposition other than
627	dismissal or acquittal on a charge of violatingthe arrest and
628	conviction for violation of this section, or any provision of
629	law or rule making unlawful the possession of another person's
630	saltwater fisheries trap, a person shall permanently lose all
631	saltwater fishing privileges, including licenses, trap
632	certificates, and the ability to transfer trap certificatesany
633	licenseholder shall show just cause why his or her license shall
634	not be suspended or permanently revoked.
635	Section 7. Paragraph (b) of subsection (2) of section
636	370.13, Florida Statutes, is amended to read:
637	370.13 Stone crab; regulation.--
638	(2) PENALTIES.--For purposes of this subsection,
639	conviction is any disposition other than acquittal or dismissal,
640	regardless of whether the violation was adjudicated under any
641	state or federal law.
642	(b) It is unlawful for any person to remove the contents
643	of another harvester's trap or take possession of such trap
644	without the express written consent of the trap owner available
645	for immediate inspection. Such Unauthorized possession of
646	another person's trap gear or removal of trap contents
647	constitutes theft. Any person convicted of theft of orfrom a
648	trap pursuant to this subsection or s. 370.1107shall, in
649	addition to the penalties specified in s. 370.021 and the
650	provisions of this section, permanently lose all his or her
651	saltwater fishing privileges, including saltwater products
652	licenses, stone crab or incidental take endorsements, and all
653	trap certificates allotted to him or her by the commission. In
654	such cases, trap certificates and endorsements are
655	nontransferable. In addition, any person, firm, or corporation
656	convicted of violating the prohibitions referenced in this
657	paragraph shall also be assessed an administrative penalty of up
658	to $5,000. Immediately upon receiving a citation for a violation
659	involving theft of orfrom a trap and until adjudicated for such
660	a violation, or, upon receipt of a judicial disposition other
661	than dismissal or acquittal onif convicted ofsuch a violation,
662	the violator is prohibited from transferring any stone crab or
663	lobster certificates.
664	Section 8. Subsection (1) of section 370.135, Florida
665	Statutes, is amended to read:
666	370.135 Blue crab; regulation.--
667	(1) No person, firm, or corporation shall transport on the
668	water, fish with or cause to be fished with, set, or place any
669	trap designed for taking blue crabs unless such person, firm, or
670	corporation is the holder of a valid saltwater products license
671	issued pursuant to s. 370.06 and the trap has a current state
672	number permanently attached to the buoy. The trap number shall
673	be affixed in legible figures at least 1 inch high on each buoy
674	used. The saltwater products license must be on board the boat,
675	and both the license and the crabs shall be subject to
676	inspection at all times. Only one trap number may be issued for
677	each boat by the commission upon receipt of an application on
678	forms prescribed by it. This subsection shall not apply to an
679	individual fishing with no more than five traps. It is a felony
680	of the third degree, punishable as provided in s. 775.082, s.
681	775.083, or s. 775.084, for any person willfully to molest any
682	traps, lines, or buoys, as defined herein, belonging to another
683	without the express written consent of the trap ownerpermission
684	of the licenseholder. Any person receiving a judicial
685	disposition other than dismissal or acquittal on a charge of
686	willful molestation of a trap, in addition to the penalties
687	specified in s. 370.021, shall lose all saltwater fishing
688	privileges for a period of 24 calendar months.It is unlawful
689	for any person to remove the contents of or take possession of
690	another harvester's trap without the express written consent of
691	the trap owner available for immediate inspection. Such
692	Unauthorized possession of another’s trap gear or removal of
693	trap contents constitutes theft. Any person receiving a judicial
694	disposition other than dismissal or acquittal on a charge
695	convicted of theft of or from a trap pursuant to this subsection
696	or s. 370.1107shall, in addition to the penalties specified in
697	s. 370.021 and the provisions of this section, permanently lose
698	all his or her saltwater fishing privileges including his or her
699	saltwater products license and blue crab endorsement. In such
700	cases endorsements, landings history, and trap certificatesare
701	nontransferable. In addition, any person, firm, or corporation
702	receiving a judicial disposition other than dismissal or
703	acquittal forconvicted of violating this subsection or s.
704	370.1107shall also be assessed an administrative penalty of up
705	to $5,000. Immediately upon receiving a citation for a violation
706	involving theft of orfrom a trap and until adjudicated for such
707	a violation, or receiving a judicial disposition other than
708	dismissal or acquittal forif convicted ofsuch a violation, the
709	person, firm, or corporation committing the violation is
710	prohibited from transferring any blue crab endorsements,
711	landings history, or trap certificates.
712	Section 9. Paragraph (c) of subsection (2) of section
713	370.142, Florida Statutes, is amended to read:
714	370.142 Spiny lobster trap certificate program.--
715	(2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
716	PENALTIES.--The Fish and Wildlife Conservation Commission shall
717	establish a trap certificate program for the spiny lobster
718	fishery of this state and shall be responsible for its
719	administration and enforcement as follows:
720	(c) Prohibitions; penalties.--
721	1. It is unlawful for a person to possess or use a spiny
722	lobster trap in or on state waters or adjacent federal waters
723	without having affixed thereto the trap tag required by this
724	section. It is unlawful for a person to possess or use any other
725	gear or device designed to attract and enclose or otherwise aid
726	in the taking of spiny lobster by trapping that is not a trap as
727	defined in rule 68B-24.006(2), Florida Administrative Code.
728	2. It is unlawful for a person to possess or use spiny
729	lobster trap tags without having the necessary number of
730	certificates on record as required by this section.
731	3. It is unlawful for any person to willfully molest or
732	take possession of, or remove the contents of,another
733	harvester's trap without the express written consent of the trap
734	owner available for immediate inspection. Such Unauthorized
735	possession of another’s trap gear or removal of trap contents
736	constitutes theft. Any person receiving a judicial disposition
737	other than dismissal or acquittal on a chargeconvicted of theft
738	of or from a trap pursuant to this subparagraph or s. 370.1107
739	shall, in addition to the penalties specified in ss. 370.021 and
740	370.14 and the provisions of this section, permanently lose all
741	his or her saltwater fishing privileges, including his or her
742	saltwater products license, crawfish endorsement, and all trap
743	certificates allotted to him or her through this program. In
744	such cases, trap certificates and endorsements are
745	nontransferable. Any person receiving a judicial disposition
746	other than dismissal or acquittal on a charge of willful
747	molestation of a trap, in addition to the penalties specified in
748	ss. 370.021 and 370.14, shall lose all saltwater fishing
749	privileges for a period of 24 calendar months.In addition, any
750	person, firm, or corporation charged with violating this
751	paragraph and receiving a judicial disposition other than
752	dismissal or acquittal for violating this subparagraph or s.
753	370.1107convicted of violating this paragraphshall also be
754	assessed an administrative penalty of up to $5,000. Immediately
755	upon receiving a citation for a violation involving theft of or
756	from a trap, or molestation of a trap,and until adjudicated for
757	such a violation or, upon receipt of a judicial disposition
758	other than dismissal or acquittal onif convicted ofsuch a
759	violation, the person, firm, or corporation committing the
760	violation is prohibited from transferring any crawfish trap
761	certificates and endorsements.
762	4. In addition to any other penalties provided in s.
763	370.021, a commercial harvester, as defined by rule 68B-
764	24.002(1), Florida Administrative Code, who violates the
765	provisions of this section, or the provisions relating to traps
766	of chapter 68B-24, Florida Administrative Code, shall be
767	punished as follows:
768	a. If the first violation is for violation of subparagraph
769	1. or subparagraph 2., the commission shall assess an additional
770	civil penalty of up to $1,000 and the crawfish trap number
771	issued pursuant to s. 370.14(2) or (6) may be suspended for the
772	remainder of the current license year. For all other first
773	violations, the commission shall assess an additional civil
774	penalty of up to $500.
775	b. For a second violation of subparagraph 1. or
776	subparagraph 2. which occurs within 24 months of any previous
777	such violation, the commission shall assess an additional civil
778	penalty of up to $2,000 and the crawfish trap number issued
779	pursuant to s. 370.14(2) or (6) may be suspended for the
780	remainder of the current license year.
781	c. For a third or subsequent violation of subparagraph 1.,
782	subparagraph 2., or subparagraph 3. which occurs within 36
783	months of any previous two such violations, the commission shall
784	assess an additional civil penalty of up to $5,000 and may
785	suspend the crawfish trap number issued pursuant to s. 370.14(2)
786	or (6) for a period of up to 24 months or may revoke the
787	crawfish trap number and, if revoking the crawfish trap number,
788	may also proceed against the licenseholder's saltwater products
789	license in accordance with the provisions of s. 370.021(2)(h).
790	d. Any person assessed an additional civil penalty
791	pursuant to this section shall within 30 calendar days after
792	notification:
793	(I) Pay the civil penalty to the commission; or
794	(II) Request an administrative hearing pursuant to the
795	provisions of s. 120.60.
796	e. The commission shall suspend the crawfish trap number
797	issued pursuant to s. 370.14(2) or (6) for any person failing to
798	comply with the provisions of sub-subparagraph d.
799	5.a. It is unlawful for any person to make, alter, forge,
800	counterfeit, or reproduce a spiny lobster trap tag or
801	certificate.
802	b. It is unlawful for any person to knowingly have in his
803	or her possession a forged, counterfeit, or imitation spiny
804	lobster trap tag or certificate.
805	c. It is unlawful for any person to barter, trade, sell,
806	supply, agree to supply, aid in supplying, or give away a spiny
807	lobster trap tag or certificate or to conspire to barter, trade,
808	sell, supply, aid in supplying, or give away a spiny lobster
809	trap tag or certificate unless such action is duly authorized by
810	the commission as provided in this chapter or in the rules of
811	the commission.
812	6.a. Any person who violates the provisions of
813	subparagraph 5., or any person who engages in the commercial
814	harvest, trapping, or possession of spiny lobster without a
815	crawfish trap number as required by s. 370.14(2) or (6) or
816	during any period while such crawfish trap number is under
817	suspension or revocation, commits a felony of the third degree,
818	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
819	b. In addition to any penalty imposed pursuant to sub-
820	subparagraph a., the commission shall levy a fine of up to twice
821	the amount of the appropriate surcharge to be paid on the fair
822	market value of the transferred certificates, as provided in
823	subparagraph (a)1., on any person who violates the provisions of
824	sub-subparagraph 5.c.
825	7. Any certificates for which the annual certificate fee
826	is not paid for a period of 3 years shall be considered
827	abandoned and shall revert to the commission. During any period
828	of trap reduction, any certificates reverting to the commission
829	shall become permanently unavailable and be considered in that
830	amount to be reduced during the next license-year period.
831	Otherwise, any certificates that revert to the commission are to
832	be reallotted in such manner as provided by the commission.
833	8. The proceeds of all civil penalties collected pursuant
834	to subparagraph 4. and all fines collected pursuant to sub-
835	subparagraph 6.b. shall be deposited into the Marine Resources
836	Conservation Trust Fund.
837	9. All traps shall be removed from the water during any
838	period of suspension or revocation.
839	Section 10. Subsections (6) and (7) of section 370.15,
840	Florida Statutes, are amended to read:
841	370.15 Shrimp; regulation.--
842	(6) LIVE BAIT SHRIMPING; LICENSES.--Live bait shrimp may
843	be caught at any time but only under license issued by the
844	commission. Licensees must fish with gear and under those
845	conditions specified by the commission. Application for such
846	licenses shall be on forms supplied by the commission. A live
847	bait shrimping license shall be revocable when the holder does
848	not comply with the laws and regulations applicable to saltwater
849	conservation. All vessels fishing for live bait shrimp must be
850	equipped with live bait shrimp tanks, and no more than 5 pounds
851	of dead shrimp will be allowed on board such vessel per day.
852	(6)(7)CLOSED AREA FOR SHRIMPING.--
853	(a) No shrimping except for live bait shrimp shall be
854	permitted in all waters within the following described area:
855	Begin at a point of latitude 24°41'54" North and longitude
856	81°40'30" West near Snipe Point in Monroe County; thence go
857	North 35°53'16" West approximately 9 nautical miles to a point
858	of approximate latitude 24°41'55" North and longitude 81°46'15"
859	West, 3 marine leagues seaward of Snipe Point; thence easterly
860	and northerly following a line which is 3 marine leagues seaward
861	of the mean low-water line of the seawardmost points in Florida
862	Bay and the Gulf of Mexico to a point at latitude 26°00'00"
863	North and approximate longitude 81°56'30" West; thence east to a
864	point on the mean high-water line at latitude 26°00'00" North
865	and approximate longitude 81°44'06" West; thence southerly and
866	easterly along the mean high-water line of the Florida mainland
867	to its intersection with the westerly right-of-way of the U.S.
868	Highway 1 bridge in Long Sound; thence follow the westerly and
869	northern right-of-way of U.S. Highway 1 to a point on
870	Saddlebunch Key latitude 24°37'06" North and approximate
871	longitude 81°36'42" West; thence on a straight line to the point
872	of beginning.
873	(b) A second or any subsequent violation by any person of
874	this subsection is a felony of the third degree, punishable as
875	provided in s. 775.082 or s. 775.083.
876	Section 11. Subsection (3) of section 370.153, Florida
877	Statutes, is amended to read:
878	370.153 Regulation of shrimp fishing; Clay, Duval, Nassau,
879	Putnam, Flagler, and St. Johns Counties.--
880	(3) LIVE BAIT SHRIMP PRODUCTION.--
881	(a) A live bait shrimp production license shall be issued
882	by the Fish and Wildlife Conservation Commission upon the
883	receipt of an application by a person intending to use a boat,
884	not to exceed 35 feet in length in Duval, St. Johns, Putnam,
885	Flagler, and Clay Counties and not to exceed 45 feet in length
886	in Nassau County, for live shrimp production within the inland
887	waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay
888	Counties and the payment of a fee of $250. The annual fee of
889	$250 shall be collected by the commission for the issuance of
890	the license during a 60-day period beginning June 1 of each
891	year. The design of the application and permit shall be
892	determined by the commission. The proceeds of the fee imposed by
893	this paragraph shall be used by the Fish and Wildlife
894	Conservation Commission for the purposes of enforcement of
895	marine resource laws.
896	(b) The Executive Director of the Fish and Wildlife
897	Conservation Commission, or his or her designated
898	representative, may by order close certain areas to live bait
899	shrimp production when sampling procedures justify the closing
900	based upon sound conservation practices. The revocation of any
901	order to close has the effect of opening the area.
902	(c) Every live bait shrimp producer shall produce evidence
903	satisfactory to the commission that he or she has the necessary
904	equipment to maintain the shrimp alive while aboard the shrimp
905	fishing vessel. All vessels fishing for live bait shrimp must be
906	equipped with live bait shrimp tanks of a type and capacity
907	satisfactory to the commission, and no more than 5 pounds of
908	dead shrimp will be allowed on board such vessel per day.
909	(c)(d)1. Each licensed live bait shrimp producer who
910	stores his or her catch for sale or sells his or her catch shall
911	either:
912	a. Maintain onshore facilities which have been annually
913	checked and approved by the local commission office to assure
914	the facilities' ability to maintain the catch alive when the
915	live bait shrimp producer produces for his or her own facility;
916	or
917	b. Sell his or her catch only to persons who have onshore
918	facilities that have been annually checked and approved by the
919	local commission office to assure the facilities' ability to
920	maintain the catch alive, when the producer sells his or her
921	catch to an onshore facility. The producer shall provide the
922	commission with the wholesale number of the facility to which
923	the shrimp have been sold and shall submit this number on a form
924	designed and approved by the commission.
925	2. All persons who maintain onshore facilities as
926	described in this paragraph, whether the facilities are
927	maintained by the licensed live bait shrimp producer or by
928	another party who purchases shrimp from live bait shrimp
929	producers, shall keep records of their transactions in
930	conformance with the provisions of s. 370.07(6).
931	(d)(e)All commercial trawling in Clay, Duval, and St.
932	Johns Counties shall be restricted to the inland waters of the
933	St. Johns River proper in the area north of the Acosta Bridge in
934	Jacksonville and at least 100 yards from the nearest shoreline.
935	(e)(f)A live shrimp producer must also be a licensed
936	wholesale dealer. Such person shall not sell live bait shrimp
937	unless he or she produces a live bait shrimp production license
938	at the time of sale.
939	(f)(g)The commission shall rename the Live Bait Shrimp
940	Production License as the Commercial Live Shrimp Production
941	License.
942	Section 12. Paragraph (d) of subsection (2) of section
943	370.1535, Florida Statutes, is amended to read:
944	370.1535 Regulation of shrimp fishing in Tampa Bay;
945	licensing requirements.--
946	(2) The Fish and Wildlife Conservation Commission is
947	authorized to issue a dead shrimp production permit to persons
948	qualified pursuant to the following criteria:
949	(d) No person shall be issued a permit or be allowed to
950	renew a permit if such person is registered for noncommercial
951	trawling pursuant to s. 370.15(4) or if such person holds a live
952	bait shrimping license issued pursuant to s. 370.15(6).
953	Section 13. Section 370.154, Florida Statutes, is amended
954	to read:
955	370.154 Shrimp regulations; closed areas; suspension of
956	license, etc.--Any person convicted of taking shrimp in a closed
957	area who is punishable under s. 370.15(5) or (6)shall, in
958	addition to the penalties set forth therein, have his or her
959	permit and the permit of the boat involved in the violation,
960	issued pursuant to s. 370.15(4), revoked, if the person holds
961	such a permit, and he or she shall be ineligible to make
962	application for such a permit for a period of 2 years from the
963	date of such conviction. If a person not having a permit is
964	convicted hereunder, that person and the boat involved in the
965	violation shall not be eligible for such a permit for 5 years.
966	Section 14. For the purpose of incorporating the amendment
967	made by this act to section 370.021, Florida Statutes, in
968	references therein, the following subdivisions of the Florida
969	Statutes are reenacted to read:
970	370.0603 Marine Resources Conservation Trust Fund;
971	purposes.--
972	(2) The Marine Resources Conservation Trust Fund shall
973	receive the proceeds from:
974	(d) All fines and penalties pursuant to s. 370.021.
975	370.07 Wholesale and retail saltwater products dealers;
976	regulation.--
977	(5) LICENSE DENIAL, SUSPENSION, OR REVOCATION.--
978	(c) In addition to, or in lieu of, the penalty imposed
979	pursuant to this subsection, the commission may impose penalties
980	pursuant to s. 370.021.
981	(6) RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--
982	(b) The commission may revoke, suspend, or deny the
983	renewal of the license of any dealer for failure to make and
984	keep required records, for failure to make required reports, for
985	failure or refusal to permit the examination of required
986	records, or for falsifying any such record. In addition to, or
987	in lieu of, the penalties imposed pursuant to this paragraph and
988	s. 370.021, the commission may impose against any person, firm,
989	or corporation who is determined to have violated any provision
990	of this paragraph or any provisions of any commission rules
991	adopted pursuant to s. 370.0607, the following additional
992	penalties:
993	1. For the first violation, a civil penalty of up to
994	$1,000;
995	2. For a second violation committed within 24 months of
996	any previous violation, a civil penalty of up to $2,500; and
997	3. For a third or subsequent violation committed within 36
998	months of any previous two violations, a civil penalty of up to
999	$5,000.
1000
1001	The proceeds of all civil penalties collected pursuant to this
1002	subsection shall be deposited into the Marine Resources
1003	Conservation Trust Fund and shall be used for administration,
1004	auditing, and law enforcement purposes.
1005	372.5704 Fish and Wildlife Conservation Commission license
1006	program for tarpon; fees; penalties.--
1007	(5) Any individual including a taxidermist who possesses a
1008	tarpon which does not have a tag securely attached as required
1009	by this section shall be subject to penalties as prescribed in
1010	s. 370.021. Provided, however, a taxidermist may remove the tag
1011	during the process of mounting a tarpon. The removed tag shall
1012	remain with the fish during any subsequent storage or shipment.
1013	Section 15. This act shall take effect upon becoming a
1014	law.