HB 1313

1
A bill to be entitled
2An act relating to use of illegal nets; amending s.
3370.021, F.S.; providing civil and criminal penalties for
4flagrant violations; providing a definition; reenacting
5ss. 370.092(3) and (4) and 370.093, F.S., relating to
6illegal use of nets, to incorporate the amendment to s.
7370.021, F.S., in references thereto; providing an
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (b) of subsection (3) of section
13370.021, Florida Statutes, is amended to read:
14     370.021  Administration; rules, publications, records;
15penalties; injunctions.--
16     (3)  PENALTIES FOR USE OF ILLEGAL NETS.--
17     (b)1. A flagrant violation of any rule or statute which
18implements s. 16(b), Art. X of the State Constitution shall be
19considered a felony of the third degree, punishable as provided
20in s. 775.082 or s. 775.083. For purposes of this paragraph, a
21flagrant violation shall be the illegal possession or use of a
22monofilament net or a net with a mesh area larger than 2000
23square feet. A violation means any judicial disposition other
24than acquittal or dismissal.
25     2.(b)  In addition to being subject to the other penalties
26provided in this chapter, any violation of s. 16(b), Art. X of
27the State Constitution, or any statute or rule rules of the
28commission which implements implement the gear prohibitions and
29restrictions specified therein shall be considered a major
30violation; and any person, firm, or corporation receiving any
31judicial disposition other than acquittal or dismissal of such
32violation shall be subject to the following additional
33penalties:
34     a.1.  For a first major violation within a 7-year period, a
35civil penalty of $2,500 and suspension of all saltwater products
36license privileges for 90 calendar days following final
37disposition shall be imposed.
38     b.2.  For a second major violation under this subparagraph
39paragraph charged within 7 years of a previous judicial
40disposition, which results in a second judicial disposition
41other than acquittal or dismissal, a civil penalty of $5,000 and
42suspension of all saltwater products license privileges for 12
43months shall be imposed.
44     c.3.  For a third or subsequent major violation under this
45subparagraph paragraph, charged within a 7-year period,
46resulting in a third or subsequent judicial disposition other
47than acquittal or dismissal, a civil penalty of $5,000, lifetime
48revocation of the saltwater products license, and forfeiture of
49all gear and equipment used in the violation shall be imposed.
50     d.  For a first flagrant violation under this subparagraph,
51a civil penalty of $5,000 and a suspension of all saltwater
52license privileges for 12 months shall be imposed. For a second
53or subsequent flagrant violation under this subparagraph, a
54civil penalty of $5,000, a lifetime revocation of the saltwater
55products license, and the forfeiture of all gear and equipment
56used in the violation shall be imposed.
57
58A court may suspend, defer, or withhold adjudication of guilt or
59imposition of sentence only for any first violation of s. 16,
60Art. X of the State Constitution, or any rule or statute
61implementing its restrictions, determined by a court only after
62consideration of competent evidence of mitigating circumstances
63to be a nonflagrant or minor violation of those restrictions
64upon the use of nets. Any violation of s. 16, Art. X of the
65State Constitution, or any rule or statute implementing its
66restrictions, occurring within a 7-year period commencing upon
67the conclusion of any judicial proceeding resulting in any
68outcome other than acquittal shall be punished as a second,
69third, or subsequent violation accordingly.
70     Section 2.  For the purpose of incorporating the amendment
71to section 370.021, Florida Statutes, in references thereto,
72subsections (3) and (4) of section 370.092, Florida Statutes,
73are reenacted to read:
74     370.092  Carriage of proscribed nets across Florida
75waters.--
76     (3)  Notwithstanding subsections (1) and (2), unless
77authorized by rule of the Fish and Wildlife Conservation
78Commission, it is a major violation under this section,
79punishable as provided in s. 370.021(3), for any person, firm,
80or corporation to possess any gill or entangling net, or any
81seine net larger than 500 square feet in mesh area, on any
82airboat or on any other vessel less than 22 feet in length and
83on any vessel less than 25 feet if primary power of the vessel
84is mounted forward of the vessel center point. Gill or
85entangling nets shall be as defined in s. 16, Art. X of the
86State Constitution, s. 370.093(2)(b), or in a rule of the Fish
87and Wildlife Conservation Commission implementing s. 16, Art. X
88of the State Constitution. Vessel length shall be determined in
89accordance with current United States Coast Guard regulations
90specified in the Code of Federal Regulations or as titled by the
91State of Florida. The Marine Fisheries Commission is directed to
92initiate by July 1, 1998, rulemaking to adjust by rule the use
93of gear on vessels longer than 22 feet where the primary power
94of the vessel is mounted forward of the vessel center point in
95order to prevent the illegal use of gill and entangling nets in
96state waters and to provide reasonable opportunities for the use
97of legal net gear in adjacent federal waters.
98     (4)  The Fish and Wildlife Conservation Commission shall
99adopt rules to prohibit the possession and sale of mullet taken
100in illegal gill or entangling nets. Violations of such rules
101shall be punishable as provided in s. 370.021(3).
102     Section 3.  For the purpose of incorporating the amendment
103to section 370.021, Florida Statutes, in a reference thereto,
104section 370.093, Florida Statutes, is reenacted to read:
105     370.093  Illegal use of nets.--
106     (1)  It is unlawful to take or harvest, or to attempt to
107take or harvest, any marine life in Florida waters with any net
108that is not consistent with the provisions of s. 16, Art. X of
109the State Constitution.
110     (2)(a)  Beginning July 1, 1998, it is also unlawful to take
111or harvest, or to attempt to take or harvest, any marine life in
112Florida waters with any net, as defined in subsection (3) and
113any attachments to such net, that combined are larger than 500
114square feet and have not been expressly authorized for such use
115by rule of the Fish and Wildlife Conservation Commission. The
116use of currently legal shrimp trawls and purse seines outside
117nearshore and inshore Florida waters shall continue to be legal
118until the commission implements rules regulating those types of
119gear.
120     (b)  The use of gill or entangling nets of any size is
121prohibited, as such nets are defined in s. 16, Art. X of the
122State Constitution. Any net constructed wholly or partially of
123monofilament or multistrand monofilament material, other than a
124hand thrown cast net, or a handheld landing or dip net, shall be
125considered to be an entangling net within the prohibition of s.
12616, Art. X of the State Constitution unless specifically
127authorized by rule of the commission. Multistrand monofilament
128material shall not be defined to include nets constructed of
129braided or twisted nylon, cotton, linen twine, or polypropylene
130twine.
131     (c)  This subsection shall not be construed to apply to
132aquaculture activities licenses issued pursuant to s. 370.26.
133     (3)  As used in s. 16, Art. X of the State Constitution and
134this subsection, the term "net" or "netting" must be broadly
135construed to include all manner or combination of mesh or
136webbing or any other solid or semisolid fabric or other material
137used to comprise a device that is used to take or harvest marine
138life.
139     (4)  Upon the arrest of any person for violation of this
140subsection, the arresting officer shall seize the nets illegally
141used. Upon conviction of the offender, the arresting authority
142shall destroy the nets.
143     (5)  Any person who violates this section shall be punished
144as provided in s. 370.021(3).
145     (6)  The Fish and Wildlife Conservation Commission is
146granted authority to adopt rules pursuant to s. 370.025
147implementing this section and the prohibitions and restrictions
148of s. 16, Art. X of the State Constitution.
149     Section 4.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.