Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for SB 2490
Barcode 295634
CHAMBER ACTION
Senate House
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04/19/2006 06:50 PM .
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11 The Committee on Governmental Oversight and Productivity
12 (Argenziano) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 370.135, Florida Statutes, is
19 amended to read:
20 370.135 Blue crab; regulation.--
21 (1) No person, firm, or corporation shall transport on
22 the water, fish with or cause to be fished with, set, or place
23 any trap designed for taking blue crabs unless such person,
24 firm, or corporation is the holder of a valid saltwater
25 products license issued pursuant to s. 370.06 and the trap has
26 a current state number permanently attached to the buoy. The
27 trap number shall be affixed in legible figures at least 1
28 inch high on each buoy used. The saltwater products license
29 must be on board the boat, and both the license and the crabs
30 shall be subject to inspection at all times. Only one trap
31 number may be issued for each boat by the commission upon
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1 receipt of an application on forms prescribed by it. This
2 subsection shall not apply to an individual fishing with no
3 more than five traps. It is a felony of the third degree,
4 punishable as provided in s. 775.082, s. 775.083, or s.
5 775.084, for any person willfully to molest any traps, lines,
6 or buoys, as defined herein, belonging to another without the
7 express written consent of the trap owner. Any person
8 receiving a judicial disposition other than dismissal or
9 acquittal on a charge of willful molestation of a trap, in
10 addition to the penalties specified in s. 370.021, shall lose
11 all saltwater fishing privileges for a period of 24 calendar
12 months. It is unlawful for any person to remove the contents
13 of or take possession of another harvester's trap without the
14 express written consent of the trap owner available for
15 immediate inspection. Unauthorized possession of another's
16 trap gear or removal of trap contents constitutes theft. Any
17 person receiving a judicial disposition other than dismissal
18 or acquittal on a charge of theft of or from a trap pursuant
19 to this section or s. 370.1107 shall, in addition to the
20 penalties specified in s. 370.021 and the provisions of this
21 section, permanently lose all his or her saltwater fishing
22 privileges including his or her saltwater products license and
23 blue crab endorsement. In such cases endorsements, landings
24 history, and trap certificates are nontransferable. In
25 addition, any person, firm, or corporation receiving a
26 judicial disposition other than dismissal or acquittal for
27 violating this subsection or s. 370.1107 shall also be
28 assessed an administrative penalty of up to $5,000.
29 Immediately upon receiving a citation for a violation
30 involving theft of or from a trap and until adjudicated for
31 such a violation, or receiving a judicial disposition other
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Bill No. CS for SB 2490
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1 than dismissal or acquittal for such a violation, the person,
2 firm, or corporation committing the violation is prohibited
3 from transferring any blue crab endorsements, landings
4 history, or trap certificates.
5 (2) No person shall harvest blue crabs with more than
6 five traps, harvest blue crabs in commercial quantities, or
7 sell blue crabs unless such person holds a valid saltwater
8 products license with a restricted species endorsement and a
9 blue crab endorsement (trap number) issued pursuant to this
10 section subsection.
11 (a) Effective June 1, 1998, and until July 1, 2002, no
12 blue crab endorsement (trap number), except those endorsements
13 that are active during the 1997-1998 fiscal year, shall be
14 renewed or replaced.
15 (b) Effective January 1, 1999, and until July 1, 2002,
16 a trap number holder, or members of his or her immediate
17 family, must request renewal of the endorsement prior to
18 September 30 of each year.
19 (c) If a person holding an active blue crab
20 endorsement, or a member of that person's immediate family,
21 does not request renewal of the endorsement before the
22 applicable dates as specified in this subsection, the
23 commission shall deactivate that endorsement.
24 (a)(d) In the event of the death or disability of a
25 person holding an active blue crab endorsement, the
26 endorsement may be transferred by the person to a member of
27 his or her immediate family or may be renewed by any person so
28 designated by the executor of the person's estate.
29 (b)(e) Persons who hold saltwater products licenses
30 with blue crab endorsements issued to their boat registration
31 numbers and who subsequently replace their existing vessels
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1 with new vessels shall be permitted to transfer the existing
2 licenses to the new boat registration numbers.
3 (3)(a) Endorsement fees.--
4 1. The fee for a hard-shell blue crab endorsement for
5 the taking of hard-shell blue crabs, as authorized by rule of
6 the commission, is $125, $25 of which must be used solely for
7 the trap-retrieval program authorized under s. 370.143 and in
8 commission rules.
9 2. The fee for a soft-shell blue crab endorsement for
10 the taking of soft-shell blue crabs, as authorized by rule of
11 the commission, is $250, $25 of which must be used solely for
12 the trap-retrieval program authorized under s. 370.143 and in
13 commission rules.
14 3. The fee for a nontransferable hard-shell blue crab
15 endorsement for the taking of hard-shell blue crabs, as
16 authorized by rule of the commission, is $125, $25 of which
17 must be used solely for the trap-retrieval program authorized
18 under s. 370.143 and in commission rules.
19 4. The fee for an incidental-take blue crab
20 endorsement for the taking of blue crabs as bycatch in shrimp
21 trawls and stone crab traps, as authorized in commission
22 rules, is $25.
23 (b) Trap tag fees.--The annual fee for each trap tag
24 issued by the commission under the requirements of the blue
25 crab effort management program established by rule of the
26 commission is 50 cents per tag. The fee for replacement tags
27 for lost or damaged tags is 50 cents per tag plus the cost of
28 shipping. In the event of a major natural disaster, such as a
29 hurricane or major storm, which causes massive trap losses
30 within an area declared by the Governor to be a disaster
31 emergency area, the commission may temporarily defer or
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1 permanently waive replacement tag fees.
2 (c) Disposition of fees and fines for civil or
3 criminal penalties.--The fees generated from the sale of blue
4 crab endorsements, trap tags, and replacement trap tags, and
5 fines assessed with civil or criminal penalties authorized
6 under this section, shall be deposited into the Marine
7 Resources Conservation Trust Fund. Not more than 50 percent of
8 the revenue generated by the sale of endorsements and trap
9 tags and the assessment of fines may be used for the operation
10 and administration of the blue crab effort management program.
11 The remaining revenues generated from the sale of endorsements
12 and trap tags and the assessment of fines may be used for trap
13 retrieval; management of the blue crab fishery; and
14 public-education activities, research, and enforcement
15 activities in support of the blue crab effort management
16 program.
17 (d) Waiver of fees.--For the 2006-2007 license year,
18 the commission shall waive all fees under this subsection for
19 all persons who qualify by September 30, 2006, to participate
20 in the blue crab effort management program established by
21 commission rule.
22 (4)(a) Untagged trap penalties.--In addition to any
23 other penalties provided in s. 370.021 for any person, firm,
24 or corporation that violates commission rules requiring the
25 placement of trap tags for each trap used for the directed
26 harvest of blue crabs, the following administrative penalties
27 apply:
28 1. For a first violation, the commission shall assess
29 an administrative penalty of up to $1,000 and the blue crab
30 endorsement holder's blue crab fishing privileges may be
31 suspended for the remainder of the current license year.
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1 2. For a second violation that occurs within 24 months
2 after any previous such violation, the commission shall assess
3 an administrative penalty of up to $2,000 and the blue crab
4 endorsement holder's blue crab fishing privileges may be
5 suspended for 12 calendar months.
6 3. For a third violation that occurs within 36 months
7 after any two previous such violations, the commission shall
8 assess an administrative penalty of up to $5,000 and the blue
9 crab endorsement holder's blue crab fishing privileges may be
10 suspended for 24 calendar months.
11 4. A fourth violation that occurs within 48 months
12 after any three previous such violations shall result in
13 permanent revocation of all of the violator's saltwater
14 fishing privileges, including having the commission proceed
15 against the endorsement holder's saltwater products license in
16 accordance with s. 370.021.
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18 Any person assessed an administrative penalty under this
19 paragraph shall, within 30 calendar days after notification,
20 pay the administrative penalty to the commission or request an
21 administrative hearing under ss. 120.569 and 120.57. The
22 proceeds of all administrative penalties collected under this
23 paragraph shall be deposited in the Marine Resources
24 Conservation Trust Fund.
25 (b) Trap theft; prohibitions and penalties.--It is
26 unlawful for any person to remove or take possession of the
27 contents of another harvester's blue crab trap without the
28 express written consent of the trap owner, which must be
29 available for immediate inspection. Unauthorized possession of
30 another harvester's blue crab trap gear or removal of trap
31 contents constitutes theft. Any person convicted of theft of
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1 or from a blue crab trap pursuant to this paragraph shall, in
2 addition to the penalties specified in s. 370.021 and the
3 provisions of this section, permanently lose all of his or her
4 saltwater fishing privileges, including saltwater products
5 licenses, blue crab endorsements, and all blue crab trap tags
6 allotted to him or her by the commission. In such cases, blue
7 crab endorsements are nontransferable. In addition, any
8 person, firm, or corporation convicted of a violation of this
9 paragraph shall also be assessed an administrative penalty of
10 up to $5,000. Immediately upon receiving a citation for a
11 violation involving theft of or from a trap and until
12 adjudicated for such a violation or upon receipt of a judicial
13 disposition other than dismissal or acquittal on such a
14 violation, the violator is prohibited from transferring any
15 blue crab endorsement.
16 (c) Criminal activities.--Any person, firm, or
17 corporation convicted of violating commission rules that
18 prohibit any of the following commits a felony of the third
19 degree, punishable as provided in s. 775.082, s. 775.083, or
20 s. 775.084:
21 1. The willful molestation of any blue crab trap,
22 line, or buoy that is the property of any licenseholder,
23 without the permission of that licenseholder.
24 2. The bartering, trading, leasing, or sale, or
25 conspiring or aiding in such barter, trade, lease, or sale, or
26 supplying, agreeing to supply, aiding in supplying, or giving
27 away blue crab trap tags unless the action is duly authorized
28 by commission rules.
29 3. The making, altering, forging, counterfeiting, or
30 reproducing of blue crab trap tags.
31 4. Possession of altered, forged, counterfeit, or
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1 imitation blue crab trap tags.
2 5. Possession of original trap tags and replacement
3 trap tags, the sum of which exceeds by 1 percent the number of
4 traps allowed by rule of the commission.
5 6. Engaging in the commercial harvest of blue crabs
6 during the time the licenseholder's blue crab endorsements are
7 under suspension or revocation.
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9 In addition, any person, firm, or corporation convicted of a
10 violation of this paragraph shall be assessed an
11 administrative penalty of up to $5,000, and all of the blue
12 crab endorsements possessed by the person, firm, or
13 corporation may be suspended for up to 24 calendar months.
14 Immediately upon receiving a citation involving a violation of
15 this paragraph and until adjudicated for such a violation, or
16 if convicted of such a violation, the person, firm, or
17 corporation committing the violation is prohibited from
18 transferring any blue crab endorsements.
19 (d) Endorsement transfers; fraudulent reports;
20 penalties.--For any person, firm, or corporation convicted of
21 fraudulently reporting the actual value of transferred blue
22 crab endorsements, the commission may automatically suspend or
23 permanently revoke the seller's or the purchaser's blue crab
24 endorsements. If the endorsement is permanently revoked, the
25 commission shall also permanently deactivate the endorsement
26 holder's blue crab trap tag accounts.
27 (e) Prohibitions during endorsement suspension and
28 revocation.--During any period of suspension or after
29 revocation of a blue crab endorsement holder's endorsements,
30 he or she shall, within 15 days after notice provided by the
31 commission, remove from the water all traps subject to that
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1 endorsement. Failure to do so shall extend the period of
2 suspension for an additional 6 calendar months.
3 (5) For purposes of this section, a conviction is any
4 disposition other than acquittal or dismissal.
5 (6) A blue crab endorsement may not be renewed until
6 all fees and administrative penalties imposed under this
7 section are paid.
8 Section 2. For the 2006-2007 fiscal year, the sum of
9 $132,000 is appropriated from the Marine Resources
10 Conservation Trust Fund to the Fish and Wildlife Conservation
11 Commission on a recurring basis for the purpose of
12 implementing the blue crab effort management program pursuant
13 to s. 370.135(3)(b), Florida Statutes, and administrative
14 costs of the Blue Crab Advisory Board as created by commission
15 rule.
16 Section 3. Subsection (1) of section 370.13, Florida
17 Statutes, is amended to read:
18 370.13 Stone crab; regulation.--
19 (1) FEES AND EQUITABLE RENT.--
20 (a) Endorsement fee.--The fee for a stone crab
21 endorsement for the taking of stone crabs, as required by rule
22 of the Fish and Wildlife Conservation Commission, is $125, $25
23 of which must be used solely for trap retrieval under s.
24 370.143.
25 (b) Certificate fees.--
26 1. For each trap certificate issued by the commission
27 under the requirements of the stone crab trap limitation
28 program established by commission rule, there is an annual fee
29 of 50 cents per certificate. Replacement tags for lost or
30 damaged tags cost 50 cents each. In the event of a major
31 natural disaster, such as a hurricane or major storm, which
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1 causes massive trap losses within an area declared by the
2 Governor to be a disaster emergency area, the commission may
3 temporarily defer or permanently waive replacement tag fees.,
4 except that tags lost in the event of a major natural disaster
5 declared as an emergency disaster by the Governor shall be
6 replaced for the cost of the tag as incurred by the
7 commission.
8 2. The fee for transferring trap certificates is $1
9 per certificate transferred, except that the fee for eligible
10 crew members is 50 cents per certificate transferred. Eligible
11 crew members shall be determined according to criteria
12 established by rule of the commission. Payment must be made by
13 money order or cashier's check, submitted with the certificate
14 transfer form developed by the commission.
15 3. In addition to the transfer fee, a surcharge of $1
16 per certificate transferred, or 25 percent of the actual value
17 of the transferred certificate, whichever is greater, will be
18 assessed the first time a certificate is transferred outside
19 the original holder's immediate family.
20 4. Transfer fees and surcharges only apply to the
21 actual number of certificates received by the purchaser. A
22 transfer of a certificate is not effective until the
23 commission receives a notarized copy of the bill of sale as
24 proof of the actual value of the transferred certificate or
25 certificates, which must also be submitted with the transfer
26 form and payment.
27 5. A transfer fee will not be assessed or required
28 when the transfer is within a family as a result of the death
29 or disability of the certificate owner. A surcharge will not
30 be assessed for any transfer within an individual's immediate
31 family.
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1 6. The fees and surcharge amounts in this paragraph
2 apply in the 2005-2006 license year and subsequent years.
3 (c) Incidental take endorsement.--The cost of an
4 incidental take endorsement, as established by commission
5 rule, is $25.
6 (d) Equitable rent.--The commission may establish by
7 rule an amount of equitable rent per trap certificate that may
8 be recovered as partial compensation to the state for the
9 enhanced access to its natural resources. In determining
10 whether to establish such a rent and the amount thereof, the
11 commission may consider the amount of revenues annually
12 generated by endorsement fees, trap certificate fees, transfer
13 fees, surcharges, replacement trap tag fees, trap retrieval
14 fees, incidental take endorsement fees, and the continued
15 economic viability of the commercial stone crab industry.
16 Final approval of such a rule shall be by the Governor and
17 Cabinet sitting as the Board of Trustees of the Internal
18 Improvement Trust Fund.
19 (d)(e) Disposition of fees, surcharges, civil
20 penalties and fines, and equitable rent.--Endorsement fees,
21 trap certificate fees, transfer fees, civil penalties and
22 fines, surcharges, replacement trap tag fees, trap retrieval
23 fees, and incidental take endorsement fees, and equitable
24 rent, if any, must be deposited in the Marine Resources
25 Conservation Trust Fund. Not more than 50 percent of the
26 revenues generated under this section may be used for
27 operation and administration of the stone crab trap limitation
28 program. The remaining revenues generated under this program
29 are to be used for trap retrieval, management of the stone
30 crab fishery, public education activities, evaluation of the
31 impact of trap reductions on the stone crab fishery, and
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1 enforcement activities in support of the stone crab trap
2 limitation program.
3 (e)(f) Program to be self-supporting.--The stone crab
4 trap limitation program is intended to be a self-supporting
5 program funded from proceeds generated under this section.
6 (f)(g) No vested rights.--The stone crab trap
7 limitation program does not create any vested rights for
8 endorsement or certificateholders and may be altered or
9 terminated by the commission as necessary to protect the stone
10 crab resource, the participants in the fishery, or the public
11 interest.
12 Section 4. Section 370.14, Florida Statutes, is
13 amended to read:
14 370.14 Spiny lobster Crawfish; regulation.--
15 (1) It is the intent of the Legislature to maintain
16 the spiny lobster crawfish industry for the economy of the
17 state and to conserve the stocks supplying this industry. The
18 provisions of this act regulating the taking of spiny lobster
19 saltwater crawfish are for the purposes of ensuring and
20 maintaining the highest possible production of spiny lobster
21 saltwater crawfish.
22 (2)(a)1. Each person taking or attempting to take
23 spiny lobster crawfish with a trap in commercial quantities or
24 for commercial purposes shall obtain and exhibit a spiny
25 lobster crawfish trap number, as required by the Fish and
26 Wildlife Conservation Commission. The annual fee for a spiny
27 lobster crawfish trap number is $125. This trap number may be
28 issued by the commission upon the receipt of application by
29 the person when accompanied by the payment of the fee. The
30 design of the applications and of the trap number shall be
31 determined by the commission. Any trap or device used in
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1 taking or attempting to take spiny lobster crawfish, other
2 than a trap with the trap number, shall be seized and
3 destroyed by the commission. The proceeds of the fees imposed
4 by this paragraph shall be deposited and used as provided in
5 paragraph (b). The commission may adopt rules to carry out the
6 intent of this section.
7 2. Each person taking or attempting to take spiny
8 lobster crawfish in commercial quantities or for commercial
9 purposes by any method, other than with a trap having a spiny
10 lobster crawfish trap number issued by the commission, must
11 pay an annual fee of $100.
12 (b) Twenty-five dollars of the $125 fee for a spiny
13 lobster crawfish trap number required under subparagraph (a)1.
14 must be used only for trap retrieval as provided in s.
15 370.143. The remainder of the fees collected pursuant to
16 paragraph (a) shall be deposited as follows:
17 1. Fifty percent of the fees collected shall be
18 deposited in the Marine Resources Conservation Trust Fund for
19 use in enforcing the provisions of paragraph (a) through
20 aerial and other surveillance and trap retrieval.
21 2. Fifty percent of the fees collected shall be
22 deposited as provided in s. 370.142(5).
23 (3) The spiny lobster crawfish license must be on
24 board the boat, and both the license and the harvested spiny
25 lobster crawfish shall be subject to inspection at all times.
26 Only one license shall be issued for each boat. The spiny
27 lobster crawfish license number must be prominently displayed
28 above the topmost portion of the boat so as to be easily and
29 readily identified.
30 (4) It is a felony of the third degree, punishable as
31 provided in s. 775.082 or s. 775.083, for any person willfully
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1 to molest any spiny lobster crawfish traps, lines, or buoys
2 belonging to another without permission of the licenseholder.
3 (5) Any spiny lobster crawfish licenseholder, upon
4 selling licensed spiny lobster crawfish traps, shall furnish
5 the commission notice of such sale of all or part of his or
6 her interest within 15 days thereof. Any holder of said
7 license shall also notify the commission within 15 days if his
8 or her address no longer conforms to the address appearing on
9 the license and shall, as a part of such notification, furnish
10 the commission with his or her new address.
11 (6)(a) By a special permit granted by the commission,
12 a Florida-licensed seafood dealer may lawfully import,
13 process, and package spiny lobster saltwater crawfish or
14 uncooked tails of the species Panulirus argus during the
15 closed season. However, spiny lobster crawfish landed under
16 special permit shall not be sold in the state.
17 (b) The licensed seafood dealer importing any such
18 spiny lobster crawfish under the permit shall, 12 hours prior
19 to the time the seagoing vessel or airplane delivering such
20 imported spiny lobster crawfish enters the state, notify the
21 commission as to the seagoing vessel's name or the airplane's
22 registration number and its captain, location, and point of
23 destination.
24 (c) At the time the spiny lobster crawfish cargo is
25 delivered to the permitholder's place of business, the spiny
26 lobster crawfish cargo shall be weighed and shall be available
27 for inspection by the commission. A signed receipt of such
28 quantity in pounds shall be forwarded to the commission within
29 48 hours after shipment weigh-in completion. If requested by
30 the commission, the weigh-in process will be delayed up to 4
31 hours to allow for a commission representative to be present
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1 during the process.
2 (d) Within 48 hours after shipment weigh-in
3 completion, the permitholder shall submit to the commission,
4 on forms provided by the commission, a sworn report of the
5 quantity in pounds of the spiny lobster saltwater crawfish
6 received, which report shall include the location of said
7 spiny lobster crawfish and a sworn statement that said spiny
8 lobster crawfish were taken at least 50 miles from Florida's
9 shoreline. The landing of spiny lobster crawfish or spiny
10 lobster crawfish tails from which the eggs, swimmerettes, or
11 pleopods have been removed; the falsification of information
12 as to area from which spiny lobster crawfish were obtained; or
13 the failure to file the report called for in this section
14 shall be grounds to revoke the permit.
15 (e) Each permitholder shall keep throughout the period
16 of the closed season copies of the bill of sale or invoices
17 covering each transaction involving spiny lobster crawfish
18 imported under this permit. Such invoices and bills shall be
19 kept available at all times for inspection by the commission.
20 (7)(a) A Florida-licensed seafood dealer may obtain a
21 special permit to import, process, and package uncooked tails
22 of spiny lobster saltwater crawfish upon the payment of the
23 sum of $100 to the commission.
24 (b) A special permit must be obtained by any airplane
25 or seagoing vessel other than a common carrier used to
26 transport spiny lobster saltwater crawfish or spiny lobster
27 crawfish tails for purchase by licensed seafood dealers for
28 purposes as provided herein upon the payment of $50.
29 (c) All special permits issued under this subsection
30 are nontransferable.
31 (8) No common carrier or employee of said carrier may
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1 carry, knowingly receive for carriage, or permit the carriage
2 of any spiny lobster crawfish of the species Panulirus argus,
3 regardless of where taken, during the closed season, except of
4 the species Panulirus argus lawfully imported from a foreign
5 country for reshipment outside of the territorial limits of
6 the state under United States Customs bond or in accordance
7 with paragraph (7)(a).
8 Section 5. Paragraphs (a), (b), and (c) of subsection
9 (2) of section 370.142, Florida Statutes, are amended to read:
10 370.142 Spiny lobster trap certificate program.--
11 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
12 PENALTIES.--The Fish and Wildlife Conservation Commission
13 shall establish a trap certificate program for the spiny
14 lobster fishery of this state and shall be responsible for its
15 administration and enforcement as follows:
16 (a) Transferable trap certificates.--Each holder of a
17 saltwater products license who uses traps for taking or
18 attempting to take spiny lobsters shall be required to have a
19 certificate on record for each trap possessed or used
20 therefor, except as otherwise provided in this section.
21 1. The Department of Environmental Protection shall
22 initially allot such certificates to each licenseholder with a
23 current spiny lobster crawfish trap number who uses traps.
24 The number of such certificates allotted to each such
25 licenseholder shall be based on the trap/catch coefficient
26 established pursuant to trip ticket records generated under
27 the provisions of s. 370.06(2) over a 3-year base period
28 ending June 30, 1991. The trap/catch coefficient shall be
29 calculated by dividing the sum of the highest reported single
30 license-year landings up to a maximum of 30,000 pounds for
31 each such licenseholder during the base period by 700,000.
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1 Each such licenseholder shall then be allotted the number of
2 certificates derived by dividing his or her highest reported
3 single license-year landings up to a maximum of 30,000 pounds
4 during the base period by the trap/catch coefficient.
5 Nevertheless, no licenseholder with a current spiny lobster
6 crawfish trap number shall be allotted fewer than 10
7 certificates. However, certificates may only be issued to
8 individuals; therefore, all licenseholders other than
9 individual licenseholders shall designate the individual or
10 individuals to whom their certificates will be allotted and
11 the number thereof to each, if more than one. After initial
12 issuance, trap certificates are transferable on a market basis
13 and may be transferred from one licenseholder to another for a
14 fair market value agreed upon between the transferor and
15 transferee. Each such transfer shall, within 72 hours thereof,
16 be recorded on a notarized form provided for that purpose by
17 the Fish and Wildlife Conservation Commission and hand
18 delivered or sent by certified mail, return receipt requested,
19 to the commission for recordkeeping purposes. In addition, In
20 order to cover the added administrative costs of the program
21 and to recover an equitable natural resource rent for the
22 people of the state, a transfer fee of $2 per certificate
23 transferred shall be assessed against the purchasing
24 licenseholder and sent by money order or cashier's check with
25 the certificate transfer form. Also, in addition to the
26 transfer fee, a surcharge of $5 per certificate transferred or
27 25 percent of the actual market value, whichever is greater,
28 given to the transferor shall be assessed the first time a
29 certificate is transferred outside the original transferor's
30 immediate family. No transfer of a certificate shall be
31 effective until the commission receives the notarized transfer
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1 form and the transfer fee, including any surcharge, is paid.
2 The commission may establish by rule an amount of equitable
3 rent per trap certificate that shall be recovered as partial
4 compensation to the state for the enhanced access to its
5 natural resources. Final approval of such a rule shall be by
6 the Governor and Cabinet sitting as the Board of Trustees of
7 the Internal Improvement Trust Fund. In determining whether to
8 establish such a rent and, if so, the amount thereof, the
9 commission shall consider the amount of revenues annually
10 generated by certificate fees, transfer fees, surcharges, trap
11 license fees, and sales taxes, the demonstrated fair market
12 value of transferred certificates, and the continued economic
13 viability of the commercial lobster industry. The proceeds of
14 equitable rent recovered shall be deposited in the Marine
15 Resources Conservation Trust Fund and used by the commission
16 for research, management, and protection of the spiny lobster
17 fishery and habitat. A transfer fee may not be assessed or
18 required when the transfer is within a family as a result of
19 the death or disability of the certificate owner. A surcharge
20 will not be assessed for any transfer within an individual's
21 immediate family.
22 2. No person, firm, corporation, or other business
23 entity may control, directly or indirectly, more than 1.5
24 percent of the total available certificates in any license
25 year.
26 3. The commission shall maintain records of all
27 certificates and their transfers and shall annually provide
28 each licenseholder with a statement of certificates held.
29 4. The number of trap tags issued annually to each
30 licenseholder shall not exceed the number of certificates held
31 by the licenseholder at the time of issuance, and such tags
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1 and a statement of certificates held shall be issued
2 simultaneously.
3 5. Beginning July 1, 2003, and applicable to the
4 2003-2004 lobster season and thereafter, It is unlawful for
5 any person to lease spiny lobster trap tags or certificates.
6 (b) Trap tags.--Each trap used to take or attempt to
7 take spiny lobsters in state waters or adjacent federal waters
8 shall, in addition to the spiny lobster crawfish trap number
9 required by s. 370.14(2), have affixed thereto an annual trap
10 tag issued by the commission. Each such tag shall be made of
11 durable plastic or similar material and shall, based on the
12 number of certificates held, have stamped thereon the owner's
13 license number. To facilitate enforcement and recordkeeping,
14 such tags shall be issued each year in a color different from
15 that of each of the previous 3 years. The annual certificate
16 fee shall be $1 per certificate. Replacement tags for lost or
17 damaged tags may be obtained as provided by rule of the
18 commission. In the event of a major natural disaster, such as
19 a hurricane or major storm, which causes massive trap losses
20 within an area declared by the Governor to be a disaster
21 emergency area, the commission may temporarily defer or
22 permanently waive replacement tag fees.
23 (c) Prohibitions; penalties.--
24 1. It is unlawful for a person to possess or use a
25 spiny lobster trap in or on state waters or adjacent federal
26 waters without having affixed thereto the trap tag required by
27 this section. It is unlawful for a person to possess or use
28 any other gear or device designed to attract and enclose or
29 otherwise aid in the taking of spiny lobster by trapping that
30 is not a trap as defined by commission rule in rule
31 68B-24.006(2), Florida Administrative Code.
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1 2. It is unlawful for a person to possess or use spiny
2 lobster trap tags without having the necessary number of
3 certificates on record as required by this section.
4 3. It is unlawful for any person to willfully molest,
5 take possession of, or remove the contents of another
6 harvester's spiny lobster trap without the express written
7 consent of the trap owner available for immediate inspection.
8 Unauthorized possession of another's trap gear or removal of
9 trap contents constitutes theft.
10 a. Any person receiving a judicial disposition other
11 than dismissal or acquittal on a charge of theft of or from a
12 spiny lobster trap pursuant to this subparagraph or s.
13 370.1107 shall, in addition to the penalties specified in ss.
14 370.021 and 370.14 and the provisions of this section,
15 permanently lose all his or her saltwater fishing privileges,
16 including his or her saltwater products license, spiny lobster
17 crawfish endorsement, and all trap certificates allotted to
18 him or her through this program. In such cases, trap
19 certificates and endorsements are nontransferable.
20 b. Any person receiving a judicial disposition other
21 than dismissal or acquittal on a charge of willful molestation
22 of a trap, in addition to the penalties specified in ss.
23 370.021 and 370.14, shall lose all saltwater fishing
24 privileges for a period of 24 calendar months.
25 c. In addition, any person, firm, or corporation
26 charged with violating this paragraph and receiving a judicial
27 disposition other than dismissal or acquittal for violating
28 this subparagraph or s. 370.1107 shall also be assessed an
29 administrative penalty of up to $5,000.
30
31 Immediately upon receiving a citation for a violation
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1 involving theft of or from a trap, or molestation of a trap,
2 and until adjudicated for such a violation or, upon receipt of
3 a judicial disposition other than dismissal or acquittal of
4 such a violation, the person, firm, or corporation committing
5 the violation is prohibited from transferring any crawfish
6 trap certificates and endorsements.
7 4. In addition to any other penalties provided in s.
8 370.021, a commercial harvester, as defined by rule
9 68B-24.002(1), Florida Administrative Code, who violates the
10 provisions of this section, or commission rules the provisions
11 relating to spiny lobster traps of chapter 68B-24, Florida
12 Administrative Code, shall be punished as follows:
13 a. If the first violation is for violation of
14 subparagraph 1. or subparagraph 2., the commission shall
15 assess an additional administrative civil penalty of up to
16 $1,000 and the spiny lobster crawfish trap number issued
17 pursuant to s. 370.14(2) or (6) may be suspended for the
18 remainder of the current license year. For all other first
19 violations, the commission shall assess an additional
20 administrative civil penalty of up to $500.
21 b. For a second violation of subparagraph 1. or
22 subparagraph 2. which occurs within 24 months of any previous
23 such violation, the commission shall assess an additional
24 administrative civil penalty of up to $2,000 and the spiny
25 lobster crawfish trap number issued pursuant to s. 370.14(2)
26 or (6) may be suspended for the remainder of the current
27 license year.
28 c. For a third or subsequent violation of subparagraph
29 1., subparagraph 2., or subparagraph 3. which occurs within 36
30 months of any previous two such violations, the commission
31 shall assess an additional administrative civil penalty of up
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1 to $5,000 and may suspend the spiny lobster crawfish trap
2 number issued pursuant to s. 370.14(2) or (6) for a period of
3 up to 24 months or may revoke the spiny lobster crawfish trap
4 number and, if revoking the spiny lobster crawfish trap
5 number, may also proceed against the licenseholder's saltwater
6 products license in accordance with the provisions of s.
7 370.021(2)(h).
8 d. Any person assessed an additional administrative
9 civil penalty pursuant to this section shall within 30
10 calendar days after notification:
11 (I) Pay the administrative civil penalty to the
12 commission; or
13 (II) Request an administrative hearing pursuant to the
14 provisions of ss. 120.569 and 120.57 s. 120.60.
15 e. The commission shall suspend the spiny lobster
16 crawfish trap number issued pursuant to s. 370.14(2) or (6)
17 for any person failing to comply with the provisions of
18 sub-subparagraph d.
19 5.a. It is unlawful for any person to make, alter,
20 forge, counterfeit, or reproduce a spiny lobster trap tag or
21 certificate.
22 b. It is unlawful for any person to knowingly have in
23 his or her possession a forged, counterfeit, or imitation
24 spiny lobster trap tag or certificate.
25 c. It is unlawful for any person to barter, trade,
26 sell, supply, agree to supply, aid in supplying, or give away
27 a spiny lobster trap tag or certificate or to conspire to
28 barter, trade, sell, supply, aid in supplying, or give away a
29 spiny lobster trap tag or certificate unless such action is
30 duly authorized by the commission as provided in this chapter
31 or in the rules of the commission.
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1 6.a. Any person who violates the provisions of
2 subparagraph 5., or any person who engages in the commercial
3 harvest, trapping, or possession of spiny lobster without a
4 spiny lobster crawfish trap number as required by s. 370.14(2)
5 or (6) or during any period while such spiny lobster crawfish
6 trap number is under suspension or revocation, commits a
7 felony of the third degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084.
9 b. In addition to any penalty imposed pursuant to
10 sub-subparagraph a., the commission shall levy a fine of up to
11 twice the amount of the appropriate surcharge to be paid on
12 the fair market value of the transferred certificates, as
13 provided in subparagraph (a)1., on any person who violates the
14 provisions of sub-subparagraph 5.c.
15 c. In addition to any penalty imposed pursuant to
16 sub-subparagraph a., any person receiving any judicial
17 disposition other than acquittal or dismissal for a violation
18 of subparagraph 5. shall be assessed an administrative penalty
19 of up to $5,000, and the spiny lobster endorsement under which
20 the violation was committed may be suspended for up to 24
21 calendar months. Immediately upon issuance of a citation
22 involving a violation of subparagraph 5. and until
23 adjudication of such a violation, and after receipt of any
24 judicial disposition other than acquittal or dismissal for
25 such a violation, the person holding the spiny lobster
26 endorsement listed on the citation is prohibited from
27 transferring any spiny lobster trap certificates.
28 7. Any certificates for which the annual certificate
29 fee is not paid for a period of 3 years shall be considered
30 abandoned and shall revert to the commission. During any
31 period of trap reduction, any certificates reverting to the
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1 commission shall become permanently unavailable and be
2 considered in that amount to be reduced during the next
3 license-year period. Otherwise, any certificates that revert
4 to the commission are to be reallotted in such manner as
5 provided by the commission.
6 8. The proceeds of all administrative civil penalties
7 collected pursuant to subparagraph 4. and all fines collected
8 pursuant to sub-subparagraph 6.b. shall be deposited into the
9 Marine Resources Conservation Trust Fund.
10 9. All traps shall be removed from the water during
11 any period of suspension or revocation.
12 Section 6. Section 370.143, Florida Statutes, is
13 amended to read:
14 370.143 Retrieval of spiny lobster, crawfish, and
15 stone crab, blue crab, and black sea bass traps during closed
16 season; commission authority; fees.--
17 (1) The Fish and Wildlife Conservation Commission is
18 authorized to implement a trap retrieval program for retrieval
19 of spiny lobster, crawfish, and stone crab, blue crab, and
20 black sea bass traps remaining in the water during the closed
21 season for each species. The commission is authorized to
22 contract with outside agents for the program operation.
23 (2) A retrieval fee of $10 per trap retrieved shall be
24 assessed trap owners. However, for each person holding a spiny
25 lobster endorsement, crawfish stamp number or a stone crab
26 endorsement, or a blue crab endorsement issued under rule of
27 the commission, the retrieval fee shall be waived for the
28 first five traps retrieved. Traps recovered under this program
29 shall become the property of the commission or its contract
30 agent, as determined by the commission, and shall be either
31 destroyed or resold to the original owner. Revenue from
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1 retrieval fees shall be deposited in the Marine Resources
2 Conservation Trust Fund and used solely for operation of the
3 trap retrieval program.
4 (3) Payment of all assessed retrieval fees shall be
5 required prior to renewal of the trap owner's saltwater
6 products license and stone crab and or crawfish endorsements.
7 Retrieval fees assessed under this program shall stand in lieu
8 of other penalties imposed for such trap violations.
9 (4) In the event of a major natural disaster, such as
10 a hurricane or major storm, which causes major trap losses
11 within an area declared by the Governor to be a disaster
12 emergency area, the commission shall waive the trap retrieval
13 fee. In the event of a major natural disaster in an area
14 declared by the Governor to be a disaster emergency area, such
15 as a hurricane or major storm causing massive trap losses, the
16 commission shall waive the trap retrieval fee.
17 Section 7. Paragraph (j) is added to subsection (1) of
18 section 370.0603, Florida Statutes, and paragraphs (c) and (d)
19 of subsection (2) of that section are amended, to read:
20 370.0603 Marine Resources Conservation Trust Fund;
21 purposes.--
22 (1) The Marine Resources Conservation Trust Fund
23 within the Fish and Wildlife Conservation Commission shall
24 serve as a broad-based depository for funds from various
25 marine-related and boating-related activities and shall be
26 administered by the commission for the purposes of:
27 (j) Funding for the stone crab trap reduction program
28 under s. 370.13, the blue crab effort management program under
29 s. 370.135, the spiny lobster trap certificate program under
30 s. 370.142, and the trap retrieval program under s. 370.143.
31 (2) The Marine Resources Conservation Trust Fund shall
25
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1 receive the proceeds from:
2 (c) All fees collected pursuant to ss. 370.063,
3 370.13, 370.135, 370.142, 370.143, and 372.5704.
4 (d) All fines and penalties pursuant to ss. s.
5 370.021, 370.13, 370.135, and 370.142.
6 Section 8. Paragraph (a) of subsection (3) of section
7 921.0022, Florida Statutes, is amended to read:
8 921.0022 Criminal Punishment Code; offense severity
9 ranking chart.--
10 (3) OFFENSE SEVERITY RANKING CHART
11
12 Florida Felony
13 Statute Degree Description
14
15 (a) LEVEL 1
16 24.118(3)(a) 3rd Counterfeit or altered state
17 lottery ticket.
18 212.054(2)(b) 3rd Discretionary sales surtax;
19 limitations, administration, and
20 collection.
21 212.15(2)(b) 3rd Failure to remit sales taxes,
22 amount greater than $300 but less
23 than $20,000.
24 316.1935(1) 3rd Fleeing or attempting to elude
25 law enforcement officer.
26 319.30(5) 3rd Sell, exchange, give away
27 certificate of title or
28 identification number plate.
29 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
30 odometer.
31
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1 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
2 registration license plates or
3 validation stickers.
4 322.212
5 (1)(a)-(c) 3rd Possession of forged, stolen,
6 counterfeit, or unlawfully issued
7 driver's license; possession of
8 simulated identification.
9 322.212(4) 3rd Supply or aid in supplying
10 unauthorized driver's license or
11 identification card.
12 322.212(5)(a) 3rd False application for driver's
13 license or identification card.
14 370.13(2)(c)1. 3rd Molest any stone crab trap, line,
15 or buoy which is property of
16 licenseholder.
17 370.135(1) 3rd Molest any blue crab trap, line,
18 or buoy which is property of
19 licenseholder.
20 372.663(1) 3rd Poach any alligator or
21 crocodilia.
22 414.39(2) 3rd Unauthorized use, possession,
23 forgery, or alteration of food
24 stamps, Medicaid ID, value
25 greater than $200.
26 414.39(3)(a) 3rd Fraudulent misappropriation of
27 public assistance funds by
28 employee/official, value more
29 than $200.
30 443.071(1) 3rd False statement or representation
31 to obtain or increase
27
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1 unemployment compensation
2 benefits.
3 509.151(1) 3rd Defraud an innkeeper, food or
4 lodging value greater than $300.
5 517.302(1) 3rd Violation of the Florida
6 Securities and Investor
7 Protection Act.
8 562.27(1) 3rd Possess still or still apparatus.
9 713.69 3rd Tenant removes property upon
10 which lien has accrued, value
11 more than $50.
12 812.014(3)(c) 3rd Petit theft (3rd conviction);
13 theft of any property not
14 specified in subsection (2).
15 812.081(2) 3rd Unlawfully makes or causes to be
16 made a reproduction of a trade
17 secret.
18 815.04(4)(a) 3rd Offense against intellectual
19 property (i.e., computer
20 programs, data).
21 817.52(2) 3rd Hiring with intent to defraud,
22 motor vehicle services.
23 817.569(2) 3rd Use of public record or public
24 records information to facilitate
25 commission of a felony.
26 826.01 3rd Bigamy.
27 828.122(3) 3rd Fighting or baiting animals.
28 831.04(1) 3rd Any erasure, alteration, etc., of
29 any replacement deed, map, plat,
30 or other document listed in s.
31 92.28.
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1 831.31(1)(a) 3rd Sell, deliver, or possess
2 counterfeit controlled
3 substances, all but s. 893.03(5)
4 drugs.
5 832.041(1) 3rd Stopping payment with intent to
6 defraud $150 or more.
7 832.05
8 (2)(b)&(4)(c) 3rd Knowing, making, issuing
9 worthless checks $150 or more or
10 obtaining property in return for
11 worthless check $150 or more.
12 838.15(2) 3rd Commercial bribe receiving.
13 838.16 3rd Commercial bribery.
14 843.18 3rd Fleeing by boat to elude a law
15 enforcement officer.
16 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
17 lewd, etc., material (2nd
18 conviction).
19 849.01 3rd Keeping gambling house.
20 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
21 or assist therein, conduct or
22 advertise drawing for prizes, or
23 dispose of property or money by
24 means of lottery.
25 849.23 3rd Gambling-related machines;
26 "common offender" as to property
27 rights.
28 849.25(2) 3rd Engaging in bookmaking.
29 860.08 3rd Interfere with a railroad signal.
30 860.13(1)(a) 3rd Operate aircraft while under the
31 influence.
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1 893.13(2)(a)2. 3rd Purchase of cannabis.
2 893.13(6)(a) 3rd Possession of cannabis (more than
3 20 grams).
4 934.03(1)(a) 3rd Intercepts, or procures any other
5 person to intercept, any wire or
6 oral communication.
7 Section 9. This act shall take effect July 1, 2006.
8
9
10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 Delete everything before the enacting clause
13
14 and insert:
15 A bill to be entitled
16 An act relating to saltwater fisheries;
17 amending s. 370.135, F.S.; establishing certain
18 endorsement fees for the taking of blue crabs;
19 establishing an annual trap tag fee;
20 authorizing the Fish and Wildlife Conservation
21 Commission to waive endorsement and trap tag
22 fees for a 1-year period; authorizing the
23 waiver of blue crab trap replacement tag fees
24 under certain conditions; requiring the deposit
25 of certain proceeds into the Marine Resources
26 Conservation Trust Fund; specifying the use of
27 such proceeds; providing administrative
28 penalties for certain violations; prohibiting
29 the unauthorized possession of blue crab trap
30 gear or removal of blue crab trap contents and
31 providing penalties therefor; providing
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1 penalties for certain other prohibited
2 activities relating to blue crab traps, lines,
3 buoys, and trap tags; providing penalties for
4 fraudulent reports related to endorsement
5 transfers; prohibiting certain activities
6 during endorsement suspension and revocation;
7 preserving state jurisdiction for certain
8 convictions; providing requirements for certain
9 license renewal; appropriating certain fee
10 revenues to the commission for blue crab effort
11 management program costs; amending s. 370.13,
12 F.S.; deleting authorization for the
13 establishment of equitable rent; authorizing
14 the waiver of stone crab trap replacement tag
15 fees under certain conditions; amending s.
16 370.14, F.S.; clarifying provisions regulating
17 spiny lobsters; amending s. 370.142, F.S.;
18 providing administrative penalties for certain
19 violations of the spiny lobster trap
20 certificate program; authorizing the waiver of
21 spiny lobster trap replacement tag fees under
22 certain conditions; deleting the authority of
23 the commission to recover a natural resource
24 rent; deleting authorization for the
25 establishment of an equitable rent; amending s.
26 370.143, F.S.; revising provisions for certain
27 trap retrieval programs and fees; amending s.
28 370.0603, F.S.; authorizing the deposit of
29 certain funds into the Marine Resources
30 Conservation Trust Fund; providing purposes for
31 which funds may be used; amending s. 921.0022,
31
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1 F.S.; deleting certain Level One offense
2 designations; providing an effective date.
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