SENATE AMENDMENT
Bill No. SB 174
Amendment No. 1 Barcode 570148
CHAMBER ACTION
Senate House
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11 The Committee on Natural Resources recommended the following
12 amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Subsection (1) of section 370.12, Florida
19 Statutes, is amended to read:
20 370.12 Marine animals; regulation.--
21 (1) PROTECTION OF MARINE TURTLES.--
22 (a) This subsection may be cited as the "Marine Turtle
23 Protection Act."
24 (b) The Legislature intends, pursuant to the
25 provisions of this subsection, to ensure that the Fish and
26 Wildlife Conservation Commission has the appropriate authority
27 and resources to implement its responsibilities under the
28 recovery plans of the United States Fish and Wildlife Service
29 for the following species of marine turtle:
30 1. Atlantic loggerhead turtle (Caretta caretta
31 caretta).
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1 2. Atlantic green turtle (Chelonia mydas) (Chelonis
2 mydas mydas).
3 3. Leatherback turtle (Dermochelys coriacea).
4 4. Atlantic hawksbill turtle (Eretmochelys imbricata
5 imbricata).
6 5. Atlantic ridley turtle (Lepidochelys kempi).
7 (c) As used in this subsection, the following phrases
8 have the following meanings:
9 1. A "properly accredited person" is:
10 a. Students of colleges or universities whose studies
11 with saltwater animals are under the direction of their
12 teacher or professor; or
13 b. Scientific or technical faculty of public or
14 private colleges or universities; or
15 c. Scientific or technical employees of private
16 research institutions and consulting firms; or
17 d. Scientific or technical employees of city, county,
18 state, or federal research or regulatory agencies; or
19 e. Members in good standing or recognized and properly
20 chartered conservation organizations, the Audubon Society, or
21 the Sierra Club; or
22 f. Persons affiliated with aquarium facilities or
23 museums, or contracted as an agent therefor, which are open to
24 the public with or without an admission fee; or
25 g. Persons without specific affiliations listed above,
26 but who are recognized by the commission for their
27 contributions to marine conservation such as scientific or
28 technical publications, or through a history of cooperation
29 with the commission in conservation programs such as turtle
30 nesting surveys, or through advanced educational programs such
31 as high school marine science centers.
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Amendment No. 1 Barcode 570148
1 2. "Take" means an act that actually kills or injures
2 marine turtles, and includes significant habitat modification
3 or degradation that kills or injures marine turtles by
4 significantly impairing essential behavioral patterns, such as
5 breeding, feeding, or sheltering.
6 (d) Except as authorized in this paragraph, or unless
7 otherwise provided by the Federal Endangered Species Act or
8 its implementing regulations, a person, firm, or corporation
9 may not:
10 1. Possess the eggs of any marine turtle species
11 described in this subsection.
12 2. Take, disturb, mutilate, destroy, cause to be
13 destroyed, transfer, sell, offer to sell, molest, or harass
14 any marine turtles or the eggs or nest of any marine turtles
15 described in this subsection.
16 3. The commission may issue a special permit or loan
17 agreement to any person, firm, or corporation, to enable the
18 holder to possess a marine turtle or parts thereof, including
19 nests, eggs, or hatchlings, for scientific, education, or
20 exhibition purposes, or for conservation activities such as
21 the relocation of nests, eggs, or marine turtles away from
22 construction sites. Notwithstanding other provisions of law,
23 the commission may issue such special permit or loan agreement
24 to any properly accredited person as defined in paragraph (c)
25 for the purposes of marine turtle conservation.
26 4. The commission shall have the authority to adopt
27 rules pursuant to chapter 120 to prescribe terms, conditions,
28 and restrictions for marine turtle conservation, and to permit
29 the possession of marine turtles or parts thereof.
30 (e)1. Any person, firm, or corporation that commits
31 any act prohibited in paragraph (d) involving any egg of any
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1 marine turtle species described in this subsection shall pay a
2 penalty of $100 per egg in addition to other penalties
3 provided in this paragraph.
4 2. Any person, firm, or corporation that illegally
5 possesses 11 or fewer of any eggs of any marine turtle species
6 described in this subsection commits a first degree
7 misdemeanor, punishable as provided in s. 775.082 and s.
8 775.083.
9 3. For a second or subsequent violation of
10 sub-paragraph 2, any person, firm, or corporation that
11 illegally possesses 11 or fewer of any eggs of any marine
12 turtle species described in this subsection commits a third
13 degree felony, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084.
15 4. Any person, firm, or corporation that illegally
16 possesses more than 11 of any eggs of any marine turtle
17 species described in this subsection commits a third degree
18 felony, punishable as provided in s. 775.082, s. 775.083, or
19 s. 775.084.
20 5. Any person, firm, or corporation who illegally
21 takes, disturbs, mutilates, destroys, causes to be destroyed,
22 transfers, sells, offers to sell, molests, or harasses any
23 marine turtle species, or the eggs or nest of any marine
24 turtle species as described in this subsection, commits a
25 third degree felony, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 6. Notwithstanding s. 777.04, any person, firm, or
28 corporation who solicits or conspires with another person,
29 firm, or corporation, to commit an act prohibited by this
30 subsection commits a felony of the third degree, punishable as
31 provided in s. 775.082, s. 775.083, or s. 775.084.
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1 7. The proceeds from the penalties assessed pursuant
2 to this paragraph shall be deposited into the Marine Resources
3 Conservation Trust Fund.
4 (c)1. Unless otherwise provided by the federal
5 Endangered Species Act or its implementing regulations, no
6 person may take, possess, disturb, mutilate, destroy, cause to
7 be destroyed, sell, offer for sale, transfer, molest, or
8 harass any marine turtle or its nest or eggs at any time. For
9 purposes of this subsection, "take" means an act which
10 actually kills or injures marine turtles, and includes
11 significant habitat modification or degradation that kills or
12 injures marine turtles by significantly impairing essential
13 behavioral patterns, such as breeding, feeding, or sheltering.
14 2. Unless otherwise provided by the federal Endangered
15 Species Act or its implementing regulations, no person, firm,
16 or corporation may take, kill, disturb, mutilate, molest,
17 harass, or destroy any marine turtle.
18 3. No person, firm, or corporation may possess any
19 marine turtle, their nests, eggs, hatchlings, or parts thereof
20 unless it is in possession of a special permit or loan
21 agreement from the commission enabling the holder to possess a
22 marine turtle or parts thereof for scientific, educational, or
23 exhibitional purposes, or for conservation activities such as
24 relocating nests, eggs, or animals away from construction
25 sites. Notwithstanding any other provisions of general or
26 special law to the contrary, the commission may issue such
27 authorization to any properly accredited person for the
28 purpose of marine turtle conservation upon such terms,
29 conditions, and restrictions as it may prescribe by rule
30 adopted pursuant to chapter 120. The commission shall have the
31 authority to adopt rules pursuant to chapter 120 to permit the
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1 possession of marine turtles pursuant to this paragraph. For
2 the purposes of this subsection, a "properly accredited
3 person" is defined as:
4 a. Students of colleges or universities whose studies
5 with saltwater animals are under the direction of their
6 teacher or professor;
7 b. Scientific or technical faculty of public or
8 private colleges or universities;
9 c. Scientific or technical employees of private
10 research institutions and consulting firms;
11 d. Scientific or technical employees of city, county,
12 state, or federal research or regulatory agencies;
13 e. Members in good standing or recognized and properly
14 chartered conservation organizations, the Audubon Society, or
15 the Sierra Club;
16 f. Persons affiliated with aquarium facilities or
17 museums, or contracted as an agent therefor, which are open to
18 the public with or without an admission fee; or
19 g. Persons without specific affiliations listed above,
20 but who are recognized by the commission for their
21 contributions to marine conservation such as scientific or
22 technical publications, or through a history of cooperation
23 with the commission in conservation programs such as turtle
24 nesting surveys, or through advanced educational programs such
25 as high school marine science centers.
26 (f)(d) Any application for a Department of
27 Environmental Protection permit or other type of approval for
28 an activity that affects marine turtles or their nests or
29 habitat shall be subject to conditions and requirements for
30 marine turtle protection as part of the permitting or approval
31 process.
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1 (g)(e) The Department of Environmental Protection may
2 condition the nature, timing, and sequence of construction of
3 permitted activities to provide protection to nesting marine
4 turtles and hatchlings and their habitat pursuant to the
5 provisions of s. 161.053(5). When the department is
6 considering a permit for a beach restoration, beach
7 renourishment, or inlet sand transfer project and the
8 applicant has had an active marine turtle nest relocation
9 program or the applicant has agreed to and has the ability to
10 administer a program, the department must not restrict the
11 timing of the project. Where appropriate, the department, in
12 accordance with the applicable rules of the Fish and Wildlife
13 Conservation Commission, shall require as a condition of the
14 permit that the applicant relocate and monitor all turtle
15 nests that would be affected by the beach restoration, beach
16 renourishment, or sand transfer activities. Such relocation
17 and monitoring activities shall be conducted in a manner that
18 ensures successful hatching. This limitation on the
19 department's authority applies only on the Atlantic coast of
20 Florida.
21 (h)(f) The department shall recommend denial of a
22 permit application if the activity would result in a "take" as
23 defined in this subsection, unless, as provided for in the
24 federal Endangered Species Act and its implementing
25 regulations, such taking is incidental to, and not the purpose
26 of, the carrying out of an otherwise lawful activity.
27 (i)(g) The department shall give special consideration
28 to beach preservation and beach nourishment projects that
29 restore habitat of endangered marine turtle species. Nest
30 relocation shall be considered for all such projects in
31 urbanized areas. When an applicant for a beach restoration,
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1 beach renourishment, or inlet sand transfer project has had an
2 active marine turtle nest relocation program or the applicant
3 has agreed to have and has the ability to administer a
4 program, the department in issuing a permit for a project must
5 not restrict the timing of the project. Where appropriate,
6 the department, in accordance with the applicable rules of the
7 Fish and Wildlife Conservation Commission, shall require as a
8 condition of the permit that the applicant relocate and
9 monitor all turtle nests that would be affected by the beach
10 restoration, beach renourishment, or sand transfer activities.
11 Such relocation and monitoring activities shall be conducted
12 in a manner that ensures successful hatching. This limitation
13 on the department's authority applies only on the Atlantic
14 coast of Florida.
15 (j)(h) The Fish and Wildlife Conservation Commission
16 shall provide grants to coastal local governments, educational
17 institutions, and Florida-based nonprofit organizations to
18 conduct marine turtle research, conservation, and education
19 activities within the state. The commission shall adopt by
20 rule pursuant to chapter 120 procedures for submitting grant
21 applications and criteria for allocating available funds. The
22 criteria must include the scope of the proposed activity, the
23 relevance of the proposed activity to the recovery plans for
24 marine turtles, the demand and public support for the proposed
25 activity, the duration of the proposed activity, the
26 availability of alternative funding, and the estimated cost of
27 the activity. The executive director of the commission shall
28 appoint a committee of at least five members, including at
29 least two nongovernmental representatives, to consider and
30 choose grant recipients from proposals submitted by eligible
31 entities. Committee members shall not receive any compensation
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1 from the commission.
2 Section 2. Paragraphs (a), (d), and (e) of subsection
3 (4) of section 777.04, Florida Statutes, are amended to read:
4 777.04 Attempts, solicitation, and conspiracy.--
5 (4)(a) Except as otherwise provided in ss. 104.091(2),
6 370.12(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,
7 the offense of criminal attempt, criminal solicitation, or
8 criminal conspiracy is ranked for purposes of sentencing under
9 chapter 921 and determining incentive gain-time eligibility
10 under chapter 944 one level below the ranking under s.
11 921.0022 or s. 921.0023 of the offense attempted, solicited,
12 or conspired to. If the criminal attempt, criminal
13 solicitation, or criminal conspiracy is of an offense ranked
14 in level 1 or level 2 under s. 921.0022 or s. 921.0023, such
15 offense is a misdemeanor of the first degree, punishable as
16 provided in s. 775.082 or s. 775.083.
17 (d) Except as otherwise provided in s. 104.091(2), s.
18 370.12(1), s. 828.125(2), or s. 849.25(4), if the offense
19 attempted, solicited, or conspired to is a:
20 1. Felony of the second degree;
21 2. Burglary that is a felony of the third degree; or
22 3. Felony of the third degree ranked in level 3, 4, 5,
23 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
24
25 the offense of criminal attempt, criminal solicitation, or
26 criminal conspiracy is a felony of the third degree,
27 punishable as provided in s. 775.082, s. 775.083, or s.
28 775.084.
29 (e) Except as otherwise provided in s. 104.091(2), s.
30 370.12(1), s. 849.25(4), or paragraph (d), if the offense
31 attempted, solicited, or conspired to is a felony of the third
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1 degree, the offense of criminal attempt, criminal
2 solicitation, or criminal conspiracy is a misdemeanor of the
3 first degree, punishable as provided in s. 775.082 or s.
4 775.083.
5 Section 3. Paragraphs (b) and (c) of subsection (3) of
6 section 921.0022, Florida Statutes, are amended to read:
7 921.0022 Criminal Punishment Code; offense severity
8 ranking chart.--
9 (3) OFFENSE SEVERITY RANKING CHART
10
11 Florida Felony
12 Statute Degree Description
13
14
15 (b) LEVEL 2
16 370.12(1)(e)3. 3rd Possession of 11 or fewer marine
17 turtle eggs in violation of the
18 Marine Turtle Protection Act.
19 370.12(1)(e)4. 3rd Possession of more than 11 marine
20 turtle eggs in violation of the
21 Marine Turtle Protection Act.
22 403.413(5)(c) 3rd Dumps waste litter exceeding 500
23 lbs. in weight or 100 cubic feet
24 in volume or any quantity for
25 commercial purposes, or hazardous
26 waste.
27 517.07 3rd Registration of securities and
28 furnishing of prospectus
29 required.
30 590.28(1) 3rd Willful, malicious, or
31 intentional burning.
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1 784.05(3) 3rd Storing or leaving a loaded
2 firearm within reach of minor who
3 uses it to inflict injury or
4 death.
5 787.04(1) 3rd In violation of court order,
6 take, entice, etc., minor beyond
7 state limits.
8 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
9 or more to public communication
10 or any other public service.
11 810.09(2)(e) 3rd Trespassing on posted commercial
12 horticulture property.
13 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
14 more but less than $5,000.
15 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
16 more but less than $300, taken
17 from unenclosed curtilage of
18 dwelling.
19 812.015(7) 3rd Possession, use, or attempted use
20 of an antishoplifting or
21 inventory control device
22 countermeasure.
23 817.234(1)(a)2. 3rd False statement in support of
24 insurance claim.
25 817.481(3)(a) 3rd Obtain credit or purchase with
26 false, expired, counterfeit,
27 etc., credit card, value over
28 $300.
29 817.52(3) 3rd Failure to redeliver hired
30 vehicle.
31
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1 817.54 3rd With intent to defraud, obtain
2 mortgage note, etc., by false
3 representation.
4 817.60(5) 3rd Dealing in credit cards of
5 another.
6 817.60(6)(a) 3rd Forgery; purchase goods, services
7 with false card.
8 817.61 3rd Fraudulent use of credit cards
9 over $100 or more within 6
10 months.
11 826.04 3rd Knowingly marries or has sexual
12 intercourse with person to whom
13 related.
14 831.01 3rd Forgery.
15 831.02 3rd Uttering forged instrument;
16 utters or publishes alteration
17 with intent to defraud.
18 831.07 3rd Forging bank bills, checks,
19 drafts, or promissory notes.
20 831.08 3rd Possessing 10 or more forged
21 notes, bills, checks, or drafts.
22 831.09 3rd Uttering forged notes, bills,
23 checks, drafts, or promissory
24 notes.
25 831.11 3rd Bringing into the state forged
26 bank bills, checks, drafts, or
27 notes.
28 832.05(3)(a) 3rd Cashing or depositing item with
29 intent to defraud.
30 843.08 3rd Falsely impersonating an officer.
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Amendment No. 1 Barcode 570148
1 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
2 (2)(c)1., (2)(c)2., (2)(c)3.,
3 (2)(c)5., (2)(c)6., (2)(c)7.,
4 (2)(c)8., (2)(c)9., (3), or (4)
5 drugs other than cannabis.
6 893.147(2) 3rd Manufacture or delivery of drug
7 paraphernalia.
8 (c) LEVEL 3
9 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
10 316.1935(2) 3rd Fleeing or attempting to elude
11 law enforcement officer in marked
12 patrol vehicle with siren and
13 lights activated.
14 319.30(4) 3rd Possession by junkyard of motor
15 vehicle with identification
16 number plate removed.
17 319.33(1)(a) 3rd Alter or forge any certificate of
18 title to a motor vehicle or
19 mobile home.
20 319.33(1)(c) 3rd Procure or pass title on stolen
21 vehicle.
22 319.33(4) 3rd With intent to defraud, possess,
23 sell, etc., a blank, forged, or
24 unlawfully obtained title or
25 registration.
26 327.35(2)(b) 3rd Felony BUI.
27 328.05(2) 3rd Possess, sell, or counterfeit
28 fictitious, stolen, or fraudulent
29 titles or bills of sale of
30 vessels.
31
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1 328.07(4) 3rd Manufacture, exchange, or possess
2 vessel with counterfeit or wrong
3 ID number.
4 370.12(1)(e)5. 3rd Taking, disturbing, mutilating,
5 destroying, causing to be
6 destroyed, transferring, selling,
7 offering to sell, molesting, or
8 harassing marine turtles, marine
9 turtle eggs, or marine turtle
10 nests in violation of the Marine
11 Turtle Protection Act.
12 370.12(1)(e)6. 3rd Soliciting to commit or
13 conspiring to commit a violation
14 of the Marine Turtle Protection
15 Act.
16 376.302(5) 3rd Fraud related to reimbursement
17 for cleanup expenses under the
18 Inland Protection Trust Fund.
19 501.001(2)(b) 2nd Tampers with a consumer product
20 or the container using materially
21 false/misleading information.
22 697.08 3rd Equity skimming.
23 790.15(3) 3rd Person directs another to
24 discharge firearm from a vehicle.
25 796.05(1) 3rd Live on earnings of a prostitute.
26 806.10(1) 3rd Maliciously injure, destroy, or
27 interfere with vehicles or
28 equipment used in firefighting.
29 806.10(2) 3rd Interferes with or assaults
30 firefighter in performance of
31 duty.
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1 810.09(2)(c) 3rd Trespass on property other than
2 structure or conveyance armed
3 with firearm or dangerous weapon.
4 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
5 less than $10,000.
6 812.0145(2)(c) 3rd Theft from person 65 years of age
7 or older; $300 or more but less
8 than $10,000.
9 815.04(4)(b) 2nd Computer offense devised to
10 defraud or obtain property.
11 817.034(4)(a)3. 3rd Engages in scheme to defraud
12 (Florida Communications Fraud
13 Act), property valued at less
14 than $20,000.
15 817.233 3rd Burning to defraud insurer.
16 817.234(8)&(9) 3rd Unlawful solicitation of persons
17 involved in motor vehicle
18 accidents.
19 817.234(11)(a) 3rd Insurance fraud; property value
20 less than $20,000.
21 817.505(4) 3rd Patient brokering.
22 828.12(2) 3rd Tortures any animal with intent
23 to inflict intense pain, serious
24 physical injury, or death.
25 831.28(2)(a) 3rd Counterfeiting a payment
26 instrument with intent to defraud
27 or possessing a counterfeit
28 payment instrument.
29 831.29 2nd Possession of instruments for
30 counterfeiting drivers' licenses
31 or identification cards.
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1 838.021(3)(b) 3rd Threatens unlawful harm to public
2 servant.
3 843.19 3rd Injure, disable, or kill police
4 dog or horse.
5 870.01(2) 3rd Riot; inciting or encouraging.
6 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
7 cannabis (or other s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs).
12 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
13 893.03(1)(c), (2)(c)1., (2)(c)2.,
14 (2)(c)3., (2)(c)5., (2)(c)6.,
15 (2)(c)7., (2)(c)8., (2)(c)9.,
16 (3), or (4) drugs within 200 feet
17 of university or public park.
18 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
19 893.03(1)(c), (2)(c)1., (2)(c)2.,
20 (2)(c)3., (2)(c)5., (2)(c)6.,
21 (2)(c)7., (2)(c)8., (2)(c)9.,
22 (3), or (4) drugs within 200 feet
23 of public housing facility.
24 893.13(6)(a) 3rd Possession of any controlled
25 substance other than felony
26 possession of cannabis.
27 893.13(7)(a)8. 3rd Withhold information from
28 practitioner regarding previous
29 receipt of or prescription for a
30 controlled substance.
31
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1 893.13(7)(a)9. 3rd Obtain or attempt to obtain
2 controlled substance by fraud,
3 forgery, misrepresentation, etc.
4 893.13(7)(a)10. 3rd Affix false or forged label to
5 package of controlled substance.
6 893.13(7)(a)11. 3rd Furnish false or fraudulent
7 material information on any
8 document or record required by
9 chapter 893.
10 893.13(8)(a)1. 3rd Knowingly assist a patient, other
11 person, or owner of an animal in
12 obtaining a controlled substance
13 through deceptive, untrue, or
14 fraudulent representations in or
15 related to the practitioner's
16 practice.
17 893.13(8)(a)2. 3rd Employ a trick or scheme in the
18 practitioner's practice to assist
19 a patient, other person, or owner
20 of an animal in obtaining a
21 controlled substance.
22 893.13(8)(a)3. 3rd Knowingly write a prescription
23 for a controlled substance for a
24 fictitious person.
25 893.13(8)(a)4. 3rd Write a prescription for a
26 controlled substance for a
27 patient, other person, or an
28 animal if the sole purpose of
29 writing the prescription is a
30 monetary benefit for the
31 practitioner.
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1 918.13(1)(a) 3rd Alter, destroy, or conceal
2 investigation evidence.
3 944.47
4 (1)(a)1.-2. 3rd Introduce contraband to
5 correctional facility.
6 944.47(1)(c) 2nd Possess contraband while upon the
7 grounds of a correctional
8 institution.
9 985.3141 3rd Escapes from a juvenile facility
10 (secure detention or residential
11 commitment facility).
12 Section 4. This act shall take effect July 1, 2003.
13
14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 On page 1, lines 2 - 30, delete those lines
18
19 and insert:
20 An act relating to the protection of marine
21 turtles; amending s. 370.12, F.S.; providing
22 penalties for violating the Marine Turtle
23 Protection Act; providing first-degree
24 misdemeanor and third-degree felony penalties
25 for possessing a specified number or more of
26 marine turtle eggs; providing an additional
27 penalty for each egg involved in such a
28 violation; providing that it is a third-degree
29 felony to take, disturb, mutilate, destroy,
30 cause to be destroyed, transfer, sell, offer to
31 sell, molest, or harass a marine turtle or its
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1 nest, hatchings, eggs, or parts thereof;
2 providing that it is a third-degree felony to
3 solicit or conspire to violate the Marine
4 Turtle Protection Act; amending s. 777.04,
5 F.S.; relating to the offense of criminal
6 attempt, criminal solicitation, or criminal
7 conspiracy; providing that a violation of the
8 Marine Turtle Protection Act is exempt from
9 certain sentencing requirements for an offense
10 of solicitation or conspiracy; amending s.
11 921.0022, F.S.; relating to the offense
12 severity ranking chart of the Criminal
13 Punishment Code; conforming provisions of the
14 Act to the Code; providing an effective date.
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11:17 AM 03/25/03 s0174.nr.01