HB 0399 2003
1	A bill to be entitled
2	An act relating to the protection of marine turtles;
3	amending s. 370.021, F.S.; providing a penalty for taking,
4	harvesting, or possessing an egg of certain marine turtle
5	species; providing an additional penalty for each egg
6	involved in such a violation; amending s. 370.12, F.S.;
7	providing penalties for violating the Marine Turtle
8	Protection Act; providing that it is a third degree felony
9	to take, kill, possess, disturb, mutilate, destroy, cause
10	to be destroyed, sell, offer for sale, transfer, molest,
11	or harass a marine turtle or its nest, hatchlings, eggs,
12	or parts thereof; providing that it is a third degree
13	felony to commit any such act that involves a specified
14	number or more of marine turtle eggs; providing that it is
15	a third degree felony to solicit or conspire to violate
16	the Marine Turtle Protection Act; amending s. 777.04,
17	F.S., relating to the offense of criminal attempt,
18	criminal solicitation, or criminal conspiracy; providing
19	that a violation of the Marine Turtle Protection Act is
20	exempt from certain sentencing requirements for an offense
21	of solicitation or conspiracy; amending s. 921.0022, F.S.,
22	relating to the offense severity ranking chart of the
23	Criminal Punishment Code; conforming provisions to changes
24	made by the act; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Paragraph (e) of subsection (2) of section
29	370.021, Florida Statutes, is amended to read:
30	370.021 Administration; rules, publications, records;
31	penalties; injunctions.--
32	(2) MAJOR VIOLATIONS.--In addition to the penalties
33	provided in paragraphs (1)(a) and (b), the court shall assess
34	additional penalties against any person, firm, or corporation
35	convicted of major violations as follows:
36	(e) For a violation involving the taking, harvesting, or
37	possession of any of the following species, which are
38	endangered, threatened, or of special concern, or involving the
39	taking, harvesting, or possession of any egg of a species
40	described in subparagraphs 4.-8.:
41	1. Shortnose sturgeon (Acipenser brevirostrum);
42	2. Atlantic sturgeon (Acipenser oxyrhynchus);
43	3. Common snook (Centropomus undecimalis);
44	4. Atlantic loggerhead turtle (Caretta caretta caretta);
45	5. Atlantic green turtle (Chelonia mydas mydas);
46	6. Leatherback turtle (Dermochelys coriacea);
47	7. Atlantic hawksbill turtle (Eretmochelys imbricata
48	imbracata);
49	8. Atlantic ridley turtle (Lepidochelys kempi); or
50	9. West Indian manatee (Trichechus manatus latirostris),
51
52	an additional penalty of $100 for each unit of marine life or
53	part thereof, or an additional penalty of $100 for each egg of a
54	species described in subparagraphs 4.-8.
55
56	Notwithstanding the provisions of s. 948.01, no court may
57	suspend, defer, or withhold adjudication of guilt or imposition
58	of sentence for any major violation prescribed in this
59	subsection. The proceeds from the penalties assessed pursuant to
60	this subsection shall be deposited into the Marine Resources
61	Conservation Trust Fund to be used for marine fisheries research
62	or into the commission's Federal Law Enforcement Trust Fund as
63	provided in s. 372.107, as applicable.
64	Section 2. Paragraphs (b) and (c) of subsection (1) of
65	section 370.12, Florida Statutes, are amended to read:
66	370.12 Marine animals; regulation.--
67	(1) PROTECTION OF MARINE TURTLES.--
68	(b) The Legislature intends, pursuant to the provisions of
69	this subsection, to ensure that the Fish and Wildlife
70	Conservation Commission has the appropriate authority and
71	resources to administerimplementits responsibilities under the
72	recovery plans of the United States Fish and Wildlife Service
73	for the following species of marine turtle:
74	1. Atlantic loggerhead turtle (Caretta caretta caretta).
75	2. Atlantic green turtle (Chelonis mydas mydas).
76	3. Leatherback turtle (Dermochelys coriacea).
77	4. Atlantic hawksbill turtle (Eretmochelys imbricata
78	imbricata).
79	5. Atlantic ridley turtle (Lepidochelys kempi).
80	(c)1.a.Unless otherwise provided by the federal
81	Endangered Species Act or its implementing regulations, ano
82	person may nottake, possess, disturb, mutilate, destroy, cause
83	to be destroyed, sell, offer for sale, transfer, molest, or
84	harass any marine turtle or its nest or eggs at any time. For
85	purposes of this subsection, the word "take" means an act that
86	whichactually kills or injures marine turtles, and includes
87	significant habitat modification or degradation that kills or
88	injures marine turtles by significantly impairing essential
89	behavioral patterns, such as breeding, feeding, or sheltering.
90	b.2.Unless otherwise provided by the federal Endangered
91	Species Act or its implementing regulations, anoperson, firm,
92	or corporation may nottake, kill, disturb, mutilate, molest,
93	harass, or destroy any marine turtle.
94	c.3.ANo person, firm, or corporation may notpossess any
95	marine turtle, their nests, eggs, hatchlings, or parts thereof
96	unless it is in possession of a special permit or loan agreement
97	from the commission enabling the holder to possess a marine
98	turtle or parts thereof for scientific, educational, or
99	exhibitional purposes, or for conservation activities such as
100	relocating nests, eggs, or animals away from construction sites.
101	Notwithstanding any other provisions of general or special law
102	to the contrary, the commission may issue such authorization to
103	any properly accredited person for the purpose of marine turtle
104	conservation upon such terms, conditions, and restrictions as it
105	may prescribe by rule adopted pursuant to chapter 120. The
106	commission shall have the authority to adopt rules pursuant to
107	chapter 120 to permit the possession of marine turtles pursuant
108	to this paragraph. For the purposes of this subsection, a
109	"properly accredited person" is defined as:
110	(I)a.Students of colleges or universities whose studies
111	with saltwater animals are under the direction of their teacher
112	or professor;
113	(II)b.Scientific or technical faculty of public or
114	private colleges or universities;
115	(III)c.Scientific or technical employees of private
116	research institutions and consulting firms;
117	(IV)d.Scientific or technical employees of city, county,
118	state, or federal research or regulatory agencies;
119	(V)e.Members in good standing or recognized and properly
120	chartered conservation organizations, the Audubon Society, or
121	the Sierra Club;
122	(VI)f.Persons affiliated with aquarium facilities or
123	museums, or contracted as an agent therefor, which are open to
124	the public with or without an admission fee; or
125	(VII)g.Persons without specific affiliations listed
126	above, but who are recognized by the commission for their
127	contributions to marine conservation such as scientific or
128	technical publications, or through a history of cooperation with
129	the commission in conservation programs such as turtle nesting
130	surveys, or through advanced educational programs such as high
131	school marine science centers.
132	2. Any person, firm, or corporation who intentionally
133	commits an act prohibited by subparagraph 1. commits a felony of
134	the third degree, punishable as provided in s. 775.082, s.
135	775.083, or s. 775.084.
136	3. Any person, firm, or corporation who intentionally
137	commits an act prohibited by subparagraph 1. which involves 12
138	or more eggs of any species specified in paragraph (b) commits a
139	felony of the third degree, punishable as provided in s.
140	775.082, s. 775.083, or s. 775.084.
141	4. Notwithstanding s. 777.04, any person, firm, or
142	corporation who solicits or conspires with another person, firm,
143	or corporation to commit an act prohibited by subparagraph 1.
144	commits a felony of the third degree, punishable as provided in
145	s. 775.082, s. 775.083, or s. 775.084.
146	Section 3. Paragraphs (a), (d), and (e) of subsection (4)
147	of section 777.04, Florida Statutes, are amended to read:
148	777.04 Attempts, solicitation, and conspiracy.--
149	(4)(a) Except as otherwise provided in ss. 104.091(2),
150	370.12(1),828.125(2), 849.25(4), 893.135(5), and 921.0022, the
151	offense of criminal attempt, criminal solicitation, or criminal
152	conspiracy is ranked for purposes of sentencing under chapter
153	921 and determining incentive gain-time eligibility under
154	chapter 944 one level below the ranking under s. 921.0022 or s.
155	921.0023 of the offense attempted, solicited, or conspired to.
156	If the criminal attempt, criminal solicitation, or criminal
157	conspiracy is of an offense ranked in level 1 or level 2 under
158	s. 921.0022 or s. 921.0023, such offense is a misdemeanor of the
159	first degree, punishable as provided in s. 775.082 or s.
160	775.083.
161	(d) Except as otherwise provided in s. 104.091(2), s.
162	370.12(1),s. 828.125(2), or s. 849.25(4), if the offense
163	attempted, solicited, or conspired to is a:
164	1. Felony of the second degree;
165	2. Burglary that is a felony of the third degree; or
166	3. Felony of the third degree ranked in level 3, 4, 5, 6,
167	7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
168
169	the offense of criminal attempt, criminal solicitation, or
170	criminal conspiracy is a felony of the third degree, punishable
171	as provided in s. 775.082, s. 775.083, or s. 775.084.
172	(e) Except as otherwise provided in s. 104.091(2), s.
173	370.12(1),s. 849.25(4), or paragraph (d), if the offense
174	attempted, solicited, or conspired to is a felony of the third
175	degree, the offense of criminal attempt, criminal solicitation,
176	or criminal conspiracy is a misdemeanor of the first degree,
177	punishable as provided in s. 775.082 or s. 775.083.
178	Section 4. Paragraphs (b) and (c) of subsection (3) of
179	section 921.0022, Florida Statutes, are amended to read:
180	921.0022 Criminal Punishment Code; offense severity
181	ranking chart.--
182	(3) OFFENSE SEVERITY RANKING CHART
183
184	Florida Felony
185	Statute Degree Description
186
187	(b) LEVEL 2
188	370.12(1)(c)2. 3rd Intentional act in violation of the Marine Turtle Protection Act.
189	403.413(5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
190	517.07 3rd Registration of securities and furnishing of prospectus required.
191	590.28(1) 3rd Willful, malicious, or intentional burning.
192	784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
193	787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
194	806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
195	810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
196	812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000.
197	812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
198	812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
199	817.234(1)(a)2. 3rd False statement in support of insurance claim.
200	817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
201	817.52(3) 3rd Failure to redeliver hired vehicle.
202	817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
203	817.60(5) 3rd Dealing in credit cards of another.
204	817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
205	817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
206	826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
207	831.01 3rd Forgery.
208	831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
209	831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
210	831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
211	831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
212	831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
213	832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
214	843.08 3rd Falsely impersonating an officer.
215	893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1.,(2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or(4) drugs other than cannabis.
216	893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
217	(c) LEVEL 3
218	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
219	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
220	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
221	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
222	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
223	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
224	327.35(2)(b) 3rd Felony BUI.
225	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
226	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
227	370.12(1)(c)3. 3rd Intentional act in violation of the Marine Turtle Protection Act which involves 12 or more eggs of specified species.
228	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
229	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
230	697.08 3rd Equity skimming.
231	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
232	796.05(1) 3rd Live on earnings of a prostitute.
233	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
234	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
235	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
236	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
237	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
238	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
239	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
240	817.233 3rd Burning to defraud insurer.
241	817.234(8)&(9) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
242	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
243	817.505(4) 3rd Patient brokering.
244	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
245	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
246	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
247	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
248	843.19 3rd Injure, disable, or kill police dog or horse.
249	870.01(2) 3rd Riot; inciting or encouraging.
250	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7.,(2)(c)8., (2)(c)9., (3), or (4) drugs).
251	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,(2)(c)9., (3), or (4) drugs within 200 feet of university or public park.
252	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c),(2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,(2)(c)9., (3), or (4) drugs within 200 feet of public housing facility.
253	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
254	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
255	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
256	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
257	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
258	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
259	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
260	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
261	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
262	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
263	944.47 (1)(a)1.-2. 3rd Introduce contraband to correctional facility.
264	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
265	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
266	Section 5. This act shall take effect July 1, 2003.