| 1 | A bill to be entitled |
| 2 | An act relating to use of illegal nets; amending s. |
| 3 | 370.021, F.S.; revising civil and criminal penalties for |
| 4 | use of certain illegal fishing nets; providing civil and |
| 5 | criminal penalties for flagrant violations; providing a |
| 6 | definition; reenacting ss. 370.092(3) and (4) and 370.093, |
| 7 | F.S., relating to illegal use of nets, to incorporate the |
| 8 | amendment to s. 370.021, F.S., in references thereto; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Paragraph (b) of subsection (3) of section |
| 14 | 370.021, Florida Statutes, is amended to read: |
| 15 | 370.021 Administration; rules, publications, records; |
| 16 | penalties; injunctions.-- |
| 17 | (3) PENALTIES FOR USE OF ILLEGAL NETS.-- |
| 18 | (b)1. Any violation of any rule or statute which |
| 19 | implements s. 16(b), Art. X of the State Constitution shall be |
| 20 | punishable as follows: |
| 21 | a. A first violation is a misdemeanor of the second |
| 22 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 23 | b. A second violation is a misdemeanor of the first |
| 24 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 25 | c. A third or subsequent violation is a felony of the |
| 26 | third degree, punishable as provided in s. 775.082 or s. |
| 27 | 775.083. |
| 28 | 2. Notwithstanding subparagraph 1., a flagrant violation |
| 29 | of any rule or statute which implements s. 16(b), Art. X of the |
| 30 | State Constitution shall be considered a felony of the third |
| 31 | degree, punishable as provided in s. 775.082 or s. 775.083. For |
| 32 | purposes of this paragraph, a flagrant violation shall be the |
| 33 | illegal possession or use of a monofilament net or a net with a |
| 34 | mesh area larger than 2000 square feet. A violation means any |
| 35 | judicial disposition other than acquittal or dismissal. |
| 36 | 3.(b) In addition to being subject to the other penalties |
| 37 | provided in this chapter, any violation of s. 16(b), Art. X of |
| 38 | the State Constitution, or any statute or rule rules of the |
| 39 | commission which implements implement the gear prohibitions and |
| 40 | restrictions specified therein shall be considered a major |
| 41 | violation; and any person, firm, or corporation receiving any |
| 42 | judicial disposition other than acquittal or dismissal of such |
| 43 | violation shall be subject to the following additional |
| 44 | penalties: |
| 45 | a.1. For a first major violation within a 7-year period, a |
| 46 | civil penalty of $2,500 and suspension of all saltwater products |
| 47 | license privileges for 90 calendar days following final |
| 48 | disposition shall be imposed. |
| 49 | b.2. For a second major violation under this subparagraph |
| 50 | paragraph charged within 7 years of a previous judicial |
| 51 | disposition, which results in a second judicial disposition |
| 52 | other than acquittal or dismissal, a civil penalty of $5,000 and |
| 53 | suspension of all saltwater products license privileges for 12 |
| 54 | months shall be imposed. |
| 55 | c.3. For a third or subsequent major violation under this |
| 56 | subparagraph paragraph, charged within a 7-year period, |
| 57 | resulting in a third or subsequent judicial disposition other |
| 58 | than acquittal or dismissal, a civil penalty of $5,000, lifetime |
| 59 | revocation of the saltwater products license, and forfeiture of |
| 60 | all gear and equipment used in the violation shall be imposed. |
| 61 | d. For a first flagrant violation under this subparagraph, |
| 62 | a civil penalty of $5,000 and a suspension of all saltwater |
| 63 | license privileges for 12 months shall be imposed. For a second |
| 64 | flagrant violation under this subparagraph, a civil penalty of |
| 65 | $5,000, a lifetime revocation of the saltwater products license, |
| 66 | and the forfeiture of all gear and equipment used in the |
| 67 | violation shall be imposed. |
| 68 |
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| 69 | A court may suspend, defer, or withhold adjudication of guilt or |
| 70 | imposition of sentence only for any first violation of s. 16, |
| 71 | Art. X of the State Constitution, or any rule or statute |
| 72 | implementing its restrictions, determined by a court only after |
| 73 | consideration of competent evidence of mitigating circumstances |
| 74 | to be a nonflagrant or minor violation of those restrictions |
| 75 | upon the use of nets. Any violation of s. 16, Art. X of the |
| 76 | State Constitution, or any rule or statute implementing its |
| 77 | restrictions, occurring within a 7-year period commencing upon |
| 78 | the conclusion of any judicial proceeding resulting in any |
| 79 | outcome other than acquittal shall be punished as a second, |
| 80 | third, or subsequent violation accordingly. |
| 81 | Section 2. For the purpose of incorporating the amendment |
| 82 | to section 370.021, Florida Statutes, in references thereto, |
| 83 | subsections (3) and (4) of section 370.092, Florida Statutes, |
| 84 | are reenacted to read: |
| 85 | 370.092 Carriage of proscribed nets across Florida |
| 86 | waters.-- |
| 87 | (3) Notwithstanding subsections (1) and (2), unless |
| 88 | authorized by rule of the Fish and Wildlife Conservation |
| 89 | Commission, it is a major violation under this section, |
| 90 | punishable as provided in s. 370.021(3), for any person, firm, |
| 91 | or corporation to possess any gill or entangling net, or any |
| 92 | seine net larger than 500 square feet in mesh area, on any |
| 93 | airboat or on any other vessel less than 22 feet in length and |
| 94 | on any vessel less than 25 feet if primary power of the vessel |
| 95 | is mounted forward of the vessel center point. Gill or |
| 96 | entangling nets shall be as defined in s. 16, Art. X of the |
| 97 | State Constitution, s. 370.093(2)(b), or in a rule of the Fish |
| 98 | and Wildlife Conservation Commission implementing s. 16, Art. X |
| 99 | of the State Constitution. Vessel length shall be determined in |
| 100 | accordance with current United States Coast Guard regulations |
| 101 | specified in the Code of Federal Regulations or as titled by the |
| 102 | State of Florida. The Marine Fisheries Commission is directed to |
| 103 | initiate by July 1, 1998, rulemaking to adjust by rule the use |
| 104 | of gear on vessels longer than 22 feet where the primary power |
| 105 | of the vessel is mounted forward of the vessel center point in |
| 106 | order to prevent the illegal use of gill and entangling nets in |
| 107 | state waters and to provide reasonable opportunities for the use |
| 108 | of legal net gear in adjacent federal waters. |
| 109 | (4) The Fish and Wildlife Conservation Commission shall |
| 110 | adopt rules to prohibit the possession and sale of mullet taken |
| 111 | in illegal gill or entangling nets. Violations of such rules |
| 112 | shall be punishable as provided in s. 370.021(3). |
| 113 | Section 3. For the purpose of incorporating the amendment |
| 114 | to section 370.021, Florida Statutes, in a reference thereto, |
| 115 | section 370.093, Florida Statutes, is reenacted to read: |
| 116 | 370.093 Illegal use of nets.-- |
| 117 | (1) It is unlawful to take or harvest, or to attempt to |
| 118 | take or harvest, any marine life in Florida waters with any net |
| 119 | that is not consistent with the provisions of s. 16, Art. X of |
| 120 | the State Constitution. |
| 121 | (2)(a) Beginning July 1, 1998, it is also unlawful to take |
| 122 | or harvest, or to attempt to take or harvest, any marine life in |
| 123 | Florida waters with any net, as defined in subsection (3) and |
| 124 | any attachments to such net, that combined are larger than 500 |
| 125 | square feet and have not been expressly authorized for such use |
| 126 | by rule of the Fish and Wildlife Conservation Commission. The |
| 127 | use of currently legal shrimp trawls and purse seines outside |
| 128 | nearshore and inshore Florida waters shall continue to be legal |
| 129 | until the commission implements rules regulating those types of |
| 130 | gear. |
| 131 | (b) The use of gill or entangling nets of any size is |
| 132 | prohibited, as such nets are defined in s. 16, Art. X of the |
| 133 | State Constitution. Any net constructed wholly or partially of |
| 134 | monofilament or multistrand monofilament material, other than a |
| 135 | hand thrown cast net, or a handheld landing or dip net, shall be |
| 136 | considered to be an entangling net within the prohibition of s. |
| 137 | 16, Art. X of the State Constitution unless specifically |
| 138 | authorized by rule of the commission. Multistrand monofilament |
| 139 | material shall not be defined to include nets constructed of |
| 140 | braided or twisted nylon, cotton, linen twine, or polypropylene |
| 141 | twine. |
| 142 | (c) This subsection shall not be construed to apply to |
| 143 | aquaculture activities licenses issued pursuant to s. 370.26. |
| 144 | (3) As used in s. 16, Art. X of the State Constitution and |
| 145 | this subsection, the term "net" or "netting" must be broadly |
| 146 | construed to include all manner or combination of mesh or |
| 147 | webbing or any other solid or semisolid fabric or other material |
| 148 | used to comprise a device that is used to take or harvest marine |
| 149 | life. |
| 150 | (4) Upon the arrest of any person for violation of this |
| 151 | subsection, the arresting officer shall seize the nets illegally |
| 152 | used. Upon conviction of the offender, the arresting authority |
| 153 | shall destroy the nets. |
| 154 | (5) Any person who violates this section shall be punished |
| 155 | as provided in s. 370.021(3). |
| 156 | (6) The Fish and Wildlife Conservation Commission is |
| 157 | granted authority to adopt rules pursuant to s. 370.025 |
| 158 | implementing this section and the prohibitions and restrictions |
| 159 | of s. 16, Art. X of the State Constitution. |
| 160 | Section 4. This act shall take effect July 1, 2004. |