Senate Bill sb1980

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1980

    By the Committee on Environmental Preservation and
    Conservation




    592-582A-07

  1                      A bill to be entitled

  2         An act relating to the management of wildlife

  3         and saltwater fisheries; amending s. 320.08058,

  4         F.S.; authorizing the use of certain annual

  5         fees for specialty license plates to promote

  6         and market the plates; incorporating the

  7         amendments made to s. 370.12, F.S., in a

  8         reference thereto; amending s. 370.0603, F.S.;

  9         authorizing the deposit of certain funds into

10         the Marine Resources Conservation Trust Fund;

11         providing purposes for which funds may be used;

12         amending s. 370.1105, F.S.; correcting a

13         reference; amending s. 370.12, F.S.;

14         authorizing use of certain annual use fees for

15         specialty license plates to promote and market

16         the plates; authorizing the Fish and Wildlife

17         Conservation Commission to use certain annual

18         use fees to buy back certain specialty license

19         plates; amending s. 370.13, F.S.; authorizing

20         the waiver of replacement tag fees for stone

21         crab traps under certain conditions; providing

22         for legislative approval of commission rules

23         establishing equitable rent; amending s.

24         370.135, F.S.; establishing certain endorsement

25         fees for the taking of blue crabs; establishing

26         an annual trap tag fee; authorizing the

27         commission to establish an amount of equitable

28         rent by rule; providing for legislative

29         approval of the rule; authorizing the

30         commission to waive endorsement and trap tag

31         fees for a 1-year period; authorizing the

                                  1

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         waiver of blue crab trap replacement tag fees

 2         under certain conditions; requiring the deposit

 3         of certain proceeds into the Marine Resources

 4         Conservation Trust Fund; specifying the use of

 5         such proceeds; providing administrative

 6         penalties for certain violations; prohibiting

 7         the unauthorized possession of blue crab trap

 8         gear or removal of blue crab trap contents and

 9         providing penalties therefor; providing

10         penalties for certain other prohibited

11         activities relating to blue crab traps, lines,

12         buoys, and trap tags; providing penalties for

13         fraudulent reports related to endorsement

14         transfers; prohibiting certain activities

15         during endorsement suspension and revocation;

16         preserving state jurisdiction for certain

17         convictions; providing requirements for certain

18         license renewal; providing for the expiration

19         of certain provisions unless reenacted by the

20         Legislature; appropriating certain fee revenues

21         to the commission for blue crab effort

22         management program costs; amending ss. 370.14

23         and 370.142, F.S.; clarifying provisions

24         regulating spiny lobsters; providing for

25         legislative approval of rules establishing

26         equitable rent; authorizing the waiver of spiny

27         lobster trap replacement fees under certain

28         conditions; providing administrative penalties

29         for certain violations concerning spiny

30         lobsters; prohibiting transfer of spiny lobster

31         certificates under certain conditions; amending

                                  2

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         s. 370.143, F.S.; revising provisions for

 2         certain trap retrieval programs and fees;

 3         authorizing the waiver of trap retrieval fees

 4         under certain conditions; amending s. 372.09,

 5         F.S.; authorizing the use of certain annual use

 6         fees for specialty license plates to promote

 7         and market the plates; amending s. 372.672,

 8         F.S.; authorizing use of certain annual use

 9         fees for specialty license plates to promote

10         and market the plates; amending s. 372.83,

11         F.S.; correcting cross-references; reenacting

12         s. 380.511(1)(c), F.S., relating to deposit of

13         proceeds from sale of certain specialty license

14         plates, to incorporate the amendments made to

15         s. 320.08058, F.S., in a reference thereto;

16         amending s. 20.331, F.S.; requiring the Fish

17         and Wildlife Conservation Commission to adopt

18         and publish a rule establishing due process

19         procedures; amending 370.025, F.S.; revising

20         the commission's rulemaking authority;

21         providing an effective date.

22  

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

24  

25         Section 1.  Paragraph (b) of subsection (5) and

26  subsection (18) of section 320.08058, Florida Statutes, are

27  amended and, paragraph (b) of subsection (1) of that section

28  is reenacted for the purpose of incorporating the amendments

29  made by this act to section 370.12, Florida Statutes, in a

30  reference thereto, to read:

31         320.08058  Specialty license plates.--

                                  3

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         (1)  MANATEE LICENSE PLATES.--

 2         (b)  The manatee license plate annual use fee must be

 3  deposited into the Save the Manatee Trust Fund, created within

 4  the Fish and Wildlife Conservation Commission, and shall be

 5  used only for the purposes specified in s. 370.12(4).

 6         (5)  FLORIDA PANTHER LICENSE PLATES.--

 7         (b)  The department shall distribute the Florida

 8  panther license plate annual use fee in the following manner:

 9         1.  Eighty-five percent must be deposited in the

10  Florida Panther Research and Management Trust Fund in the Fish

11  and Wildlife Conservation Commission to be used for education

12  and programs to protect the endangered Florida panther, and up

13  to 10 percent of such deposit may be used to promote and

14  market the license plate.

15         2.  Fifteen percent, but no less than $300,000, must be

16  deposited in the Florida Communities Trust Fund to be used

17  pursuant to the Florida Communities Trust Act.

18         (18)  LARGEMOUTH BASS LICENSE PLATES.--

19         (b)  The annual use fees must be deposited in shall be

20  distributed to the State Game Trust Fund and used by the Fish

21  and Wildlife Conservation Commission to fund current

22  conservation programs that maintain current levels of

23  protection and management of this state's fish and wildlife

24  resources, including providing hunting, fishing, and

25  nonconsumptive wildlife opportunities. Up to 10 percent of the

26  annual use fee deposited into the trust fund may be used to

27  promote and market the license plate.

28         Section 2.  Paragraph (j) is added to subsection (1) of

29  section 370.0603, Florida Statutes, and paragraphs (c) and (d)

30  of subsection (2) of that section are amended, to read:

31  

                                  4

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         370.0603  Marine Resources Conservation Trust Fund;

 2  purposes.--

 3         (1)  The Marine Resources Conservation Trust Fund

 4  within the Fish and Wildlife Conservation Commission shall

 5  serve as a broad-based depository for funds from various

 6  marine-related and boating-related activities and shall be

 7  administered by the commission for the purposes of:

 8         (j)  Funding for the stone crab trap reduction program

 9  under s. 370.13, the blue crab effort management program under

10  s. 370.135, the spiny lobster trap certificate program under

11  s. 370.142, and the trap retrieval program under s. 370.143.

12         (2)  The Marine Resources Conservation Trust Fund shall

13  receive the proceeds from:

14         (c)  All fees collected under pursuant to ss. 370.063,

15  370.13, 370.135, 370.142, 370.143, and 372.5704.

16         (d)  All fines and penalties under ss. pursuant to s.

17  370.021, 370.13, 370.135, and 370.142.

18         Section 3.  Subsection (1) of section 370.1105, Florida

19  Statutes, is amended to read:

20         370.1105  Saltwater finfish; fishing traps regulated.--

21         (1)  It is unlawful for any person, firm, or

22  corporation to set, lay, place, or otherwise attempt to fish

23  for saltwater finfish with any trap other than:

24         (a)  A crab, spiny lobster crawfish, or shrimp trap

25  specifically permitted under s. 370.13, s. 370.135, s. 370.14,

26  or s. 370.15;

27         (b)  A pinfish trap not exceeding 2 feet in any

28  dimension, with a throat or entrance not exceeding 3 inches in

29  height by three-quarters of an inch in width; or

30         (c)  A black sea bass trap which has a biodegradable

31  panel and a throat or entrance, the narrowest point of which

                                  5

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  is not more than 5 inches in height by 2 inches in width and

 2  the outer dimensions of which do not exceed 2 feet in height,

 3  2 feet in width, and 2 feet in depth.  However, such traps may

 4  be used only north of latitude 27° N.

 5         Section 4.  Paragraphs (d) and (e) are added to

 6  subsection (4) of section 370.12, Florida Statutes, to read:

 7         370.12  Marine animals; regulation.--

 8         (4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

 9         (d)  Up to 10 percent of the annual use fee deposited

10  into the Save the Manatee Trust Fund from the sale of the

11  manatee license plate authorized in s. 320.08058 may be used

12  to promote and market the manatee license plate issued by the

13  Department of Highway Safety and Motor Vehicles after June 30,

14  2007.

15         (e)  For the 2007-2008 fiscal year, the annual use fee

16  deposited into the Save the Manatee Trust Fund from the sale

17  of the manatee license plate authorized in s. 320.08058 may be

18  used by the commission to buy back any manatee license plates

19  not issued by the Department of Highway Safety and Motor

20  Vehicles thru June 30, 2006. This paragraph expires July 1,

21  2008.

22         Section 5.  Subsection (1) of section 370.13, Florida

23  Statutes, is amended to read:

24         370.13  Stone crab; regulation.--

25         (1)  FEES AND EQUITABLE RENT.--

26         (a)  Endorsement fee.--The fee for a stone crab

27  endorsement for the taking of stone crabs, as required by rule

28  of the Fish and Wildlife Conservation Commission, is $125, $25

29  of which must be used solely for trap retrieval under s.

30  370.143.

31         (b)  Certificate fees.--

                                  6

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         1.  For each trap certificate issued by the commission

 2  under the requirements of the stone crab trap limitation

 3  program established by commission rule, there is an annual fee

 4  of 50 cents per certificate. Replacement tags for lost or

 5  damaged tags cost 50 cents each. In the event of a major

 6  natural disaster, such as a hurricane or major storm, which

 7  causes massive trap losses within an area declared by the

 8  Governor to be a disaster emergency area, the commission may

 9  temporarily defer or permanently waive replacement tag fees,

10  except that tags lost in the event of a major natural disaster

11  declared as an emergency disaster by the Governor shall be

12  replaced for the cost of the tag as incurred by the

13  commission.

14         2.  The fee for transferring trap certificates is $1

15  per certificate transferred, except that the fee for eligible

16  crew members is 50 cents per certificate transferred. Eligible

17  crew members shall be determined according to criteria

18  established by rule of the commission. Payment must be made by

19  money order or cashier's check, submitted with the certificate

20  transfer form developed by the commission.

21         3.  In addition to the transfer fee, a surcharge of $1

22  per certificate transferred, or 25 percent of the actual value

23  of the transferred certificate, whichever is greater, will be

24  assessed the first time a certificate is transferred outside

25  the original holder's immediate family.

26         4.  Transfer fees and surcharges only apply to the

27  actual number of certificates received by the purchaser. A

28  transfer of a certificate is not effective until the

29  commission receives a notarized copy of the bill of sale as

30  proof of the actual value of the transferred certificate or

31  

                                  7

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  certificates, which must also be submitted with the transfer

 2  form and payment.

 3         5.  A transfer fee will not be assessed or required

 4  when the transfer is within a family as a result of the death

 5  or disability of the certificate owner. A surcharge will not

 6  be assessed for any transfer within an individual's immediate

 7  family.

 8         6.  The fees and surcharge amounts in this paragraph

 9  apply in the 2005-2006 license year and subsequent years.

10         (c)  Incidental take endorsement.--The cost of an

11  incidental take endorsement, as established by commission

12  rule, is $25.

13         (d)  Equitable rent.--The commission may establish by

14  rule an amount of equitable rent per trap certificate that may

15  be recovered as partial compensation to the state for the

16  enhanced access to its natural resources. In determining

17  whether to establish such a rent and the amount thereof, the

18  commission may consider the amount of revenues annually

19  generated by endorsement fees, trap certificate fees, transfer

20  fees, surcharges, replacement trap tag fees, trap retrieval

21  fees, incidental take endorsement fees, and the continued

22  economic viability of the commercial stone crab industry. A

23  rule establishing an amount of equitable rent shall become

24  effective only after approval by the Legislature. Final

25  approval of such a rule shall be by the Governor and Cabinet

26  sitting as the Board of Trustees of the Internal Improvement

27  Trust Fund.

28         (e)  Disposition of fees, surcharges, civil penalties

29  and fines, and equitable rent.--Endorsement fees, trap

30  certificate fees, transfer fees, civil penalties and fines,

31  surcharges, replacement trap tag fees, trap retrieval fees,

                                  8

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  incidental take endorsement fees, and equitable rent, if any,

 2  must be deposited in the Marine Resources Conservation Trust

 3  Fund. Up to Not more than 50 percent of the revenues generated

 4  under this section may be used for operation and

 5  administration of the stone crab trap limitation program. All

 6  The remaining revenues so generated must under this program

 7  are to be used for trap retrieval, management of the stone

 8  crab fishery, public education activities, evaluation of the

 9  impact of trap reductions on the stone crab fishery, and

10  enforcement activities in support of the stone crab trap

11  limitation program.

12         (f)  Program to be self-supporting.--The stone crab

13  trap limitation program is intended to be a self-supporting

14  program funded from proceeds generated under this section.

15         (g)  No vested rights.--The stone crab trap limitation

16  program does not create any vested rights for endorsement or

17  certificateholders and may be altered or terminated by the

18  commission as necessary to protect the stone crab resource,

19  the participants in the fishery, or the public interest.

20         Section 6.  Section 370.135, Florida Statutes, is

21  amended to read:

22         370.135  Blue crab; regulation.--

23         (1)(a)  No commercial harvester shall transport on the

24  water, fish with or cause to be fished with, set, or place any

25  trap designed for taking blue crabs unless such commercial

26  harvester holds is the holder of a valid saltwater products

27  license issued under pursuant to s. 370.06 and a blue crab

28  endorsement issued under this section and the trap has a

29  current state number permanently attached to the buoy. The

30  blue crab endorsement trap number shall be affixed in legible

31  figures at least 1 inch high on each buoy used. The saltwater

                                  9

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  products license must be on board the boat, and both the

 2  license and the crabs shall be subject to inspection at all

 3  times. Only one endorsement trap number may be issued for each

 4  boat by the commission upon receipt of an application on forms

 5  prescribed by it. This subsection shall not apply to an

 6  individual fishing with no more than five traps.

 7         (b)  It is unlawful for any person willfully to molest

 8  any blue crab traps, lines, or buoys, as defined herein,

 9  belonging to another without the express written consent of

10  the trap owner.

11         1.  A commercial harvester who violates this paragraph

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

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

14         2.  Any other person who violates this paragraph

15  commits a Level Four violation under s. 372.83.

16  

17  Any commercial harvester receiving a judicial disposition

18  other than dismissal or acquittal on a charge of willful

19  molestation of a trap, in addition to the penalties specified

20  in s. 370.021, shall lose all saltwater fishing privileges for

21  a period of 24 calendar months.

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

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

24  crab trap without the express written consent of the trap

25  owner available for immediate inspection. Unauthorized

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

27  constitutes theft.

28         a.  Any commercial harvester receiving a judicial

29  disposition other than dismissal or acquittal on a charge of

30  theft of or from a trap pursuant to this section or s.

31  370.1107 shall, in addition to the penalties specified in s.

                                  10

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  370.021 and the provisions of this section, permanently lose

 2  all saltwater fishing privileges, including any saltwater

 3  products license and blue crab endorsement. In such cases

 4  endorsements are nontransferable.

 5         b.  In addition, any commercial harvester receiving a

 6  judicial disposition other than dismissal or acquittal for

 7  violating this subsection or s. 370.1107 shall also be

 8  assessed an administrative penalty of up to $5,000.

 9  Immediately upon receiving a citation for a violation

10  involving theft of or from a trap and until adjudicated for

11  such a violation, or receiving a judicial disposition other

12  than dismissal or acquittal for such a violation, the

13  commercial harvester committing the violation is prohibited

14  from transferring any blue crab endorsements.

15         2.  A commercial harvester who violates this paragraph

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

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

18  372.83.

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

31  

                                  11

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 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)  A commercial harvester who holds a saltwater

14  products license and a blue crab endorsement that is issued to

15  the commercial harvester's vessel registration number and who

16  replaces an existing vessel with a new vessel may transfer the

17  existing blue crab endorsement to the saltwater products

18  license of the new vessel.

19         (e)  Persons who hold saltwater products licenses with

20  blue crab endorsements issued to their boat registration

21  numbers and who subsequently replace their existing vessels

22  with new vessels shall be permitted to transfer the existing

23  licenses to the new boat registration numbers.

24         (3)(a)  Endorsement fees.--

25         1.  The fee for a hard-shell blue crab endorsement for

26  the taking of hard-shell blue crabs, as authorized by rule of

27  the commission, is $125, $25 of which must be used solely for

28  the trap-retrieval program authorized under s. 370.143 and in

29  commission rules.

30         2.  The fee for a soft-shell blue crab endorsement for

31  the taking of soft-shell blue crabs, as authorized by rule of

                                  12

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  the commission, is $250, $25 of which must be used solely for

 2  the trap-retrieval program authorized under s. 370.143 and in

 3  commission rules.

 4         3.  The fee for a nontransferable hard-shell blue crab

 5  endorsement for the taking of hard-shell blue crabs, as

 6  authorized by rule of the commission, is $125, $25 of which

 7  must be used solely for the trap-retrieval program authorized

 8  under s. 370.143 and in commission rules.

 9         4.  The fee for an incidental-take blue crab

10  endorsement for the taking of blue crabs as bycatch in shrimp

11  trawls and stone crab traps, as authorized in commission

12  rules, is $25.

13         (b)  Trap tag fees.--The annual fee for each trap tag

14  issued by the commission under the requirements of the blue

15  crab effort management program established by rule of the

16  commission is 50 cents per tag. The fee for replacement tags

17  for lost or damaged tags is 50 cents per tag plus the cost of

18  shipping. In the event of a major natural disaster, such as a

19  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)  Equitable rent.--The commission may establish by

24  rule an amount of equitable rent that may be recovered as

25  partial compensation to the state for the enhanced access to

26  its natural resources. In determining whether to establish

27  such a rent and the amount thereof, the commission may

28  consider the amount of revenues annually generated by

29  endorsement fees, trap tag fees, replacement trap tag fees,

30  trap retrieval fees, and the continued economic viability of

31  the commercial blue crab industry. A rule establishing an

                                  13

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  amount of equitable rent shall become effective only upon

 2  approval by act of the Legislature.

 3         (d)  Disposition of moneys generated from fees and

 4  administrative penalties.--Moneys generated from the sale of

 5  blue crab endorsements, trap tags, and replacement trap tags,

 6  or from the assessment of administrative penalties by the

 7  commission  under this section shall be deposited into the

 8  Marine Resources Conservation Trust Fund. Up to 50 percent of

 9  the moneys generated from the sale of endorsements and trap

10  tags and the assessment of administrative penalties may be

11  used for the operation and administration of the blue crab

12  effort management program. The remaining moneys generated from

13  the sale of endorsements and trap tags and the assessment of

14  administrative penalties may be used for trap retrieval;

15  management of the blue crab fishery; and public-education

16  activities, research, and enforcement activities in support of

17  the blue crab effort management program.

18         (e)  Waiver of fees.--For the 2007-2008 license year,

19  the commission shall waive all fees under this subsection for

20  all persons who qualify by September 30, 2007, to participate

21  in the blue crab effort management program established by

22  commission rule.

23         (4)(a)  Untagged trap penalties.--In addition to any

24  other penalties provided in s. 370.021 for any blue crab

25  endorsement holder who violates commission rules requiring the

26  placement of trap tags for each trap used for the directed

27  harvest of blue crabs, the following administrative penalties

28  apply:

29         1.  For a first violation, the commission shall assess

30  an administrative penalty of up to $1,000 and the blue crab

31  

                                  14

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  endorsement holder's blue crab fishing privileges may be

 2  suspended for the remainder of the current license year.

 3         2.  For a second violation that occurs within 24 months

 4  after any previous such violation, the commission shall assess

 5  an administrative penalty of up to $2,000 and the blue crab

 6  endorsement holder's blue crab fishing privileges may be

 7  suspended for 12 calendar months.

 8         3.  For a third violation that occurs within 36 months

 9  after any two previous such violations, the commission shall

10  assess an administrative penalty of up to $5,000 and the blue

11  crab endorsement holder's blue crab fishing privileges may be

12  suspended for 24 calendar months.

13         4.  A fourth violation that occurs within 48 months

14  after any three previous such violations shall result in

15  permanent revocation of all of the violator's saltwater

16  fishing privileges, including having the commission proceed

17  against the endorsement holder's saltwater products license in

18  accordance with s. 370.021.

19  

20  Any blue crab endorsement holder assessed an administrative

21  penalty under this paragraph shall, within 30 calendar days

22  after notification, pay the administrative penalty to the

23  commission or request an administrative hearing under ss.

24  120.569 and 120.57.

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.

                                  15

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         1.  Any commercial harvester receiving a judicial

 2  disposition other than dismissal or acquittal on a charge of

 3  theft of or from a trap as prohibited by this paragraph shall,

 4  in addition to the penalties specified in s. 370.021 and this

 5  section, permanently lose all saltwater fishing privileges,

 6  including any saltwater products licenses, blue crab

 7  endorsements and blue crab trap tags allotted to him or her by

 8  the commission. In such cases endorsements are

 9  nontransferable.

10         2.  In addition, any commercial harvester receiving a

11  judicial disposition other than dismissal or acquittal for

12  violating this paragraph shall also be assessed an

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

14  receipt of a citation for a violation involving theft of or

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

16  upon receipt of a judicial disposition other than dismissal or

17  acquittal for such a violation, the commercial harvester

18  committing the violation is prohibited from transferring any

19  blue crab endorsements.

20         3.  A commercial harvester who violates this paragraph

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

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

23  372.83.

24         (c)  Criminal activities prohibited.--

25         1.  It is unlawful for any commercial harvester or any

26  other person to:

27         a.  Willfully molest any blue crab trap, line or buoy

28  that is the property of any licenseholder without the

29  permission of that licenseholder.

30  

31  

                                  16

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         b.  Barter, trade, lease, or sell a blue crab trap tag,

 2  or conspire or aid in such barter, trade, lease, or sale

 3  unless duly authorized by commission rules.

 4         c.  Supply, agree to supply, aid in supplying, or give

 5  away a blue crab trap tag unless duly authorized by commission

 6  rules.

 7         d.  Make, alter, forge, counterfeit, or reproduce a

 8  blue crab trap tag.

 9         e.  Possess an altered, forged, counterfeit, or

10  imitation blue crab trap tag.

11         f.  Possess a number of original trap tags or

12  replacement trap tags, the sum of which exceeds by 1 percent

13  the number of traps allowed by commission rules.

14         g.  Engage in the commercial harvest of blue crabs

15  while the blue crab endorsements of the license holder are

16  under suspension or revocation.

17         2.  Immediately upon receiving a citation involving a

18  violation of this paragraph and until adjudicated for such a

19  violation, a commercial harvester is prohibited from

20  transferring any blue crab endorsement.

21         3.  A commercial harvester convicted of violating this

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

23  provided in s. 775.082, s. 775.083, or s. 775.084, shall also

24  be assessed an administrative penalty of up to $5,000, and is

25  immediately prohibited from transferring any blue crab

26  endorsement. All blue crab endorsements issued to a commercial

27  harvester convicted of violating this paragraph may be

28  suspended for up to 24 calendar months.

29         4.  Any other person convicted of violating this

30  paragraph commits a Level Four violation under s. 372.83.

31  

                                  17

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         (d)  Endorsement transfers; fraudulent reports;

 2  penalties.--For a commercial harvester convicted of

 3  fraudulently reporting the actual value of transferred blue

 4  crab endorsements, the commission may automatically suspend or

 5  permanently revoke the seller's or the purchaser's blue crab

 6  endorsements. If the endorsement is permanently revoked, the

 7  commission shall also permanently deactivate the endorsement

 8  holder's blue crab trap tag accounts.

 9         (e)  Prohibitions during endorsement suspension and

10  revocation.--During any period of suspension or after

11  revocation of a blue crab endorsement holder's endorsements,

12  he or she shall, within 15 days after notice provided by the

13  commission, remove from the water all traps subject to that

14  endorsement. Failure to do so shall extend the period of

15  suspension for an additional 6 calendar months.

16         (5)  For purposes of this section, a conviction is any

17  disposition other than acquittal or dismissal.

18         (6)  A blue crab endorsement may not be renewed until

19  all fees and administrative penalties imposed under this

20  section are paid.

21         (7)  Subsections (3), (4), (5), and (6) shall expire on

22  July 1, 2009, unless reenacted by the Legislature during the

23  2009 Regular Session.

24         Section 7.  For the 2007-2008 fiscal year, the sum of

25  $132,000 is appropriated from the Marine Resources

26  Conservation Trust Fund to the Fish and Wildlife Conservation

27  Commission on a recurring basis for the purpose of

28  implementing the blue crab effort management program pursuant

29  to s. 370.135(3)(b), Florida Statutes, and for the

30  administrative costs of the Blue Crab Advisory Board created

31  by commission rule.

                                  18

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         Section 8.  Subsections (2) and (3) of section 370.14,

 2  Florida Statutes, are amended to read:

 3         370.14  Spiny lobster; regulation.--

 4         (2)(a)1.  Each commercial harvester taking or

 5  attempting to take spiny lobster with a trap in commercial

 6  quantities or for commercial purposes shall obtain and exhibit

 7  a spiny lobster endorsement trap number, as required by the

 8  Fish and Wildlife Conservation Commission. The annual fee for

 9  a spiny lobster endorsement trap number is $125. This

10  endorsement trap number may be issued by the commission upon

11  the receipt of application by the commercial harvester when

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

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

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

15  take spiny lobster, other than a trap with the endorsement

16  trap number, shall be seized and destroyed by the commission.

17  The proceeds of the fees imposed by this paragraph shall be

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

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

20  section.

21         2.  Each commercial harvester taking or attempting to

22  take spiny lobster in commercial quantities or for commercial

23  purposes by any method, other than with a trap having a spiny

24  lobster endorsement trap number issued by the commission, must

25  pay an annual fee of $100.

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

27  lobster endorsement trap number required under subparagraph

28  (a)1. must be used only for trap retrieval as provided in s.

29  370.143. The remainder of the fees collected under pursuant to

30  paragraph (a) shall be deposited as follows:

31  

                                  19

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         1.  Fifty percent of the fees collected shall be

 2  deposited in the Marine Resources Conservation Trust Fund for

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

 4  aerial and other surveillance and trap retrieval.

 5         2.  Fifty percent of the fees collected shall be

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

 7         (3)  The spiny lobster endorsement license must be on

 8  board the boat, and both the endorsement license and the

 9  harvested spiny lobster shall be subject to inspection at all

10  times. Only one endorsement license shall be issued for each

11  boat. The spiny lobster endorsement license number must be

12  prominently displayed above the topmost portion of the boat so

13  as to be easily and readily identified.

14         Section 9.  Subsection (2) of section 370.142, Florida

15  Statutes, is amended to read:

16         370.142  Spiny lobster trap certificate program.--

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

18  PENALTIES.--The Fish and Wildlife Conservation Commission

19  shall establish a trap certificate program for the spiny

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

21  administration and enforcement as follows:

22         (a)  Transferable trap certificates.--Each holder of a

23  saltwater products license who uses traps for taking or

24  attempting to take spiny lobsters shall be required to have a

25  certificate on record for each trap possessed or used

26  therefor, except as otherwise provided in this section.

27         1.  The Department of Environmental Protection shall

28  initially allot such certificates to each licenseholder with a

29  current spiny lobster endorsement crawfish trap number who

30  uses traps.  The number of such certificates allotted to each

31  such licenseholder shall be based on the trap/catch

                                  20

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  coefficient established pursuant to trip ticket records

 2  generated under the provisions of s. 370.06(2) over a 3-year

 3  base period ending June 30, 1991. The trap/catch coefficient

 4  shall be calculated by dividing the sum of the highest

 5  reported single license-year landings up to a maximum of

 6  30,000 pounds for each such licenseholder during the base

 7  period by 700,000. Each such licenseholder shall then be

 8  allotted the number of certificates derived by dividing his or

 9  her highest reported single license-year landings up to a

10  maximum of 30,000 pounds during the base period by the

11  trap/catch coefficient. Nevertheless, no licenseholder with a

12  current spiny lobster endorsement crawfish trap number shall

13  be allotted fewer than 10 certificates. However, certificates

14  may only be issued to individuals; therefore, all

15  licenseholders other than individual licenseholders shall

16  designate the individual or individuals to whom their

17  certificates will be allotted and the number thereof to each,

18  if more than one. After initial issuance, trap certificates

19  are transferable on a market basis and may be transferred from

20  one licenseholder to another for a fair market value agreed

21  upon between the transferor and transferee. Each such transfer

22  shall, within 72 hours thereof, be recorded on a notarized

23  form provided for that purpose by the Fish and Wildlife

24  Conservation Commission and hand delivered or sent by

25  certified mail, return receipt requested, to the commission

26  for recordkeeping purposes. In addition, In order to cover the

27  added administrative costs of the program and to recover an

28  equitable natural resource rent for the people of the state, a

29  transfer fee of $2 per certificate transferred shall be

30  assessed against the purchasing licenseholder and sent by

31  money order or cashier's check with the certificate transfer

                                  21

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  form. Also, in addition to the transfer fee, a surcharge of $5

 2  per certificate transferred or 25 percent of the actual market

 3  value, whichever is greater, given to the transferor shall be

 4  assessed the first time a certificate is transferred outside

 5  the original transferor's immediate family. No transfer of a

 6  certificate shall be effective until the commission receives

 7  the notarized transfer form and the transfer fee, including

 8  any surcharge, is paid.  The commission may establish by rule

 9  an amount of equitable rent per trap certificate that shall be

10  recovered as partial compensation to the state for the

11  enhanced access to its natural resources. A rule establishing

12  an amount of equitable rent shall become effective only after

13  approval by the Legislature Final approval of such a rule

14  shall be by the Governor and Cabinet sitting as the Board of

15  Trustees of the Internal Improvement Trust Fund. In

16  determining whether to establish such a rent and, if so, the

17  amount thereof, the commission shall consider the amount of

18  revenues annually generated by certificate fees, transfer

19  fees, surcharges, trap license fees, and sales taxes, the

20  demonstrated fair market value of transferred certificates,

21  and the continued economic viability of the commercial lobster

22  industry. All The proceeds of equitable rent recovered must

23  shall be deposited in the Marine Resources Conservation Trust

24  Fund and used by the commission for research, management, and

25  protection of the spiny lobster fishery and habitat. A

26  transfer fee may not be assessed or required when the transfer

27  is within a family as a result of the death or disability of

28  the certificate owner. A surcharge will not be assessed for

29  any transfer within an individual's immediate family.

30         2.  No person, firm, corporation, or other business

31  entity may control, directly or indirectly, more than 1.5

                                  22

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  percent of the total available certificates in any license

 2  year.

 3         3.  The commission shall maintain records of all

 4  certificates and their transfers and shall annually provide

 5  each licenseholder with a statement of certificates held.

 6         4.  The number of trap tags issued annually to each

 7  licenseholder shall not exceed the number of certificates held

 8  by the licenseholder at the time of issuance, and such tags

 9  and a statement of certificates held shall be issued

10  simultaneously.

11         5.  Beginning July 1, 2003, and applicable to the

12  2003-2004 lobster season and thereafter, It is unlawful for

13  any person to lease spiny lobster trap tags or certificates.

14         (b)  Trap tags.--Each trap used to take or attempt to

15  take spiny lobsters in state waters or adjacent federal waters

16  shall, in addition to the spiny lobster endorsement crawfish

17  trap number required by s. 370.14(2), have affixed thereto an

18  annual trap tag issued by the commission. Each such tag shall

19  be made of durable plastic or similar material and shall,

20  based on the number of certificates held, have stamped thereon

21  the owner's license number. To facilitate enforcement and

22  recordkeeping, such tags shall be issued each year in a color

23  different from that of each of the previous 3 years. The

24  annual certificate fee shall be $1 per certificate.

25  Replacement tags for lost or damaged tags may be obtained as

26  provided by rule of the commission. In the event of a major

27  natural disaster, such as a hurricane or major storm, which

28  causes massive trap losses within an area declared by the

29  Governor to be a disaster emergency area, the commission may

30  temporarily defer or permanently waive replacement tag fees.

31         (c)  Prohibitions; penalties.--

                                  23

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




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

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

 3  waters without having affixed thereto the trap tag required by

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

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

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

 7  is not a trap as defined by commission rule.

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

 9  lobster trap tags without having the necessary number of

10  certificates on record as required by this section.

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

12  take possession of, or remove the contents of another

13  harvester's spiny lobster trap without the express written

14  consent of the trap owner available for immediate inspection.

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

16  trap contents constitutes theft.

17         a.  A commercial harvester who violates this

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

19  Any commercial harvester receiving a judicial disposition

20  other than dismissal or acquittal on a charge of theft of or

21  from a trap pursuant to this subparagraph or s. 370.1107

22  shall, in addition to the penalties specified in ss. 370.021

23  and 370.14 and the provisions of this section, permanently

24  lose all his or her saltwater fishing privileges, including

25  his or her saltwater products license, spiny lobster

26  endorsement, and all trap certificates allotted to him or her

27  through this program. In such cases, trap certificates and

28  endorsements are nontransferable.

29         b.  Any commercial harvester receiving a judicial

30  disposition other than dismissal or acquittal on a charge of

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

                                  24

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  specified in ss. 370.021 and 370.14, shall lose all saltwater

 2  fishing privileges for a period of 24 calendar months.

 3         c.  In addition, any commercial harvester charged with

 4  violating this subparagraph paragraph and receiving a judicial

 5  disposition other than dismissal or acquittal for violating

 6  this subparagraph or s. 370.1107 shall also be assessed an

 7  administrative penalty of up to $5,000.

 8  

 9  Immediately upon receiving a citation for a violation

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

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

12  a judicial disposition other than dismissal or acquittal of

13  such a violation, the commercial harvester person, firm, or

14  corporation committing the violation is prohibited from

15  transferring any spiny lobster trap certificates and

16  endorsements.

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

18  370.021, a commercial harvester who violates the provisions of

19  this section or commission rules relating to spiny lobster

20  traps shall be punished as follows:

21         a.  If the first violation is for violation of

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

23  assess an additional administrative penalty of up to $1,000

24  and the spiny lobster endorsement trap number issued under

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

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

27  violations, the commission shall assess an additional

28  administrative penalty of up to $500.

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

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

31  such violation, the commission shall assess an additional

                                  25

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  administrative penalty of up to $2,000 and the spiny lobster

 2  endorsement trap number issued under pursuant to s. 370.14(2)

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

 4  license year.

 5         c.  For a third or subsequent violation of subparagraph

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

 7  months of any previous two such violations, the commission

 8  shall assess an additional administrative penalty of up to

 9  $5,000 and may suspend the spiny lobster endorsement trap

10  number issued under pursuant to s. 370.14(2) or (6) for a

11  period of up to 24 months or may revoke the spiny lobster

12  endorsement trap number and, if revoking the spiny lobster

13  endorsement trap number, may also proceed against the

14  licenseholder's saltwater products license in accordance with

15  the provisions of s. 370.021(2)(h).

16         d.  Any person assessed an additional administrative

17  penalty pursuant to this section shall within 30 calendar days

18  after notification:

19         (I)  Pay the administrative penalty to the commission;

20  or

21         (II)  Request an administrative hearing pursuant to the

22  provisions of ss. 120.569 and 120.57.

23         e.  The commission shall suspend the spiny lobster

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

25  for any person failing to comply with the provisions of

26  sub-subparagraph d.

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

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

29  certificate.

30  

31  

                                  26

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




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

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

 3  spiny lobster trap tag or certificate.

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

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

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

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

 8  spiny lobster trap tag or certificate unless such action is

 9  duly authorized by the commission as provided in this chapter

10  or in the rules of the commission.

11         6.a.  Any commercial harvester who violates the

12  provisions of subparagraph 5., or any commercial harvester who

13  engages in the commercial harvest, trapping, or possession of

14  spiny lobster without a spiny lobster endorsement trap number

15  as required by s. 370.14(2) or (6) or during any period while

16  such spiny lobster endorsement trap number is under suspension

17  or revocation, commits a felony of the third degree,

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

19  775.084.

20         b.  In addition to any penalty imposed pursuant to

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

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

23  the fair market value of the transferred certificates, as

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

25  who violates the provisions of sub-subparagraph 5.c.

26         c.  In addition to any penalty imposed pursuant to

27  sub-subparagraph a., any commercial harvester receiving any

28  judicial disposition other than acquittal or dismissal for a

29  violation of subparagraph 5. shall be assessed an

30  administrative penalty of up to $5,000, and the spiny lobster

31  endorsement under which the violation was committed may be

                                  27

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  suspended for up to 24 calendar months. Immediately upon

 2  issuance of a citation involving a violation of subparagraph

 3  5. and until adjudication of such a violation, and after

 4  receipt of any judicial disposition other than acquittal or

 5  dismissal for such a violation, the commercial harvester

 6  holding the spiny lobster endorsement listed on the citation

 7  is prohibited from transferring any spiny lobster trap

 8  certificates.

 9         d.c.  Any other person who violates the provisions of

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

11  372.83.

12         7.  Any certificates for which the annual certificate

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

14  abandoned and shall revert to the commission. During any

15  period of trap reduction, any certificates reverting to the

16  commission shall become permanently unavailable and be

17  considered in that amount to be reduced during the next

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

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

20  provided by the commission.

21         8.  The proceeds of all administrative civil penalties

22  collected pursuant to subparagraph 4. and all fines collected

23  pursuant to sub-subparagraph 6.b. must shall be deposited into

24  the Marine Resources Conservation Trust Fund.

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

26  any period of suspension or revocation.

27         10.  Except as otherwise provided, any person who

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

29  372.83.

30         (d)  No vested rights.--The trap certificate program

31  shall not create vested rights in licenseholders whatsoever

                                  28

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  and may be altered or terminated as necessary to protect the

 2  spiny lobster resource, the participants in the fishery, or

 3  the public interest.

 4         Section 10.  Section 370.143, Florida Statutes, is

 5  amended to read:

 6         370.143  Retrieval of spiny lobster, crawfish, and

 7  stone crab, blue crab, and black sea bass traps during closed

 8  season; commission authority; fees.--

 9         (1)  The Fish and Wildlife Conservation Commission is

10  authorized to implement a trap retrieval program for retrieval

11  of spiny lobster, crawfish, and stone crab, blue crab, and

12  black sea bass traps remaining in the water during the closed

13  season for each species. The commission is authorized to

14  contract with outside agents for the program operation.

15         (2)  A retrieval fee of $10 per trap retrieved shall be

16  assessed trap owners. However, for each person holding a spiny

17  lobster endorsement, crawfish stamp number or a stone crab

18  endorsement, or a blue crab endorsement issued under rule of

19  the commission, the retrieval fee shall be waived for the

20  first five traps retrieved. Traps recovered under this program

21  shall become the property of the commission or its contract

22  agent, as determined by the commission, and shall be either

23  destroyed or resold to the original owner. Revenue from

24  retrieval fees must shall be deposited in the Marine Resources

25  Conservation Trust Fund and used solely for operation of the

26  trap retrieval program.

27         (3)  Payment of all assessed retrieval fees shall be

28  required prior to renewal of the trap owner's saltwater

29  products license and stone crab and or crawfish endorsements.

30  Retrieval fees assessed under this program shall stand in lieu

31  of other penalties imposed for such trap violations.

                                  29

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         (4)  In the event of a major natural disaster, such as

 2  a hurricane or major storm, which causes major trap losses

 3  within an area declared by the Governor to be a disaster

 4  emergency area, the commission shall waive the trap retrieval

 5  fee. In the event of a major natural disaster in an area

 6  declared by the Governor to be a disaster emergency area, such

 7  as a hurricane or major storm causing massive trap losses, the

 8  commission shall waive the trap retrieval fee.

 9         Section 11.  Section 372.09, Florida Statutes, is

10  amended to read:

11         372.09  State Game Trust Fund.--The funds resulting

12  from the operation of the commission and from the

13  administration of the laws and regulations pertaining to

14  birds, game, fur-bearing animals, freshwater fish, reptiles,

15  and amphibians, together with any other funds specifically

16  provided for such purposes shall constitute the State Game

17  Trust Fund and shall be used by the commission as it shall

18  deem fit in carrying out the provisions hereof and for no

19  other purposes, except that annual use fees deposited into the

20  trust fund from the sale of the Largemouth Bass license plate

21  may be expended for the purposes provided under s.

22  320.08058(18). The commission may not obligate itself beyond

23  the current resources of the State Game Trust Fund unless

24  specifically so authorized by the Legislature.

25         Section 12.  Paragraph (d) is added to subsection (2)

26  of section 372.672, Florida Statutes, to read:

27         372.672  Florida Panther Research and Management Trust

28  Fund.--

29         (2)  Money from the fund shall be spent only for the

30  following purposes:

31  

                                  30

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         (d)  To promote and market the panther license plate

 2  authorized under s. 320.08058.

 3         Section 13.  Paragraph (a) of subsection (2) and

 4  paragraph (a) of subsection (4) of section 372.83, Florida

 5  Statutes, are amended to read:

 6         372.83  Penalties and violations; civil penalties for

 7  noncriminal infractions; criminal penalties; suspension and

 8  forfeiture of licenses and permits.--

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

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

11  provisions:

12         1.  Rules or orders of the commission relating to

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

14  fish, or saltwater fish.

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

16  possession, or size limits or restricting methods of taking

17  wildlife, freshwater fish, or saltwater fish.

18         3.  Rules or orders of the commission prohibiting

19  access or otherwise relating to access to wildlife management

20  areas or other areas managed by the commission.

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

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

23         5.  Rules or orders of the commission relating to

24  landing requirements for freshwater fish or saltwater fish.

25         6.  Rules or orders of the commission relating to

26  restricted hunting areas, critical wildlife areas, or bird

27  sanctuaries.

28         7.  Rules or orders of the commission relating to

29  tagging requirements for game and fur-bearing animals.

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

31  use of dogs for the taking of game.

                                  31

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




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

 2  otherwise classified.

 3         10.  All prohibitions in chapter 370 which are not

 4  otherwise classified.

 5         11.  Section 370.028, prohibiting the violation of or

 6  noncompliance with commission rules.

 7         12.  Section 370.021(6) prohibiting the sale, purchase,

 8  harvest, or attempted harvest of any saltwater product with

 9  intent to sell.

10         13.  Section 370.08, prohibiting the obstruction of

11  waterways with net gear.

12         14.  Section 370.1105, prohibiting the unlawful use of

13  finfish traps.

14         15.  Section 370.1121, prohibiting the unlawful taking

15  of bonefish.

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

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

18  theft of trap contents or gear.

19         17.  Section 370.135(4)(b) 370.135(1)(c), prohibiting

20  the theft of blue crab trap contents or trap gear.

21         18.  Section 370.142(2)(c), prohibiting the possession

22  or use of spiny lobster traps without trap tags or

23  certificates and theft of trap contents or trap gear.

24         19.  Section 372.5704, prohibiting the possession of

25  tarpon without purchasing a tarpon tag.

26         20.  Section 372.667, prohibiting the feeding or

27  enticement of alligators or crocodiles.

28         21.  Section 372.705, prohibiting the intentional

29  harassment of hunters, fishers, or trappers.

30  

31  

                                  32

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         (4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a

 2  Level Four violation if he or she violates any of the

 3  following provisions:

 4         1.  Section 370.13(2)(c), prohibiting criminal

 5  activities relating to the taking of stone crabs.

 6         2.  Section 370.135(4)(c) 370.135(1)(b), prohibiting

 7  criminal activities relating to the taking and harvesting of

 8  blue crabs the willful molestation of blue crab gear.

 9         3.  Section 370.14(4), prohibiting the willful

10  molestation of spiny lobster gear.

11         4.  Section 370.142(2)(c)5., prohibiting the unlawful

12  reproduction, possession, sale, trade, or barter of spiny

13  lobster trap tags or certificates.

14         5.  Section 372.57(16), prohibiting the making,

15  forging, counterfeiting, or reproduction of a recreational

16  license or possession of same without authorization from the

17  commission.

18         6.  Section 372.99(5), prohibiting the sale of

19  illegally-taken deer or wild turkey.

20         7.  Section 372.99022, prohibiting the molestation or

21  theft of freshwater fishing gear.

22         Section 14.  For the purpose of incorporating the

23  amendments made by this act to section 320.08058, Florida

24  Statutes, in a reference thereto, paragraph (c) of subsection

25  (1) of section 380.511, Florida Statutes, is reenacted to

26  read:

27         380.511  Florida Communities Trust Fund.--

28         (1)  There is created the Florida Communities Trust

29  Fund as a nonlapsing, revolving fund for projects, activities,

30  acquisitions, and operating expenses necessary to carry out

31  this part.  The fund shall be held and administered by the

                                  33

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1  trust.  The following shall be credited to or deposited in the

 2  Florida Communities Trust Fund:

 3         (c)  Proceeds from the sale of environmental license

 4  plates authorized in s. 320.08058(5).

 5         Section 15.  Paragraph (a) of subsection (8) of section

 6  20.331, Florida Statutes, is amended to read:

 7         20.331  Fish and Wildlife Conservation Commission.--

 8         (8)  ADEQUATE DUE PROCESS PROCEDURES.--

 9         (a)  The commission shall adopt a rule establishing

10  adequate due process procedures to be accorded to any party,

11  as defined in s. 120.52, whose substantial interests are

12  affected by any action of the commission in the performance of

13  its constitutional duties and responsibilities and the

14  adequate due process procedures adopted by rule shall be

15  published in the Florida Administrative Code. The commission

16  shall implement a system of adequate due process procedures to

17  be accorded to any party, as defined in s. 120.52, whose

18  substantial interests will be affected by any action of the

19  commission in the performance of its constitutional duties or

20  responsibilities.

21         Section 16.  Subsection (4) of section 370.025, Florida

22  Statutes, is amended to read:

23         370.025  Marine fisheries; policy and standards.--

24         (4)  Pursuant to s. 9, Art. IV of the State

25  Constitution, the commission has full constitutional

26  rulemaking authority over marine life, and listed species as

27  defined in s. 372.072(3), except for:

28         (a)  Endangered or threatened marine species for which

29  rulemaking shall be done pursuant to chapter 120; and

30  

31  

                                  34

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






    Florida Senate - 2007                                  SB 1980
    592-582A-07




 1         (b)  The authority to regulate fishing gear in

 2  residential, manmade saltwater canals which is retained by the

 3  Legislature and specifically not delegated to the commission.

 4         (c)  Marine aquaculture products produced by an

 5  individual certified under s. 597.004. This exception does not

 6  apply to snook, prohibited and restricted marine species

 7  identified by rule of the commission, and rulemaking authority

 8  granted under pursuant to s. 370.027.

 9         Section 17.  This act shall take effect July 1, 2007.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Authorizes use of various annual use fees for specialty
      license plates concerning various wildlife species to
14    promote, market, or buy back such plates. Provides for
      deposit and use of certain funds in the Marine Resources
15    Conservation Trust Fund. Requires legislative approval of
      certain commission rules establishing equitable rent.
16    Establishes or authorizes waiver of various endorsement
      or trap replacement tag fees under certain conditions.
17    Prohibits certain activities concerning blue crabs or
      spiny lobsters. Provides penalties for various prohibited
18    activities concerning blue crabs or spiny lobsters.
      Reserves state jurisdiction for certain convictions.
19    Provides requirements for renewal of certain licenses.
      Provides for the expiration of certain provisions unless
20    reenacted in 2009. Appropriates certain fee revenues to
      the commission for blue crab management. Revises
21    provisions for certain trap retrieval programs and fees.
      Authorizes waiver of trap retrieval fees under certain
22    conditions. Modifies provisions concerning rulemaking by
      the Fish and Wildlife Conservation Commission. (See bill
23    for details.)

24  

25  

26  

27  

28  

29  

30  

31  

                                  35

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