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