Senate Bill sb2490e1
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1 A bill to be entitled
2 An act relating to saltwater fisheries;
3 amending s. 370.135, F.S.; establishing certain
4 endorsement fees for the taking of blue crabs;
5 establishing an annual trap tag fee;
6 authorizing the Fish and Wildlife Conservation
7 Commission to establish an amount of equitable
8 rent by rule; providing for legislative
9 approval of the rule; authorizing the
10 commission to waive endorsement and trap tag
11 fees for a 1-year period; authorizing the
12 waiver of blue crab trap replacement tag fees
13 under certain conditions; requiring the deposit
14 of certain proceeds into the Marine Resources
15 Conservation Trust Fund; specifying the use of
16 such proceeds; providing administrative
17 penalties for certain violations; prohibiting
18 the unauthorized possession of blue crab trap
19 gear or removal of blue crab trap contents and
20 providing penalties therefor; providing
21 penalties for certain other prohibited
22 activities relating to blue crab traps, lines,
23 buoys, and trap tags; providing penalties for
24 fraudulent reports related to endorsement
25 transfers; prohibiting certain activities
26 during endorsement suspension and revocation;
27 preserving state jurisdiction for certain
28 convictions; providing requirements for certain
29 license renewal; providing for the expiration
30 of certain provisions unless reenacted by the
31 Legislature during the 2008 Regular Session;
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1 appropriating certain fee revenues to the
2 commission for blue crab effort management
3 program costs; amending s. 370.13, F.S.;
4 providing for legislative approval of
5 commission rules establishing equitable rent;
6 authorizing the waiver of stone crab trap
7 replacement tag fees under certain conditions;
8 amending s. 370.14, F.S.; clarifying provisions
9 regulating spiny lobsters; amending s. 370.142,
10 F.S.; providing administrative penalties for
11 certain violations of the spiny lobster trap
12 certificate program; authorizing the waiver of
13 spiny lobster trap replacement tag fees under
14 certain conditions; providing for legislative
15 approval of rules establishing equitable rent;
16 amending s. 370.143, F.S.; revising provisions
17 for certain trap retrieval programs and fees;
18 amending s. 370.0603, F.S.; authorizing the
19 deposit of certain funds into the Marine
20 Resources Conservation Trust Fund; providing
21 purposes for which funds may be used; amending
22 s.370.025, F.S.; revising rulemaking authority;
23 amending s. 20.331, F.S.; requiring the
24 commission to adopt an adequate due-process
25 rule; providing legislative intent; amending s.
26 921.0022, F.S.; deleting certain Level One
27 offense designations; providing an effective
28 date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Section 370.135, Florida Statutes, is
2 amended to read:
3 370.135 Blue crab; regulation.--
4 (1) No person, firm, or corporation shall transport on
5 the water, fish with or cause to be fished with, set, or place
6 any trap designed for taking blue crabs unless such person,
7 firm, or corporation is the holder of a valid saltwater
8 products license issued pursuant to s. 370.06 and the trap has
9 a current state number permanently attached to the buoy. The
10 trap number shall be affixed in legible figures at least 1
11 inch high on each buoy used. The saltwater products license
12 must be on board the boat, and both the license and the crabs
13 shall be subject to inspection at all times. Only one trap
14 number may be issued for each boat by the commission upon
15 receipt of an application on forms prescribed by it. This
16 subsection shall not apply to an individual fishing with no
17 more than five traps. It is a felony of the third degree,
18 punishable as provided in s. 775.082, s. 775.083, or s.
19 775.084, for any person willfully to molest any traps, lines,
20 or buoys, as defined herein, belonging to another without the
21 express written consent of the trap owner. Any person
22 receiving a judicial disposition other than dismissal or
23 acquittal on a charge of willful molestation of a trap, in
24 addition to the penalties specified in s. 370.021, shall lose
25 all saltwater fishing privileges for a period of 24 calendar
26 months. It is unlawful for any person to remove the contents
27 of or take possession of another harvester's trap without the
28 express written consent of the trap owner available for
29 immediate inspection. Unauthorized possession of another's
30 trap gear or removal of trap contents constitutes theft. Any
31 person receiving a judicial disposition other than dismissal
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1 or acquittal on a charge of theft of or from a trap pursuant
2 to this section or s. 370.1107 shall, in addition to the
3 penalties specified in s. 370.021 and the provisions of this
4 section, permanently lose all his or her saltwater fishing
5 privileges including his or her saltwater products license and
6 blue crab endorsement. In such cases endorsements, landings
7 history, and trap certificates are nontransferable. In
8 addition, any person, firm, or corporation receiving a
9 judicial disposition other than dismissal or acquittal for
10 violating this subsection or s. 370.1107 shall also be
11 assessed an administrative penalty of up to $5,000.
12 Immediately upon receiving a citation for a violation
13 involving theft of or from a trap and until adjudicated for
14 such a violation, or receiving a judicial disposition other
15 than dismissal or acquittal for such a violation, the person,
16 firm, or corporation committing the violation is prohibited
17 from transferring any blue crab endorsements, landings
18 history, or trap certificates.
19 (2) No person shall harvest blue crabs with more than
20 five traps, harvest blue crabs in commercial quantities, or
21 sell blue crabs unless such person holds a valid saltwater
22 products license with a restricted species endorsement and a
23 blue crab endorsement (trap number) issued pursuant to this
24 section subsection.
25 (a) Effective June 1, 1998, and until July 1, 2002, no
26 blue crab endorsement (trap number), except those endorsements
27 that are active during the 1997-1998 fiscal year, shall be
28 renewed or replaced.
29 (b) Effective January 1, 1999, and until July 1, 2002,
30 a trap number holder, or members of his or her immediate
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1 family, must request renewal of the endorsement prior to
2 September 30 of each year.
3 (c) If a person holding an active blue crab
4 endorsement, or a member of that person's immediate family,
5 does not request renewal of the endorsement before the
6 applicable dates as specified in this subsection, the
7 commission shall deactivate that endorsement.
8 (a)(d) In the event of the death or disability of a
9 person holding an active blue crab endorsement, the
10 endorsement may be transferred by the person to a member of
11 his or her immediate family or may be renewed by any person so
12 designated by the executor of the person's estate.
13 (b)(e) Persons who hold saltwater products licenses
14 with blue crab endorsements issued to their boat registration
15 numbers and who subsequently replace their existing vessels
16 with new vessels shall be permitted to transfer the existing
17 licenses to the new boat registration numbers.
18 (3)(a) Endorsement fees.--
19 1. The fee for a hard-shell blue crab endorsement for
20 the taking of hard-shell blue crabs, as authorized by rule of
21 the commission, is $125, $25 of which must be used solely for
22 the trap-retrieval program authorized under s. 370.143 and in
23 commission rules.
24 2. The fee for a soft-shell blue crab endorsement for
25 the taking of soft-shell blue crabs, as authorized by rule of
26 the commission, is $250, $25 of which must be used solely for
27 the trap-retrieval program authorized under s. 370.143 and in
28 commission rules.
29 3. The fee for a nontransferable hard-shell blue crab
30 endorsement for the taking of hard-shell blue crabs, as
31 authorized by rule of the commission, is $125, $25 of which
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1 must be used solely for the trap-retrieval program authorized
2 under s. 370.143 and in commission rules.
3 4. The fee for an incidental-take blue crab
4 endorsement for the taking of blue crabs as bycatch in shrimp
5 trawls and stone crab traps, as authorized in commission
6 rules, is $25.
7 (b) Trap tag fees.--The annual fee for each trap tag
8 issued by the commission under the requirements of the blue
9 crab effort management program established by rule of the
10 commission is 50 cents per tag. The fee for replacement tags
11 for lost or damaged tags is 50 cents per tag plus the cost of
12 shipping. In the event of a major natural disaster, such as a
13 hurricane or major storm, which causes massive trap losses
14 within an area declared by the Governor to be a disaster
15 emergency area, the commission may temporarily defer or
16 permanently waive replacement tag fees.
17 (c) Equitable rent.--The commission may establish by
18 rule an amount of equitable rent that may be recovered as
19 partial compensation to the state for the enhanced access to
20 its natural resources. In determining whether to establish
21 such a rent and the amount thereof, the commission may
22 consider the amount of revenues annually generated by
23 endorsement fees, trap tag fees, replacement trap tag fees,
24 trap retrieval fees, and the continued economic viability of
25 the commercial blue crab industry. A rule establishing an
26 amount of equitable rent shall become effective only upon
27 approval by act of the Legislature.
28 (d) Disposition of fees and fines for civil or
29 criminal penalties.--The fees generated from the sale of blue
30 crab endorsements, trap tags, and replacement trap tags, and
31 fines assessed with civil or criminal penalties authorized
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1 under this section, shall be deposited into the Marine
2 Resources Conservation Trust Fund. Not more than 50 percent of
3 the revenue generated by the sale of endorsements and trap
4 tags and the assessment of fines may be used for the operation
5 and administration of the blue crab effort management program.
6 The remaining revenues generated from the sale of endorsements
7 and trap tags and the assessment of fines may be used for trap
8 retrieval; management of the blue crab fishery; and
9 public-education activities, research, and enforcement
10 activities in support of the blue crab effort management
11 program.
12 (e) Waiver of fees.--For the 2006-2007 license year,
13 the commission shall waive all fees under this subsection for
14 all persons who qualify by September 30, 2006, to participate
15 in the blue crab effort management program established by
16 commission rule.
17 (4)(a) Untagged trap penalties.--In addition to any
18 other penalties provided in s. 370.021 for any person, firm,
19 or corporation that violates commission rules requiring the
20 placement of trap tags for each trap used for the directed
21 harvest of blue crabs, the following administrative penalties
22 apply:
23 1. For a first violation, the commission shall assess
24 an administrative penalty of up to $1,000 and the blue crab
25 endorsement holder's blue crab fishing privileges may be
26 suspended for the remainder of the current license year.
27 2. For a second violation that occurs within 24 months
28 after any previous such violation, the commission shall assess
29 an administrative penalty of up to $2,000 and the blue crab
30 endorsement holder's blue crab fishing privileges may be
31 suspended for 12 calendar months.
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1 3. For a third violation that occurs within 36 months
2 after any two previous such violations, the commission shall
3 assess an administrative penalty of up to $5,000 and the blue
4 crab endorsement holder's blue crab fishing privileges may be
5 suspended for 24 calendar months.
6 4. A fourth violation that occurs within 48 months
7 after any three previous such violations shall result in
8 permanent revocation of all of the violator's saltwater
9 fishing privileges, including having the commission proceed
10 against the endorsement holder's saltwater products license in
11 accordance with s. 370.021.
12
13 Any person assessed an administrative penalty under this
14 paragraph shall, within 30 calendar days after notification,
15 pay the administrative penalty to the commission or request an
16 administrative hearing under ss. 120.569 and 120.57. The
17 proceeds of all administrative penalties collected under this
18 paragraph shall be deposited in the Marine Resources
19 Conservation Trust Fund.
20 (b) Trap theft; prohibitions and penalties.--It is
21 unlawful for any person to remove or take possession of the
22 contents of another harvester's blue crab trap without the
23 express written consent of the trap owner, which must be
24 available for immediate inspection. Unauthorized possession of
25 another harvester's blue crab trap gear or removal of trap
26 contents constitutes theft. Any person convicted of theft of
27 or from a blue crab trap pursuant to this paragraph shall, in
28 addition to the penalties specified in s. 370.021 and the
29 provisions of this section, permanently lose all of his or her
30 saltwater fishing privileges, including saltwater products
31 licenses, blue crab endorsements, and all blue crab trap tags
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1 allotted to him or her by the commission. In such cases, blue
2 crab endorsements are nontransferable. In addition, any
3 person, firm, or corporation convicted of a violation of this
4 paragraph shall also be assessed an administrative penalty of
5 up to $5,000. Immediately upon receiving a citation for a
6 violation involving theft of or from a trap and until
7 adjudicated for such a violation or upon receipt of a judicial
8 disposition other than dismissal or acquittal on such a
9 violation, the violator is prohibited from transferring any
10 blue crab endorsement.
11 (c) Criminal activities.--Any person, firm, or
12 corporation convicted of violating commission rules that
13 prohibit any of the following commits a felony of the third
14 degree, punishable as provided in s. 775.082, s. 775.083, or
15 s. 775.084:
16 1. The willful molestation of any blue crab trap,
17 line, or buoy that is the property of any licenseholder,
18 without the permission of that licenseholder.
19 2. The bartering, trading, leasing, or sale, or
20 conspiring or aiding in such barter, trade, lease, or sale, or
21 supplying, agreeing to supply, aiding in supplying, or giving
22 away blue crab trap tags unless the action is duly authorized
23 by commission rules.
24 3. The making, altering, forging, counterfeiting, or
25 reproducing of blue crab trap tags.
26 4. Possession of altered, forged, counterfeit, or
27 imitation blue crab trap tags.
28 5. Possession of original trap tags and replacement
29 trap tags, the sum of which exceeds by 1 percent the number of
30 traps allowed by rule of the commission.
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1 6. Engaging in the commercial harvest of blue crabs
2 during the time the licenseholder's blue crab endorsements are
3 under suspension or revocation.
4
5 In addition, any person, firm, or corporation convicted of a
6 violation of this paragraph shall be assessed an
7 administrative penalty of up to $5,000, and all of the blue
8 crab endorsements possessed by the person, firm, or
9 corporation may be suspended for up to 24 calendar months.
10 Immediately upon receiving a citation involving a violation of
11 this paragraph and until adjudicated for such a violation, or
12 if convicted of such a violation, the person, firm, or
13 corporation committing the violation is prohibited from
14 transferring any blue crab endorsements.
15 (d) Endorsement transfers; fraudulent reports;
16 penalties.--For any person, firm, or corporation convicted of
17 fraudulently reporting the actual value of transferred blue
18 crab endorsements, the commission may automatically suspend or
19 permanently revoke the seller's or the purchaser's blue crab
20 endorsements. If the endorsement is permanently revoked, the
21 commission shall also permanently deactivate the endorsement
22 holder's blue crab trap tag accounts.
23 (e) Prohibitions during endorsement suspension and
24 revocation.--During any period of suspension or after
25 revocation of a blue crab endorsement holder's endorsements,
26 he or she shall, within 15 days after notice provided by the
27 commission, remove from the water all traps subject to that
28 endorsement. Failure to do so shall extend the period of
29 suspension for an additional 6 calendar months.
30 (5) For purposes of this section, a conviction is any
31 disposition other than acquittal or dismissal.
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1 (6) A blue crab endorsement may not be renewed until
2 all fees and administrative penalties imposed under this
3 section are paid.
4 (7) Subsections (3), (4), (5), and (6) shall expire on
5 July 1, 2008, unless reenacted by the Legislature during the
6 2008 Regular Session.
7 Section 2. For the 2006-2007 fiscal year, the sum of
8 $132,000 is appropriated from the Marine Resources
9 Conservation Trust Fund to the Fish and Wildlife Conservation
10 Commission on a recurring basis for the purpose of
11 implementing the blue crab effort management program pursuant
12 to s. 370.135(3)(b), Florida Statutes, and administrative
13 costs of the Blue Crab Advisory Board as created by commission
14 rule.
15 Section 3. Subsection (1) of section 370.13, Florida
16 Statutes, is amended to read:
17 370.13 Stone crab; regulation.--
18 (1) FEES AND EQUITABLE RENT.--
19 (a) Endorsement fee.--The fee for a stone crab
20 endorsement for the taking of stone crabs, as required by rule
21 of the Fish and Wildlife Conservation Commission, is $125, $25
22 of which must be used solely for trap retrieval under s.
23 370.143.
24 (b) Certificate fees.--
25 1. For each trap certificate issued by the commission
26 under the requirements of the stone crab trap limitation
27 program established by commission rule, there is an annual fee
28 of 50 cents per certificate. Replacement tags for lost or
29 damaged tags cost 50 cents each. In the event of a major
30 natural disaster, such as a hurricane or major storm, which
31 causes massive trap losses within an area declared by the
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1 Governor to be a disaster emergency area, the commission may
2 temporarily defer or permanently waive replacement tag fees.,
3 except that tags lost in the event of a major natural disaster
4 declared as an emergency disaster by the Governor shall be
5 replaced for the cost of the tag as incurred by the
6 commission.
7 2. The fee for transferring trap certificates is $1
8 per certificate transferred, except that the fee for eligible
9 crew members is 50 cents per certificate transferred. Eligible
10 crew members shall be determined according to criteria
11 established by rule of the commission. Payment must be made by
12 money order or cashier's check, submitted with the certificate
13 transfer form developed by the commission.
14 3. In addition to the transfer fee, a surcharge of $1
15 per certificate transferred, or 25 percent of the actual value
16 of the transferred certificate, whichever is greater, will be
17 assessed the first time a certificate is transferred outside
18 the original holder's immediate family.
19 4. Transfer fees and surcharges only apply to the
20 actual number of certificates received by the purchaser. A
21 transfer of a certificate is not effective until the
22 commission receives a notarized copy of the bill of sale as
23 proof of the actual value of the transferred certificate or
24 certificates, which must also be submitted with the transfer
25 form and payment.
26 5. A transfer fee will not be assessed or required
27 when the transfer is within a family as a result of the death
28 or disability of the certificate owner. A surcharge will not
29 be assessed for any transfer within an individual's immediate
30 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. A
16 rule establishing an amount of equitable rent shall become
17 effective only upon approval by act of the Legislature. Final
18 approval of such a rule shall be by the Governor and Cabinet
19 sitting as the Board of Trustees of the Internal Improvement
20 Trust Fund.
21 (d)(e) Disposition of fees, surcharges, civil
22 penalties and fines, and equitable rent.--Endorsement fees,
23 trap certificate fees, transfer fees, civil penalties and
24 fines, surcharges, replacement trap tag fees, trap retrieval
25 fees, and incidental take endorsement fees, and equitable
26 rent, if any, must be deposited in the Marine Resources
27 Conservation Trust Fund. Not more than 50 percent of the
28 revenues generated under this section may be used for
29 operation and administration of the stone crab trap limitation
30 program. The remaining revenues generated under this program
31 are to be used for trap retrieval, management of the stone
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1 crab fishery, public education activities, evaluation of the
2 impact of trap reductions on the stone crab fishery, and
3 enforcement activities in support of the stone crab trap
4 limitation program.
5 (e)(f) Program to be self-supporting.--The stone crab
6 trap limitation program is intended to be a self-supporting
7 program funded from proceeds generated under this section.
8 (f)(g) No vested rights.--The stone crab trap
9 limitation program does not create any vested rights for
10 endorsement or certificateholders and may be altered or
11 terminated by the commission as necessary to protect the stone
12 crab resource, the participants in the fishery, or the public
13 interest.
14 Section 4. Section 370.14, Florida Statutes, is
15 amended to read:
16 370.14 Spiny lobster Crawfish; regulation.--
17 (1) It is the intent of the Legislature to maintain
18 the spiny lobster crawfish industry for the economy of the
19 state and to conserve the stocks supplying this industry. The
20 provisions of this act regulating the taking of spiny lobster
21 saltwater crawfish are for the purposes of ensuring and
22 maintaining the highest possible production of spiny lobster
23 saltwater crawfish.
24 (2)(a)1. Each person taking or attempting to take
25 spiny lobster crawfish with a trap in commercial quantities or
26 for commercial purposes shall obtain and exhibit a spiny
27 lobster crawfish trap number, as required by the Fish and
28 Wildlife Conservation Commission. The annual fee for a spiny
29 lobster crawfish trap number is $125. This trap number may be
30 issued by the commission upon the receipt of application by
31 the person when accompanied by the payment of the fee. The
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1 design of the applications and of the trap number shall be
2 determined by the commission. Any trap or device used in
3 taking or attempting to take spiny lobster crawfish, other
4 than a trap with the trap number, shall be seized and
5 destroyed by the commission. The proceeds of the fees imposed
6 by this paragraph shall be deposited and used as provided in
7 paragraph (b). The commission may adopt rules to carry out the
8 intent of this section.
9 2. Each person taking or attempting to take spiny
10 lobster crawfish in commercial quantities or for commercial
11 purposes by any method, other than with a trap having a spiny
12 lobster crawfish trap number issued by the commission, must
13 pay an annual fee of $100.
14 (b) Twenty-five dollars of the $125 fee for a spiny
15 lobster crawfish trap number required under subparagraph (a)1.
16 must be used only for trap retrieval as provided in s.
17 370.143. The remainder of the fees collected pursuant to
18 paragraph (a) shall be deposited as follows:
19 1. Fifty percent of the fees collected shall be
20 deposited in the Marine Resources Conservation Trust Fund for
21 use in enforcing the provisions of paragraph (a) through
22 aerial and other surveillance and trap retrieval.
23 2. Fifty percent of the fees collected shall be
24 deposited as provided in s. 370.142(5).
25 (3) The spiny lobster crawfish license must be on
26 board the boat, and both the license and the harvested spiny
27 lobster crawfish shall be subject to inspection at all times.
28 Only one license shall be issued for each boat. The spiny
29 lobster crawfish license number must be prominently displayed
30 above the topmost portion of the boat so as to be easily and
31 readily identified.
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1 (4) It is a felony of the third degree, punishable as
2 provided in s. 775.082 or s. 775.083, for any person willfully
3 to molest any spiny lobster crawfish traps, lines, or buoys
4 belonging to another without permission of the licenseholder.
5 (5) Any spiny lobster crawfish licenseholder, upon
6 selling licensed spiny lobster crawfish traps, shall furnish
7 the commission notice of such sale of all or part of his or
8 her interest within 15 days thereof. Any holder of said
9 license shall also notify the commission within 15 days if his
10 or her address no longer conforms to the address appearing on
11 the license and shall, as a part of such notification, furnish
12 the commission with his or her new address.
13 (6)(a) By a special permit granted by the commission,
14 a Florida-licensed seafood dealer may lawfully import,
15 process, and package spiny lobster saltwater crawfish or
16 uncooked tails of the species Panulirus argus during the
17 closed season. However, spiny lobster crawfish landed under
18 special permit shall not be sold in the state.
19 (b) The licensed seafood dealer importing any such
20 spiny lobster crawfish under the permit shall, 12 hours prior
21 to the time the seagoing vessel or airplane delivering such
22 imported spiny lobster crawfish enters the state, notify the
23 commission as to the seagoing vessel's name or the airplane's
24 registration number and its captain, location, and point of
25 destination.
26 (c) At the time the spiny lobster crawfish cargo is
27 delivered to the permitholder's place of business, the spiny
28 lobster crawfish cargo shall be weighed and shall be available
29 for inspection by the commission. A signed receipt of such
30 quantity in pounds shall be forwarded to the commission within
31 48 hours after shipment weigh-in completion. If requested by
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1 the commission, the weigh-in process will be delayed up to 4
2 hours to allow for a commission representative to be present
3 during the process.
4 (d) Within 48 hours after shipment weigh-in
5 completion, the permitholder shall submit to the commission,
6 on forms provided by the commission, a sworn report of the
7 quantity in pounds of the spiny lobster saltwater crawfish
8 received, which report shall include the location of said
9 spiny lobster crawfish and a sworn statement that said spiny
10 lobster crawfish were taken at least 50 miles from Florida's
11 shoreline. The landing of spiny lobster crawfish or spiny
12 lobster crawfish tails from which the eggs, swimmerettes, or
13 pleopods have been removed; the falsification of information
14 as to area from which spiny lobster crawfish were obtained; or
15 the failure to file the report called for in this section
16 shall be grounds to revoke the permit.
17 (e) Each permitholder shall keep throughout the period
18 of the closed season copies of the bill of sale or invoices
19 covering each transaction involving spiny lobster crawfish
20 imported under this permit. Such invoices and bills shall be
21 kept available at all times for inspection by the commission.
22 (7)(a) A Florida-licensed seafood dealer may obtain a
23 special permit to import, process, and package uncooked tails
24 of spiny lobster saltwater crawfish upon the payment of the
25 sum of $100 to the commission.
26 (b) A special permit must be obtained by any airplane
27 or seagoing vessel other than a common carrier used to
28 transport spiny lobster saltwater crawfish or spiny lobster
29 crawfish tails for purchase by licensed seafood dealers for
30 purposes as provided herein upon the payment of $50.
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1 (c) All special permits issued under this subsection
2 are nontransferable.
3 (8) No common carrier or employee of said carrier may
4 carry, knowingly receive for carriage, or permit the carriage
5 of any spiny lobster crawfish of the species Panulirus argus,
6 regardless of where taken, during the closed season, except of
7 the species Panulirus argus lawfully imported from a foreign
8 country for reshipment outside of the territorial limits of
9 the state under United States Customs bond or in accordance
10 with paragraph (7)(a).
11 Section 5. Paragraphs (a), (b), and (c) of subsection
12 (2) of section 370.142, Florida Statutes, are amended to read:
13 370.142 Spiny lobster trap certificate program.--
14 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
15 PENALTIES.--The Fish and Wildlife Conservation Commission
16 shall establish a trap certificate program for the spiny
17 lobster fishery of this state and shall be responsible for its
18 administration and enforcement as follows:
19 (a) Transferable trap certificates.--Each holder of a
20 saltwater products license who uses traps for taking or
21 attempting to take spiny lobsters shall be required to have a
22 certificate on record for each trap possessed or used
23 therefor, except as otherwise provided in this section.
24 1. The Department of Environmental Protection shall
25 initially allot such certificates to each licenseholder with a
26 current spiny lobster crawfish trap number who uses traps.
27 The number of such certificates allotted to each such
28 licenseholder shall be based on the trap/catch coefficient
29 established pursuant to trip ticket records generated under
30 the provisions of s. 370.06(2) over a 3-year base period
31 ending June 30, 1991. The trap/catch coefficient shall be
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1 calculated by dividing the sum of the highest reported single
2 license-year landings up to a maximum of 30,000 pounds for
3 each such licenseholder during the base period by 700,000.
4 Each such licenseholder shall then be allotted the number of
5 certificates derived by dividing his or her highest reported
6 single license-year landings up to a maximum of 30,000 pounds
7 during the base period by the trap/catch coefficient.
8 Nevertheless, no licenseholder with a current spiny lobster
9 crawfish trap number shall be allotted fewer than 10
10 certificates. However, certificates may only be issued to
11 individuals; therefore, all licenseholders other than
12 individual licenseholders shall designate the individual or
13 individuals to whom their certificates will be allotted and
14 the number thereof to each, if more than one. After initial
15 issuance, trap certificates are transferable on a market basis
16 and may be transferred from one licenseholder to another for a
17 fair market value agreed upon between the transferor and
18 transferee. Each such transfer shall, within 72 hours thereof,
19 be recorded on a notarized form provided for that purpose by
20 the Fish and Wildlife Conservation Commission and hand
21 delivered or sent by certified mail, return receipt requested,
22 to the commission for recordkeeping purposes. In addition, In
23 order to cover the added administrative costs of the program
24 and to recover an equitable natural resource rent for the
25 people of the state, a transfer fee of $2 per certificate
26 transferred shall be assessed against the purchasing
27 licenseholder and sent by money order or cashier's check with
28 the certificate transfer form. Also, in addition to the
29 transfer fee, a surcharge of $5 per certificate transferred or
30 25 percent of the actual market value, whichever is greater,
31 given to the transferor shall be assessed the first time a
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1 certificate is transferred outside the original transferor's
2 immediate family. No transfer of a certificate shall be
3 effective until the commission receives the notarized transfer
4 form and the transfer fee, including any surcharge, is paid.
5 The commission may establish by rule an amount of equitable
6 rent per trap certificate that shall be recovered as partial
7 compensation to the state for the enhanced access to its
8 natural resources. A rule establishing an amount of equitable
9 rent shall become effective only upon approval by act of the
10 Legislature. Final approval of such a rule shall be by the
11 Governor and Cabinet sitting as the Board of Trustees of the
12 Internal Improvement Trust Fund. In determining whether to
13 establish such a rent and, if so, the amount thereof, the
14 commission shall consider the amount of revenues annually
15 generated by certificate fees, transfer fees, surcharges, trap
16 license fees, and sales taxes, the demonstrated fair market
17 value of transferred certificates, and the continued economic
18 viability of the commercial lobster industry. The proceeds of
19 equitable rent recovered shall be deposited in the Marine
20 Resources Conservation Trust Fund and used by the commission
21 for research, management, and protection of the spiny lobster
22 fishery and habitat. A transfer fee may not be assessed or
23 required when the transfer is within a family as a result of
24 the death or disability of the certificate owner. A surcharge
25 will not be assessed for any transfer within an individual's
26 immediate family.
27 2. No person, firm, corporation, or other business
28 entity may control, directly or indirectly, more than 1.5
29 percent of the total available certificates in any license
30 year.
31
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1 3. The commission shall maintain records of all
2 certificates and their transfers and shall annually provide
3 each licenseholder with a statement of certificates held.
4 4. The number of trap tags issued annually to each
5 licenseholder shall not exceed the number of certificates held
6 by the licenseholder at the time of issuance, and such tags
7 and a statement of certificates held shall be issued
8 simultaneously.
9 5. Beginning July 1, 2003, and applicable to the
10 2003-2004 lobster season and thereafter, It is unlawful for
11 any person to lease spiny lobster trap tags or certificates.
12 (b) Trap tags.--Each trap used to take or attempt to
13 take spiny lobsters in state waters or adjacent federal waters
14 shall, in addition to the spiny lobster crawfish trap number
15 required by s. 370.14(2), have affixed thereto an annual trap
16 tag issued by the commission. Each such tag shall be made of
17 durable plastic or similar material and shall, based on the
18 number of certificates held, have stamped thereon the owner's
19 license number. To facilitate enforcement and recordkeeping,
20 such tags shall be issued each year in a color different from
21 that of each of the previous 3 years. The annual certificate
22 fee shall be $1 per certificate. Replacement tags for lost or
23 damaged tags may be obtained as provided by rule of the
24 commission. In the event of a major natural disaster, such as
25 a hurricane or major storm, which causes massive trap losses
26 within an area declared by the Governor to be a disaster
27 emergency area, the commission may temporarily defer or
28 permanently waive replacement tag fees.
29 (c) Prohibitions; penalties.--
30 1. It is unlawful for a person to possess or use a
31 spiny lobster trap in or on state waters or adjacent federal
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1 waters without having affixed thereto the trap tag required by
2 this section. It is unlawful for a person to possess or use
3 any other gear or device designed to attract and enclose or
4 otherwise aid in the taking of spiny lobster by trapping that
5 is not a trap as defined by commission rule in rule
6 68B-24.006(2), Florida Administrative Code.
7 2. It is unlawful for a person to possess or use spiny
8 lobster trap tags without having the necessary number of
9 certificates on record as required by this section.
10 3. It is unlawful for any person to willfully molest,
11 take possession of, or remove the contents of another
12 harvester's spiny lobster trap without the express written
13 consent of the trap owner available for immediate inspection.
14 Unauthorized possession of another's trap gear or removal of
15 trap contents constitutes theft.
16 a. Any person receiving a judicial disposition other
17 than dismissal or acquittal on a charge of theft of or from a
18 spiny lobster trap pursuant to this subparagraph or s.
19 370.1107 shall, in addition to the penalties specified in ss.
20 370.021 and 370.14 and the provisions of this section,
21 permanently lose all his or her saltwater fishing privileges,
22 including his or her saltwater products license, spiny lobster
23 crawfish endorsement, and all trap certificates allotted to
24 him or her through this program. In such cases, trap
25 certificates and endorsements are nontransferable.
26 b. Any person receiving a judicial disposition other
27 than dismissal or acquittal on a charge of willful molestation
28 of a trap, in addition to the penalties specified in ss.
29 370.021 and 370.14, shall lose all saltwater fishing
30 privileges for a period of 24 calendar months.
31
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1 c. In addition, any person, firm, or corporation
2 charged with violating this paragraph and receiving a judicial
3 disposition other than dismissal or acquittal for violating
4 this subparagraph or s. 370.1107 shall also be assessed an
5 administrative penalty of up to $5,000.
6
7 Immediately upon receiving a citation for a violation
8 involving theft of or from a trap, or molestation of a trap,
9 and until adjudicated for such a violation or, upon receipt of
10 a judicial disposition other than dismissal or acquittal of
11 such a violation, the person, firm, or corporation committing
12 the violation is prohibited from transferring any crawfish
13 trap certificates and endorsements.
14 4. In addition to any other penalties provided in s.
15 370.021, a commercial harvester, as defined by rule
16 68B-24.002(1), Florida Administrative Code, who violates the
17 provisions of this section, or commission rules the provisions
18 relating to spiny lobster traps of chapter 68B-24, Florida
19 Administrative Code, shall be punished as follows:
20 a. If the first violation is for violation of
21 subparagraph 1. or subparagraph 2., the commission shall
22 assess an additional administrative civil penalty of up to
23 $1,000 and the spiny lobster crawfish trap number issued
24 pursuant to s. 370.14(2) or (6) may be suspended for the
25 remainder of the current license year. For all other first
26 violations, the commission shall assess an additional
27 administrative civil penalty of up to $500.
28 b. For a second violation of subparagraph 1. or
29 subparagraph 2. which occurs within 24 months of any previous
30 such violation, the commission shall assess an additional
31 administrative civil penalty of up to $2,000 and the spiny
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1 lobster crawfish trap number issued pursuant to s. 370.14(2)
2 or (6) may be suspended for the remainder of the current
3 license year.
4 c. For a third or subsequent violation of subparagraph
5 1., subparagraph 2., or subparagraph 3. which occurs within 36
6 months of any previous two such violations, the commission
7 shall assess an additional administrative civil penalty of up
8 to $5,000 and may suspend the spiny lobster crawfish trap
9 number issued pursuant to s. 370.14(2) or (6) for a period of
10 up to 24 months or may revoke the spiny lobster crawfish trap
11 number and, if revoking the spiny lobster crawfish trap
12 number, may also proceed against the licenseholder's saltwater
13 products license in accordance with the provisions of s.
14 370.021(2)(h).
15 d. Any person assessed an additional administrative
16 civil penalty pursuant to this section shall within 30
17 calendar days after notification:
18 (I) Pay the administrative civil penalty to the
19 commission; or
20 (II) Request an administrative hearing pursuant to the
21 provisions of ss. 120.569 and 120.57 s. 120.60.
22 e. The commission shall suspend the spiny lobster
23 crawfish trap number issued pursuant to s. 370.14(2) or (6)
24 for any person failing to comply with the provisions of
25 sub-subparagraph d.
26 5.a. It is unlawful for any person to make, alter,
27 forge, counterfeit, or reproduce a spiny lobster trap tag or
28 certificate.
29 b. It is unlawful for any person to knowingly have in
30 his or her possession a forged, counterfeit, or imitation
31 spiny lobster trap tag or certificate.
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1 c. It is unlawful for any person to barter, trade,
2 sell, supply, agree to supply, aid in supplying, or give away
3 a spiny lobster trap tag or certificate or to conspire to
4 barter, trade, sell, supply, aid in supplying, or give away a
5 spiny lobster trap tag or certificate unless such action is
6 duly authorized by the commission as provided in this chapter
7 or in the rules of the commission.
8 6.a. Any person who violates the provisions of
9 subparagraph 5., or any person who engages in the commercial
10 harvest, trapping, or possession of spiny lobster without a
11 spiny lobster crawfish trap number as required by s. 370.14(2)
12 or (6) or during any period while such spiny lobster crawfish
13 trap number is under suspension or revocation, commits a
14 felony of the third degree, punishable as provided in s.
15 775.082, s. 775.083, or s. 775.084.
16 b. In addition to any penalty imposed pursuant to
17 sub-subparagraph a., the commission shall levy a fine of up to
18 twice the amount of the appropriate surcharge to be paid on
19 the fair market value of the transferred certificates, as
20 provided in subparagraph (a)1., on any person who violates the
21 provisions of sub-subparagraph 5.c.
22 c. In addition to any penalty imposed pursuant to
23 sub-subparagraph a., any person receiving any judicial
24 disposition other than acquittal or dismissal for a violation
25 of subparagraph 5. shall be assessed an administrative penalty
26 of up to $5,000, and the spiny lobster endorsement under which
27 the violation was committed may be suspended for up to 24
28 calendar months. Immediately upon issuance of a citation
29 involving a violation of subparagraph 5. and until
30 adjudication of such a violation, and after receipt of any
31 judicial disposition other than acquittal or dismissal for
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1 such a violation, the person holding the spiny lobster
2 endorsement listed on the citation is prohibited from
3 transferring any spiny lobster trap certificates.
4 7. Any certificates for which the annual certificate
5 fee is not paid for a period of 3 years shall be considered
6 abandoned and shall revert to the commission. During any
7 period of trap reduction, any certificates reverting to the
8 commission shall become permanently unavailable and be
9 considered in that amount to be reduced during the next
10 license-year period. Otherwise, any certificates that revert
11 to the commission are to be reallotted in such manner as
12 provided by the commission.
13 8. The proceeds of all administrative civil penalties
14 collected pursuant to subparagraph 4. and all fines collected
15 pursuant to sub-subparagraph 6.b. shall be deposited into the
16 Marine Resources Conservation Trust Fund.
17 9. All traps shall be removed from the water during
18 any period of suspension or revocation.
19 Section 6. Section 370.143, Florida Statutes, is
20 amended to read:
21 370.143 Retrieval of spiny lobster, crawfish, and
22 stone crab, blue crab, and black sea bass traps during closed
23 season; commission authority; fees.--
24 (1) The Fish and Wildlife Conservation Commission is
25 authorized to implement a trap retrieval program for retrieval
26 of spiny lobster, crawfish, and stone crab, blue crab, and
27 black sea bass traps remaining in the water during the closed
28 season for each species. The commission is authorized to
29 contract with outside agents for the program operation.
30 (2) A retrieval fee of $10 per trap retrieved shall be
31 assessed trap owners. However, for each person holding a spiny
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1 lobster endorsement, crawfish stamp number or a stone crab
2 endorsement, or a blue crab endorsement issued under rule of
3 the commission, the retrieval fee shall be waived for the
4 first five traps retrieved. Traps recovered under this program
5 shall become the property of the commission or its contract
6 agent, as determined by the commission, and shall be either
7 destroyed or resold to the original owner. Revenue from
8 retrieval fees shall be deposited in the Marine Resources
9 Conservation Trust Fund and used solely for operation of the
10 trap retrieval program.
11 (3) Payment of all assessed retrieval fees shall be
12 required prior to renewal of the trap owner's saltwater
13 products license and stone crab and or crawfish endorsements.
14 Retrieval fees assessed under this program shall stand in lieu
15 of other penalties imposed for such trap violations.
16 (4) In the event of a major natural disaster, such as
17 a hurricane or major storm, which causes major trap losses
18 within an area declared by the Governor to be a disaster
19 emergency area, the commission shall waive the trap retrieval
20 fee. In the event of a major natural disaster in an area
21 declared by the Governor to be a disaster emergency area, such
22 as a hurricane or major storm causing massive trap losses, the
23 commission shall waive the trap retrieval fee.
24 Section 7. Paragraph (j) is added to subsection (1) of
25 section 370.0603, Florida Statutes, and paragraphs (c) and (d)
26 of subsection (2) of that section are amended, to read:
27 370.0603 Marine Resources Conservation Trust Fund;
28 purposes.--
29 (1) The Marine Resources Conservation Trust Fund
30 within the Fish and Wildlife Conservation Commission shall
31 serve as a broad-based depository for funds from various
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1 marine-related and boating-related activities and shall be
2 administered by the commission for the purposes of:
3 (j) Funding for the stone crab trap reduction program
4 under s. 370.13, the blue crab effort management program under
5 s. 370.135, the spiny lobster trap certificate program under
6 s. 370.142, and the trap retrieval program under s. 370.143.
7 (2) The Marine Resources Conservation Trust Fund shall
8 receive the proceeds from:
9 (c) All fees collected pursuant to ss. 370.063,
10 370.13, 370.135, 370.142, 370.143, and 372.5704.
11 (d) All fines and penalties pursuant to ss. s.
12 370.021, 370.13, 370.135, and 370.142.
13 Section 8. Subsection (4) of section 370.025, Florida
14 Statutes, is amended to read:
15 370.025 Marine fisheries; policy and standards.--
16 (4) Pursuant to s. 9, Art. IV of the State
17 Constitution, the commission has full constitutional
18 rulemaking authority over marine life, and listed species as
19 defined in s. 372.072(3), except for:
20 (a) Endangered or threatened marine species for which
21 rulemaking shall be done pursuant to chapter 120; and
22 (b) The authority to regulate fishing gear in
23 residential, manmade saltwater canals which is retained by the
24 Legislature and specifically not delegated to the commission.
25 (c) Marine aquaculture products produced by an
26 individual certified under s. 597.004. This exception does not
27 apply to snook, prohibited and restricted marine species
28 identified by rule of the commission, and rulemaking authority
29 granted pursuant to s. 370.027.
30 Section 9. Paragraph (a) of subsection (8) of section
31 20.331, Florida Statutes, is amended to read:
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1 20.331 Fish and Wildlife Conservation Commission.--
2 (8) ADEQUATE DUE PROCESS PROCEDURES.--
3 (a) The commission shall adopt a rule establishing
4 adequate due-process procedures to be accorded to any party,
5 as defined in s. 120.52, whose substantial interests are
6 affected by any action of the commission in the performance of
7 its constitutional duties and responsibilities. The adequate
8 due-process rule shall be published in the Florida
9 Administrative Code. The commission shall implement a system
10 of adequate due process procedures to be accorded to any
11 party, as defined in s. 120.52, whose substantial interests
12 will be affected by any action of the commission in the
13 performance of its constitutional duties or responsibilities.
14 Section 10. It is the intent of the Legislature to
15 review, prior to the 2008 Regular Session, laws relating to
16 the Fish and Wildlife Conservation Commission's role in the
17 management of marine fishery resources to conform statutes to
18 clarify that the power with respect to marine life which the
19 Marine Fisheries Commission had on March 1, 1998 did not
20 include the power which the Legislature had given to the
21 Department of Environmental Protection to regulate marine
22 life, and that the authority transferred by the Legislature
23 from the Department of Environmental Protection to the Fish
24 and Wildlife Conservation Commission is statutory and not
25 constitutional.
26 Section 11. Paragraph (a) of subsection (3) of section
27 921.0022, Florida Statutes, is amended to read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
31
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1 Florida Felony
2 Statute Degree Description
3
4 (a) LEVEL 1
5 24.118(3)(a) 3rd Counterfeit or altered state
6 lottery ticket.
7 212.054(2)(b) 3rd Discretionary sales surtax;
8 limitations, administration, and
9 collection.
10 212.15(2)(b) 3rd Failure to remit sales taxes,
11 amount greater than $300 but less
12 than $20,000.
13 316.1935(1) 3rd Fleeing or attempting to elude
14 law enforcement officer.
15 319.30(5) 3rd Sell, exchange, give away
16 certificate of title or
17 identification number plate.
18 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
19 odometer.
20 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
21 registration license plates or
22 validation stickers.
23 322.212
24 (1)(a)-(c) 3rd Possession of forged, stolen,
25 counterfeit, or unlawfully issued
26 driver's license; possession of
27 simulated identification.
28 322.212(4) 3rd Supply or aid in supplying
29 unauthorized driver's license or
30 identification card.
31
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1 322.212(5)(a) 3rd False application for driver's
2 license or identification card.
3 370.13(2)(c)1. 3rd Molest any stone crab trap, line,
4 or buoy which is property of
5 licenseholder.
6 370.135(1) 3rd Molest any blue crab trap, line,
7 or buoy which is property of
8 licenseholder.
9 372.663(1) 3rd Poach any alligator or
10 crocodilia.
11 414.39(2) 3rd Unauthorized use, possession,
12 forgery, or alteration of food
13 stamps, Medicaid ID, value
14 greater than $200.
15 414.39(3)(a) 3rd Fraudulent misappropriation of
16 public assistance funds by
17 employee/official, value more
18 than $200.
19 443.071(1) 3rd False statement or representation
20 to obtain or increase
21 unemployment compensation
22 benefits.
23 509.151(1) 3rd Defraud an innkeeper, food or
24 lodging value greater than $300.
25 517.302(1) 3rd Violation of the Florida
26 Securities and Investor
27 Protection Act.
28 562.27(1) 3rd Possess still or still apparatus.
29 713.69 3rd Tenant removes property upon
30 which lien has accrued, value
31 more than $50.
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1 812.014(3)(c) 3rd Petit theft (3rd conviction);
2 theft of any property not
3 specified in subsection (2).
4 812.081(2) 3rd Unlawfully makes or causes to be
5 made a reproduction of a trade
6 secret.
7 815.04(4)(a) 3rd Offense against intellectual
8 property (i.e., computer
9 programs, data).
10 817.52(2) 3rd Hiring with intent to defraud,
11 motor vehicle services.
12 817.569(2) 3rd Use of public record or public
13 records information to facilitate
14 commission of a felony.
15 826.01 3rd Bigamy.
16 828.122(3) 3rd Fighting or baiting animals.
17 831.04(1) 3rd Any erasure, alteration, etc., of
18 any replacement deed, map, plat,
19 or other document listed in s.
20 92.28.
21 831.31(1)(a) 3rd Sell, deliver, or possess
22 counterfeit controlled
23 substances, all but s. 893.03(5)
24 drugs.
25 832.041(1) 3rd Stopping payment with intent to
26 defraud $150 or more.
27 832.05
28 (2)(b)&(4)(c) 3rd Knowing, making, issuing
29 worthless checks $150 or more or
30 obtaining property in return for
31 worthless check $150 or more.
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1 838.15(2) 3rd Commercial bribe receiving.
2 838.16 3rd Commercial bribery.
3 843.18 3rd Fleeing by boat to elude a law
4 enforcement officer.
5 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
6 lewd, etc., material (2nd
7 conviction).
8 849.01 3rd Keeping gambling house.
9 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
10 or assist therein, conduct or
11 advertise drawing for prizes, or
12 dispose of property or money by
13 means of lottery.
14 849.23 3rd Gambling-related machines;
15 "common offender" as to property
16 rights.
17 849.25(2) 3rd Engaging in bookmaking.
18 860.08 3rd Interfere with a railroad signal.
19 860.13(1)(a) 3rd Operate aircraft while under the
20 influence.
21 893.13(2)(a)2. 3rd Purchase of cannabis.
22 893.13(6)(a) 3rd Possession of cannabis (more than
23 20 grams).
24 934.03(1)(a) 3rd Intercepts, or procures any other
25 person to intercept, any wire or
26 oral communication.
27 Section 12. This act shall take effect July 1, 2006.
28
29
30
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