HB 7059

1
A bill to be entitled
2An act relating to the protection of wild and aquatic
3life; amending s. 253.04, F.S.; providing that careless
4operation of a vessel outside a marked channel that causes
5seagrass scarring within certain aquatic preserves is a
6civil infraction; defining the terms "seagrass scarring"
7and "seagrasses"; providing that refusal to post bond or
8sign a boating citation is a second degree misdemeanor;
9providing criminal penalties; requiring that civil
10penalties collected for the careless operation of a vessel
11causing seagrass scarring be deposited into the Internal
12Improvement Trust Fund and used for specified purposes;
13amending s. 327.73, F.S.; providing civil penalties for
14seagrass scarring; amending s. 372.73, F.S.; providing for
15the forfeiture of illegally taken wildlife, freshwater
16fish, and saltwater fish to investigating law enforcement
17agencies; authorizing investigating law enforcement
18agencies to dispose of such wildlife, freshwater fish, and
19saltwater fish in a specified manner; requiring certain
20documentation; requiring the release of certain wildlife,
21freshwater fish, and saltwater fish to native habitats;
22providing for release of nonnative species by rule;
23revising provisions for the deposit of certain proceeds
24relating to the confiscation and disposition of illegally
25taken wildlife, freshwater fish, and saltwater fish;
26authorizing certain law enforcement agencies to receive
27specified portions of forfeited property; creating s.
28372.731, F.S.; providing for photographs of illegally
29taken wildlife, freshwater fish, or saltwater fish to be
30admissible as evidence in the prosecution of certain
31violations; specifying requirements and procedures for
32such photographs; repealing s. 372.107, F.S., relating to
33the Federal Law Enforcement Trust Fund within the Fish and
34Wildlife Conservation Commission; amending ss. 370.021,
35370.061, 372.9901, 372.9904, and 932.7055, F.S.;
36conforming cross-references; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsections (4) through (7) of section 253.04,
41Florida Statutes, are renumbered as subsections (5) through (8),
42respectively, and a new subsection (4) is added to that section
43to read:
44     253.04  Duty of board to protect, etc., state lands; state
45may join in any action brought.--
46     (4)(a)  Any person operating a vessel outside a lawfully
47marked channel in a careless manner that causes seagrass
48scarring within an aquatic preserve established in ss. 258.39-
49258.399 with the exception of the Lake Jackson, Wekiva River,
50and Rainbow River aquatic preserves, commits a civil infraction,
51punishable as provided in s. 327.73. Each violation is a
52separate offense. As used in this subsection, the term:
53     1.  "Seagrass scarring" means the destruction of roots,
54shoots, or stems of seagrass plants that results in tracks on
55the substrate caused by the operation of a motorized vessel in
56waters supporting seagrasses, commonly known as prop-scars or
57propeller scars.
58     2.  "Seagrasses" means Cuban shoal grass (Halodule
59wrightii), turtle grass (Thalassia testudinum), manatee grass
60(Syringodium filiforme), star grass (Halophila engelmannii),
61paddle 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
64boating laws of this state and shall be charged on a uniform
65boating citation as provided in s. 327.74. Any person who
66refuses to post a bond or accept and sign a uniform boating
67citation commits a misdemeanor of the second degree as provided
68in s. 327.73(3), punishable as provided in s. 775.082 or s.
69775.083.
70     (c)  All civil penalties imposed and collected pursuant to
71this subsection shall be deposited into the Internal Improvement
72Trust Fund and used solely to implement, administer, and enforce
73this subsection; provide for seagrass restoration; conduct a
74program to educate vessel operators about the need to protect
75seagrasses from damage caused by the operation of vessels; and
76fund the marking of seagrass.
77     Section 2.  Paragraph (x) is added to subsection (1) of
78section 327.73, Florida Statutes, and subsection (8) of that
79section is amended, to read:
80     327.73  Noncriminal infractions.--
81     (1)  Violations of the following provisions of the vessel
82laws of this state are noncriminal infractions:
83     (x)  Section 253.04(4)(a), relating to carelessly causing
84seagrass 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
87second offense occurring within 12 months after a prior
88conviction.
89     3.  Five hundred dollars upon conviction for a third
90offense occurring within 36 months after a prior conviction.
91     4.  One thousand dollars upon conviction for a fourth or
92subsequent offense.
93
94Any person cited for a violation of any such provision shall be
95deemed to be charged with a noncriminal infraction, shall be
96cited for such an infraction, and shall be cited to appear
97before the county court. The civil penalty for any such
98infraction is $50, except as otherwise provided in this section.
99Any person who fails to appear or otherwise properly respond to
100a uniform boating citation shall, in addition to the charge
101relating to the violation of the boating laws of this state, be
102charged with the offense of failing to respond to such citation
103and, upon conviction, be guilty of a misdemeanor of the second
104degree, punishable as provided in s. 775.082 or s. 775.083. A
105written warning to this effect shall be provided at the time
106such uniform boating citation is issued.
107     (8)  Except as otherwise provided by s. 253.04(4)(c), all
108fees and civil penalties assessed and collected pursuant to this
109section shall be remitted by the clerk of the court to the
110Department of Revenue to be deposited into the Marine Resources
111Conservation Trust Fund for boating safety education purposes.
112     Section 3.  Section 372.73, Florida Statutes, is amended to
113read:
114     372.73  Confiscation and disposition of illegally taken
115wildlife, freshwater fish, and saltwater fish game.--
116     (1)(a)  All wildlife, game and freshwater fish, and
117saltwater fish seized under the authority of this chapter, any
118other chapter, or rules of the commission shall, upon conviction
119of the offender or sooner in accordance with a court order if
120the court so orders, be forfeited to the investigating law
121enforcement agency. The law enforcement agency may elect to
122retain the wildlife, freshwater fish, or saltwater fish for the
123agency's official use; transfer the wildlife, freshwater fish,
124or saltwater fish to another unit of state or local government
125for official use; donate the wildlife, freshwater fish, or
126saltwater fish to a charitable organization; sell the wildlife,
127freshwater fish, or saltwater fish at a public sale, pursuant to
128the provisions of s. 705.103; or destroy the wildlife,
129freshwater fish, or saltwater fish if none of the other options
130are practicable or if the wildlife, freshwater fish, or
131saltwater fish is unwholesome or otherwise not of appreciable
132value.
133     (b)  All live wildlife, freshwater fish, or saltwater fish,
134the possession of which is unlawful, shall be properly
135documented as evidence under s. 372.731 and returned to the
136habitat unharmed, except that nonnative species may be released
137only as allowed by rules of the commission. Any unclaimed
138wildlife, freshwater fish, or saltwater fish shall be retained
139by the investigating law enforcement agency and disposed of in
140accordance with the provisions of this subsection and given to
141some hospital or charitable institution and receipt therefor
142sent to the Fish and Wildlife Conservation Commission.
143     (2)  All furs or hides or fur-bearing animals seized under
144the authority of this chapter shall, upon conviction of the
145offender, be forfeited and sent to the commission, which shall
146sell such hides and furs the same and deposit the proceeds of
147such sale to the credit of the State Game Trust Fund or into the
148commission's Federal Law Enforcement Trust Fund as provided in
149s. 372.107, as applicable. If any such hides or furs are seized
150and the offender is unknown, the court shall order such hides or
151furs sent to the Fish and Wildlife Conservation commission,
152which shall sell such hides and furs.
153     (3)  Except as otherwise provided in subsection (4), and
154deposit the proceeds of any such sale pursuant to this section
155shall be remitted to the Department of Revenue for deposit to
156the credit of the State Game Trust Fund or the Marine Resources
157Conservation Trust Fund into the commission's Federal Law
158Enforcement Trust Fund as provided in s. 372.107, as applicable.
159     (4)  Any state, municipal, or county law enforcement agency
160that enforces or assists the commission in enforcing the
161provisions of this chapter, which enforcement or assistance
162results in a forfeiture of property as provided in this section,
163shall be entitled to receive all or a share of any property
164based upon the agency's participation in such enforcement.
165     Section 4.  Section 372.731, Florida Statutes, is created
166to read:
167     372.731  Photographs of illegally taken wildlife,
168freshwater fish, and saltwater fish.--In any prosecution for a
169violation of this chapter, chapter 370, or rules of the
170commission, a photograph of the illegally taken wildlife,
171freshwater fish, or saltwater fish may be deemed competent
172evidence of such property and may be admissible in the
173prosecution to the same extent as if such wildlife, freshwater
174fish, or saltwater fish were introduced as evidence. Such
175photograph shall bear a written description of the wildlife,
176freshwater fish, or saltwater fish alleged to have been
177illegally taken, the name of the violator, the location where
178the alleged wrongful taking occurred, the name of the
179investigating law enforcement officer, the date the photograph
180was taken, and the name of the photographer. Such writing shall
181be made under oath by the investigating law enforcement officer,
182and the photograph shall be identified by the signature of the
183photographer.
184     Section 5.  Section 372.107, Florida Statutes, is repealed.
185     Section 6.  Subsection (2) of section 370.021, Florida
186Statutes, is amended to read:
187     370.021  Administration; rules, publications, records;
188penalties; injunctions.--
189     (2)  MAJOR VIOLATIONS.--In addition to the penalties
190provided in paragraphs (1)(a) and (b), the court shall assess
191additional penalties against any commercial harvester convicted
192of major violations as follows:
193     (a)  For a violation involving more than 100 illegal blue
194crabs, spiny lobster, or stone crabs, an additional penalty of
195$10 for each illegal blue crab, spiny lobster, stone crab, or
196part thereof.
197     (b)  For a violation involving the taking or harvesting of
198shrimp from a nursery or other prohibited area, or any two
199violations within a 12-month period involving shrimping gear,
200minimum size (count), or season, an additional penalty of $10
201for each pound of illegal shrimp or part thereof.
202     (c)  For a violation involving the taking or harvesting of
203oysters from nonapproved areas or the taking or possession of
204unculled oysters, an additional penalty of $10 for each bushel
205of illegal oysters.
206     (d)  For a violation involving the taking or harvesting of
207clams from nonapproved areas, an additional penalty of $100 for
208each 500 count bag of illegal clams.
209     (e)  For a violation involving the taking, harvesting, or
210possession of any of the following species, which are
211endangered, 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
219imbracata);
220     8.  Atlantic ridley turtle (Lepidochelys kempi); or
221     9.  West Indian manatee (Trichechus manatus latirostris),
222
223an additional penalty of $100 for each unit of marine life or
224part thereof.
225     (f)  For a second or subsequent conviction within 24 months
226for any violation of the same law or rule involving the taking
227or harvesting of more than 100 pounds of any finfish, an
228additional penalty of $5 for each pound of illegal finfish.
229     (g)  For any violation involving the taking, harvesting, or
230possession of more than 1,000 pounds of any illegal finfish, an
231additional penalty equivalent to the wholesale value of the
232illegal finfish.
233     (h)  Permits issued to any commercial harvester by the
234commission to take or harvest saltwater products, or any license
235issued pursuant to s. 370.06 or s. 370.07 may be suspended or
236revoked by the commission, pursuant to the provisions and
237procedures of s. 120.60, for any major violation prescribed in
238this subsection:
239     1.  Upon a first conviction, for up to 30 calendar days.
240     2.  Upon a second conviction which occurs within 12 months
241after a prior violation, for up to 90 calendar days.
242     3.  Upon a third conviction which occurs within 24 months
243after a prior conviction, for up to 180 calendar days.
244     4.  Upon a fourth conviction which occurs within 36 months
245after a prior conviction, for a period of 6 months to 3 years.
246     (i)  Upon the arrest and conviction for a major violation
247involving stone crabs, the licenseholder must show just cause
248why his or her license should not be suspended or revoked. For
249the purposes of this paragraph, a "major violation" means a
250major violation as prescribed for illegal stone crabs; any
251single violation involving possession of more than 25 stone
252crabs during the closed season or possession of 25 or more
253whole-bodied or egg-bearing stone crabs; any violation for trap
254molestation, trap robbing, or pulling traps at night; or any
255combination of violations in any 3-consecutive-year period
256wherein more than 75 illegal stone crabs in the aggregate are
257involved.
258     (j)  Upon the arrest and conviction for a major violation
259involving spiny lobster, the licenseholder must show just cause
260why his or her license should not be suspended or revoked. For
261the purposes of this paragraph, a "major violation" means a
262major violation as prescribed for illegal spiny lobster; any
263single violation involving possession of more than 25 spiny
264lobster during the closed season or possession of more than 25
265wrung spiny lobster tails or more than 25 egg-bearing or
266stripped spiny lobster; any violation for trap molestation, trap
267robbing, or pulling traps at night; or any combination of
268violations in any 3-consecutive-year period wherein more than 75
269illegal spiny lobster in the aggregate are involved.
270     (k)  Upon the arrest and conviction for a major violation
271involving blue crabs, the licenseholder shall show just cause
272why his or her saltwater products license should not be
273suspended or revoked. This paragraph shall not apply to an
274individual fishing with no more than five traps. For the
275purposes of this paragraph, a "major violation" means a major
276violation as prescribed for illegal blue crabs, any single
277violation wherein 50 or more illegal blue crabs are involved;
278any violation for trap molestation, trap robbing, or pulling
279traps at night; or any combination of violations in any 3-
280consecutive-year period wherein more than 100 illegal blue crabs
281in the aggregate are involved.
282     (l)  Upon the conviction for a major violation involving
283finfish, the licenseholder must show just cause why his or her
284saltwater products license should not be suspended or revoked.
285For the purposes of this paragraph, a major violation is
286prescribed for the taking and harvesting of illegal finfish, any
287single violation involving the possession of more than 100
288pounds of illegal finfish, or any combination of violations in
289any 3-consecutive-year period wherein more than 200 pounds of
290illegal finfish in the aggregate are involved.
291     (m)  For a violation involving the taking or harvesting of
292any marine life species, as those species are defined by rule of
293the commission, the harvest of which is prohibited, or the
294taking or harvesting of such a species out of season, or with an
295illegal gear or chemical, or any violation involving the
296possession of 25 or more individual specimens of marine life
297species, or any combination of violations in any 3-year period
298involving more than 70 such specimens in the aggregate, the
299suspension or revocation of the licenseholder's marine life
300endorsement as provided in paragraph (h).
301
302The penalty provisions of this subsection apply to commercial
303harvesters and wholesale and retail dealers as defined in s.
304370.07. Any other person who commits a major violation under
305this subsection commits a Level Three violation under s. 372.83.
306Notwithstanding the provisions of s. 948.01, no court may
307suspend, defer, or withhold adjudication of guilt or imposition
308of sentence for any major violation prescribed in this
309subsection. The proceeds from the penalties assessed pursuant to
310this subsection shall be deposited into the Marine Resources
311Conservation Trust Fund to be used for marine fisheries research
312or into the commission's Federal Law Enforcement Trust Fund as
313provided 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
317and products.--
318     (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All property
319forfeited under this section may be destroyed, used by the
320commission, disposed of by gift to charitable or state
321institutions, or sold, with the proceeds derived from the sale
322deposited into the Marine Resources Conservation Trust Fund to
323be used for law enforcement purposes, or into the commission's
324Federal Law Enforcement Trust Fund as provided in s. 372.107, as
325applicable.
326     (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
327PRODUCTS; PROCEDURE.--
328     (c)  In the event of acquittal, the proceeds of a sale or
329the bond or cash deposit required by this subsection shall be
330returned to the defendant. In the event of a conviction, the
331proceeds of a sale or the bond or cash deposit required by this
332subsection shall be deposited into the Marine Resources
333Conservation Trust Fund to be used for law enforcement purposes
334or into the commission's Federal Law Enforcement Trust Fund as
335provided in s. 372.107, as applicable. Such deposit into the
336Marine Resources Conservation Trust Fund or the Federal Law
337Enforcement Trust Fund shall constitute confiscation.
338     Section 8.  Subsection (5) of section 372.9901, Florida
339Statutes, is amended to read:
340     372.9901  Seizure of illegal hunting devices; disposition;
341notice; forfeiture.--In order to protect the state's wildlife
342resources, any vehicle, vessel, animal, gun, light, or other
343hunting device used or attempted to be used in connection with,
344as an instrumentality of, or in aiding and abetting in the
345commission of an offense prohibited by s. 372.99 is subject to
346seizure and forfeiture. The provisions of chapter 932 do not
347apply to any seizure or forfeiture under this section. For
348purposes of this section, a conviction is any disposition other
349than acquittal or dismissal.
350     (5)  All amounts received from the sale or other
351disposition of the property shall be paid into the State Game
352Trust Fund or into the commission's Federal Law Enforcement
353Trust Fund as provided in s. 372.107, as applicable. If the
354property is not sold or converted, it shall be delivered to the
355executive director of the commission.
356     Section 9.  Subsection (3) of section 372.9904, Florida
357Statutes, is amended to read:
358     372.9904  Seizure of illegal transportation devices;
359disposition; appraisal; forfeiture.--
360     (3)  Upon conviction of the violator, the property, if
361owned by the person convicted, shall be forfeited to the state
362under the procedure set forth in ss. 370.061 and 370.07, when
363not inconsistent with this section. All amounts received from
364the sale or other disposition of the property shall be paid into
365the State Game Trust Fund or into the commission's Federal Law
366Enforcement Trust Fund as provided in s. 372.107, as applicable.
367If the property is not sold or converted, it shall be delivered
368to the director of the Fish and Wildlife Conservation
369Commission.
370     Section 10.  Paragraph (e) of subsection (6) of section
371932.7055, 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
374proceeds shall be deposited into the General Revenue Fund.
375However, if the seizing agency is:
376     (e)  The Fish and Wildlife Conservation Commission, the
377proceeds accrued pursuant to the provisions of the Florida
378Contraband Forfeiture Act shall be deposited into the State Game
379Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904,
380into the Marine Resources Conservation Trust Fund as provided in
381s. 370.061, or into the commission's Federal Law Enforcement
382Trust Fund as provided in s. 372.107, as applicable.
383     Section 11.  This act shall take effect October 1, 2008.


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