| 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 |
|
| 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 |
|
| 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 |
|
| 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. |