Senate Bill sb0174

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    Florida Senate - 2003                                   SB 174

    By Senator Geller





    31-213-03

  1                      A bill to be entitled

  2         An act relating to the protection of marine

  3         turtles; amending s. 370.021, F.S.; providing a

  4         penalty for taking, harvesting, or possessing

  5         an egg of certain marine turtle species;

  6         providing an additional penalty for each egg

  7         involved in such a violation; amending s.

  8         370.12, F.S.; providing penalties for violating

  9         the Marine Turtle Protection Act; providing

10         that it is a third-degree felony to take, kill,

11         possess, disturb, mutilate, destroy, cause to

12         be destroyed, sell, offer for sale, transfer,

13         molest, or harass a marine turtle or its nest,

14         hatchlings, eggs, or parts thereof; providing

15         that it is a third-degree felony to commit any

16         such act that involves a specified number or

17         more of marine turtle eggs; providing that it

18         is a third-degree felony to solicit or conspire

19         to violate the Marine Turtle Protection Act;

20         amending s. 777.04, F.S., relating to the

21         offense of criminal attempt, criminal

22         solicitation, or criminal conspiracy; providing

23         that a violation of the Marine Turtle

24         Protection Act is exempt from certain

25         sentencing requirements for an offense of

26         solicitation or conspiracy; amending s.

27         921.0022, F.S., relating to the offense

28         severity ranking chart of the Criminal

29         Punishment Code; conforming provisions to

30         changes made by the act.

31  

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

 2  

 3         Section 1.  Paragraph (e) of subsection (2) of section

 4  370.021, Florida Statutes, is amended to read:

 5         370.021  Administration; rules, publications, records;

 6  penalties; injunctions.--

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

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

 9  additional penalties against any person, firm, or corporation

10  convicted of major violations as follows:

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

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

13  endangered, threatened, or of special concern, or involving

14  the taking, harvesting, or possession of any egg of a species

15  described in subparagraphs 4.-8.:

16         1.  Shortnose sturgeon (Acipenser brevirostrum);

17         2.  Atlantic sturgeon (Acipenser oxyrhynchus);

18         3.  Common snook (Centropomus undecimalis);

19         4.  Atlantic loggerhead turtle (Caretta caretta

20  caretta);

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

22         6.  Leatherback turtle (Dermochelys coriacea);

23         7.  Atlantic hawksbill turtle (Eretmochelys imbricata

24  imbracata);

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

26         9.  West Indian manatee (Trichechus manatus

27  latirostris),

28  

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

30  part thereof, or an additional penalty of $100 for each egg of

31  a species described in subparagraphs 4.-8.

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 1  

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

 3  suspend, defer, or withhold adjudication of guilt or

 4  imposition of sentence for any major violation prescribed in

 5  this subsection. The proceeds from the penalties assessed

 6  pursuant to this subsection shall be deposited into the Marine

 7  Resources Conservation Trust Fund to be used for marine

 8  fisheries research or into the commission's Federal Law

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

10  applicable.

11         Section 2.  Paragraphs (b) and (c) of subsection (1) of

12  section 370.12, Florida Statutes, are amended to read:

13         370.12  Marine animals; regulation.--

14         (1)  PROTECTION OF MARINE TURTLES.--

15         (b)  The Legislature intends, pursuant to the

16  provisions of this subsection, to ensure that the Fish and

17  Wildlife Conservation Commission has the appropriate authority

18  and resources to administer implement its responsibilities

19  under the recovery plans of the United States Fish and

20  Wildlife Service for the following species of marine turtle:

21         1.  Atlantic loggerhead turtle (Caretta caretta

22  caretta).

23         2.  Atlantic green turtle (Chelonis mydas mydas).

24         3.  Leatherback turtle (Dermochelys coriacea).

25         4.  Atlantic hawksbill turtle (Eretmochelys imbricata

26  imbricata).

27         5.  Atlantic ridley turtle (Lepidochelys kempi).

28         (c)1.a.  Unless otherwise provided by the federal

29  Endangered Species Act or its implementing regulations, a no

30  person may not take, possess, disturb, mutilate, destroy,

31  cause to be destroyed, sell, offer for sale, transfer, molest,

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 1  or harass any marine turtle or its nest or eggs at any time.

 2  For purposes of this subsection, the word "take" means an act

 3  that which actually kills or injures marine turtles, and

 4  includes significant habitat modification or degradation that

 5  kills or injures marine turtles by significantly impairing

 6  essential behavioral patterns, such as breeding, feeding, or

 7  sheltering.

 8         b.2.  Unless otherwise provided by the federal

 9  Endangered Species Act or its implementing regulations, a no

10  person, firm, or corporation may not take, kill, disturb,

11  mutilate, molest, harass, or destroy any marine turtle.

12         c.3.  A No person, firm, or corporation may not possess

13  any marine turtle, their nests, eggs, hatchlings, or parts

14  thereof unless it is in possession of a special permit or loan

15  agreement from the commission enabling the holder to possess a

16  marine turtle or parts thereof for scientific, educational, or

17  exhibitional purposes, or for conservation activities such as

18  relocating nests, eggs, or animals away from construction

19  sites. Notwithstanding any other provisions of general or

20  special law to the contrary, the commission may issue such

21  authorization to any properly accredited person for the

22  purpose of marine turtle conservation upon such terms,

23  conditions, and restrictions as it may prescribe by rule

24  adopted pursuant to chapter 120. The commission shall have the

25  authority to adopt rules pursuant to chapter 120 to permit the

26  possession of marine turtles pursuant to this paragraph. For

27  the purposes of this subsection, a "properly accredited

28  person" is defined as:

29         (I)a.  Students of colleges or universities whose

30  studies with saltwater animals are under the direction of

31  their teacher or professor;

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 1         (II)b.  Scientific or technical faculty of public or

 2  private colleges or universities;

 3         (III)c.  Scientific or technical employees of private

 4  research institutions and consulting firms;

 5         (IV)d.  Scientific or technical employees of city,

 6  county, state, or federal research or regulatory agencies;

 7         (V)e.  Members in good standing or recognized and

 8  properly chartered conservation organizations, the Audubon

 9  Society, or the Sierra Club;

10         (VI)f.  Persons affiliated with aquarium facilities or

11  museums, or contracted as an agent therefor, which are open to

12  the public with or without an admission fee; or

13         (VII)g.  Persons without specific affiliations listed

14  above, but who are recognized by the commission for their

15  contributions to marine conservation such as scientific or

16  technical publications, or through a history of cooperation

17  with the commission in conservation programs such as turtle

18  nesting surveys, or through advanced educational programs such

19  as high school marine science centers.

20         2.  Any person, firm, or corporation who intentionally

21  commits an act prohibited by subparagraph 1. commits a felony

22  of the third degree, punishable as provided in s. 775.082, s.

23  775.083, or s. 775.084.

24         3.  Any person, firm, or corporation who intentionally

25  commits an act prohibited by subparagraph 1. which involves 12

26  or more eggs of any species specified in paragraph (b) commits

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

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

29         4.  Notwithstanding s. 777.04, any person, firm, or

30  corporation who solicits or conspires with another person,

31  firm, or corporation to commit an act prohibited by

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 1  subparagraph 1. commits a felony of the third degree,

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

 3  775.084.

 4         Section 3.  Paragraphs (a), (d), and (e) of subsection

 5  (4) of section 777.04, Florida Statutes, are amended to read:

 6         777.04  Attempts, solicitation, and conspiracy.--

 7         (4)(a)  Except as otherwise provided in ss. 104.091(2),

 8  370.12(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022,

 9  the offense of criminal attempt, criminal solicitation, or

10  criminal conspiracy is ranked for purposes of sentencing under

11  chapter 921 and determining incentive gain-time eligibility

12  under chapter 944 one level below the ranking under s.

13  921.0022 or s. 921.0023 of the offense attempted, solicited,

14  or conspired to.  If the criminal attempt, criminal

15  solicitation, or criminal conspiracy is of an offense ranked

16  in level 1 or level 2 under s. 921.0022 or s. 921.0023, such

17  offense is a misdemeanor of the first degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         (d)  Except as otherwise provided in s. 104.091(2), s.

20  370.12(1), s. 828.125(2), or s. 849.25(4), if the offense

21  attempted, solicited, or conspired to is a:

22         1.  Felony of the second degree;

23         2.  Burglary that is a felony of the third degree; or

24         3.  Felony of the third degree ranked in level 3, 4, 5,

25  6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

26  

27  the offense of criminal attempt, criminal solicitation, or

28  criminal conspiracy is a felony of the third degree,

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

30  775.084.

31  

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 1         (e)  Except as otherwise provided in s. 104.091(2), s.

 2  370.12(1), s. 849.25(4), or paragraph (d), if the offense

 3  attempted, solicited, or conspired to is a felony of the third

 4  degree, the offense of criminal attempt, criminal

 5  solicitation, or criminal conspiracy is a misdemeanor of the

 6  first degree, punishable as provided in s. 775.082 or s.

 7  775.083.

 8         Section 4.  Paragraphs (b) and (c) of subsection (3) of

 9  section 921.0022, Florida Statutes, are amended to read:

10         921.0022  Criminal Punishment Code; offense severity

11  ranking chart.--

12         (3)  OFFENSE SEVERITY RANKING CHART

13  

14  Florida           Felony

15  Statute           Degree             Description

16  

17                     

18                              (b)  LEVEL 2  

19  370.12(1)(c)2.     3rd      Intentional act in violation of

20                              the Marine Turtle Protection Act.

21  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

22                              lbs. in weight or 100 cubic feet

23                              in volume or any quantity for

24                              commercial purposes, or hazardous

25                              waste.

26  517.07             3rd      Registration of securities and

27                              furnishing of prospectus

28                              required.

29  590.28(1)          3rd      Willful, malicious, or

30                              intentional burning.

31  

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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.

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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.

31  

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 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.

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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)(c)3.     3rd      Intentional act in violation of

 5                              the Marine Turtle Protection Act

 6                              which involves 12 or more eggs of

 7                              specified species.

 8  376.302(5)         3rd      Fraud related to reimbursement

 9                              for cleanup expenses under the

10                              Inland Protection Trust Fund.

11  501.001(2)(b)      2nd      Tampers with a consumer product

12                              or the container using materially

13                              false/misleading information.

14  697.08             3rd      Equity skimming.

15  790.15(3)          3rd      Person directs another to

16                              discharge firearm from a vehicle.

17  796.05(1)          3rd      Live on earnings of a prostitute.

18  806.10(1)          3rd      Maliciously injure, destroy, or

19                              interfere with vehicles or

20                              equipment used in firefighting.

21  806.10(2)          3rd      Interferes with or assaults

22                              firefighter in performance of

23                              duty.

24  810.09(2)(c)       3rd      Trespass on property other than

25                              structure or conveyance armed

26                              with firearm or dangerous weapon.

27  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

28                              less than $10,000.

29  812.0145(2)(c)     3rd      Theft from person 65 years of age

30                              or older; $300 or more but less

31                              than $10,000.

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 1  815.04(4)(b)       2nd      Computer offense devised to

 2                              defraud or obtain property.

 3  817.034(4)(a)3.    3rd      Engages in scheme to defraud

 4                              (Florida Communications Fraud

 5                              Act), property valued at less

 6                              than $20,000.

 7  817.233            3rd      Burning to defraud insurer.

 8  817.234(8)&(9)     3rd      Unlawful solicitation of persons

 9                              involved in motor vehicle

10                              accidents.

11  817.234(11)(a)     3rd      Insurance fraud; property value

12                              less than $20,000.

13  817.505(4)         3rd      Patient brokering.

14  828.12(2)          3rd      Tortures any animal with intent

15                              to inflict intense pain, serious

16                              physical injury, or death.

17  831.28(2)(a)       3rd      Counterfeiting a payment

18                              instrument with intent to defraud

19                              or possessing a counterfeit

20                              payment instrument.

21  831.29             2nd      Possession of instruments for

22                              counterfeiting drivers' licenses

23                              or identification cards.

24  838.021(3)(b)      3rd      Threatens unlawful harm to public

25                              servant.

26  843.19             3rd      Injure, disable, or kill police

27                              dog or horse.

28  870.01(2)          3rd      Riot; inciting or encouraging.

29  

30  

31  

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 1  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs).

 7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver 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 within 200 feet

12                              of university or public park.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

15                              (2)(c)3., (2)(c)5., (2)(c)6.,

16                              (2)(c)7., (2)(c)8., (2)(c)9.,

17                              (3), or (4) drugs within 200 feet

18                              of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)8.     3rd      Withhold information from

23                              practitioner regarding previous

24                              receipt of or prescription for a

25                              controlled substance.

26  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

27                              controlled substance by fraud,

28                              forgery, misrepresentation, etc.

29  893.13(7)(a)10.    3rd      Affix false or forged label to

30                              package of controlled substance.

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 1  893.13(7)(a)11.    3rd      Furnish false or fraudulent

 2                              material information on any

 3                              document or record required by

 4                              chapter 893.

 5  893.13(8)(a)1.     3rd      Knowingly assist a patient, other

 6                              person, or owner of an animal in

 7                              obtaining a controlled substance

 8                              through deceptive, untrue, or

 9                              fraudulent representations in or

10                              related to the practitioner's

11                              practice.

12  893.13(8)(a)2.     3rd      Employ a trick or scheme in the

13                              practitioner's practice to assist

14                              a patient, other person, or owner

15                              of an animal in obtaining a

16                              controlled substance.

17  893.13(8)(a)3.     3rd      Knowingly write a prescription

18                              for a controlled substance for a

19                              fictitious person.

20  893.13(8)(a)4.     3rd      Write a prescription for a

21                              controlled substance for a

22                              patient, other person, or an

23                              animal if the sole purpose of

24                              writing the prescription is a

25                              monetary benefit for the

26                              practitioner.

27  918.13(1)(a)       3rd      Alter, destroy, or conceal

28                              investigation evidence.

29  944.47

30   (1)(a)1.-2.       3rd      Introduce contraband to

31                              correctional facility.

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 1  944.47(1)(c)       2nd      Possess contraband while upon the

 2                              grounds of a correctional

 3                              institution.

 4  985.3141           3rd      Escapes from a juvenile facility

 5                              (secure detention or residential

 6                              commitment facility).

 7         Section 5.  This act shall take effect July 1, 2003.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Requires that an additional penalty of $100 be imposed
      against any person who takes, harvests, or possesses the
12    eggs of certain marine turtle species. Provides for the
      additional penalty to be assessed for each egg involved
13    in the violation. Revises provisions of the Marine Turtle
      Protection Act to provide that it is a third-degree
14    felony to take, kill, possess, disturb, mutilate,
      destroy, cause to be destroyed, sell, offer for sale,
15    transfer, molest, or harass a marine turtle or its nest,
      hatchlings, eggs, or parts thereof or to commit any such
16    act that involves 12 or more marine turtle eggs. Provides
      that it is a third-degree felony to solicit or conspire
17    to violate the Marine Turtle Protection Act. (See bill
      for details.)
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