HB 1763

1
A bill to be entitled
2An act relating to trust funds; terminating the Florida
3Preservation 2000 Trust Fund and the Federal Law
4Enforcement Trust Fund within the Fish and Wildlife
5Conservation Commission; providing for the disposition of
6balances in and revenues of the trust funds; prescribing
7procedures for the termination of the trust funds;
8amending ss. 370.021, 370.061, 372.73, 372.9901, 372.9904,
9and 932.7055, F.S.; correcting cross references; repealing
10s. 372.107, F.S., relating to the Federal Law Enforcement
11Trust Fund within the Fish and Wildlife Conservation
12Commission; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  (1)  The Florida Preservation 2000 Trust Fund
17within the Fish and Wildlife Conservation Commission, FLAIR
18number 77-2-332, is terminated.
19     (2)  All current balances remaining in, and all revenues
20of, the trust fund shall be transferred to the Florida Forever
21Program Trust Fund within the Fish and Wildlife Conservation
22Commission, FLAIR number 77-2-349.
23     (3)  The Fish and Wildlife Conservation Commission shall
24pay any outstanding debts and obligations of the terminated fund
25as soon as practicable, and the Chief Financial Officer shall
26close out and remove the terminated fund from the various state
27accounting systems using generally accepted accounting
28principles concerning warrants outstanding, assets, and
29liabilities.
30     Section 2.  (1)  The Federal Law Enforcement Trust Fund
31within the Fish and Wildlife Conservation Commission, FLAIR
32number 77-2-719, is terminated.
33     (2)  All current balances remaining in, and all revenues
34of, the trust fund shall be transferred to the Federal Grants
35Trust Fund within the Fish and Wildlife Conservation Commission.
36     (3)  The Fish and Wildlife Conservation Commission shall
37pay any outstanding debts and obligations of the terminated fund
38as soon as practicable, and the Chief Financial Officer shall
39close out and remove the terminated fund from the various state
40accounting systems using generally accepted accounting
41principles concerning warrants outstanding, assets, and
42liabilities.
43     Section 3.  Subsection (2) of section 370.021, Florida
44Statutes, is amended to read:
45     370.021  Administration; rules, publications, records;
46penalties; injunctions.--
47     (2)  MAJOR VIOLATIONS.--In addition to the penalties
48provided in paragraphs (1)(a) and (b), the court shall assess
49additional penalties against any person, firm, or corporation
50convicted of major violations as follows:
51     (a)  For a violation involving more than 100 illegal blue
52crabs, crawfish, or stone crabs, an additional penalty of $10
53for each illegal blue crab, crawfish, stone crab, or part
54thereof.
55     (b)  For a violation involving the taking or harvesting of
56shrimp from a nursery or other prohibited area, or any two
57violations within a 12-month period involving shrimping gear,
58minimum size (count), or season, an additional penalty of $10
59for each pound of illegal shrimp or part thereof.
60     (c)  For a violation involving the taking or harvesting of
61oysters from nonapproved areas or the taking or possession of
62unculled oysters, an additional penalty of $10 for each bushel
63of illegal oysters.
64     (d)  For a violation involving the taking or harvesting of
65clams from nonapproved areas, an additional penalty of $100 for
66each 500 count bag of illegal clams.
67     (e)  For a violation involving the taking, harvesting, or
68possession of any of the following species, which are
69endangered, threatened, or of special concern:
70     1.  Shortnose sturgeon (Acipenser brevirostrum);
71     2.  Atlantic sturgeon (Acipenser oxyrhynchus);
72     3.  Common snook (Centropomus undecimalis);
73     4.  Atlantic loggerhead turtle (Caretta caretta caretta);
74     5.  Atlantic green turtle (Chelonia mydas mydas);
75     6.  Leatherback turtle (Dermochelys coriacea);
76     7.  Atlantic hawksbill turtle (Eretmochelys imbricata
77imbracata);
78     8.  Atlantic ridley turtle (Lepidochelys kempi); or
79     9.  West Indian manatee (Trichechus manatus latirostris),
80
81an additional penalty of $100 for each unit of marine life or
82part thereof.
83     (f)  For a second or subsequent conviction within 24 months
84for any violation of the same law or rule involving the taking
85or harvesting of more than 100 pounds of any finfish, an
86additional penalty of $5 for each pound of illegal finfish.
87     (g)  For any violation involving the taking, harvesting, or
88possession of more than 1,000 pounds of any illegal finfish, an
89additional penalty equivalent to the wholesale value of the
90illegal finfish.
91     (h)  Permits issued to any person, firm, or corporation by
92the commission to take or harvest saltwater products, or any
93license issued pursuant to s. 370.06 or s. 370.07 may be
94suspended or revoked by the commission, pursuant to the
95provisions and procedures of s. 120.60, for any major violation
96prescribed in this subsection:
97     1.  Upon a first conviction, for up to 30 calendar days.
98     2.  Upon a second conviction which occurs within 12 months
99after a prior violation, for up to 90 calendar days.
100     3.  Upon a third conviction which occurs within 24 months
101after a prior conviction, for up to 180 calendar days.
102     4.  Upon a fourth conviction which occurs within 36 months
103after a prior conviction, for a period of 6 months to 3 years.
104     (i)  Upon the arrest and conviction for a major violation
105involving stone crabs, the licenseholder must show just cause
106why his or her license should not be suspended or revoked. For
107the purposes of this paragraph, a "major violation" means a
108major violation as prescribed for illegal stone crabs; any
109single violation involving possession of more than 25 stone
110crabs during the closed season or possession of 25 or more
111whole-bodied or egg-bearing stone crabs; any violation for trap
112molestation, trap robbing, or pulling traps at night; or any
113combination of violations in any 3-consecutive-year period
114wherein more than 75 illegal stone crabs in the aggregate are
115involved.
116     (j)  Upon the arrest and conviction for a major violation
117involving crawfish, the licenseholder must show just cause why
118his or her license should not be suspended or revoked. For the
119purposes of this paragraph, a "major violation" means a major
120violation as prescribed for illegal crawfish; any single
121violation involving possession of more than 25 crawfish during
122the closed season or possession of more than 25 wrung crawfish
123tails or more than 25 egg-bearing or stripped crawfish; any
124violation for trap molestation, trap robbing, or pulling traps
125at night; or any combination of violations in any 3-consecutive-
126year period wherein more than 75 illegal crawfish in the
127aggregate are involved.
128     (k)  Upon the arrest and conviction for a major violation
129involving blue crabs, the licenseholder shall show just cause
130why his or her saltwater products license should not be
131suspended or revoked. This paragraph shall not apply to an
132individual fishing with no more than five traps. For the
133purposes of this paragraph, a "major violation" means a major
134violation as prescribed for illegal blue crabs, any single
135violation wherein 50 or more illegal blue crabs are involved;
136any violation for trap molestation, trap robbing, or pulling
137traps at night; or any combination of violations in any 3-
138consecutive-year period wherein more than 100 illegal blue crabs
139in the aggregate are involved.
140     (l)  Upon the conviction for a major violation involving
141finfish, the licenseholder must show just cause why his or her
142saltwater products license should not be suspended or revoked.
143For the purposes of this paragraph, a major violation is
144prescribed for the taking and harvesting of illegal finfish, any
145single violation involving the possession of more than 100
146pounds of illegal finfish, or any combination of violations in
147any 3-consecutive-year period wherein more than 200 pounds of
148illegal finfish in the aggregate are involved.
149     (m)  For a violation involving the taking or harvesting of
150any marine life species, as those species are defined by rule of
151the commission, the harvest of which is prohibited, or the
152taking or harvesting of such a species out of season, or with an
153illegal gear or chemical, or any violation involving the
154possession of 25 or more individual specimens of marine life
155species, or any combination of violations in any 3-year period
156involving more than 70 such specimens in the aggregate, the
157suspension or revocation of the licenseholder's marine life
158endorsement as provided in paragraph (h).
159
160Notwithstanding the provisions of s. 948.01, no court may
161suspend, defer, or withhold adjudication of guilt or imposition
162of sentence for any major violation prescribed in this
163subsection. The proceeds from the penalties assessed pursuant to
164this subsection shall be deposited into the Marine Resources
165Conservation Trust Fund to be used for marine fisheries research
166or into the commission's Federal Law Enforcement Trust Fund as
167provided in s. 372.107, as applicable.
168     Section 4.  Subsection (4) and paragraph (c) of subsection
169(5) of section 370.061, Florida Statutes, are amended to read:
170     370.061  Confiscation, seizure, and forfeiture of property
171and products.--
172     (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All property
173forfeited under this section may be destroyed, used by the
174commission, disposed of by gift to charitable or state
175institutions, or sold, with the proceeds derived from the sale
176deposited into the Marine Resources Conservation Trust Fund to
177be used for law enforcement purposes, or into the commission's
178Federal Law Enforcement Trust Fund as provided in s. 372.107, as
179applicable.
180     (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
181PRODUCTS; PROCEDURE.--
182     (c)  In the event of acquittal, the proceeds of a sale or
183the bond or cash deposit required by this subsection shall be
184returned to the defendant. In the event of a conviction, the
185proceeds of a sale or the bond or cash deposit required by this
186subsection shall be deposited into the Marine Resources
187Conservation Trust Fund to be used for law enforcement purposes
188or into the commission's Federal Law Enforcement Trust Fund as
189provided in s. 372.107, as applicable. Such deposit into the
190Marine Resources Conservation Trust Fund or the Federal Law
191Enforcement Trust Fund shall constitute confiscation.
192     Section 5.  Section 372.73, Florida Statutes, is amended to
193read:
194     372.73  Confiscation and disposition of illegally taken
195game.--All game and freshwater fish seized under the authority
196of this chapter shall, upon conviction of the offender or sooner
197if the court so orders, be forfeited and given to some hospital
198or charitable institution and receipt therefor sent to the Fish
199and Wildlife Conservation Commission. All furs or hides or fur-
200bearing animals seized under the authority of this chapter
201shall, upon conviction of the offender, be forfeited and sent to
202the commission, which shall sell the same and deposit the
203proceeds of such sale to the credit of the State Game Trust Fund
204or into the commission's Federal Law Enforcement Trust Fund as
205provided in s. 372.107, as applicable. If any such hides or furs
206are seized and the offender is unknown, the court shall order
207such hides or furs sent to the Fish and Wildlife Conservation
208Commission, which shall sell such hides and furs and deposit the
209proceeds of such sale to the credit of the State Game Trust Fund
210or into the commission's Federal Law Enforcement Trust Fund as
211provided in s. 372.107, as applicable.
212     Section 6.  Subsection (5) of section 372.9901, Florida
213Statutes, is amended to read:
214     372.9901  Seizure of illegal hunting devices; disposition;
215notice; forfeiture.--In order to protect the state's wildlife
216resources, any vehicle, vessel, animal, gun, light, or other
217hunting device used or attempted to be used in connection with,
218as an instrumentality of, or in aiding and abetting in the
219commission of an offense prohibited by s. 372.99 is subject to
220seizure and forfeiture. The provisions of chapter 932 do not
221apply to any seizure or forfeiture under this section. For
222purposes of this section, a conviction is any disposition other
223than acquittal or dismissal.
224     (5)  All amounts received from the sale or other
225disposition of the property shall be paid into the State Game
226Trust Fund or into the commission's Federal Law Enforcement
227Trust Fund as provided in s. 372.107, as applicable. If the
228property is not sold or converted, it shall be delivered to the
229executive director of the commission.
230     Section 7.  Subsection (3) of section 372.9904, Florida
231Statutes, is amended to read:
232     372.9904  Seizure of illegal transportation devices;
233disposition; appraisal; forfeiture.--
234     (3)  Upon conviction of the violator, the property, if
235owned by the person convicted, shall be forfeited to the state
236under the procedure set forth in ss. 370.061 and 370.07, when
237not inconsistent with this section. All amounts received from
238the sale or other disposition of the property shall be paid into
239the State Game Trust Fund or into the commission's Federal Law
240Enforcement Trust Fund as provided in s. 372.107, as applicable.
241If the property is not sold or converted, it shall be delivered
242to the director of the Fish and Wildlife Conservation
243Commission.
244     Section 8.  Paragraph (e) of subsection (6) of section
245932.7055, Florida Statutes, is amended to read:
246     932.7055  Disposition of liens and forfeited property.--
247     (6)  If the seizing agency is a state agency, all remaining
248proceeds shall be deposited into the General Revenue Fund.
249However, if the seizing agency is:
250     (e)  The Fish and Wildlife Conservation Commission, the
251proceeds accrued pursuant to the provisions of the Florida
252Contraband Forfeiture Act shall be deposited into the State Game
253Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904 or,
254into the Marine Resources Conservation Trust Fund as provided in
255s. 370.061, or into the commission's Federal Law Enforcement
256Trust Fund as provided in s. 372.107, as applicable.
257     Section 9.  Section 372.107, Florida Statutes, is repealed.
258     Section 10.  This act shall take effect July 1, 2005.


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