Senate Bill sb2334
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Florida Senate - 2004 SB 2334
By Senator Haridopolos
26-1625A-04 See HB
1 A bill to be entitled
2 An act relating to use of illegal nets;
3 amending s. 370.021, F.S.; revising civil and
4 criminal penalties for use of certain illegal
5 fishing nets; providing civil and criminal
6 penalties for flagrant violations; providing a
7 definition; reenacting ss. 370.092(3) and (4)
8 and 370.093, F.S., relating to illegal use of
9 nets, to incorporate the amendment to s.
10 370.021, F.S., in references thereto; providing
11 an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Paragraph (b) of subsection (3) of section
16 370.021, Florida Statutes, is amended to read:
17 370.021 Administration; rules, publications, records;
18 penalties; injunctions.--
19 (3) PENALTIES FOR USE OF ILLEGAL NETS.--
20 (b)1. Any violation of any rule or statute that
21 implements s. 16(b), Art. X of the State Constitution shall be
22 punishable as follows:
23 a. A first violation is a misdemeanor of the second
24 degree, punishable as provided in s. 775.082 or s. 775.083.
25 b. A second violation is misdemeanor of the first
26 degree, punishable as provided in s. 775.082 or s. 775.083.
27 c. A third or subsequent violation is a felony of the
28 third degree, punishable as provided in s. 775.082 or s.
29 775.083.
30 2. Notwithstanding subparagraph 1., a flagrant
31 violation of any rule or statute that implements s. 16(b),
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Florida Senate - 2004 SB 2334
26-1625A-04 See HB
1 Art. X of the State Constitution shall be considered a felony
2 of the third degree, punishable as provided in s. 775.082 or
3 s. 775.083. For purposes of this paragraph, a flagrant
4 violation shall be the illegal possession or use of a
5 monofilament net or a net with a mesh area larger than 2000
6 square feet. A violation means any judicial disposition other
7 than acquittal or dismissal.
8 3.(b) In addition to being subject to the other
9 penalties provided in this chapter, any violation of s. 16(b),
10 Art. X of the State Constitution, or any statute or rule rules
11 of the commission which implements implement the gear
12 prohibitions and restrictions specified therein shall be
13 considered a major violation; and any person, firm, or
14 corporation receiving any judicial disposition other than
15 acquittal or dismissal of such violation shall be subject to
16 the following additional penalties:
17 a.1. For a first major violation within a 7-year
18 period, a civil penalty of $2,500 and suspension of all
19 saltwater products license privileges for 90 calendar days
20 following final disposition shall be imposed.
21 b.2. For a second major violation under this
22 subparagraph paragraph charged within 7 years of a previous
23 judicial disposition, which results in a second judicial
24 disposition other than acquittal or dismissal, a civil penalty
25 of $5,000 and suspension of all saltwater products license
26 privileges for 12 months shall be imposed.
27 c.3. For a third or subsequent major violation under
28 this subparagraph paragraph, charged within a 7-year period,
29 resulting in a third or subsequent judicial disposition other
30 than acquittal or dismissal, a civil penalty of $5,000,
31 lifetime revocation of the saltwater products license, and
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Florida Senate - 2004 SB 2334
26-1625A-04 See HB
1 forfeiture of all gear and equipment used in the violation
2 shall be imposed.
3 d. For a first flagrant violation under this
4 subparagraph, a civil penalty of $5,000 and a suspension of
5 all saltwater license privileges for 12 months shall be
6 imposed. For a second flagrant violation under this
7 subparagraph, a civil penalty of $5,000, a lifetime revocation
8 of the saltwater products license, and the forfeiture of all
9 gear and equipment used in the violation shall be imposed.
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11 A court may suspend, defer, or withhold adjudication of guilt
12 or imposition of sentence only for any first violation of s.
13 16, Art. X of the State Constitution, or any rule or statute
14 implementing its restrictions, determined by a court only
15 after consideration of competent evidence of mitigating
16 circumstances to be a nonflagrant or minor violation of those
17 restrictions upon the use of nets. Any violation of s. 16,
18 Art. X of the State Constitution, or any rule or statute
19 implementing its restrictions, occurring within a 7-year
20 period commencing upon the conclusion of any judicial
21 proceeding resulting in any outcome other than acquittal shall
22 be punished as a second, third, or subsequent violation
23 accordingly.
24 Section 2. For the purpose of incorporating the
25 amendment to section 370.021, Florida Statutes, in references
26 thereto, subsections (3) and (4) of section 370.092, Florida
27 Statutes, are reenacted to read:
28 370.092 Carriage of proscribed nets across Florida
29 waters.--
30 (3) Notwithstanding subsections (1) and (2), unless
31 authorized by rule of the Fish and Wildlife Conservation
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Florida Senate - 2004 SB 2334
26-1625A-04 See HB
1 Commission, it is a major violation under this section,
2 punishable as provided in s. 370.021(3), for any person, firm,
3 or corporation to possess any gill or entangling net, or any
4 seine net larger than 500 square feet in mesh area, on any
5 airboat or on any other vessel less than 22 feet in length and
6 on any vessel less than 25 feet if primary power of the vessel
7 is mounted forward of the vessel center point. Gill or
8 entangling nets shall be as defined in s. 16, Art. X of the
9 State Constitution, s. 370.093(2)(b), or in a rule of the Fish
10 and Wildlife Conservation Commission implementing s. 16, Art.
11 X of the State Constitution. Vessel length shall be determined
12 in accordance with current United States Coast Guard
13 regulations specified in the Code of Federal Regulations or as
14 titled by the State of Florida. The Marine Fisheries
15 Commission is directed to initiate by July 1, 1998, rulemaking
16 to adjust by rule the use of gear on vessels longer than 22
17 feet where the primary power of the vessel is mounted forward
18 of the vessel center point in order to prevent the illegal use
19 of gill and entangling nets in state waters and to provide
20 reasonable opportunities for the use of legal net gear in
21 adjacent federal waters.
22 (4) The Fish and Wildlife Conservation Commission
23 shall adopt rules to prohibit the possession and sale of
24 mullet taken in illegal gill or entangling nets. Violations of
25 such rules shall be punishable as provided in s. 370.021(3).
26 Section 3. For the purpose of incorporating the
27 amendment to section 370.021, Florida Statutes, in a reference
28 thereto, section 370.093, Florida Statutes, is reenacted to
29 read:
30 370.093 Illegal use of nets.--
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Florida Senate - 2004 SB 2334
26-1625A-04 See HB
1 (1) It is unlawful to take or harvest, or to attempt
2 to take or harvest, any marine life in Florida waters with any
3 net that is not consistent with the provisions of s. 16, Art.
4 X of the State Constitution.
5 (2)(a) Beginning July 1, 1998, it is also unlawful to
6 take or harvest, or to attempt to take or harvest, any marine
7 life in Florida waters with any net, as defined in subsection
8 (3) and any attachments to such net, that combined are larger
9 than 500 square feet and have not been expressly authorized
10 for such use by rule of the Fish and Wildlife Conservation
11 Commission. The use of currently legal shrimp trawls and purse
12 seines outside nearshore and inshore Florida waters shall
13 continue to be legal until the commission implements rules
14 regulating those types of gear.
15 (b) The use of gill or entangling nets of any size is
16 prohibited, as such nets are defined in s. 16, Art. X of the
17 State Constitution. Any net constructed wholly or partially of
18 monofilament or multistrand monofilament material, other than
19 a hand thrown cast net, or a handheld landing or dip net,
20 shall be considered to be an entangling net within the
21 prohibition of s. 16, Art. X of the State Constitution unless
22 specifically authorized by rule of the commission. Multistrand
23 monofilament material shall not be defined to include nets
24 constructed of braided or twisted nylon, cotton, linen twine,
25 or polypropylene twine.
26 (c) This subsection shall not be construed to apply to
27 aquaculture activities licenses issued pursuant to s. 370.26.
28 (3) As used in s. 16, Art. X of the State Constitution
29 and this subsection, the term "net" or "netting" must be
30 broadly construed to include all manner or combination of mesh
31 or webbing or any other solid or semisolid fabric or other
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Florida Senate - 2004 SB 2334
26-1625A-04 See HB
1 material used to comprise a device that is used to take or
2 harvest marine life.
3 (4) Upon the arrest of any person for violation of
4 this subsection, the arresting officer shall seize the nets
5 illegally used. Upon conviction of the offender, the arresting
6 authority shall destroy the nets.
7 (5) Any person who violates this section shall be
8 punished as provided in s. 370.021(3).
9 (6) The Fish and Wildlife Conservation Commission is
10 granted authority to adopt rules pursuant to s. 370.025
11 implementing this section and the prohibitions and
12 restrictions of s. 16, Art. X of the State Constitution.
13 Section 4. This act shall take effect July 1, 2004.
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