Senate Bill sb2202c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    By the Committees on Criminal Justice; Environmental
    Preservation; and Senator Baker



    591-2454A-06

  1                      A bill to be entitled

  2         An act relating to fish and wildlife; amending

  3         s. 370.01, F.S.; defining the term "commercial

  4         harvester"; amending s. 370.021, F.S.;

  5         providing for base penalties; conforming

  6         penalty provisions for commercial harvesters;

  7         providing penalties for persons other than

  8         commercial harvesters; conforming provisions

  9         relating to the spiny lobster; amending s.

10         370.028, F.S.; conforming penalty provisions;

11         amending s. 370.061, F.S.; correcting a

12         cross-reference; amending ss. 370.063, 370.08,

13         370.081, 370.1105, 370.1121, 370.13, 370.135,

14         370.14, and 370.142, F.S.; conforming penalty

15         provisions for commercial harvesters; providing

16         penalties for persons other than commercial

17         harvesters; conforming provisions relating to

18         the spiny lobster; deleting obsolete

19         provisions; amending s. 372.562, F.S.;

20         conforming a provision providing an exemption

21         from fees and requirements; amending s. 372.57,

22         F.S.; specifying seasonal recreational

23         activities for which a license or permit is

24         required; increasing fees for certain licenses

25         to conform; providing a fee for a crossbow

26         season permit; providing for crossbow season

27         permits; providing penalties for the

28         production, possession, and use of fraudulent

29         fishing and hunting licenses; providing

30         penalties for the taking of game and fish with

31         a suspended or revoked license; conforming

                                  1

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         provisions relating to the spiny lobster;

 2         amending s. 372.5704, F.S.; conforming penalty

 3         provisions; amending ss. 372.571 and 372.573,

 4         F.S.; correcting cross-references; amending s.

 5         372.5717, F.S.; authorizing the Fish and

 6         Wildlife Conservation Commission to defer the

 7         hunter safety education course requirement for

 8         a specified time period and for a specified

 9         number of times; providing for a special

10         authorization and conditions to hunt using a

11         hunter safety education deferral; deleting the

12         mandatory minimum number of instructional hours

13         for persons required to take the hunter safety

14         education course; providing an exemption for

15         the display of hunter safety education

16         certificates; providing penalties; amending s.

17         372.83, F.S.; revising the penalties for

18         violations of rules, orders, and regulations of

19         the Fish and Wildlife Conservation Commission;

20         creating penalties for recreational violations

21         of certain saltwater fishing regulations

22         established in ch. 370, F.S.; providing for

23         court appearances in certain circumstances;

24         providing for Level One, Level Two, Level

25         Three, and Level Four offenses; providing for

26         enhanced penalties for multiple violations;

27         providing for suspension and revocation of

28         licenses and permits, including exemptions from

29         licensing and permit requirements; defining the

30         term "conviction" for purposes of penalty

31         provisions; creating s. 372.935, F.S.;

                                  2

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         providing penalties for violations involving

 2         captive wildlife and poisonous or venomous

 3         reptiles; specifying violations that constitute

 4         noncriminal infractions or second-degree

 5         misdemeanors; amending ss. 372.26, 372.265,

 6         372.661, 372.662, 372.667, 372.705, 372.988,

 7         372.99022, 372.99, and 372.9903, F.S.;

 8         conforming penalty provisions; amending s.

 9         921.0022, F.S.; deleting certain Level One

10         offense designations; creating s. 372.831,

11         F.S.; creating the Wildlife Violators Compact;

12         providing findings and purposes; providing

13         definitions; providing procedures for states

14         issuing citations for wildlife violations;

15         providing requirements for the home state of a

16         violator; providing for reciprocal recognition

17         of a license suspension; providing procedures

18         for administering the compact; providing for

19         entry into and withdrawal from the compact;

20         providing for construction of the compact and

21         for severability; creating s. 372.8311, F.S.;

22         providing for enforcement of the compact by the

23         Fish and Wildlife Conservation Commission;

24         providing that actions committed or omitted by

25         the Fish and Wildlife Conservation Commission

26         in enforcing the compact are subject to review

27         under ch. 120, F.S.; requiring that the Fish

28         and Wildlife Conservation Commission update the

29         automated licensing system by August 1, 2006;

30         repealing s. 372.711, F.S., relating to

31         noncriminal infractions; repealing s. 372.912,

                                  3

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         F.S.; relating to poisonous or venomous reptile

 2         hunts; providing an effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Present subsections (5) through (28) of

 7  section 370.01, Florida Statutes, are redesignated as

 8  subsections (6) through (29), respectively, and a new

 9  subsection (5) is added to that section, to read:

10         370.01  Definitions.--In construing these statutes,

11  where the context does not clearly indicate otherwise, the

12  word, phrase, or term:

13         (5)  "Commercial harvester" means any person, firm, or

14  corporation that takes, harvests, or attempts to take or

15  harvest saltwater products for sale or with intent to sell;

16  that is operating under or is required to operate under a

17  license or permit or authorization issued pursuant to this

18  chapter; that is using gear that is prohibited for use in the

19  harvest of recreational amounts of any saltwater product being

20  taken or harvested; or that is harvesting any saltwater

21  product in an amount that is at least two times the

22  recreational bag limit for the saltwater product being taken

23  or harvested.

24         Section 2.  Subsections (1), (2), (4), (5), (6), and

25  (12) of section 370.021, Florida Statutes, are amended to

26  read:

27         370.021  Administration; rules, publications, records;

28  penalties; injunctions.--

29         (1)  BASE PENALTIES.--Unless otherwise provided by law,

30  any person, firm, or corporation who violates is convicted for

31  violating any provision of this chapter, or any rule of the

                                  4

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  Fish and Wildlife Conservation Commission relating to the

 2  conservation of marine resources, shall be punished:

 3         (a)  Upon a first conviction, by imprisonment for a

 4  period of not more than 60 days or by a fine of not less than

 5  $100 nor more than $500, or by both such fine and

 6  imprisonment.

 7         (b)  On a second or subsequent conviction within 12

 8  months, by imprisonment for not more than 6 months or by a

 9  fine of not less than $250 nor more than $1,000, or by both

10  such fine and imprisonment.

11  

12  Upon final disposition of any alleged offense for which a

13  citation for any violation of this chapter or the rules of the

14  commission has been issued, the court shall, within 10 days,

15  certify the disposition to the commission.

16         (2)  MAJOR VIOLATIONS.--In addition to the penalties

17  provided in paragraphs (1)(a) and (b), the court shall assess

18  additional penalties against any commercial harvester person,

19  firm, or corporation convicted of major violations as follows:

20         (a)  For a violation involving more than 100 illegal

21  blue crabs, spiny lobster crawfish, or stone crabs, an

22  additional penalty of $10 for each illegal blue crab, spiny

23  lobster crawfish, stone crab, or part thereof.

24         (b)  For a violation involving the taking or harvesting

25  of shrimp from a nursery or other prohibited area, or any two

26  violations within a 12-month period involving shrimping gear,

27  minimum size (count), or season, an additional penalty of $10

28  for each pound of illegal shrimp or part thereof.

29         (c)  For a violation involving the taking or harvesting

30  of oysters from nonapproved areas or the taking or possession

31  

                                  5

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  of unculled oysters, an additional penalty of $10 for each

 2  bushel of illegal oysters.

 3         (d)  For a violation involving the taking or harvesting

 4  of clams from nonapproved areas, an additional penalty of $100

 5  for each 500 count bag of illegal clams.

 6         (e)  For a violation involving the taking, harvesting,

 7  or possession of any of the following species, which are

 8  endangered, threatened, or of special concern:

 9         1.  Shortnose sturgeon (Acipenser brevirostrum);

10         2.  Atlantic sturgeon (Acipenser oxyrhynchus);

11         3.  Common snook (Centropomus undecimalis);

12         4.  Atlantic loggerhead turtle (Caretta caretta

13  caretta);

14         5.  Atlantic green turtle (Chelonia mydas mydas);

15         6.  Leatherback turtle (Dermochelys coriacea);

16         7.  Atlantic hawksbill turtle (Eretmochelys imbricata

17  imbracata);

18         8.  Atlantic ridley turtle (Lepidochelys kempi); or

19         9.  West Indian manatee (Trichechus manatus

20  latirostris),

21  

22  an additional penalty of $100 for each unit of marine life or

23  part thereof.

24         (f)  For a second or subsequent conviction within 24

25  months for any violation of the same law or rule involving the

26  taking or harvesting of more than 100 pounds of any finfish,

27  an additional penalty of $5 for each pound of illegal finfish.

28         (g)  For any violation involving the taking,

29  harvesting, or possession of more than 1,000 pounds of any

30  illegal finfish, an additional penalty equivalent to the

31  wholesale value of the illegal finfish.

                                  6

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (h)  Permits issued to any commercial harvester person,

 2  firm, or corporation by the commission to take or harvest

 3  saltwater products, or any license issued pursuant to s.

 4  370.06 or s. 370.07 may be suspended or revoked by the

 5  commission, pursuant to the provisions and procedures of s.

 6  120.60, for any major violation prescribed in this subsection:

 7         1.  Upon a first conviction, for up to 30 calendar

 8  days.

 9         2.  Upon a second conviction which occurs within 12

10  months after a prior violation, for up to 90 calendar days.

11         3.  Upon a third conviction which occurs within 24

12  months after a prior conviction, for up to 180 calendar days.

13         4.  Upon a fourth conviction which occurs within 36

14  months after a prior conviction, for a period of 6 months to 3

15  years.

16         (i)  Upon the arrest and conviction for a major

17  violation involving stone crabs, the licenseholder must show

18  just cause why his or her license should not be suspended or

19  revoked. For the purposes of this paragraph, a "major

20  violation" means a major violation as prescribed for illegal

21  stone crabs; any single violation involving possession of more

22  than 25 stone crabs during the closed season or possession of

23  25 or more whole-bodied or egg-bearing stone crabs; any

24  violation for trap molestation, trap robbing, or pulling traps

25  at night; or any combination of violations in any

26  3-consecutive-year period wherein more than 75 illegal stone

27  crabs in the aggregate are involved.

28         (j)  Upon the arrest and conviction for a major

29  violation involving spiny lobster crawfish, the licenseholder

30  must show just cause why his or her license should not be

31  suspended or revoked. For the purposes of this paragraph, a

                                  7

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  "major violation" means a major violation as prescribed for

 2  illegal spiny lobster crawfish; any single violation involving

 3  possession of more than 25 spiny lobster crawfish during the

 4  closed season or possession of more than 25 wrung spiny

 5  lobster crawfish tails or more than 25 egg-bearing or stripped

 6  spiny lobster crawfish; any violation for trap molestation,

 7  trap robbing, or pulling traps at night; or any combination of

 8  violations in any 3-consecutive-year period wherein more than

 9  75 illegal spiny lobster crawfish in the aggregate are

10  involved.

11         (k)  Upon the arrest and conviction for a major

12  violation involving blue crabs, the licenseholder shall show

13  just cause why his or her saltwater products license should

14  not be suspended or revoked. This paragraph shall not apply to

15  an individual fishing with no more than five traps.  For the

16  purposes of this paragraph, a "major violation" means a major

17  violation as prescribed for illegal blue crabs, any single

18  violation wherein 50 or more illegal blue crabs are involved;

19  any violation for trap molestation, trap robbing, or pulling

20  traps at night; or any combination of violations in any

21  3-consecutive-year period wherein more than 100 illegal blue

22  crabs in the aggregate are involved.

23         (l)  Upon the conviction for a major violation

24  involving finfish, the licenseholder must show just cause why

25  his or her saltwater products license should not be suspended

26  or revoked. For the purposes of this paragraph, a major

27  violation is prescribed for the taking and harvesting of

28  illegal finfish, any single violation involving the possession

29  of more than 100 pounds of illegal finfish, or any combination

30  of violations in any 3-consecutive-year period wherein more

31  

                                  8

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  than 200 pounds of illegal finfish in the aggregate are

 2  involved.

 3         (m)  For a violation involving the taking or harvesting

 4  of any marine life species, as those species are defined by

 5  rule of the commission, the harvest of which is prohibited, or

 6  the taking or harvesting of such a species out of season, or

 7  with an illegal gear or chemical, or any violation involving

 8  the possession of 25 or more individual specimens of marine

 9  life species, or any combination of violations in any 3-year

10  period involving more than 70 such specimens in the aggregate,

11  the suspension or revocation of the licenseholder's marine

12  life endorsement as provided in paragraph (h).

13  

14  The penalty provisions of this subsection apply to commercial

15  harvesters and wholesale and retail dealers as defined in s.

16  370.07. Any other person who commits a major violation under

17  this subsection commits a Level Three violation under s.

18  372.83. Notwithstanding the provisions of s. 948.01, no court

19  may suspend, defer, or withhold adjudication of guilt or

20  imposition of sentence for any major violation prescribed in

21  this subsection. The proceeds from the penalties assessed

22  pursuant to this subsection shall be deposited into the Marine

23  Resources Conservation Trust Fund to be used for marine

24  fisheries research or into the commission's Federal Law

25  Enforcement Trust Fund as provided in s. 372.107, as

26  applicable.

27         (4)  ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS

28  INVOLVING CERTAIN FINFISH.--

29         (a)  It is a major violation under pursuant to this

30  section, punishable as provided in paragraph (3)(b), for any

31  person to be in possession of any species of trout, snook, or

                                  9

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  redfish which is three fish in excess of the recreational or

 2  commercial daily bag limit.

 3         (b)  A commercial harvester who violates this

 4  subsection shall be punished as provided under paragraph

 5  (3)(b). Any other person who violates this subsection commits

 6  a Level Three violation under s. 372.83.

 7         (5)  SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY

 8  HARVESTED PRODUCTS.--In addition to other penalties authorized

 9  in this chapter, any violation of s. 370.06 or s. 370.07, or

10  rules of the commission implementing s. 370.06 or s. 370.07,

11  involving the purchase of saltwater products by a commercial

12  wholesale dealer, retail dealer, or restaurant facility for

13  public consumption from an unlicensed person, firm, or

14  corporation, or the sale of saltwater products by an

15  unlicensed person, firm, or corporation or the purchase or

16  sale of any saltwater product known to be taken in violation

17  of s. 16, Art. X of the State Constitution, or rule or statute

18  implementing the provisions thereof, by a commercial wholesale

19  dealer, retail dealer, or restaurant facility, for public

20  consumption, is a major violation, and the commission may

21  assess the following penalties:

22         (a)  For a first violation, the commission may assess a

23  civil penalty of up to $2,500 and may suspend the wholesale or

24  retail dealer's license privileges for up to 90 calendar days.

25         (b)  For a second violation occurring within 12 months

26  of a prior violation, the commission may assess a civil

27  penalty of up to $5,000 and may suspend the wholesale or

28  retail dealer's license privileges for up to 180 calendar

29  days.

30         (c)  For a third or subsequent violation occurring

31  within a 24-month period, the commission shall assess a civil

                                  10

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  penalty of $5,000 and shall suspend the wholesale or retail

 2  dealer's license privileges for up to 24 months.

 3  

 4  Any proceeds from the civil penalties assessed pursuant to

 5  this subsection shall be deposited into the Marine Resources

 6  Conservation Trust Fund and shall be used as follows:  40

 7  percent for administration and processing purposes and 60

 8  percent for law enforcement purposes.

 9         (6)  PENALTIES FOR UNLICENSED SALE, PURCHASE, OR

10  HARVEST.--It is a major violation and punishable as provided

11  in this subsection for any an unlicensed person, firm, or

12  corporation who is required to be licensed under this chapter

13  as a commercial harvester or a wholesale or retail dealer to

14  sell or purchase any saltwater product or to harvest or

15  attempt to harvest any saltwater product with intent to sell

16  the saltwater product.

17         (a)  Any person, firm, or corporation who sells or

18  purchases any saltwater product without having purchased the

19  licenses required by this chapter for such sale is subject to

20  additional penalties as follows:

21         1.  A first violation is a misdemeanor of the second

22  degree, punishable as provided in s. 775.082 or s. 775.083.

23         2.  A second violation is a misdemeanor of the first

24  degree, punishable as provided in s. 775.082 or s. 775.083,

25  and such person may also be assessed a civil penalty of up to

26  $2,500 and is subject to a suspension of all license

27  privileges under this chapter and chapter 372 for a period not

28  exceeding 90 days.

29         3.  A third violation is a misdemeanor of the first

30  degree, punishable as provided in s. 775.082 or s. 775.083,

31  with a mandatory minimum term of imprisonment of 6 months, and

                                  11

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  such person may also be assessed a civil penalty of up to

 2  $5,000 and is subject to a suspension of all license

 3  privileges under this chapter and chapter 372 for a period not

 4  exceeding 6 months.

 5         4.  A third violation within 1 year after a second

 6  violation is a felony of the third degree, punishable as

 7  provided in s. 775.082 or s. 775.083, with a mandatory minimum

 8  term of imprisonment of 1 year, and such person shall be

 9  assessed a civil penalty of $5,000 and all license privileges

10  under this chapter and chapter 372 shall be permanently

11  revoked.

12         5.  A fourth or subsequent violation is a felony of the

13  third degree, punishable as provided in s. 775.082 or s.

14  775.083, with a mandatory minimum term of imprisonment of 1

15  year, and such person shall be assessed a civil penalty of

16  $5,000 and all license privileges under this chapter and

17  chapter 372 shall be permanently revoked.

18         (b)  Any person whose license privileges under this

19  chapter have been permanently revoked and who thereafter sells

20  or purchases or who attempts to sell or purchase any saltwater

21  product commits a felony of the third degree, punishable as

22  provided in s. 775.082 or s. 775.083, with a mandatory minimum

23  term of imprisonment of 1 year, and such person shall also be

24  assessed a civil penalty of $5,000. All property involved in

25  such offense shall be forfeited pursuant to s. 370.061.

26         (c)  Any commercial harvester or wholesale or retail

27  dealer person whose license privileges under this chapter are

28  under suspension and who during such period of suspension

29  sells or purchases or attempts to sell or purchase any

30  saltwater product shall be assessed the following penalties:

31  

                                  12

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         1.  A first violation, or a second violation occurring

 2  more than 12 months after a first violation, is a first degree

 3  misdemeanor, punishable as provided in ss. 775.082 and

 4  775.083, and such commercial harvester or wholesale or retail

 5  dealer person may be assessed a civil penalty of up to $2,500

 6  and an additional suspension of all license privileges under

 7  this chapter and chapter 372 for a period not exceeding 90

 8  days.

 9         2.  A second violation occurring within 12 months of a

10  first violation is a third degree felony, punishable as

11  provided in ss. 775.082 and 775.083, with a mandatory minimum

12  term of imprisonment of 1 year, and such commercial harvester

13  or wholesale or retail dealer person may be assessed a civil

14  penalty of up to $5,000 and an additional suspension of all

15  license privileges under this chapter and chapter 372 for a

16  period not exceeding 180 days. All property involved in such

17  offense shall be forfeited pursuant to s. 370.061.

18         3.  A third violation within 24 months of the second

19  violation or subsequent violation is a third degree felony,

20  punishable as provided in ss. 775.082 and 775.083, with a

21  mandatory minimum term of imprisonment of 1 year, and such

22  commercial harvester or wholesale or retail dealer person

23  shall be assessed a mandatory civil penalty of up to $5,000

24  and an additional suspension of all license privileges under

25  this chapter and chapter 372 for a period not exceeding 24

26  months. All property involved in such offense shall be

27  forfeited pursuant to s. 370.061.

28         (d)  Any commercial harvester person who harvests or

29  attempts to harvest any saltwater product with intent to sell

30  the saltwater product without having purchased a saltwater

31  

                                  13

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  products license with the requisite endorsements is subject to

 2  penalties as follows:

 3         1.  A first violation is a misdemeanor of the second

 4  degree, punishable as provided in s. 775.082 or s. 775.083.

 5         2.  A second violation is a misdemeanor of the first

 6  degree, punishable as provided in s. 775.082 or s. 775.083,

 7  and such commercial harvester person may also be assessed a

 8  civil penalty of up to $2,500 and is subject to a suspension

 9  of all license privileges under this chapter and chapter 372

10  for a period not exceeding 90 days.

11         3.  A third violation is a misdemeanor of the first

12  degree, punishable as provided in s. 775.082 or s. 775.083,

13  with a mandatory minimum term of imprisonment of 6 months, and

14  such commercial harvester person may also be assessed a civil

15  penalty of up to $5,000 and is subject to a suspension of all

16  license privileges under this chapter and chapter 372 for a

17  period not exceeding 6 months.

18         4.  A third violation within 1 year after a second

19  violation is a felony of the third degree, punishable as

20  provided in s. 775.082 or s. 775.083, with a mandatory minimum

21  term of imprisonment of 1 year, and such commercial harvester

22  person shall also be assessed a civil penalty of $5,000 and

23  all license privileges under this chapter and chapter 372

24  shall be permanently revoked.

25         5.  A fourth or subsequent violation is a felony of the

26  third degree, punishable as provided in s. 775.082 or s.

27  775.083, with a mandatory minimum term of imprisonment of 1

28  year, and such commercial harvester person shall also be

29  assessed a mandatory civil penalty of $5,000 and all license

30  privileges under this chapter and chapter 372 shall be

31  permanently revoked.

                                  14

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  

 2  For purposes of this subsection, a violation means any

 3  judicial disposition other than acquittal or dismissal.

 4         (12)  LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For

 5  purposes of imposing license or permit suspensions or

 6  revocations authorized by this chapter, the license or permit

 7  under which the violation was committed is subject to

 8  suspension or revocation by the commission. For purposes of

 9  assessing monetary civil or administrative penalties

10  authorized by this chapter, the commercial harvester person,

11  firm, or corporation cited and subsequently receiving a

12  judicial disposition of other than dismissal or acquittal in a

13  court of law is subject to the monetary penalty assessment by

14  the commission. However, if the license or permitholder of

15  record is not the commercial harvester person, firm, or

16  corporation receiving the citation and judicial disposition,

17  the license or permit may be suspended or revoked only after

18  the license or permitholder has been notified by the

19  commission that the license or permit has been cited in a

20  major violation and is now subject to suspension or revocation

21  should the license or permit be cited for subsequent major

22  violations.

23         Section 3.  Section 370.028, Florida Statutes, is

24  amended to read:

25         370.028  Enforcement of commission rules; penalties for

26  violation of rule.--Rules of the Fish and Wildlife

27  Conservation Commission shall be enforced by any law

28  enforcement officer certified pursuant to s. 943.13.  Except

29  as provided under s. 372.83, any person who violates or

30  otherwise fails to comply with any rule adopted by the

31  commission shall be punished pursuant to s. 370.021(1).

                                  15

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         Section 4.  Paragraph (d) of subsection (5) of section

 2  370.061, Florida Statutes, is amended to read:

 3         370.061  Confiscation, seizure, and forfeiture of

 4  property and products.--

 5         (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER

 6  PRODUCTS; PROCEDURE.--

 7         (d)  For purposes of confiscation under this

 8  subsection, the term "saltwater products" has the meaning set

 9  out in s. 370.01(27) s. 370.01(26), except that the term does

10  not include saltwater products harvested under the authority

11  of a recreational license unless the amount of such harvested

12  products exceeds three times the applicable recreational bag

13  limit for trout, snook, or redfish.

14         Section 5.  Section 370.063, Florida Statutes, is

15  amended to read:

16         370.063  Special recreational spiny lobster crawfish

17  license.--There is created a special recreational spiny

18  lobster crawfish license, to be issued to qualified persons as

19  provided by this section for the recreational harvest of spiny

20  lobster crawfish (spiny lobster) beginning August 5, 1994.

21         (1)  The special recreational spiny lobster crawfish

22  license shall be available to any individual spiny lobster

23  crawfish trap number holder who also possesses a saltwater

24  products license during the 1993-1994 license year. A person

25  issued a special recreational spiny lobster crawfish license

26  may not also possess a trap number.

27         (2)  The special recreational spiny lobster crawfish

28  license is required in order to harvest spiny lobster crawfish

29  from state territorial waters in quantities in excess of the

30  regular recreational bag limit but not in excess of a special

31  bag limit as established by the Marine Fisheries Commission

                                  16

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  for these harvesters before the 1994-1995 license year. Such

 2  special bag limit does not apply during the 2-day sport season

 3  established by the Fish and Wildlife Conservation Commission.

 4         (3)  The holder of a special recreational spiny lobster

 5  crawfish license must also possess the recreational spiny

 6  lobster crawfish permit required by s. 372.57(8)(d).

 7         (4)  As a condition precedent to the issuance of a

 8  special recreational spiny lobster crawfish license, the

 9  applicant must agree to file quarterly reports with the Fish

10  and Wildlife Conservation Commission in such form as the

11  commission requires, detailing the amount of the

12  licenseholder's spiny lobster crawfish (spiny lobster) harvest

13  in the previous quarter, including the harvest of other

14  recreational harvesters aboard the licenseholder's vessel.

15         (5)  The Fish and Wildlife Conservation Commission

16  shall issue special recreational spiny lobster crawfish

17  licenses. The fee for each such license is $100 per year. Each

18  license issued in any license year must be renewed by June 30

19  of each subsequent year by the initial individual holder

20  thereof. Noncompliance with the reporting requirement in

21  subsection (4) or with the special recreational bag limit

22  established under subsection (6) constitutes grounds for which

23  the commission may refuse to renew the license for a

24  subsequent license year. The number of such licenses

25  outstanding in any one license year may not exceed the number

26  issued for the 1994-1995 license year. A license is not

27  transferable by any method. Licenses that are not renewed

28  expire and may be reissued by the commission in the subsequent

29  license year to new applicants otherwise qualified under this

30  section.

31  

                                  17

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (6)  To promote conservation of the spiny lobster

 2  (crawfish) resource, consistent with equitable distribution

 3  and availability of the resource, the commission shall

 4  establish a spiny lobster management plan incorporating the

 5  special recreational spiny lobster crawfish license,

 6  including, but not limited to, the establishment of a special

 7  recreational bag limit for the holders of such license as

 8  required by subsection (2). Such special recreational bag

 9  limit must not be less than twice the higher of the daily

10  recreational bag limits.

11         (7)  The proceeds of the fees collected under this

12  section must be deposited in the Marine Resources Conservation

13  Trust Fund and used as follows:

14         (a)  Thirty-five percent for research and the

15  development of reliable recreational catch statistics for the

16  spiny lobster crawfish (spiny lobster) fishery.

17         (b)  Twenty percent for administration of this section.

18         (c)  Forty-five percent to be used for enforcement of

19  this section.

20         (8)  Any person who violates this section commits a

21  Level One violation under s. 372.83.

22         Section 6.  Subsection (8) is added to section 370.08,

23  Florida Statutes, to read:

24         370.08  Fishers and equipment; regulation.--

25         (8)  PENALTIES.--A commercial harvester who violates

26  this section shall be punished under s. 370.021. Any other

27  person who violates this section commits a Level Two violation

28  under s. 372.83.

29         Section 7.  Subsection (6) is added to section 370.081,

30  Florida Statutes, to read:

31  

                                  18

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         370.081  Illegal importation or possession of

 2  nonindigenous marine plants and animals; rules and

 3  regulations.--

 4         (6)  Any person who violates this section commits a

 5  Level Three violation under s. 372.83.

 6         Section 8.  Subsection (4) is added to section

 7  370.1105, Florida Statutes, to read:

 8         370.1105  Saltwater finfish; fishing traps regulated.--

 9         (4)  A commercial harvester who violates this section

10  shall be punished under s. 370.021. Any other person who

11  violates this section commits a Level Two violation under s.

12  372.83.

13         Section 9.  Subsection (3) is added to section

14  370.1121, Florida Statutes, to read:

15         370.1121  Bonefish; regulation.--

16         (3)  A commercial harvester or wholesale or retail

17  saltwater products dealer who violates this section shall be

18  punished under s. 370.021. Any other person who violates this

19  section commits a Level Two violation under s. 372.83.

20         Section 10.  Paragraphs (a), (b), (c), and (d) of

21  subsection (2) of section 370.13, Florida Statutes, are

22  amended to read:

23         370.13  Stone crab; regulation.--

24         (2)  PENALTIES.--For purposes of this subsection,

25  conviction is any disposition other than acquittal or

26  dismissal, regardless of whether the violation was adjudicated

27  under any state or federal law.

28         (a)  It is unlawful to violate commission rules

29  regulating stone crab trap certificates and trap tags. No

30  person may use an expired tag or a stone crab trap tag not

31  issued by the commission or possess or use a stone crab trap

                                  19

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  in or on state waters or adjacent federal waters without

 2  having a trap tag required by the commission firmly attached

 3  thereto.

 4         1.  In addition to any other penalties provided in s.

 5  370.021, for any commercial harvester who violates this

 6  paragraph, person, firm, or corporation who violates rule

 7  68B-13.010(2), Florida Administrative Code, or rule

 8  68B-13.011(5), (6), (7), (8), or (11), Florida Administrative

 9  Code, the following administrative penalties apply.

10         a.1.  For a first violation, the commission shall

11  assess an administrative penalty of up to $1,000 and the stone

12  crab endorsement under which the violation was committed may

13  be suspended for the remainder of the current license year.

14         b.2.  For a second violation that occurs within 24

15  months of any previous such violation, the commission shall

16  assess an administrative penalty of up to $2,000 and the stone

17  crab endorsement under which the violation was committed may

18  be suspended for 12 calendar months.

19         c.3.  For a third violation that occurs within 36

20  months of any previous two such violations, the commission

21  shall assess an administrative penalty of up to $5,000 and the

22  stone crab endorsement under which the violation was committed

23  may be suspended for 24 calendar months.

24         d.4.  A fourth violation that occurs within 48 months

25  of any three previous such violations, shall result in

26  permanent revocation of all of the violator's saltwater

27  fishing privileges, including having the commission proceed

28  against the endorsement holder's saltwater products license in

29  accordance with s. 370.021.

30         2.  Any other person who violates the provisions of

31  this paragraph commits a Level Two violation under s. 372.83.

                                  20

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  

 2  Any commercial harvester person assessed an administrative

 3  penalty under this paragraph shall, within 30 calendar days

 4  after notification, pay the administrative penalty to the

 5  commission, or request an administrative hearing under ss.

 6  120.569 and 120.57.  The proceeds of all administrative

 7  penalties collected under this paragraph shall be deposited in

 8  the Marine Resources Conservation Trust Fund.

 9         (b)  It is unlawful for any commercial harvester person

10  to remove the contents of another harvester's stone crab trap

11  or take possession of such without the express written consent

12  of the trap owner available for immediate inspection.

13  Unauthorized possession of another's trap gear or removal of

14  trap contents constitutes theft.

15         1.  Any commercial harvester person convicted of theft

16  of or from a trap pursuant to this subsection or s. 370.1107

17  shall, in addition to the penalties specified in s. 370.021

18  and the provisions of this section, permanently lose all his

19  or her saltwater fishing privileges, including saltwater

20  products licenses, stone crab or incidental take endorsements,

21  and all trap certificates allotted to such commercial

22  harvester him or her by the commission. In such cases, trap

23  certificates and endorsements are nontransferable.

24         2.  In addition, any commercial harvester person, firm,

25  or corporation convicted of violating the prohibitions

26  referenced in this paragraph shall also be assessed an

27  administrative penalty of up to $5,000. Immediately upon

28  receiving a citation for a violation involving theft of or

29  from a trap and until adjudicated for such a violation, or,

30  upon receipt of a judicial disposition other than dismissal or

31  

                                  21

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  acquittal on such a violation, the violator is prohibited from

 2  transferring any stone crab or spiny lobster certificates.

 3         3.  Any other person who violates the provisions of

 4  this paragraph commits a Level Two violation under s. 372.83.

 5         (c)1.  It is unlawful to violate Any person, firm, or

 6  corporation convicted of violating commission rules that

 7  prohibit any of the following:, commits a felony of the third

 8  degree, punishable as provided in s. 775.082, s. 775.083, or

 9  s. 775.084.

10         a.1.  The willful molestation of any stone crab trap,

11  line, or buoy that is the property of any licenseholder,

12  without the permission of that licenseholder.

13         b.2.  The bartering, trading, or sale, or conspiring or

14  aiding in such barter, trade, or sale, or supplying, agreeing

15  to supply, aiding in supplying, or giving away stone crab trap

16  tags or certificates unless the action is duly authorized by

17  the commission as provided by commission rules.

18         c.3.  The making, altering, forging, counterfeiting, or

19  reproducing of stone crab trap tags.

20         d.4.  Possession of forged, counterfeit, or imitation

21  stone crab trap tags.

22         e.5.  Engaging in the commercial harvest of stone crabs

23  during the time either of the endorsements is under suspension

24  or revocation.

25         2.  Any commercial harvester who violates this

26  paragraph commits a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084.

28         3.  Any other person who violates this paragraph

29  commits a Level Four violation under s. 372.83.

30  

31  

                                  22

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  In addition, any commercial harvester person, firm, or

 2  corporation convicted of violating this paragraph shall also

 3  be assessed an administrative penalty of up to $5,000, and the

 4  incidental take endorsement and/or the stone crab endorsement

 5  under which the violation was committed may be suspended for

 6  up to 24 calendar months. Immediately upon receiving a

 7  citation involving a violation of this paragraph and until

 8  adjudicated for such a violation, or if convicted of such a

 9  violation, the person, firm, or corporation committing the

10  violation is prohibited from transferring any stone crab

11  certificates or endorsements.

12         (d)  For any commercial harvester person, firm, or

13  corporation convicted of fraudulently reporting the actual

14  value of transferred stone crab certificates, the commission

15  may automatically suspend or permanently revoke the seller's

16  or the purchaser's stone crab endorsements. If the endorsement

17  is permanently revoked, the commission shall also permanently

18  deactivate the endorsement holder's stone crab certificate

19  accounts. Whether an endorsement is suspended or revoked, the

20  commission may also levy a fine against the holder of the

21  endorsement of up to twice the appropriate surcharge to be

22  paid based on the fair market value of the transferred

23  certificates.

24         Section 11.  Subsection (1) of section 370.135, Florida

25  Statutes, is amended to read:

26         370.135  Blue crab; regulation.--

27         (1)(a)  No commercial harvester person, firm, or

28  corporation shall transport on the water, fish with or cause

29  to be fished with, set, or place any trap designed for taking

30  blue crabs unless such commercial harvester person, firm, or

31  corporation is the holder of a valid saltwater products

                                  23

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  license issued pursuant to s. 370.06 and the trap has a

 2  current state number permanently attached to the buoy. The

 3  trap number shall be affixed in legible figures at least 1

 4  inch high on each buoy used. The saltwater products license

 5  must be on board the boat, and both the license and the crabs

 6  shall be subject to inspection at all times. Only one trap

 7  number may be issued for each boat by the commission upon

 8  receipt of an application on forms prescribed by it. This

 9  subsection shall not apply to an individual fishing with no

10  more than five traps.

11         (b)  It is unlawful a felony of the third degree,

12  punishable as provided in s. 775.082, s. 775.083, or s.

13  775.084, for any person willfully to molest any blue crab

14  traps, lines, or buoys, as defined herein, belonging to

15  another without the express written consent of the trap owner.

16         1.  A commercial harvester who violates this paragraph

17  commits a felony of the third degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084.

19         2.  Any other person who violates this paragraph

20  commits a Level Four violation under s. 372.83.

21  

22  Any commercial harvester person receiving a judicial

23  disposition other than dismissal or acquittal on a charge of

24  willful molestation of a trap, in addition to the penalties

25  specified in s. 370.021, shall lose all saltwater fishing

26  privileges for a period of 24 calendar months.

27         (c)1.  It is unlawful for any person to remove the

28  contents of or take possession of another harvester's blue

29  crab trap without the express written consent of the trap

30  owner available for immediate inspection. Unauthorized

31  

                                  24

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  possession of another's trap gear or removal of trap contents

 2  constitutes theft.

 3         a.  Any commercial harvester person receiving a

 4  judicial disposition other than dismissal or acquittal on a

 5  charge of theft of or from a trap pursuant to this section or

 6  s. 370.1107 shall, in addition to the penalties specified in

 7  s. 370.021 and the provisions of this section, permanently

 8  lose all his or her saltwater fishing privileges, including

 9  any his or her saltwater products license and blue crab

10  endorsement. In such cases endorsements, landings history, and

11  trap certificates are nontransferable.

12         b.  In addition, any commercial harvester person, firm,

13  or corporation receiving a judicial disposition other than

14  dismissal or acquittal for violating this subsection or s.

15  370.1107 shall also be assessed an administrative penalty of

16  up to $5,000. Immediately upon receiving a citation for a

17  violation involving theft of or from a trap and until

18  adjudicated for such a violation, or receiving a judicial

19  disposition other than dismissal or acquittal for such a

20  violation, the commercial harvester person, firm, or

21  corporation committing the violation is prohibited from

22  transferring any blue crab endorsements, landings history, or

23  trap certificates.

24         2.  A commercial harvester who violates this paragraph

25  shall be punished under s. 370.021. Any other person who

26  violates this paragraph commits a Level Two violation under s.

27  372.83.

28         Section 12.  Section 370.14, Florida Statutes, is

29  amended to read:

30         370.14  Spiny lobster Crawfish; regulation.--

31  

                                  25

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (1)  It is the intent of the Legislature to maintain

 2  the spiny lobster crawfish industry for the economy of the

 3  state and to conserve the stocks supplying this industry.  The

 4  provisions of this act regulating the taking of spiny lobster

 5  saltwater crawfish are for the purposes of ensuring and

 6  maintaining the highest possible production of spiny lobster

 7  saltwater crawfish.

 8         (2)(a)1.  Each commercial harvester person taking or

 9  attempting to take spiny lobster crawfish with a trap in

10  commercial quantities or for commercial purposes shall obtain

11  and exhibit a spiny lobster crawfish trap number, as required

12  by the Fish and Wildlife Conservation Commission. The annual

13  fee for a spiny lobster crawfish trap number is $125. This

14  trap number may be issued by the commission upon the receipt

15  of application by the commercial harvester person when

16  accompanied by the payment of the fee. The design of the

17  applications and of the trap number shall be determined by the

18  commission. Any trap or device used in taking or attempting to

19  take spiny lobster crawfish, other than a trap with the trap

20  number, shall be seized and destroyed by the commission. The

21  proceeds of the fees imposed by this paragraph shall be

22  deposited and used as provided in paragraph (b). The

23  commission may adopt rules to carry out the intent of this

24  section.

25         2.  Each commercial harvester person taking or

26  attempting to take spiny lobster crawfish in commercial

27  quantities or for commercial purposes by any method, other

28  than with a trap having a spiny lobster crawfish trap number

29  issued by the commission, must pay an annual fee of $100.

30         (b)  Twenty-five dollars of the $125 fee for a spiny

31  lobster crawfish trap number required under subparagraph (a)1.

                                  26

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  must be used only for trap retrieval as provided in s.

 2  370.143.  The remainder of the fees collected pursuant to

 3  paragraph (a) shall be deposited as follows:

 4         1.  Fifty percent of the fees collected shall be

 5  deposited in the Marine Resources Conservation Trust Fund for

 6  use in enforcing the provisions of paragraph (a) through

 7  aerial and other surveillance and trap retrieval.

 8         2.  Fifty percent of the fees collected shall be

 9  deposited as provided in s. 370.142(5).

10         (3)  The spiny lobster crawfish license must be on

11  board the boat, and both the license and the harvested spiny

12  lobster crawfish shall be subject to inspection at all times.

13  Only one license shall be issued for each boat. The spiny

14  lobster crawfish license number must be prominently displayed

15  above the topmost portion of the boat so as to be easily and

16  readily identified.

17         (4)(a)  It is unlawful a felony of the third degree,

18  punishable as provided in s. 775.082 or s. 775.083, for any

19  person willfully to molest any spiny lobster crawfish traps,

20  lines, or buoys belonging to another without permission of the

21  licenseholder.

22         (b)  A commercial harvester who violates this

23  subsection commits a felony of the third degree, punishable as

24  provided in s. 775.082 or s. 775.083. Any other person who

25  violates this subsection commits a Level Four violation under

26  s. 372.83.

27         (5)  Any spiny lobster crawfish licenseholder, upon

28  selling licensed spiny lobster crawfish traps, shall furnish

29  the commission notice of such sale of all or part of his or

30  her interest within 15 days thereof.  Any holder of said

31  license shall also notify the commission within 15 days if his

                                  27

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  or her address no longer conforms to the address appearing on

 2  the license and shall, as a part of such notification, furnish

 3  the commission with his or her new address.

 4         (6)(a)  By a special permit granted by the commission,

 5  a Florida-licensed seafood dealer may lawfully import,

 6  process, and package spiny lobster saltwater crawfish or

 7  uncooked tails of the species Panulirus argus during the

 8  closed season. However, spiny lobster crawfish landed under

 9  special permit shall not be sold in the state.

10         (b)  The licensed seafood dealer importing any such

11  spiny lobster crawfish under the permit shall, 12 hours prior

12  to the time the seagoing vessel or airplane delivering such

13  imported spiny lobster crawfish enters the state, notify the

14  commission as to the seagoing vessel's name or the airplane's

15  registration number and its captain, location, and point of

16  destination.

17         (c)  At the time the spiny lobster crawfish cargo is

18  delivered to the permitholder's place of business, the spiny

19  lobster crawfish cargo shall be weighed and shall be available

20  for inspection by the commission. A signed receipt of such

21  quantity in pounds shall be forwarded to the commission within

22  48 hours after shipment weigh-in completion. If requested by

23  the commission, the weigh-in process will be delayed up to 4

24  hours to allow for a commission representative to be present

25  during the process.

26         (d)  Within 48 hours after shipment weigh-in

27  completion, the permitholder shall submit to the commission,

28  on forms provided by the commission, a sworn report of the

29  quantity in pounds of the spiny lobster saltwater crawfish

30  received, which report shall include the location of said

31  spiny lobster crawfish and a sworn statement that said spiny

                                  28

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  lobster crawfish were taken at least 50 miles from Florida's

 2  shoreline.  The landing of spiny lobster crawfish or spiny

 3  lobster crawfish tails from which the eggs, swimmerettes, or

 4  pleopods have been removed; the falsification of information

 5  as to area from which spiny lobster crawfish were obtained; or

 6  the failure to file the report called for in this section

 7  shall be grounds to revoke the permit.

 8         (e)  Each permitholder shall keep throughout the period

 9  of the closed season copies of the bill of sale or invoices

10  covering each transaction involving spiny lobster crawfish

11  imported under this permit. Such invoices and bills shall be

12  kept available at all times for inspection by the commission.

13         (7)(a)  A Florida-licensed seafood dealer may obtain a

14  special permit to import, process, and package uncooked tails

15  of spiny lobster saltwater crawfish upon the payment of the

16  sum of $100 to the commission.

17         (b)  A special permit must be obtained by any airplane

18  or seagoing vessel other than a common carrier used to

19  transport spiny lobster saltwater crawfish or spiny lobster

20  crawfish tails for purchase by licensed seafood dealers for

21  purposes as provided herein upon the payment of $50.

22         (c)  All special permits issued under this subsection

23  are nontransferable.

24         (8)  No common carrier or employee of said carrier may

25  carry, knowingly receive for carriage, or permit the carriage

26  of any spiny lobster crawfish of the species Panulirus argus,

27  regardless of where taken, during the closed season, except of

28  the species Panulirus argus lawfully imported from a foreign

29  country for reshipment outside of the territorial limits of

30  the state under United States Customs bond or in accordance

31  with paragraph (7)(a).

                                  29

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         Section 13.  Paragraph (c) of subsection (2) of section

 2  370.142, Florida Statutes, is amended to read:

 3         370.142  Spiny lobster trap certificate program.--

 4         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

 5  PENALTIES.--The Fish and Wildlife Conservation Commission

 6  shall establish a trap certificate program for the spiny

 7  lobster fishery of this state and shall be responsible for its

 8  administration and enforcement as follows:

 9         (c)  Prohibitions; penalties.--

10         1.  It is unlawful for a person to possess or use a

11  spiny lobster trap in or on state waters or adjacent federal

12  waters without having affixed thereto the trap tag required by

13  this section.  It is unlawful for a person to possess or use

14  any other gear or device designed to attract and enclose or

15  otherwise aid in the taking of spiny lobster by trapping that

16  is not a trap as defined by commission rule in rule

17  68B-24.006(2), Florida Administrative Code.

18         2.  It is unlawful for a person to possess or use spiny

19  lobster trap tags without having the necessary number of

20  certificates on record as required by this section.

21         3.  It is unlawful for any person to willfully molest,

22  take possession of, or remove the contents of another

23  harvester's spiny lobster trap without the express written

24  consent of the trap owner available for immediate inspection.

25  Unauthorized possession of another's trap gear or removal of

26  trap contents constitutes theft.

27         a.  A commercial harvester who violates this

28  subparagraph shall be punished under ss. 370.021 and 370.14.

29  Any commercial harvester person receiving a judicial

30  disposition other than dismissal or acquittal on a charge of

31  theft of or from a trap pursuant to this subparagraph or s.

                                  30

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  370.1107 shall, in addition to the penalties specified in ss.

 2  370.021 and 370.14 and the provisions of this section,

 3  permanently lose all his or her saltwater fishing privileges,

 4  including his or her saltwater products license, spiny lobster

 5  crawfish endorsement, and all trap certificates allotted to

 6  him or her through this program. In such cases, trap

 7  certificates and endorsements are nontransferable.

 8         b.  Any commercial harvester person receiving a

 9  judicial disposition other than dismissal or acquittal on a

10  charge of willful molestation of a trap, in addition to the

11  penalties specified in ss. 370.021 and 370.14, shall lose all

12  saltwater fishing privileges for a period of 24 calendar

13  months.

14         c.  In addition, any commercial harvester person, firm,

15  or corporation charged with violating this paragraph and

16  receiving a judicial disposition other than dismissal or

17  acquittal for violating this subparagraph or s. 370.1107 shall

18  also be assessed an administrative penalty of up to $5,000.

19  

20  Immediately upon receiving a citation for a violation

21  involving theft of or from a trap, or molestation of a trap,

22  and until adjudicated for such a violation or, upon receipt of

23  a judicial disposition other than dismissal or acquittal of

24  such a violation, the person, firm, or corporation committing

25  the violation is prohibited from transferring any spiny

26  lobster crawfish trap certificates and endorsements.

27         4.  In addition to any other penalties provided in s.

28  370.021, a commercial harvester, as defined by rule

29  68B-24.002(1), Florida Administrative Code, who violates the

30  provisions of this section, or commission rules the provisions

31  

                                  31

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  relating to spiny lobster traps of chapter 68B-24, Florida

 2  Administrative Code, shall be punished as follows:

 3         a.  If the first violation is for violation of

 4  subparagraph 1. or subparagraph 2., the commission shall

 5  assess an additional administrative civil penalty of up to

 6  $1,000 and the spiny lobster crawfish trap number issued

 7  pursuant to s. 370.14(2) or (6) may be suspended for the

 8  remainder of the current license year. For all other first

 9  violations, the commission shall assess an additional

10  administrative civil penalty of up to $500.

11         b.  For a second violation of subparagraph 1. or

12  subparagraph 2. which occurs within 24 months of any previous

13  such violation, the commission shall assess an additional

14  administrative civil penalty of up to $2,000 and the spiny

15  lobster crawfish trap number issued pursuant to s. 370.14(2)

16  or (6) may be suspended for the remainder of the current

17  license year.

18         c.  For a third or subsequent violation of subparagraph

19  1., subparagraph 2., or subparagraph 3. which occurs within 36

20  months of any previous two such violations, the commission

21  shall assess an additional administrative civil penalty of up

22  to $5,000 and may suspend the spiny lobster crawfish trap

23  number issued pursuant to s. 370.14(2) or (6) for a period of

24  up to 24 months or may revoke the spiny lobster crawfish trap

25  number and, if revoking the spiny lobster crawfish trap

26  number, may also proceed against the licenseholder's saltwater

27  products license in accordance with the provisions of s.

28  370.021(2)(h).

29         d.  Any person assessed an additional administrative

30  civil penalty pursuant to this section shall within 30

31  calendar days after notification:

                                  32

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (I)  Pay the administrative civil penalty to the

 2  commission; or

 3         (II)  Request an administrative hearing pursuant to the

 4  provisions of ss. 120.569 and 120.57 s. 120.60.

 5         e.  The commission shall suspend the spiny lobster

 6  crawfish trap number issued pursuant to s. 370.14(2) or (6)

 7  for any person failing to comply with the provisions of

 8  sub-subparagraph d.

 9         5.a.  It is unlawful for any person to make, alter,

10  forge, counterfeit, or reproduce a spiny lobster trap tag or

11  certificate.

12         b.  It is unlawful for any person to knowingly have in

13  his or her possession a forged, counterfeit, or imitation

14  spiny lobster trap tag or certificate.

15         c.  It is unlawful for any person to barter, trade,

16  sell, supply, agree to supply, aid in supplying, or give away

17  a spiny lobster trap tag or certificate or to conspire to

18  barter, trade, sell, supply, aid in supplying, or give away a

19  spiny lobster trap tag or certificate unless such action is

20  duly authorized by the commission as provided in this chapter

21  or in the rules of the commission.

22         6.a.  Any commercial harvester person who violates the

23  provisions of subparagraph 5., or any commercial harvester

24  person who engages in the commercial harvest, trapping, or

25  possession of spiny lobster without a spiny lobster crawfish

26  trap number as required by s. 370.14(2) or (6) or during any

27  period while such spiny lobster crawfish trap number is under

28  suspension or revocation, commits a felony of the third

29  degree, punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.

31  

                                  33

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         b.  In addition to any penalty imposed pursuant to

 2  sub-subparagraph a., the commission shall levy a fine of up to

 3  twice the amount of the appropriate surcharge to be paid on

 4  the fair market value of the transferred certificates, as

 5  provided in subparagraph (a)1., on any commercial harvester

 6  person who violates the provisions of sub-subparagraph 5.c.

 7         c.  Any other person who violates the provisions of

 8  subparagraph 5. commits a Level Four violation under s.

 9  372.83.

10         7.  Any certificates for which the annual certificate

11  fee is not paid for a period of 3 years shall be considered

12  abandoned and shall revert to the commission. During any

13  period of trap reduction, any certificates reverting to the

14  commission shall become permanently unavailable and be

15  considered in that amount to be reduced during the next

16  license-year period. Otherwise, any certificates that revert

17  to the commission are to be reallotted in such manner as

18  provided by the commission.

19         8.  The proceeds of all civil penalties collected

20  pursuant to subparagraph 4. and all fines collected pursuant

21  to sub-subparagraph 6.b. shall be deposited into the Marine

22  Resources Conservation Trust Fund.

23         9.  All traps shall be removed from the water during

24  any period of suspension or revocation.

25         10.  Except as otherwise provided, any person who

26  violates this paragraph commits a Level Two violation under s.

27  372.83.

28         Section 14.  Paragraph (q) is added to subsection (2)

29  of section 372.562, Florida Statutes, to read:

30         372.562  Recreational licenses and permits; exemptions

31  from fees and requirements.--

                                  34

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (2)  A hunting, freshwater fishing, or saltwater

 2  fishing license or permit is not required for:

 3         (q)  Any resident who holds a valid commercial fishing

 4  license issued under s. 372.65(1)(a).

 5         Section 15.  Subsections (4), (8), (11), and (12) of

 6  section 372.57, Florida Statutes, are amended, and subsections

 7  (16) and (17) are added to that section, to read:

 8         372.57  Recreational licenses, permits, and

 9  authorization numbers; fees established.--

10         (4)  RESIDENT HUNTING AND FISHING LICENSES.--The

11  licenses and fees for residents participating in hunting and

12  fishing activities in this state are as follows:

13         (a)  Annual freshwater fishing license, $12.

14         (b)  Annual saltwater fishing license, $12.

15         (c)  Annual hunting license to take game, $11.

16         (d)  Annual combination hunting and freshwater fishing

17  license, $22.

18         (e)  Annual combination freshwater fishing and

19  saltwater fishing license, $24.

20         (f)  Annual combination hunting, freshwater fishing,

21  and saltwater fishing license, $34.

22         (g)  Annual license to take fur-bearing animals, $25.

23  However, a resident with a valid hunting license or a no-cost

24  license who is taking fur-bearing animals for noncommercial

25  purposes using guns or dogs only, and not traps or other

26  devices, is not required to purchase this license.  Also, a

27  resident 65 years of age or older is not required to purchase

28  this license.

29         (h)  Annual sportsman's license, $71 $66 except that an

30  annual sportsman's license for a resident 64 years of age or

31  older is $12. A sportsman's license authorizes the person to

                                  35

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  whom it is issued to take game and freshwater fish, subject to

 2  the state and federal laws, rules, and regulations, including

 3  rules of the commission, in effect at the time of the taking.

 4  Other authorized activities include activities authorized by a

 5  management area permit, a muzzle-loading gun season permit, a

 6  crossbow season permit, a turkey permit, a Florida waterfowl

 7  permit, and an archery season permit.

 8         (i)  Annual gold sportsman's license, $87 $82. The gold

 9  sportsman's license authorizes the person to whom it is issued

10  to take freshwater fish, saltwater fish, and game, subject to

11  the state and federal laws, rules, and regulations, including

12  rules of the commission, in effect at the time of taking.

13  Other authorized activities include activities authorized by a

14  management area permit, a muzzle-loading gun season permit, a

15  crossbow season permit, a turkey permit, a Florida waterfowl

16  permit, an archery season permit, a snook permit, and a spiny

17  lobster crawfish permit.

18         (j)  Annual military gold sportsman's license, $18.50.

19  The gold sportsman's license authorizes the person to whom it

20  is issued to take freshwater fish, saltwater fish, and game,

21  subject to the state and federal laws, rules, and regulations,

22  including rules of the commission, in effect at the time of

23  taking. Other authorized activities include activities

24  authorized by a management area permit, a muzzle-loading gun

25  season permit, a crossbow season permit, a turkey permit, a

26  Florida waterfowl permit, an archery season permit, a snook

27  permit, and a spiny lobster crawfish permit. Any resident who

28  is an active or retired member of the United States Armed

29  Forces, the United States Armed Forces Reserve, the National

30  Guard, the United States Coast Guard, or the United States

31  Coast Guard Reserve is eligible to purchase the military gold

                                  36

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  sportsman's license upon submission of a current military

 2  identification card.

 3         (8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL

 4  ACTIVITY PERMITS.--In addition to any license required under

 5  this chapter, the following permits and fees for specified

 6  hunting, fishing, and recreational uses and activities are

 7  required:

 8         (a)  An annual Florida waterfowl permit for a resident

 9  or nonresident to take wild ducks or geese within the state or

10  its coastal waters is $3.

11         (b)1.  An annual Florida turkey permit for a resident

12  to take wild turkeys within the state is $5.

13         2.  An annual Florida turkey permit for a nonresident

14  to take wild turkeys within the state is $100.

15         (c)  An annual snook permit for a resident or

16  nonresident to take or possess any snook from any waters of

17  the state is $2.  Revenue generated from the sale of snook

18  permits shall be used exclusively for programs to benefit the

19  snook population.

20         (d)  An annual spiny lobster crawfish permit for a

21  resident or nonresident to take or possess any spiny lobster

22  crawfish for recreational purposes from any waters of the

23  state is $2.  Revenue generated from the sale of spiny lobster

24  crawfish permits shall be used exclusively for programs to

25  benefit the spiny lobster crawfish population.

26         (e)  A $5 fee is imposed for each of the following

27  permits:

28         1.  An annual archery season permit for a resident or

29  nonresident to hunt within the state during any archery season

30  authorized by the commission.

31  

                                  37

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         2.  An annual crossbow season permit for a resident or

 2  nonresident to hunt within the state during any crossbow

 3  season authorized by the commission.

 4         3.  An annual muzzle-loading gun season permit for a

 5  resident or nonresident to hunt within the state during any

 6  with a muzzle-loading gun season is $5. Hunting with a

 7  muzzle-loading gun is limited to game seasons in which hunting

 8  with a modern firearm is not authorized by the commission.

 9         (f)  An annual archery permit for a resident or

10  nonresident to hunt within the state with a bow and arrow is

11  $5.  Hunting with an archery permit is limited to those game

12  seasons in which hunting with a firearm is not authorized by

13  the commission.

14         (f)(g)  A special use permit for a resident or

15  nonresident to participate in limited entry hunting or fishing

16  activities as authorized by commission rule shall not exceed

17  $100 per day or $250 per week.  Notwithstanding any other

18  provision of this chapter, there are no exclusions,

19  exceptions, or exemptions from this permit fee.  In addition

20  to the permit fee, the commission may charge each special use

21  permit applicant a nonrefundable application fee not to exceed

22  $10.

23         (g)(h)1.  A management area permit for a resident or

24  nonresident to hunt on, fish on, or otherwise use for outdoor

25  recreational purposes land owned, leased, or managed by the

26  commission, or by the state for the use and benefit of the

27  commission, shall not exceed $25 per year.

28         2.  Permit fees for short-term use of land that is

29  owned, leased, or managed by the commission may be established

30  by rule of the commission for activities on such lands.  Such

31  

                                  38

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  permits may be in lieu of, or in addition to, the annual

 2  management area permit authorized in subparagraph 1.

 3         3.  Other than for hunting or fishing, the provisions

 4  of this paragraph shall not apply on any lands not owned by

 5  the commission, unless the commission has obtained the written

 6  consent of the owner or primary custodian of such lands.

 7         (h)(i)1.  A recreational user permit is required to

 8  hunt on, fish on, or otherwise use for outdoor recreational

 9  purposes land leased by the commission from private

10  nongovernmental owners, except for those lands located

11  directly north of the Apalachicola National Forest, east of

12  the Ochlocknee River until the point the river meets the dam

13  forming Lake Talquin, and south of the closest federal

14  highway. The fee for a recreational user permit shall be based

15  upon the economic compensation desired by the landowner, game

16  population levels, desired hunter density, and administrative

17  costs. The permit fee shall be set by commission rule on a

18  per-acre basis. The recreational user permit fee, less

19  administrative costs of up to $25 per permit, shall be

20  remitted to the landowner as provided in the lease agreement

21  for each area.

22         2.  One minor dependent, 16 years of age or younger,

23  may hunt under the supervision of the permittee and is exempt

24  from the recreational user permit requirements.  The spouse

25  and dependent children of a permittee are exempt from the

26  recreational user permit requirements when engaged in outdoor

27  recreational activities other than hunting and when

28  accompanied by a permittee.  Notwithstanding any other

29  provision of this chapter, no other exclusions, exceptions, or

30  exemptions from the recreational user permit fee are

31  authorized.

                                  39

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (11)  RESIDENT LIFETIME HUNTING LICENSES.--

 2         (a)  Lifetime hunting licenses are available to

 3  residents only, as follows, for:

 4         1.  Persons 4 years of age or younger, for a fee of

 5  $200.

 6         2.  Persons 5 years of age or older, but under 13 years

 7  of age, for a fee of $350.

 8         3.  Persons 13 years of age or older, for a fee of

 9  $500.

10         (b)  The following activities are authorized by the

11  purchase of a lifetime hunting license:

12         1.  Taking, or attempting to take or possess, game

13  consistent with the state and federal laws and regulations and

14  rules of the commission in effect at the time of the taking.

15         2.  All activities authorized by a muzzle-loading gun

16  season permit, a crossbow season permit, a turkey permit, an

17  archery season permit, a Florida waterfowl permit, and a

18  management area permit, excluding fishing.

19         (12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--

20         (a)  Lifetime sportsman's licenses are available to

21  residents only, as follows, for:

22         1.  Persons 4 years of age or younger, for a fee of

23  $400.

24         2.  Persons 5 years of age or older, but under 13 years

25  of age, for a fee of $700.

26         3.  Persons 13 years of age or older, for a fee of

27  $1,000.

28         (b)  The following activities are authorized by the

29  purchase of a lifetime sportsman's license:

30         1.  Taking, or attempting to take or possess,

31  freshwater and saltwater fish, and game, consistent with the

                                  40

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  state and federal laws and regulations and rules of the

 2  commission in effect at the time of taking.

 3         2.  All activities authorized by a management area

 4  permit, a muzzle-loading gun season permit, a crossbow season

 5  permit, a turkey permit, an archery season permit, a Florida

 6  waterfowl permit, a snook permit, and a spiny lobster crawfish

 7  permit.

 8         (16)  PROHIBITED LICENSES OR PERMITS.--A person may not

 9  make, forge, counterfeit, or reproduce a license or permit

10  required under this section, except for those persons

11  authorized by the commission to make or reproduce such a

12  license or permit.  A person may not knowingly possess a

13  forgery, counterfeit, or unauthorized reproduction of such a

14  license or permit. A person who violates this subsection

15  commits a Level Four violation under s. 372.83.

16         (17)  SUSPENDED OR REVOKED LICENSES.--A person may not

17  take game, freshwater fish, saltwater fish, or fur-bearing

18  animals within this state if a license issued to such person

19  as required under this section or a privilege granted to such

20  person under s. 372.562 is suspended or revoked.  A person who

21  violates this subsection commits a Level Three violation under

22  s. 372.83.

23         Section 16.  Subsection (5) of section 372.5704,

24  Florida Statutes, is amended to read:

25         372.5704  Fish and Wildlife Conservation Commission

26  license program for tarpon; fees; penalties.--

27         (5)  Any individual including a taxidermist who

28  possesses a tarpon which does not have a tag securely attached

29  as required by this section commits a Level Two violation

30  under s. 372.83 shall be subject to penalties as prescribed in

31  s. 370.021. Provided, however, a taxidermist may remove the

                                  41

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  tag during the process of mounting a tarpon. The removed tag

 2  shall remain with the fish during any subsequent storage or

 3  shipment.

 4         Section 17.  Section 372.571, Florida Statutes, is

 5  amended to read:

 6         372.571  Expiration of licenses and permits.--Each

 7  license or permit issued under this chapter must be dated when

 8  issued. Each license or permit issued under this chapter

 9  remains valid for 12 months after the date of issuance, except

10  for a lifetime license issued pursuant to s. 372.57 which is

11  valid from the date of issuance until the death of the

12  individual to whom the license is issued unless otherwise

13  revoked in accordance with s. 372.99, or a 5-year license

14  issued pursuant to s. 372.57 which is valid for 5 consecutive

15  years from the date of purchase unless otherwise revoked in

16  accordance with s. 372.99, or a license issued pursuant to s.

17  372.57(5)(a), (b), (c), or (f) or (8)(f) (8)(g) or (g)(h)2.,

18  which is valid for the period specified on the license.  A

19  resident lifetime license or a resident 5-year license that

20  has been purchased by a resident of this state and who

21  subsequently resides in another state shall be honored for

22  activities authorized by that license.

23         Section 18.  Section 372.5717, Florida Statutes, is

24  amended to read:

25         372.5717  Hunter safety course; requirements;

26  penalty.--

27         (1)  This section may be cited as the Senator Joe

28  Carlucci Hunter Safety Act.

29         (2)(a)  Except as provided in paragraph (b), a person

30  born on or after June 1, 1975, may not be issued a license to

31  take wild animal life with the use of a firearm, gun, bow, or

                                  42

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  crossbow in this state without having first successfully

 2  completed a hunter safety course as provided in this section,

 3  and without having in his or her personal possession a hunter

 4  safety certification card, as provided in this section.

 5         (b)  A person born on or after June 1, 1975, who has

 6  not successfully completed a hunter safety course may apply to

 7  the commission for a special authorization to hunt under

 8  supervision. The special authorization for supervised hunting

 9  shall be designated on any license or permit required under

10  this chapter for a person to take game or fur-bearing animals,

11  and shall be valid for not more than 1 year. A special

12  authorization for supervised hunting may not be issued more

13  than once to the person applying for such authorization.  A

14  person issued a license with a special authorization to hunt

15  under supervision must hunt under the supervision of, and in

16  the presence of, a person 21 years or age or older who is

17  licensed to hunt pursuant to s. 372.57 or who is exempt from

18  licensing requirements or eligible for a free license pursuant

19  to s. 372.562.

20         (3)  The Fish and Wildlife Conservation Commission

21  shall institute and coordinate a statewide hunter safety

22  course that which must be offered in every county and consist

23  of not less than 12 hours nor more than 16 hours of

24  instruction including, but not limited to, instruction in the

25  competent and safe handling of firearms, conservation, and

26  hunting ethics.

27         (4)  The commission shall issue a permanent hunter

28  safety certification card to each person who successfully

29  completes the hunter safety course.  The commission shall

30  maintain records of hunter safety certification cards issued

31  

                                  43

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  and shall establish procedures for replacing lost or destroyed

 2  cards.

 3         (5)  A hunter safety certification card issued by a

 4  wildlife agency of another state, or any Canadian province,

 5  which shows that the holder of the card has successfully

 6  completed a hunter safety course approved by the commission is

 7  an acceptable substitute for the hunter safety certification

 8  card issued by the commission.

 9         (6)  All persons subject to the requirements of

10  subsection (2) must have in their personal possession, proof

11  of compliance with this section, while taking or attempting to

12  take wildlife with the use of a firearm, gun, bow, or crossbow

13  and must, unless the requirement to complete a hunter safety

14  course is deferred pursuant to this section, display a valid

15  hunter safety certification card to county tax collectors or

16  their subagents in order to purchase a Florida hunting

17  license. After the issuance of such a license, the license

18  itself shall serve as proof of compliance with this section. A

19  holder of a lifetime license whose license does not indicate

20  on the face of the license that a hunter safety course has

21  been completed must have in his or her personal possession a

22  hunter safety certification card, as provided by this section,

23  while attempting to take wild animal life with the use of a

24  firearm, gun, bow, or crossbow.

25         (7)  The hunter safety requirements of this section do

26  not apply to persons for whom licenses are not required under

27  s. 372.562(2).

28         (8)  A person who violates this section commits a Level

29  One violation under s. 372.83 shall be cited for a noncriminal

30  infraction, punishable as provided in s. 372.711.

31  

                                  44

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         Section 19.  Section 372.573, Florida Statutes, is

 2  amended to read:

 3         372.573  Management area permit revenues.--The

 4  commission shall expend the revenue generated from the sale of

 5  the management area permit as provided for in s. 372.57(8)(g)

 6  s. 372.57(8)(h) or that pro rata portion of any license that

 7  includes management area privileges as provided for in s.

 8  372.57(4)(h), (i), and (j) for the lease, management, and

 9  protection of lands for public hunting, fishing, and other

10  outdoor recreation.

11         Section 20.  Section 372.83, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section. See

14         s. 372.83, F.S., for present text.)

15         372.83  Penalties and violations; civil penalties for

16  noncriminal infractions; criminal penalties; suspension and

17  forfeiture of licenses and permits.--

18         (1)(a)  LEVEL ONE VIOLATIONS.--A person commits a Level

19  One violation if he or she violates any of the following

20  provisions:

21         1.  Rules or orders of the commission relating to the

22  filing of reports or other documents required to be filed by

23  persons who hold recreational licenses and permits issued by

24  the commission.

25         2.  Rules or orders of the commission relating to quota

26  hunt permits, daily use permits, hunting zone assignments,

27  camping, alcoholic beverages, vehicles, and check stations

28  within wildlife management areas or other areas managed by the

29  commission.

30         3.  Rules or orders of the commission relating to daily

31  use permits, alcoholic beverages, swimming, possession of

                                  45

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  firearms, operation of vehicles, and watercraft speed within

 2  fish management areas managed by the commission.

 3         4.  Rules or orders of the commission relating to

 4  vessel size or specifying motor restrictions on specified

 5  water bodies.

 6         5.  Section 370.063, providing for special recreational

 7  spiny lobster licenses.

 8         6.  Subsections (1) through (15) of s. 372.57,

 9  providing for recreational licenses to hunt, fish, and trap.

10         7.  Section 372.5717, providing hunter safety course

11  requirements.

12         8.  Section 372.988, prohibiting deer hunting unless

13  required clothing is worn.

14         (b)  A person who commits a Level One violation commits

15  a noncriminal infraction and shall be cited to appear before

16  the county court.

17         (c)1.  The civil penalty for committing a Level One

18  violation involving the license and permit requirements of s.

19  372.57 is $50 plus the cost of the license or permit, unless

20  subparagraph 2. applies.

21         2.  The civil penalty for committing a Level One

22  violation involving the license and permit requirements of s.

23  372.57 is $100 plus the cost of the license or permit, if the

24  person cited has previously committed the same Level One

25  violation within the preceding 36 months.

26         (d)1.  The civil penalty for any other Level One

27  violation is $50 unless subparagraph 2. applies.

28         2.  The civil penalty for any other Level One violation

29  is $100 if the person cited has previously committed the same

30  Level One violation within the preceding 36 months.

31  

                                  46

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (e)  A person cited for a Level One violation shall

 2  sign and accept a citation to appear before the county

 3  court.  The issuing officer may indicate on the citation the

 4  time and location of the scheduled hearing and shall indicate

 5  the applicable civil penalty.

 6         (f)  A person cited for a Level One violation may pay

 7  the civil penalty by mail or in person within 30 days after

 8  receipt of the citation.  If the civil penalty is paid, the

 9  person shall be deemed to have admitted committing the Level

10  One violation and to have waived his or her right to a hearing

11  before the county court. Such admission may not be used as

12  evidence in any other proceedings except to determine the

13  appropriate fine for any subsequent violations.

14         (g)  A person who refuses to accept a citation, who

15  fails to pay the civil penalty for a Level One violation, or

16  who fails to appear before a county court as required commits

17  a misdemeanor of the second degree, punishable as provided in

18  s. 775.082 or s. 775.083.

19         (h)  A person who elects to appear before the county

20  court or who is required to appear before the county court

21  shall be deemed to have waived the limitations on civil

22  penalties provided under paragraphs (c) and (d). After a

23  hearing, the county court shall determine if a Level One

24  violation has been committed, and if so, may impose a civil

25  penalty of not less than $50 for a first-time violation, and

26  not more than $500 for subsequent violations. A person found

27  guilty of committing a Level One violation may appeal that

28  finding to the circuit court.  The commission of a violation

29  must be proved beyond a reasonable doubt.

30         (i)  A person cited for violating the requirements of

31  s. 372.57 relating to personal possession of a license or

                                  47

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  permit may not be convicted if, prior to or at the time of a

 2  county court hearing, the person produces the required license

 3  or permit for verification by the hearing officer or the court

 4  clerk.  The license or permit must have been valid at the time

 5  the person was cited.  The clerk or hearing officer may assess

 6  a $5 fee for costs under this paragraph.

 7         (2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level

 8  Two violation if he or she violates any of the following

 9  provisions:

10         1.  Rules or orders of the commission relating to

11  seasons or time periods for the taking of wildlife, freshwater

12  fish, or saltwater fish.

13         2.  Rules or orders of the commission establishing bag,

14  possession, or size limits or restricting methods of taking

15  wildlife, freshwater fish, or saltwater fish.

16         3.  Rules or orders of the commission prohibiting

17  access or otherwise relating to access to wildlife management

18  areas or other areas managed by the commission.

19         4.  Rules or orders of the commission relating to the

20  feeding of wildlife, freshwater fish, or saltwater fish.

21         5.  Rules or orders of the commission relating to

22  landing requirements for freshwater fish or saltwater fish.

23         6.  Rules or orders of the commission relating to

24  restricted hunting areas, critical wildlife areas, or bird

25  sanctuaries.

26         7.  Rules or orders of the commission relating to

27  tagging requirements for game and fur-bearing animals.

28         8.  Rules or orders of the commission relating to the

29  use of dogs for the taking of game.

30         9.  Rules or orders of the commission which are not

31  otherwise classified.

                                  48

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         10.  All prohibitions in chapter 370 which are not

 2  otherwise classified.

 3         11.  Section 370.028, prohibiting the violation of or

 4  noncompliance with commission rules.

 5         12.  Subsection 370.021(6) prohibiting the sale,

 6  purchase, harvest, or attempted harvest of any saltwater

 7  product with intent to sell.

 8         13.  Section 370.08, prohibiting the obstruction of

 9  waterways with net gear.

10         14.  Section 370.1105, prohibiting the unlawful use of

11  finfish traps.

12         15.  Section 370.1121, prohibiting the unlawful taking

13  of bonefish.

14         16.  Paragraphs 370.13(2)(a) and (b), prohibiting the

15  possession or use of stone crab traps without trap tags and

16  theft of trap contents or gear.

17         17.  Paragraph 370.135(1)(c), prohibiting the theft of

18  blue crab trap contents or trap gear.

19         18.  Paragraph 370.142 (2)(c), prohibiting the

20  possession or use of spiny lobster traps without trap tags or

21  certificates and theft of trap contents or trap gear.

22         19.  Section 372.5704, prohibiting the possession of

23  tarpon without purchasing a tarpon tag.

24         20.  Section 372.667, prohibiting the feeding or

25  enticement of alligators or crocodiles.

26         21.  Section 372.705, prohibiting the intentional

27  harassment of hunters, fishers, or trappers.

28         (b)1.  A person who commits a Level Two violation but

29  who has not been convicted of a Level Two or higher violation

30  within the past 3 years commits a misdemeanor of the second

31  degree, punishable as provided in s. 775.082 or s. 775.083.

                                  49

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         2.  Unless the stricter penalties in subparagraph 3. or

 2  subparagraph 4. apply, a person who commits a Level Two

 3  violation within 3 years after a previous conviction for a

 4  Level Two or higher violation commits a misdemeanor of the

 5  first degree, punishable as provided in s. 775.082 or s.

 6  775.083, with a minimum mandatory fine of $250.

 7         3.  Unless the stricter penalties in subparagraph 4.

 8  apply, a person who commits a Level Two violation within 5

 9  years after two previous convictions for a Level Two or higher

10  violation, commits a misdemeanor of the first degree,

11  punishable as provided in s. 775.082 or s. 775.083, with a

12  minimum mandatory fine of $500 and a suspension of any

13  recreational license or permit issued under s. 372.57 for 1

14  year. Such suspension shall include the suspension of the

15  privilege to obtain such license or permit and the suspension

16  of the ability to exercise any privilege granted under any

17  exemption in s. 372.562.

18         4.  A person who commits a Level Two violation within

19  10 years after three previous convictions for a Level Two or

20  higher violation commits a misdemeanor of the first degree,

21  punishable as provided in s. 775.082 or s. 775.083, with a

22  minimum mandatory fine of $750 and a suspension of any

23  recreational license or permit issued under s. 372.57 for 3

24  years.  Such suspension shall include the suspension of the

25  privilege to obtain such license or permit and the suspension

26  of the ability to exercise any privilege granted under s.

27  372.562. If the recreational license or permit being suspended

28  was an annual license or permit, any privileges under ss.

29  372.562 and 372.57 may not be acquired for a 3-year period

30  following the date of the violation.

31  

                                  50

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (3)(a)  LEVEL THREE VIOLATIONS.--A person commits a

 2  Level Three violation if he or she violates any of the

 3  following provisions:

 4         1.  Rules or orders of the commission prohibiting the

 5  sale of saltwater fish.

 6         2.  Subsection 370.021(2), establishing major

 7  violations.

 8         3.  Subsection 370.021(4), prohibiting the possession

 9  of certain finfish in excess of recreational daily bag limits.

10         4.  Section 370.081, prohibiting the illegal

11  importation or possession of exotic marine plants or animals.

12         5.  Section 372.26, prohibiting the importation of

13  freshwater fish.

14         6.  Section 372.265, prohibiting the importation of

15  nonindigenous species of the animal kingdom without a permit

16  issued by the commission.

17         7.  Subsection 372.57(17), prohibiting the taking of

18  game, freshwater fish, or saltwater fish while a required

19  license is suspended or revoked.

20         8.  Section 372.662, prohibiting the illegal sale or

21  possession of alligators.

22         9.  Subsections 372.99(1), (3), and (6), prohibiting

23  the illegal taking and possession of deer and wild turkey.

24         10.  Section 372.9903, prohibiting the possession and

25  transportation of commercial quantities of freshwater game

26  fish.

27         (b)1.  A person who commits a Level Three violation but

28  who has not been convicted of a Level Three or higher

29  violation within the past 10 years, commits a misdemeanor of

30  the first degree, punishable as provided in s. 775.082 or s.

31  775.083.

                                  51

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         2.  A person who commits a Level Three violation within

 2  10 years after a previous conviction for a Level Three or

 3  higher violation, commits a misdemeanor of the first degree,

 4  punishable as provided in s. 775.082 or s. 775.083, with a

 5  minimum mandatory fine of $750 and a suspension of any

 6  recreational license or permit issued under s. 372.57 for the

 7  remainder of the period for which the license or permit was

 8  issued up to 3 years. Such suspension shall include the

 9  suspension of the privilege to obtain such license or permit

10  and the ability to exercise any privilege granted under s.

11  372.562. If the recreational license or permit being suspended

12  was an annual license or permit, any privileges under ss.

13  372.562 and 372.57 may not be acquired for a 3-year period

14  following the date of the violation.

15         3.  A person who commits a violation of s. 372.57(17)

16  shall receive a mandatory fine of $1,000. Any privileges under

17  ss. 372.562 and 372.57 may not be acquired for a 5-year period

18  following the date of the violation.

19         (4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a

20  Level Four violation if he or she violates any of the

21  following provisions:

22         1.  Paragraph 370.13(2)(c), prohibiting criminal

23  activities relating to the taking of stone crabs.

24         2.  Paragraph 370.135(1)(b), prohibiting the willful

25  molestation of blue crab gear.

26         3.  Subsection 370.14(4), prohibiting the willful

27  molestation of spiny lobster gear.

28         4.  Subparagraph 370.142(2)(c)5., prohibiting the

29  unlawful reproduction, possession, sale, trade, or barter of

30  spiny lobster trap tags or certificates.

31  

                                  52

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         5.  Subsection 372.57(16), prohibiting the making,

 2  forging, counterfeiting, or reproduction of a recreational

 3  license or possession of same without authorization from the

 4  commission.

 5         6.  Subsection 372.99(5), prohibiting the sale of

 6  illegally-taken deer or wild turkey.

 7         7.  Section 372.99022, prohibiting the molestation or

 8  theft of freshwater fishing gear.

 9         (b)  A person who commits a Level Four violation

10  commits a felony of the third degree, punishable as provided

11  in s. 775.082 or s. 775.083.

12         (5)  VIOLATIONS OF CHAPTER.--Except as provided in this

13  chapter:

14         (a)  A person who commits a violation of any provision

15  of this chapter commits, for the first offense, a misdemeanor

16  of the second degree, punishable as provided in s. 775.082 or

17  s. 775.083.

18         (b)  A person who is convicted of a second or

19  subsequent violation of any provision of this chapter commits

20  a misdemeanor of the first degree, punishable as provided in

21  s. 775.082 or s. 775.083.

22         (6)  SUSPENSION OR FORFEITURE OF LICENSE.--The court

23  may order the suspension or forfeiture of any license or

24  permit issued under this chapter to a person who is found

25  guilty of committing a violation of this chapter.

26         (7)  CONVICTION DEFINED.--As used in this section, the

27  term "conviction" means any judicial disposition other than

28  acquittal or dismissal.

29         Section 21.  Section 372.935, Florida Statutes, is

30  created to read:

31         372.935  Captive wildlife; penalties for violations.--

                                  53

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (1)(a)  NONCRIMINAL INFRACTIONS.--A person commits a

 2  noncriminal infraction if he or she violates any of the

 3  following provisions:

 4         1.  Rules or orders of the commission requiring a

 5  no-cost permit to possess captive wildlife for personal use.

 6         2.  Rules or orders of the commission requiring that

 7  persons who are licensed to possess captive wildlife file

 8  reports or other documents.

 9         (b)  A person cited for committing a noncriminal

10  infraction under this section shall be cited to appear before

11  the county court.  The civil penalty for a person found guilty

12  of committing a noncriminal violation under this section is

13  $50, and the provisions of s. 372.83(1)(e)-(i) apply under

14  this subsection.

15         (2)  MISDEMEANORS.--A person commits a misdemeanor of

16  the second degree, punishable as provided in s. 775.082 or s.

17  775.083, for violating any of the following provisions:

18         (a)  Rules or orders of the commission which require

19  the payment of a fee for a person to obtain a permit to

20  possess captive wildlife.

21         (b)  Rules or orders of the commission which require

22  the maintenance of records relating to captive wildlife.

23         (c)  Rules or orders of the commission relating to

24  captive wildlife which are not specified in subsection (1).

25         (d)  Section 372.86, prohibiting the possession or

26  exhibition of poisonous or venomous reptiles without a license

27  or permit.

28         (e)  Section 372.88, prohibiting the exhibition of

29  poisonous or venomous reptiles without posting a bond.

30  

31  

                                  54

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (f)  Section 372.89, prohibiting the possession or

 2  exhibition of poisonous or venomous reptiles in an unsafe

 3  manner.

 4         (g)  Section 372.90, prohibiting the transportation of

 5  poisonous or venomous reptiles in an unsafe manner.

 6         (h)  Section 372.901, prohibiting the penning or caging

 7  of poisonous or venomous reptiles in an unsafe manner.

 8         (i)  Section 372.91, prohibiting certain persons from

 9  opening containers housing poisonous or venomous reptiles.

10         (j)  Section 372.921, prohibiting the exhibition or

11  sale of wildlife.

12         (k)  Section 372.922, prohibiting the personal

13  possession of wildlife.

14         Section 22.  Section 372.26, Florida Statutes, is

15  amended to read:

16         372.26  Imported fish.--

17         (1)  No person shall import into the state or place in

18  any of the fresh waters of the state any freshwater fish of

19  any species without having first obtained a permit from the

20  Fish and Wildlife Conservation Commission. The commission is

21  authorized to issue or deny such a permit upon the completion

22  of studies of the species made by it to determine any

23  detrimental effect the species might have on the ecology of

24  the state.

25         (2)  A person who violates this section commits a Level

26  Three violation under s. 372.83 Persons in violation of this

27  section shall be guilty of a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         Section 23.  Section 372.265, Florida Statutes, is

30  amended to read:

31         372.265  Regulation of foreign animals.--

                                  55

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (1)  It is unlawful to import for sale or use, or to

 2  release within this state, any species of the animal kingdom

 3  not indigenous to Florida without having obtained a permit to

 4  do so from the Fish and Wildlife Conservation Commission.

 5         (2)  The Fish and Wildlife Conservation Commission is

 6  authorized to issue or deny such a permit upon the completion

 7  of studies of the species made by it to determine any

 8  detrimental effect the species might have on the ecology of

 9  the state.

10         (3)  A person Persons in violation of this section

11  commits a Level Three violation under s. 372.83 shall be

12  guilty of a misdemeanor of the first degree, punishable as

13  provided in s. 775.082 or s. 775.083.

14         Section 24.  Subsection (2) of section 372.661, Florida

15  Statutes, is amended to read:

16         372.661  Private hunting preserve license fees;

17  exception.--

18         (2)  A commercial hunting preserve license, which shall

19  exempt patrons of licensed preserves from the license and

20  permit requirements of s. 372.57(4)(c), (d), (f), (h), (i),

21  and (j); (5)(f) and (g); (8)(a), (b), and (e), and (f);

22  (9)(a)2.; (11); and (12) while hunting on the licensed

23  preserve property, shall be $500. Such commercial hunting

24  preserve license shall be available only to those private

25  hunting preserves licensed pursuant to this section which are

26  operated exclusively for commercial purposes, which are open

27  to the public, and for which a uniform fee is charged to

28  patrons for hunting privileges.

29         Section 25.  Section 372.662, Florida Statutes, is

30  amended to read:

31  

                                  56

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         372.662  Unlawful sale, possession, or transporting of

 2  alligators or alligator skins.--Whenever the sale, possession,

 3  or transporting of alligators or alligator skins is prohibited

 4  by any law of this state, or by the rules, regulations, or

 5  orders of the Fish and Wildlife Conservation Commission

 6  adopted pursuant to s. 9, Art. IV of the State Constitution,

 7  the sale, possession, or transporting of alligators or

 8  alligator skins is a Level Three violation under s. 372.83

 9  misdemeanor of the first degree, punishable as provided in s.

10  775.082 or s. 775.083.

11         Section 26.  Section 372.667, Florida Statutes, is

12  amended to read:

13         372.667  Feeding or enticement of alligators or

14  crocodiles unlawful; penalty.--

15         (1)  No person shall intentionally feed, or entice with

16  feed, any wild American alligator (Alligator mississippiensis)

17  or American crocodile (Crocodylus acutus).  However, the

18  provisions of this section shall not apply to:

19         (a)  Those persons feeding alligators or crocodiles

20  maintained in protected captivity for educational, scientific,

21  commercial, or recreational purposes.

22         (b)  Fish and Wildlife Conservation Commission

23  personnel, persons licensed or otherwise authorized by the

24  commission, or county or municipal animal control personnel

25  when relocating alligators or crocodiles by baiting or

26  enticement.

27         (2)  For the purposes of this section, the term

28  "maintained in protected captivity" means held in captivity

29  under a permit issued by the Fish and Wildlife Conservation

30  Commission pursuant to s. 372.921 or s. 372.922.

31  

                                  57

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (3)  Any person who violates this section commits a

 2  Level Two violation under s. 372.83 is guilty of a misdemeanor

 3  of the second degree, punishable as provided in s. 775.082 or

 4  s. 775.083.

 5         Section 27.  Section 372.705, Florida Statutes, is

 6  amended to read:

 7         372.705  Harassment of hunters, trappers, or fishers.--

 8         (1)  A person may not intentionally, within a publicly

 9  or privately owned wildlife management or fish management area

10  or on any state-owned water body:

11         (a)  Interfere with or attempt to prevent the lawful

12  taking of fish, game, or nongame animals by another.

13         (b)  Attempt to disturb fish, game, or nongame animals

14  or attempt to affect their behavior with the intent to prevent

15  their lawful taking by another.

16         (2)  Any person who violates this section commits a

17  Level Two violation under s. 372.83 subsection (1) is guilty

18  of a misdemeanor of the second degree, punishable as provided

19  in s. 775.082 or s. 775.083.

20         Section 28.  Section 372.988, Florida Statutes, is

21  amended to read:

22         372.988  Required clothing for persons hunting

23  deer.--It is a Level One violation under s. 372.83 unlawful

24  for any person to hunt deer, or for any person to accompany

25  another person hunting deer, during the open season for the

26  taking of deer on public lands unless each person shall wear a

27  total of at least 500 square inches of daylight fluorescent

28  orange material as an outer garment. Such clothing shall be

29  worn above the waistline and may include a head covering. The

30  provisions of this section shall not apply to any person

31  

                                  58

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  hunting deer with a bow and arrow during seasons restricted to

 2  hunting with a bow and arrow.

 3         Section 29.  Subsection (1) of section 372.99022,

 4  Florida Statutes, is amended to read:

 5         372.99022  Illegal molestation of or theft from

 6  freshwater fishing gear.--

 7         (1)(a)  Any person, firm, or corporation that willfully

 8  molests any authorized and lawfully permitted freshwater

 9  fishing gear belonging to another without the express written

10  consent of the owner commits a Level Four violation under s.

11  372.83 felony of the third degree, punishable as provided in

12  s. 775.082, s. 775.083, or s. 775.084. Any written consent

13  must be available for immediate inspection.

14         (b)  Any person, firm, or corporation that willfully

15  removes the contents of any authorized and lawfully permitted

16  freshwater fishing gear belonging to another without the

17  express written consent of the owner commits a Level Four

18  violation under s. 372.83 felony of the third degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084. Any written consent must be available for immediate

21  inspection.

22  

23  A person, firm, or corporation that receives a citation for a

24  violation of this subsection is prohibited, immediately upon

25  receipt of such citation and until adjudicated or convicted of

26  a felony under this subsection, from transferring any

27  endorsements.

28         Section 30.  Section 372.99, Florida Statutes, is

29  amended to read:

30         372.99  Illegal taking and possession of deer and wild

31  turkey; evidence; penalty.--

                                  59

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (1)  Whoever takes or kills any deer or wild turkey, or

 2  possesses a freshly killed deer or wild turkey, during the

 3  closed season prescribed by law or by the rules and

 4  regulations of the Fish and Wildlife Conservation Commission,

 5  or whoever takes or attempts to take any deer or wild turkey

 6  by the use of gun and light in or out of closed season,

 7  commits a Level Three violation under s. 372.83 is guilty of a

 8  misdemeanor of the first degree, punishable as provided in s.

 9  775.082 or s. 775.083, and shall forfeit any license or permit

10  issued to her or him under the provisions of this chapter. No

11  license shall be issued to such person for a period of 3 years

12  following any such violation on the first offense.  Any person

13  guilty of a second or subsequent violation shall be

14  permanently ineligible for issuance of a license or permit

15  thereafter.

16         (2)  The display or use of a light in a place where

17  deer might be found and in a manner capable of disclosing the

18  presence of deer, together with the possession of firearms or

19  other weapons customarily used for the taking of deer, between

20  1 hour after sunset and 1 hour before sunrise, shall be prima

21  facie evidence of an intent to violate the provisions of

22  subsection (1). This subsection does not apply to an owner or

23  her or his employee when patrolling or inspecting the land of

24  the owner, provided the employee has satisfactory proof of

25  employment on her or his person.

26         (3)  Whoever takes or kills any doe deer; fawn or baby

27  deer; or deer, whether male or female, which does not have one

28  or more antlers at least 5 inches in length, except as

29  provided by law or the rules of the Fish and Wildlife

30  Conservation Commission, during the open season prescribed by

31  the rules of the commission, commits a Level Three violation

                                  60

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  under 372.83 is guilty of a misdemeanor of the first degree,

 2  punishable as provided in s. 775.082 or s. 775.083, and may be

 3  required to forfeit any license or permit issued to such

 4  person for a period of 3 years following any such violation on

 5  the first offense. Any person guilty of a second or subsequent

 6  violation shall be permanently ineligible for issuance of a

 7  license or permit thereafter.

 8         (4)  Any person who cultivates agricultural crops may

 9  apply to the Fish and Wildlife Conservation Commission for a

10  permit to take or kill deer on land which that person is

11  currently cultivating.  When said person can show, to the

12  satisfaction of the Fish and Wildlife Conservation Commission,

13  that such taking or killing of deer is justified because of

14  damage to the person's crops caused by deer, the Fish and

15  Wildlife Conservation Commission may issue a limited permit to

16  the applicant to take or kill deer without being in violation

17  of subsection (1) or subsection (3).

18         (5)  Whoever possesses for sale or sells deer or wild

19  turkey taken in violation of this chapter or the rules and

20  regulations of the commission commits a Level Four violation

21  under s. 372.83 is guilty of a felony of the third degree,

22  punishable as provided in s. 775.082, s. 775.083, or s.

23  775.084.

24         (6)  Any person who enters upon private property and

25  shines lights upon such property, without the express

26  permission of the owner of the property and with the intent to

27  take deer by utilizing such shining lights, commits a Level

28  Three violation under s. 372.83 shall be guilty of a

29  misdemeanor of the second degree, punishable as provided in s.

30  775.082 or s. 775.083.

31  

                                  61

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         Section 31.  Subsection (1) of section 372.9903,

 2  Florida Statutes, is amended to read:

 3         372.9903  Illegal possession or transportation of

 4  freshwater game fish in commercial quantities; penalty.--

 5         (1)  Whoever possesses, moves, or transports any black

 6  bass, bream, speckled perch, or other freshwater game fish in

 7  commercial quantities in violation of law or the rules of the

 8  Fish and Wildlife Conservation Commission commits a Level

 9  Three violation under s. 372.83 shall be guilty of a

10  misdemeanor of the first degree, punishable as provided in s.

11  775.082 or s. 775.083.

12         Section 32.  Paragraph (a) of subsection (3) of section

13  921.0022, Florida Statutes, is amended to read:

14         921.0022  Criminal Punishment Code; offense severity

15  ranking chart.--

16         (3)  OFFENSE SEVERITY RANKING CHART

17  

18  Florida           Felony

19  Statute           Degree             Description

20  

21                              (a)  LEVEL 1

22  24.118(3)(a)       3rd      Counterfeit or altered state

23                              lottery ticket.

24  212.054(2)(b)      3rd      Discretionary sales surtax;

25                              limitations, administration, and

26                              collection.

27  212.15(2)(b)       3rd      Failure to remit sales taxes,

28                              amount greater than $300 but less

29                              than $20,000.

30  316.1935(1)        3rd      Fleeing or attempting to elude

31                              law enforcement officer.

                                  62

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  319.30(5)          3rd      Sell, exchange, give away

 2                              certificate of title or

 3                              identification number plate.

 4  319.35(1)(a)       3rd      Tamper, adjust, change, etc., an

 5                              odometer.

 6  320.26(1)(a)       3rd      Counterfeit, manufacture, or sell

 7                              registration license plates or

 8                              validation stickers.

 9  322.212

10   (1)(a)-(c)        3rd      Possession of forged, stolen,

11                              counterfeit, or unlawfully issued

12                              driver's license; possession of

13                              simulated identification.

14  322.212(4)         3rd      Supply or aid in supplying

15                              unauthorized driver's license or

16                              identification card.

17  322.212(5)(a)      3rd      False application for driver's

18                              license or identification card.

19  370.13(2)(c)1.     3rd      Molest any stone crab trap, line,

20                              or buoy which is property of

21                              licenseholder.

22  370.135(1)         3rd      Molest any blue crab trap, line,

23                              or buoy which is property of

24                              licenseholder.

25  372.663(1)         3rd      Poach any alligator or

26                              crocodilia.

27  414.39(2)          3rd      Unauthorized use, possession,

28                              forgery, or alteration of food

29                              stamps, Medicaid ID, value

30                              greater than $200.

31  

                                  63

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  414.39(3)(a)       3rd      Fraudulent misappropriation of

 2                              public assistance funds by

 3                              employee/official, value more

 4                              than $200.

 5  443.071(1)         3rd      False statement or representation

 6                              to obtain or increase

 7                              unemployment compensation

 8                              benefits.

 9  509.151(1)         3rd      Defraud an innkeeper, food or

10                              lodging value greater than $300.

11  517.302(1)         3rd      Violation of the Florida

12                              Securities and Investor

13                              Protection Act.

14  562.27(1)          3rd      Possess still or still apparatus.

15  713.69             3rd      Tenant removes property upon

16                              which lien has accrued, value

17                              more than $50.

18  812.014(3)(c)      3rd      Petit theft (3rd conviction);

19                              theft of any property not

20                              specified in subsection (2).

21  812.081(2)         3rd      Unlawfully makes or causes to be

22                              made a reproduction of a trade

23                              secret.

24  815.04(4)(a)       3rd      Offense against intellectual

25                              property (i.e., computer

26                              programs, data).

27  817.52(2)          3rd      Hiring with intent to defraud,

28                              motor vehicle services.

29  817.569(2)         3rd      Use of public record or public

30                              records information to facilitate

31                              commission of a felony.

                                  64

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  826.01             3rd      Bigamy.

 2  828.122(3)         3rd      Fighting or baiting animals.

 3  831.04(1)          3rd      Any erasure, alteration, etc., of

 4                              any replacement deed, map, plat,

 5                              or other document listed in s.

 6                              92.28.

 7  831.31(1)(a)       3rd      Sell, deliver, or possess

 8                              counterfeit controlled

 9                              substances, all but s. 893.03(5)

10                              drugs.

11  832.041(1)         3rd      Stopping payment with intent to

12                              defraud $150 or more.

13  832.05

14   (2)(b)&(4)(c)     3rd      Knowing, making, issuing

15                              worthless checks $150 or more or

16                              obtaining property in return for

17                              worthless check $150 or more.

18  838.15(2)          3rd      Commercial bribe receiving.

19  838.16             3rd      Commercial bribery.

20  843.18             3rd      Fleeing by boat to elude a law

21                              enforcement officer.

22  847.011(1)(a)      3rd      Sell, distribute, etc., obscene,

23                              lewd, etc., material (2nd

24                              conviction).

25  849.01             3rd      Keeping gambling house.

26  849.09(1)(a)-(d)   3rd      Lottery; set up, promote, etc.,

27                              or assist therein, conduct or

28                              advertise drawing for prizes, or

29                              dispose of property or money by

30                              means of lottery.

31  

                                  65

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  849.23             3rd      Gambling-related machines;

 2                              "common offender" as to property

 3                              rights.

 4  849.25(2)          3rd      Engaging in bookmaking.

 5  860.08             3rd      Interfere with a railroad signal.

 6  860.13(1)(a)       3rd      Operate aircraft while under the

 7                              influence.

 8  893.13(2)(a)2.     3rd      Purchase of cannabis.

 9  893.13(6)(a)       3rd      Possession of cannabis (more than

10                              20 grams).

11  934.03(1)(a)       3rd      Intercepts, or procures any other

12                              person to intercept, any wire or

13                              oral communication.

14         Section 33.  Section 372.831, Florida Statutes, is

15  created to read:

16         372.831  Wildlife Violators Compact Act.--The Wildlife

17  Violators Compact is created and entered into with all other

18  jurisdictions legally joining therein in the form

19  substantially as follows:

20  

21                            ARTICLE I

22                       Findings and Purpose

23  

24         (1)  The participating states find that:

25         (a)  Wildlife resources are managed in trust by the

26  respective states for the benefit of all residents and

27  visitors.

28         (b)  The protection of the wildlife resources of a

29  state is materially affected by the degree of compliance with

30  state statutes, laws, regulations, ordinances, and

31  

                                  66

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  administrative rules relating to the management of such

 2  resources.

 3         (c)  The preservation, protection, management, and

 4  restoration of wildlife contributes immeasurably to the

 5  aesthetic, recreational, and economic aspects of such natural

 6  resources.

 7         (d)  Wildlife resources are valuable without regard to

 8  political boundaries; therefore, every person should be

 9  required to comply with wildlife preservation, protection,

10  management, and restoration laws, ordinances, and

11  administrative rules and regulations of the participating

12  states as a condition precedent to the continuance or issuance

13  of any license to hunt, fish, trap, or possess wildlife.

14         (e)  Violation of wildlife laws interferes with the

15  management of wildlife resources and may endanger the safety

16  of persons and property.

17         (f)  The mobility of many wildlife law violators

18  necessitates the maintenance of channels of communication

19  among the various states.

20         (g)  In most instances, a person who is cited for a

21  wildlife violation in a state other than his or her home state

22  is:

23         1.  Required to post collateral or a bond to secure

24  appearance for a trial at a later date;

25         2.  Taken into custody until the collateral or bond is

26  posted; or

27         3.  Taken directly to court for an immediate

28  appearance.

29         (h)  The purpose of the enforcement practices set forth

30  in paragraph (g) is to ensure compliance with the terms of a

31  wildlife citation by the cited person who, if permitted to

                                  67

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  continue on his or her way after receiving the citation, could

 2  return to his or her home state and disregard his or her duty

 3  under the terms of the citation.

 4         (i)  In most instances, a person receiving a wildlife

 5  citation in his or her home state is permitted to accept the

 6  citation from the officer at the scene of the violation and

 7  immediately continue on his or her way after agreeing or being

 8  instructed to comply with the terms of the citation.

 9         (j)  The practices described in paragraph (g) cause

10  unnecessary inconvenience and, at times, a hardship for the

11  person who is unable at the time to post collateral, furnish a

12  bond, stand trial, or pay a fine, and thus is compelled to

13  remain in custody until some alternative arrangement is made.

14         (k)  The enforcement practices described in paragraph

15  (g) consume an undue amount of time of law enforcement

16  agencies.

17         (2)  It is the policy of the participating states to:

18         (a)  Promote compliance with the statutes, laws,

19  ordinances, regulations, and administrative rules relating to

20  the management of wildlife resources in their respective

21  states.

22         (b)  Recognize a suspension of the wildlife license

23  privileges of any person whose license privileges have been

24  suspended by a participating state and treat such suspension

25  as if it had occurred in each respective state.

26         (c)  Allow a violator, except as provided in subsection

27  (2) of Article III, to accept a wildlife citation and, without

28  delay, proceed on his or her way, whether or not the violator

29  is a resident of the state in which the citation was issued,

30  if the violator's home state is party to this compact.

31  

                                  68

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (d)  Report to the appropriate participating state, as

 2  provided in the compact manual, any conviction recorded

 3  against any person whose home state was not the issuing state.

 4         (e)  Allow the home state to recognize and treat

 5  convictions recorded against its residents, which convictions

 6  occurred in a participating state, as though they had occurred

 7  in the home state.

 8         (f)  Extend cooperation to its fullest extent among the

 9  participating states for enforcing compliance with the terms

10  of a wildlife citation issued in one participating state to a

11  resident of another participating state.

12         (g)  Maximize the effective use of law enforcement

13  personnel and information.

14         (h)  Assist court systems in the efficient disposition

15  of wildlife violations.

16         (3)  The purpose of this compact is to:

17         (a)  Provide a means through which participating states

18  may join in a reciprocal program to effectuate the policies

19  enumerated in subsection (2) in a uniform and orderly manner.

20         (b)  Provide for the fair and impartial treatment of

21  wildlife violators operating within participating states in

22  recognition of the violator's right to due process and the

23  sovereign status of a participating state.

24  

25                            ARTICLE II

26                           Definitions

27  

28  As used in this compact, the term:

29         (1)  "Citation" means any summons, complaint, summons

30  and complaint, ticket, penalty assessment, or other official

31  document issued to a person by a wildlife officer or other

                                  69

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  peace officer for a wildlife violation which contains an order

 2  requiring the person to respond.

 3         (2)  "Collateral" means any cash or other security

 4  deposited to secure an appearance for trial in connection with

 5  the issuance by a wildlife officer or other peace officer of a

 6  citation for a wildlife violation.

 7         (3)  "Compliance" with respect to a citation means the

 8  act of answering a citation through an appearance in a court

 9  or tribunal, or through the payment of fines, costs, and

10  surcharges, if any.

11         (4)  "Conviction" means a conviction that results in

12  suspension or revocation of a license, including any court

13  conviction, for any offense related to the preservation,

14  protection, management, or restoration of wildlife which is

15  prohibited by state statute, law, regulation, ordinance, or

16  administrative rule. The term also includes the forfeiture of

17  any bail, bond, or other security deposited to secure

18  appearance by a person charged with having committed any such

19  offense, the payment of a penalty assessment, a plea of nolo

20  contendere, or the imposition of a deferred or suspended

21  sentence by the court.

22         (5)  "Court" means a court of law, including

23  magistrate's court and the justice of the peace court.

24         (6)  "Home state" means the state of primary residence

25  of a person.

26         (7)  "Issuing state" means the participating state that

27  issues a wildlife citation to the violator.

28         (8)  "License" means any license, permit, or other

29  public document that conveys to the person to whom it was

30  issued the privilege of pursuing, possessing, or taking any

31  wildlife regulated by statute, law, regulation, ordinance, or

                                  70

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  administrative rule of a participating state; any privilege to

 2  obtain such license, permit, or other public document; or any

 3  statutory exemption from the requirement to obtain such

 4  license, permit, or other public document. However, when

 5  applied to a license, permit, or privilege issued or granted

 6  by the State of Florida, only a license or permit issued under

 7  s. 372.57, or a privilege granted under s. 372.562, shall be

 8  considered a license.

 9         (9)  "Licensing authority" means the department or

10  division within each participating state which is authorized

11  by law to issue or approve licenses or permits to hunt, fish,

12  trap, or possess wildlife.

13         (10)  "Participating state" means any state that enacts

14  legislation to become a member of this wildlife compact.

15         (11)  "Personal recognizance" means an agreement by a

16  person made at the time of issuance of the wildlife citation

17  that such person will comply with the terms of the citation.

18         (12)  "State" means any state, territory, or possession

19  of the United States, the District of Columbia, the

20  Commonwealth of Puerto Rico, the Provinces of Canada, and

21  other countries.

22         (13)  "Suspension" means any revocation, denial, or

23  withdrawal of any or all license privileges, including the

24  privilege to apply for, purchase, or exercise the benefits

25  conferred by any license.

26         (14)  "Terms of the citation" means those conditions

27  and options expressly stated upon the citation.

28         (15)  "Wildlife" means all species of animals,

29  including, but not limited to, mammals, birds, fish, reptiles,

30  amphibians, mollusks, and crustaceans, which are defined as

31  "wildlife" and are protected or otherwise regulated by

                                  71

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  statute, law, regulation, ordinance, or administrative rule in

 2  a participating state. Species included in the definition of

 3  "wildlife" vary from state to state and the determination of

 4  whether a species is "wildlife" for the purposes of this

 5  compact shall be based on local law.

 6         (16)  "Wildlife law" means any statute, law,

 7  regulation, ordinance, or administrative rule developed and

 8  enacted for the management of wildlife resources and the uses

 9  thereof.

10         (17)  "Wildlife officer" means any individual

11  authorized by a participating state to issue a citation for a

12  wildlife violation.

13         (18)  "Wildlife violation" means any cited violation of

14  a statute, law, regulation, ordinance, or administrative rule

15  developed and enacted for the management of wildlife resources

16  and the uses thereof.

17  

18                           ARTICLE III

19                   Procedures for Issuing State

20  

21         (1)  When issuing a citation for a wildlife violation,

22  a wildlife officer shall issue a citation to any person whose

23  primary residence is in a participating state in the same

24  manner as though the person were a resident of the issuing

25  state and shall not require such person to post collateral to

26  secure appearance, subject to the exceptions noted in

27  subsection (2), if the officer receives the recognizance of

28  such person that he will comply with the terms of the

29  citation.

30         (2)  Personal recognizance is acceptable if not

31  prohibited by local law; by policy, procedure, or regulation

                                  72

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  of the issuing agency; or by the compact manual and if the

 2  violator provides adequate proof of identification to the

 3  wildlife officer.

 4         (3)  Upon conviction or failure of a person to comply

 5  with the terms of a wildlife citation, the appropriate

 6  official shall report the conviction or failure to comply to

 7  the licensing authority of the participating state in which

 8  the wildlife citation was issued. The report shall be made in

 9  accordance with procedures specified by the issuing state and

10  must contain information as specified in the compact manual as

11  minimum requirements for effective processing by the home

12  state.

13         (4)  Upon receipt of the report of conviction or

14  noncompliance pursuant to subsection (3), the licensing

15  authority of the issuing state shall transmit to the licensing

16  authority of the home state of the violator the information in

17  the form and content prescribed in the compact manual.

18  

19                            ARTICLE IV

20                     Procedure for Home State

21  

22         (1)  Upon receipt of a report from the licensing

23  authority of the issuing state reporting the failure of a

24  violator to comply with the terms of a citation, the licensing

25  authority of the home state shall notify the violator and

26  shall initiate a suspension action in accordance with the home

27  state's suspension procedures and shall suspend the violator's

28  license privileges until satisfactory evidence of compliance

29  with the terms of the wildlife citation has been furnished by

30  the issuing state to the home state licensing authority.

31  Due-process safeguards shall be accorded.

                                  73

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (2)  Upon receipt of a report of conviction from the

 2  licensing authority of the issuing state, the licensing

 3  authority of the home state shall enter such conviction in its

 4  records and shall treat such conviction as though it occurred

 5  in the home state for purposes of the suspension of license

 6  privileges.

 7         (3)  The licensing authority of the home state shall

 8  maintain a record of actions taken and shall make reports to

 9  issuing states as provided in the compact manual.

10  

11                            ARTICLE V

12               Reciprocal Recognition of Suspension

13  

14         (1)  Each participating state may recognize the

15  suspension of license privileges of any person by any other

16  participating state as though the violation resulting in the

17  suspension had occurred in that state and would have been the

18  basis for suspension of license privileges in that state.

19         (2)  Each participating state shall communicate

20  suspension information to other participating states in the

21  form and content contained in the compact manual.

22  

23                            ARTICLE VI

24                   Applicability of Other Laws

25  

26  Except as expressly required by provisions of this compact,

27  this compact does not affect the right of any participating

28  state to apply any of its laws relating to license privileges

29  to any person or circumstance or to invalidate or prevent any

30  agreement or other cooperative arrangement between a

31  

                                  74

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  participating state and a nonparticipating state concerning

 2  the enforcement of wildlife laws.

 3  

 4                           ARTICLE VII

 5                 Compact Administrator Procedures

 6  

 7         (1)  For the purpose of administering the provisions of

 8  this compact and to serve as a governing body for the

 9  resolution of all matters relating to the operation of this

10  compact, a board of compact administrators is established. The

11  board shall be composed of one representative from each of the

12  participating states to be known as the compact administrator.

13  The compact administrator shall be appointed by the head of

14  the licensing authority of each participating state and shall

15  serve and be subject to removal in accordance with the laws of

16  the state he or she represents. A compact administrator may

17  provide for the discharge of his or her duties and the

18  performance of his or her functions as a board member by an

19  alternate. An alternate is not entitled to serve unless

20  written notification of his or her identity has been given to

21  the board.

22         (2)  Each member of the board of compact administrators

23  shall be entitled to one vote. No action of the board shall be

24  binding unless taken at a meeting at which a majority of the

25  total number of the board's votes are cast in favor thereof.

26  Action by the board shall be only at a meeting at which a

27  majority of the participating states are represented.

28         (3)  The board shall elect annually from its membership

29  a chairman and vice chairman.

30         (4)  The board shall adopt bylaws not inconsistent with

31  the provisions of this compact or the laws of a participating

                                  75

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  state for the conduct of its business and shall have the power

 2  to amend and rescind its bylaws.

 3         (5)  The board may accept for any of its purposes and

 4  functions under this compact any and all donations and grants

 5  of moneys, equipment, supplies, materials, and services,

 6  conditional or otherwise, from any state, the United States,

 7  or any governmental agency, and may receive, use, and dispose

 8  of the same.

 9         (6)  The board may contract with, or accept services or

10  personnel from, any governmental or intergovernmental agency,

11  individual, firm, corporation, or private nonprofit

12  organization or institution.

13         (7)  The board shall formulate all necessary procedures

14  and develop uniform forms and documents for administering the

15  provisions of this compact. All procedures and forms adopted

16  pursuant to board action shall be contained in a compact

17  manual.

18  

19                           ARTICLE VIII

20                Entry into Compact and Withdrawal

21  

22         (1)  This compact shall become effective at such time

23  as it is adopted in substantially similar form by two or more

24  states.

25         (2)(a)  Entry into the compact shall be made by

26  resolution of ratification executed by the authorized

27  officials of the applying state and submitted to the chairman

28  of the board.

29         (b)  The resolution shall substantially be in the form

30  and content as provided in the compact manual and must include

31  the following:

                                  76

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         1.  A citation of the authority from which the state is

 2  empowered to become a party to this compact;

 3         2.  An agreement of compliance with the terms and

 4  provisions of this compact; and

 5         3.  An agreement that compact entry is with all states

 6  participating in the compact and with all additional states

 7  legally becoming a party to the compact.

 8         (c)  The effective date of entry shall be specified by

 9  the applying state, but may not be less than 60 days after

10  notice has been given by the chairman of the board of the

11  compact administrators or by the secretariat of the board to

12  each participating state that the resolution from the applying

13  state has been received.

14         (3)  A participating state may withdraw from

15  participation in this compact by official written notice to

16  each participating state, but withdrawal shall not become

17  effective until 90 days after the notice of withdrawal is

18  given. The notice must be directed to the compact

19  administrator of each member state. The withdrawal of any

20  state does not affect the validity of this compact as to the

21  remaining participating states.

22  

23                            ARTICLE IX

24                    Amendments to the Compact

25  

26         (1)  This compact may be amended from time to time.

27  Amendments shall be presented in resolution form to the

28  chairman of the board of compact administrators and shall be

29  initiated by one or more participating states.

30  

31  

                                  77

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1         (2)  Adoption of an amendment shall require endorsement

 2  by all participating states and shall become effective 30 days

 3  after the date of the last endorsement.

 4  

 5                            ARTICLE X

 6                  Construction and Severability

 7  

 8  This compact shall be liberally construed so as to effectuate

 9  the purposes stated herein. The provisions of this compact are

10  severable and if any phrase, clause, sentence, or provision of

11  this compact is declared to be contrary to the constitution of

12  any participating state or of the United States, or if the

13  applicability thereof to any government, agency, individual,

14  or circumstance is held invalid, the validity of the remainder

15  of this compact shall not be affected thereby. If this compact

16  is held contrary to the constitution of any participating

17  state, the compact shall remain in full force and effect as to

18  the remaining states and in full force and effect as to the

19  participating state affected as to all severable matters.

20  

21                            ARTICLE XI

22                              Title

23  

24         This compact shall be known as the "Wildlife Violator

25  Compact."

26         Section 34.  Section 372.8311, Florida Statutes, is

27  created to read:

28         372.8311  Compact licensing and enforcement authority;

29  administrative review.--

30         (1)  LICENSING AND ENFORCEMENT AUTHORITY.--For purposes

31  of this act and the interstate wildlife violator compact, the

                                  78

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1  Fish and Wildlife Conservation Commission is the licensing

 2  authority for the State of Florida and shall enforce the

 3  interstate Wildlife Violators Compact and shall do all things

 4  within the commission's jurisdiction which are necessary to

 5  effectuate the purposes and the intent of the compact. The

 6  commission may execute a resolution of ratification to

 7  formalize the State of Florida's entry into the compact. Upon

 8  adoption of the Wildlife Violators Compact, the commission may

 9  adopt rules to administer the provisions of the compact.

10         (2)  ADMINISTRATIVE REVIEW.--Any action committed or

11  omitted by the Fish and Wildlife Conservation Commission under

12  or in the enforcement of the Wildlife Violator Compact created

13  in s. 372.831 is subject to review under chapter 120.

14         Section 35.  For purposes of incorporating the crossbow

15  season permit established under s. 372.57, Florida Statutes,

16  the hunter safety course exemption established under s.

17  372.5717, Florida Statutes, and the Wildlife Violator Compact

18  established under s. 372.831, Florida Statutes, the Fish and

19  Wildlife Conservation Commission shall update the automated

20  licensing system authorized under s. 372.551, Florida

21  Statutes, by no later than August 1, 2006.

22         Section 36.  Sections 372.711 and 372.912, Florida

23  Statutes, are repealed.

24         Section 37.  This act shall take effect July 1, 2006.

25  

26  

27  

28  

29  

30  

31  

                                  79

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






    Florida Senate - 2006        (Corrected Copy) CS for CS for SB

                                                              2202
    591-2454A-06


 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2202

 3                                 

 4  -    Amends the definition of "commercial harvester" to
         include any person, firm, or corporation that takes,
 5       harvests, or attempts to take or harvest saltwater
         products for sale.
 6  
    -    Provides that the civil penalty for a Level One violation
 7       involving the licensing and permit requirements of s.
         372.57, F.S., is $50 plus the cost of the license or
 8       permit, unless the person commits a Level One violation
         involving this statute and has committed the same Level
 9       One violation within the preceding 36 months, in which
         case the civil penalty is $100 plus the cost of the
10       license or permit.

11  -    Provides that the civil penalty for any other Level One
         violation is $50, unless the person has previously
12       committed the same Level One violation within the
         preceding 36 months, in which case the civil penalty is
13       $100.

14  -    Provides that a hunting, freshwater fishing, or saltwater
         fishing license or permit is not required for any
15       resident who holds a valid license under s. 372.65(1)(a),
         F.S.
16  
    -    Provides that, for purposes of incorporating the crossbow
17       permit, hunter safety exemption, and Wildlife Violator
         Compact, the commission must update the automated
18       licensing system by no later than August 1, 2006.

19  -    Repeals s. 372.912, F.S., relating to noncriminal
         infractions.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  80

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