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.
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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),
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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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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,
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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.
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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
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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.
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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.
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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.
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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
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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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