1 | A bill to be entitled |
2 | An act relating to the protection of wild and aquatic |
3 | life; amending s. 253.04, F.S.; providing that careless |
4 | operation of a vessel outside a marked channel that causes |
5 | seagrass scarring within certain aquatic preserves is a |
6 | civil infraction; defining the terms "seagrass scarring" |
7 | and "seagrasses"; providing that refusal to post bond or |
8 | sign a boating citation is a second degree misdemeanor; |
9 | providing criminal penalties; requiring that civil |
10 | penalties collected for the careless operation of a vessel |
11 | causing seagrass scarring be deposited into the Internal |
12 | Improvement Trust Fund and used for specified purposes; |
13 | amending s. 327.73, F.S.; providing civil penalties for |
14 | seagrass scarring; amending s. 372.73, F.S.; providing for |
15 | the forfeiture of illegally taken wildlife, freshwater |
16 | fish, and saltwater fish to investigating law enforcement |
17 | agencies; authorizing investigating law enforcement |
18 | agencies to dispose of such wildlife, freshwater fish, and |
19 | saltwater fish in a specified manner; requiring certain |
20 | documentation; requiring the release of certain wildlife, |
21 | freshwater fish, and saltwater fish to native habitats; |
22 | providing for release of nonnative species by rule; |
23 | revising provisions for the deposit of certain proceeds |
24 | relating to the confiscation and disposition of illegally |
25 | taken wildlife, freshwater fish, and saltwater fish; |
26 | authorizing certain law enforcement agencies to receive |
27 | specified portions of forfeited property; creating s. |
28 | 372.731, F.S.; providing for photographs of illegally |
29 | taken wildlife, freshwater fish, or saltwater fish to be |
30 | admissible as evidence in the prosecution of certain |
31 | violations; specifying requirements and procedures for |
32 | such photographs; repealing s. 372.107, F.S., relating to |
33 | the Federal Law Enforcement Trust Fund within the Fish and |
34 | Wildlife Conservation Commission; amending ss. 370.021, |
35 | 370.061, 372.9901, 372.9904, and 932.7055, F.S.; |
36 | conforming cross-references; providing an effective date. |
37 |
|
38 | Be It Enacted by the Legislature of the State of Florida: |
39 |
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40 | Section 1. Subsections (4) through (7) of section 253.04, |
41 | Florida Statutes, are renumbered as subsections (5) through (8), |
42 | respectively, and a new subsection (4) is added to that section |
43 | to read: |
44 | 253.04 Duty of board to protect, etc., state lands; state |
45 | may join in any action brought.-- |
46 | (4)(a) Any person operating a vessel outside a lawfully |
47 | marked channel in a careless manner that causes seagrass |
48 | scarring within an aquatic preserve established in ss. 258.39- |
49 | 258.399 with the exception of the Lake Jackson, Wekiva River, |
50 | and Rainbow River aquatic preserves, commits a civil infraction, |
51 | punishable as provided in s. 327.73. Each violation is a |
52 | separate offense. As used in this subsection, the term: |
53 | 1. "Seagrass scarring" means the destruction of roots, |
54 | shoots, or stems of seagrass plants that results in tracks on |
55 | the substrate caused by the operation of a motorized vessel in |
56 | waters supporting seagrasses, commonly known as prop-scars or |
57 | propeller scars. |
58 | 2. "Seagrasses" means Cuban shoal grass (Halodule |
59 | wrightii), turtle grass (Thalassia testudinum), manatee grass |
60 | (Syringodium filiforme), star grass (Halophila engelmannii), |
61 | paddle grass (Halophila decipiens), Johnson's seagrass |
62 | (Halophila johnsonii), or widgeon grass (Ruppia maritima). |
63 | (b) Any violation of this subsection is a violation of the |
64 | boating laws of this state and shall be charged on a uniform |
65 | boating citation as provided in s. 327.74. Any person who |
66 | refuses to post a bond or accept and sign a uniform boating |
67 | citation commits a misdemeanor of the second degree as provided |
68 | in s. 327.73(3), punishable as provided in s. 775.082 or s. |
69 | 775.083. |
70 | (c) All civil penalties imposed and collected pursuant to |
71 | this subsection shall be deposited into the Internal Improvement |
72 | Trust Fund and used solely to implement, administer, and enforce |
73 | this subsection; provide for seagrass restoration; conduct a |
74 | program to educate vessel operators about the need to protect |
75 | seagrasses from damage caused by the operation of vessels; and |
76 | fund the marking of seagrass. |
77 | Section 2. Paragraph (x) is added to subsection (1) of |
78 | section 327.73, Florida Statutes, and subsection (8) of that |
79 | section is amended, to read: |
80 | 327.73 Noncriminal infractions.-- |
81 | (1) Violations of the following provisions of the vessel |
82 | laws of this state are noncriminal infractions: |
83 | (x) Section 253.04(4)(a), relating to carelessly causing |
84 | seagrass scarring, for which the civil penalty is: |
85 | 1. Fifty dollars upon conviction for a first offense. |
86 | 2. Two hundred and fifty dollars upon conviction for a |
87 | second offense occurring within 12 months after a prior |
88 | conviction. |
89 | 3. Five hundred dollars upon conviction for a third |
90 | offense occurring within 36 months after a prior conviction. |
91 | 4. One thousand dollars upon conviction for a fourth or |
92 | subsequent offense. |
93 | |
94 | Any person cited for a violation of any such provision shall be |
95 | deemed to be charged with a noncriminal infraction, shall be |
96 | cited for such an infraction, and shall be cited to appear |
97 | before the county court. The civil penalty for any such |
98 | infraction is $50, except as otherwise provided in this section. |
99 | Any person who fails to appear or otherwise properly respond to |
100 | a uniform boating citation shall, in addition to the charge |
101 | relating to the violation of the boating laws of this state, be |
102 | charged with the offense of failing to respond to such citation |
103 | and, upon conviction, be guilty of a misdemeanor of the second |
104 | degree, punishable as provided in s. 775.082 or s. 775.083. A |
105 | written warning to this effect shall be provided at the time |
106 | such uniform boating citation is issued. |
107 | (8) Except as otherwise provided by s. 253.04(4)(c), all |
108 | fees and civil penalties assessed and collected pursuant to this |
109 | section shall be remitted by the clerk of the court to the |
110 | Department of Revenue to be deposited into the Marine Resources |
111 | Conservation Trust Fund for boating safety education purposes. |
112 | Section 3. Section 372.73, Florida Statutes, is amended to |
113 | read: |
114 | 372.73 Confiscation and disposition of illegally taken |
115 | wildlife, freshwater fish, and saltwater fish game.-- |
116 | (1)(a) All wildlife, game and freshwater fish, and |
117 | saltwater fish seized under the authority of this chapter, any |
118 | other chapter, or rules of the commission shall, upon conviction |
119 | of the offender or sooner in accordance with a court order if |
120 | the court so orders, be forfeited to the investigating law |
121 | enforcement agency. The law enforcement agency may elect to |
122 | retain the wildlife, freshwater fish, or saltwater fish for the |
123 | agency's official use; transfer the wildlife, freshwater fish, |
124 | or saltwater fish to another unit of state or local government |
125 | for official use; donate the wildlife, freshwater fish, or |
126 | saltwater fish to a charitable organization; sell the wildlife, |
127 | freshwater fish, or saltwater fish at a public sale, pursuant to |
128 | the provisions of s. 705.103; or destroy the wildlife, |
129 | freshwater fish, or saltwater fish if none of the other options |
130 | are practicable or if the wildlife, freshwater fish, or |
131 | saltwater fish is unwholesome or otherwise not of appreciable |
132 | value. |
133 | (b) All live wildlife, freshwater fish, or saltwater fish, |
134 | the possession of which is unlawful, shall be properly |
135 | documented as evidence under s. 372.731 and returned to the |
136 | habitat unharmed, except that nonnative species may be released |
137 | only as allowed by rules of the commission. Any unclaimed |
138 | wildlife, freshwater fish, or saltwater fish shall be retained |
139 | by the investigating law enforcement agency and disposed of in |
140 | accordance with the provisions of this subsection and given to |
141 | some hospital or charitable institution and receipt therefor |
142 | sent to the Fish and Wildlife Conservation Commission. |
143 | (2) All furs or hides or fur-bearing animals seized under |
144 | the authority of this chapter shall, upon conviction of the |
145 | offender, be forfeited and sent to the commission, which shall |
146 | sell such hides and furs the same and deposit the proceeds of |
147 | such sale to the credit of the State Game Trust Fund or into the |
148 | commission's Federal Law Enforcement Trust Fund as provided in |
149 | s. 372.107, as applicable. If any such hides or furs are seized |
150 | and the offender is unknown, the court shall order such hides or |
151 | furs sent to the Fish and Wildlife Conservation commission, |
152 | which shall sell such hides and furs. |
153 | (3) Except as otherwise provided in subsection (4), and |
154 | deposit the proceeds of any such sale pursuant to this section |
155 | shall be remitted to the Department of Revenue for deposit to |
156 | the credit of the State Game Trust Fund or the Marine Resources |
157 | Conservation Trust Fund into the commission's Federal Law |
158 | Enforcement Trust Fund as provided in s. 372.107, as applicable. |
159 | (4) Any state, municipal, or county law enforcement agency |
160 | that enforces or assists the commission in enforcing the |
161 | provisions of this chapter, which enforcement or assistance |
162 | results in a forfeiture of property as provided in this section, |
163 | shall be entitled to receive all or a share of any property |
164 | based upon the agency's participation in such enforcement. |
165 | Section 4. Section 372.731, Florida Statutes, is created |
166 | to read: |
167 | 372.731 Photographs of illegally taken wildlife, |
168 | freshwater fish, and saltwater fish.--In any prosecution for a |
169 | violation of this chapter, chapter 370, or rules of the |
170 | commission, a photograph of the illegally taken wildlife, |
171 | freshwater fish, or saltwater fish may be deemed competent |
172 | evidence of such property and may be admissible in the |
173 | prosecution to the same extent as if such wildlife, freshwater |
174 | fish, or saltwater fish were introduced as evidence. Such |
175 | photograph shall bear a written description of the wildlife, |
176 | freshwater fish, or saltwater fish alleged to have been |
177 | illegally taken, the name of the violator, the location where |
178 | the alleged wrongful taking occurred, the name of the |
179 | investigating law enforcement officer, the date the photograph |
180 | was taken, and the name of the photographer. Such writing shall |
181 | be made under oath by the investigating law enforcement officer, |
182 | and the photograph shall be identified by the signature of the |
183 | photographer. |
184 | Section 5. Section 372.107, Florida Statutes, is repealed. |
185 | Section 6. Subsection (2) of section 370.021, Florida |
186 | Statutes, is amended to read: |
187 | 370.021 Administration; rules, publications, records; |
188 | penalties; injunctions.-- |
189 | (2) MAJOR VIOLATIONS.--In addition to the penalties |
190 | provided in paragraphs (1)(a) and (b), the court shall assess |
191 | additional penalties against any commercial harvester convicted |
192 | of major violations as follows: |
193 | (a) For a violation involving more than 100 illegal blue |
194 | crabs, spiny lobster, or stone crabs, an additional penalty of |
195 | $10 for each illegal blue crab, spiny lobster, stone crab, or |
196 | part thereof. |
197 | (b) For a violation involving the taking or harvesting of |
198 | shrimp from a nursery or other prohibited area, or any two |
199 | violations within a 12-month period involving shrimping gear, |
200 | minimum size (count), or season, an additional penalty of $10 |
201 | for each pound of illegal shrimp or part thereof. |
202 | (c) For a violation involving the taking or harvesting of |
203 | oysters from nonapproved areas or the taking or possession of |
204 | unculled oysters, an additional penalty of $10 for each bushel |
205 | of illegal oysters. |
206 | (d) For a violation involving the taking or harvesting of |
207 | clams from nonapproved areas, an additional penalty of $100 for |
208 | each 500 count bag of illegal clams. |
209 | (e) For a violation involving the taking, harvesting, or |
210 | possession of any of the following species, which are |
211 | endangered, threatened, or of special concern: |
212 | 1. Shortnose sturgeon (Acipenser brevirostrum); |
213 | 2. Atlantic sturgeon (Acipenser oxyrhynchus); |
214 | 3. Common snook (Centropomus undecimalis); |
215 | 4. Atlantic loggerhead turtle (Caretta caretta caretta); |
216 | 5. Atlantic green turtle (Chelonia mydas mydas); |
217 | 6. Leatherback turtle (Dermochelys coriacea); |
218 | 7. Atlantic hawksbill turtle (Eretmochelys imbricata |
219 | imbracata); |
220 | 8. Atlantic ridley turtle (Lepidochelys kempi); or |
221 | 9. West Indian manatee (Trichechus manatus latirostris), |
222 |
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223 | an additional penalty of $100 for each unit of marine life or |
224 | part thereof. |
225 | (f) For a second or subsequent conviction within 24 months |
226 | for any violation of the same law or rule involving the taking |
227 | or harvesting of more than 100 pounds of any finfish, an |
228 | additional penalty of $5 for each pound of illegal finfish. |
229 | (g) For any violation involving the taking, harvesting, or |
230 | possession of more than 1,000 pounds of any illegal finfish, an |
231 | additional penalty equivalent to the wholesale value of the |
232 | illegal finfish. |
233 | (h) Permits issued to any commercial harvester by the |
234 | commission to take or harvest saltwater products, or any license |
235 | issued pursuant to s. 370.06 or s. 370.07 may be suspended or |
236 | revoked by the commission, pursuant to the provisions and |
237 | procedures of s. 120.60, for any major violation prescribed in |
238 | this subsection: |
239 | 1. Upon a first conviction, for up to 30 calendar days. |
240 | 2. Upon a second conviction which occurs within 12 months |
241 | after a prior violation, for up to 90 calendar days. |
242 | 3. Upon a third conviction which occurs within 24 months |
243 | after a prior conviction, for up to 180 calendar days. |
244 | 4. Upon a fourth conviction which occurs within 36 months |
245 | after a prior conviction, for a period of 6 months to 3 years. |
246 | (i) Upon the arrest and conviction for a major violation |
247 | involving stone crabs, the licenseholder must show just cause |
248 | why his or her license should not be suspended or revoked. For |
249 | the purposes of this paragraph, a "major violation" means a |
250 | major violation as prescribed for illegal stone crabs; any |
251 | single violation involving possession of more than 25 stone |
252 | crabs during the closed season or possession of 25 or more |
253 | whole-bodied or egg-bearing stone crabs; any violation for trap |
254 | molestation, trap robbing, or pulling traps at night; or any |
255 | combination of violations in any 3-consecutive-year period |
256 | wherein more than 75 illegal stone crabs in the aggregate are |
257 | involved. |
258 | (j) Upon the arrest and conviction for a major violation |
259 | involving spiny lobster, the licenseholder must show just cause |
260 | why his or her license should not be suspended or revoked. For |
261 | the purposes of this paragraph, a "major violation" means a |
262 | major violation as prescribed for illegal spiny lobster; any |
263 | single violation involving possession of more than 25 spiny |
264 | lobster during the closed season or possession of more than 25 |
265 | wrung spiny lobster tails or more than 25 egg-bearing or |
266 | stripped spiny lobster; any violation for trap molestation, trap |
267 | robbing, or pulling traps at night; or any combination of |
268 | violations in any 3-consecutive-year period wherein more than 75 |
269 | illegal spiny lobster in the aggregate are involved. |
270 | (k) Upon the arrest and conviction for a major violation |
271 | involving blue crabs, the licenseholder shall show just cause |
272 | why his or her saltwater products license should not be |
273 | suspended or revoked. This paragraph shall not apply to an |
274 | individual fishing with no more than five traps. For the |
275 | purposes of this paragraph, a "major violation" means a major |
276 | violation as prescribed for illegal blue crabs, any single |
277 | violation wherein 50 or more illegal blue crabs are involved; |
278 | any violation for trap molestation, trap robbing, or pulling |
279 | traps at night; or any combination of violations in any 3- |
280 | consecutive-year period wherein more than 100 illegal blue crabs |
281 | in the aggregate are involved. |
282 | (l) Upon the conviction for a major violation involving |
283 | finfish, the licenseholder must show just cause why his or her |
284 | saltwater products license should not be suspended or revoked. |
285 | For the purposes of this paragraph, a major violation is |
286 | prescribed for the taking and harvesting of illegal finfish, any |
287 | single violation involving the possession of more than 100 |
288 | pounds of illegal finfish, or any combination of violations in |
289 | any 3-consecutive-year period wherein more than 200 pounds of |
290 | illegal finfish in the aggregate are involved. |
291 | (m) For a violation involving the taking or harvesting of |
292 | any marine life species, as those species are defined by rule of |
293 | the commission, the harvest of which is prohibited, or the |
294 | taking or harvesting of such a species out of season, or with an |
295 | illegal gear or chemical, or any violation involving the |
296 | possession of 25 or more individual specimens of marine life |
297 | species, or any combination of violations in any 3-year period |
298 | involving more than 70 such specimens in the aggregate, the |
299 | suspension or revocation of the licenseholder's marine life |
300 | endorsement as provided in paragraph (h). |
301 |
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302 | The penalty provisions of this subsection apply to commercial |
303 | harvesters and wholesale and retail dealers as defined in s. |
304 | 370.07. Any other person who commits a major violation under |
305 | this subsection commits a Level Three violation under s. 372.83. |
306 | Notwithstanding the provisions of s. 948.01, no court may |
307 | suspend, defer, or withhold adjudication of guilt or imposition |
308 | of sentence for any major violation prescribed in this |
309 | subsection. The proceeds from the penalties assessed pursuant to |
310 | this subsection shall be deposited into the Marine Resources |
311 | Conservation Trust Fund to be used for marine fisheries research |
312 | or into the commission's Federal Law Enforcement Trust Fund as |
313 | provided in s. 372.107, as applicable. |
314 | Section 7. Subsection (4) and paragraph (c) of subsection |
315 | (5) of section 370.061, Florida Statutes, are amended to read: |
316 | 370.061 Confiscation, seizure, and forfeiture of property |
317 | and products.-- |
318 | (4) DESTRUCTION OR DISPOSITION OF PROPERTY.--All property |
319 | forfeited under this section may be destroyed, used by the |
320 | commission, disposed of by gift to charitable or state |
321 | institutions, or sold, with the proceeds derived from the sale |
322 | deposited into the Marine Resources Conservation Trust Fund to |
323 | be used for law enforcement purposes, or into the commission's |
324 | Federal Law Enforcement Trust Fund as provided in s. 372.107, as |
325 | applicable. |
326 | (5) CONFISCATION AND SALE OF PERISHABLE SALTWATER |
327 | PRODUCTS; PROCEDURE.-- |
328 | (c) In the event of acquittal, the proceeds of a sale or |
329 | the bond or cash deposit required by this subsection shall be |
330 | returned to the defendant. In the event of a conviction, the |
331 | proceeds of a sale or the bond or cash deposit required by this |
332 | subsection shall be deposited into the Marine Resources |
333 | Conservation Trust Fund to be used for law enforcement purposes |
334 | or into the commission's Federal Law Enforcement Trust Fund as |
335 | provided in s. 372.107, as applicable. Such deposit into the |
336 | Marine Resources Conservation Trust Fund or the Federal Law |
337 | Enforcement Trust Fund shall constitute confiscation. |
338 | Section 8. Subsection (5) of section 372.9901, Florida |
339 | Statutes, is amended to read: |
340 | 372.9901 Seizure of illegal hunting devices; disposition; |
341 | notice; forfeiture.--In order to protect the state's wildlife |
342 | resources, any vehicle, vessel, animal, gun, light, or other |
343 | hunting device used or attempted to be used in connection with, |
344 | as an instrumentality of, or in aiding and abetting in the |
345 | commission of an offense prohibited by s. 372.99 is subject to |
346 | seizure and forfeiture. The provisions of chapter 932 do not |
347 | apply to any seizure or forfeiture under this section. For |
348 | purposes of this section, a conviction is any disposition other |
349 | than acquittal or dismissal. |
350 | (5) All amounts received from the sale or other |
351 | disposition of the property shall be paid into the State Game |
352 | Trust Fund or into the commission's Federal Law Enforcement |
353 | Trust Fund as provided in s. 372.107, as applicable. If the |
354 | property is not sold or converted, it shall be delivered to the |
355 | executive director of the commission. |
356 | Section 9. Subsection (3) of section 372.9904, Florida |
357 | Statutes, is amended to read: |
358 | 372.9904 Seizure of illegal transportation devices; |
359 | disposition; appraisal; forfeiture.-- |
360 | (3) Upon conviction of the violator, the property, if |
361 | owned by the person convicted, shall be forfeited to the state |
362 | under the procedure set forth in ss. 370.061 and 370.07, when |
363 | not inconsistent with this section. All amounts received from |
364 | the sale or other disposition of the property shall be paid into |
365 | the State Game Trust Fund or into the commission's Federal Law |
366 | Enforcement Trust Fund as provided in s. 372.107, as applicable. |
367 | If the property is not sold or converted, it shall be delivered |
368 | to the director of the Fish and Wildlife Conservation |
369 | Commission. |
370 | Section 10. Paragraph (e) of subsection (6) of section |
371 | 932.7055, Florida Statutes, is amended to read: |
372 | 932.7055 Disposition of liens and forfeited property.-- |
373 | (6) If the seizing agency is a state agency, all remaining |
374 | proceeds shall be deposited into the General Revenue Fund. |
375 | However, if the seizing agency is: |
376 | (e) The Fish and Wildlife Conservation Commission, the |
377 | proceeds accrued pursuant to the provisions of the Florida |
378 | Contraband Forfeiture Act shall be deposited into the State Game |
379 | Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904, |
380 | into the Marine Resources Conservation Trust Fund as provided in |
381 | s. 370.061, or into the commission's Federal Law Enforcement |
382 | Trust Fund as provided in s. 372.107, as applicable. |
383 | Section 11. This act shall take effect October 1, 2008. |