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