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