Florida Senate - 2014                                     SB 194
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00176-14                                            2014194__
    1                        A bill to be entitled                      
    2         An act relating to crustaceans; amending s. 379.407,
    3         F.S.; providing that certain violations relating to
    4         spiny lobsters and stone crabs are separate and
    5         distinct offenses; conforming cross-references;
    6         amending s. 379.2431, F.S.; conforming a cross
    7         reference; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsections (1) and (2) and paragraph (d) of
   12  subsection (3) of section 379.407, Florida Statutes, are amended
   13  to read:
   14         379.407 Administration; rules, publications, records;
   15  penalties; injunctions.—
   16         (1) BASE PENALTIES.—Unless otherwise provided by law:,
   17         (a) A violation any person, firm, or corporation who
   18  violates any provision of this chapter, or the rules any rule of
   19  the Fish and Wildlife Conservation commission relating to the
   20  conservation of marine resources is punishable, shall be
   21  punished:
   22         1.(a) Upon a first conviction, by imprisonment for a period
   23  of not more than 60 days or by a fine of not less than $100 or
   24  nor more than $500, or by both such fine and imprisonment.
   25         2.(b)Upon On a second or subsequent conviction within 12
   26  months, by imprisonment for not more than 6 months or by a fine
   27  of not less than $250 or nor more than $1,000, or by both such
   28  fine and imprisonment.
   29         (b) Each spiny lobster or stone crab taken in violation of
   30  this chapter or the rules of the commission constitutes a
   31  separate and distinct violation.
   32  
   33  Upon final disposition of an any alleged offense for which a
   34  citation for a any violation of this chapter or the rules of the
   35  commission has been issued, the court shall, within 10 days,
   36  certify the disposition to the commission.
   37         (2) MAJOR VIOLATIONS.—In addition to the penalties provided
   38  in subsection (1) paragraphs (1)(a) and (b), the court shall
   39  assess additional penalties against any commercial harvester
   40  convicted of major violations as follows:
   41         (a) For a violation involving more than 100 illegal blue
   42  crabs, spiny lobster, or stone crabs, an additional penalty of
   43  $10 for each illegal blue crab, spiny lobster, stone crab, or
   44  part thereof.
   45         (b)1. For a violation involving the taking or harvesting of
   46  shrimp from a nursery or other prohibited area, or any two
   47  violations within a 12-month period involving shrimping gear,
   48  minimum size (count), or season, an additional penalty of $10
   49  for each pound of illegal shrimp or part thereof.
   50         2. A violation For violations involving the taking of food
   51  shrimp in certain closed areas:
   52         a. A Any person with a saltwater products license issued by
   53  the commission who is convicted of taking food shrimp in Santa
   54  Rosa Sound in violation of commission rule designating a closed
   55  area shall have that license and the saltwater products license
   56  of the boat involved in the violation revoked and shall be
   57  ineligible to make application for such a license for a period
   58  of 2 years from the date of such conviction. If a person who
   59  does not have a saltwater products license is convicted
   60  hereunder, that person and the boat involved in the violation is
   61  shall not be eligible for such a license for 5 years.
   62         b. A third or subsequent violation by a any person of the
   63  designated closure to food shrimping in Santa Rosa Sound within
   64  a 3-year period is a felony of the third degree, punishable as
   65  provided in s. 775.082, s. 775.083, or s. 775.084.
   66         c. A second or any subsequent violation by a any person for
   67  taking food shrimp in a food shrimp production closed area in a
   68  portion of Monroe County designated by the commission is a
   69  felony of the third degree, punishable as provided in s. 775.082
   70  or s. 775.083.
   71         d. A third or any subsequent violation by the owner or
   72  master of any vessel engaged in food shrimp production in the
   73  Tortugas Shrimp Beds closed area designated by the commission
   74  within a 3-year period is a felony of the third degree,
   75  punishable as provided in s. 775.082 or s. 775.083.
   76         e. This subparagraph does not apply to persons shrimping
   77  for live bait shrimp in the designated closed area when such
   78  persons are shrimping with a live bait shrimping license issued
   79  by the commission.
   80         3. The owner or master of any vessel not equipped with live
   81  shrimp bait tanks dragging shrimp nets in the Tortugas Shrimp
   82  Beds without a live bait shrimping license for this area is
   83  subject to the base penalties in subsection (1) for a first or
   84  second violation. A third or subsequent violation by any person
   85  under this subparagraph within a 3-year period is a felony of
   86  the third degree, punishable as provided in s. 775.082 or s.
   87  775.083.
   88         (c) For a violation involving the taking or harvesting of
   89  oysters from nonapproved areas or the taking or possession of
   90  unculled oysters, an additional penalty of $10 for each bushel
   91  of illegal oysters.
   92         (d) For a violation involving the taking or harvesting of
   93  clams from nonapproved areas, an additional penalty of $100 for
   94  each 500 count bag of illegal clams.
   95         (e) For a violation involving the taking, harvesting, or
   96  possession of any of the following species, which are
   97  endangered, threatened, or of special concern:
   98         1. Shortnose sturgeon (Acipenser brevirostrum);
   99         2. Atlantic sturgeon (Acipenser oxyrhynchus);
  100         3. Common snook (Centropomus undecimalis);
  101         4. Atlantic loggerhead turtle (Caretta caretta caretta);
  102         5. Atlantic green turtle (Chelonia mydas mydas);
  103         6. Leatherback turtle (Dermochelys coriacea);
  104         7. Atlantic hawksbill turtle (Eretmochelys imbricata
  105  imbracata);
  106         8. Atlantic ridley turtle (Lepidochelys kempi); or
  107         9. West Indian manatee (Trichechus manatus latirostris),
  108  
  109  an additional penalty of $100 for each unit of marine life or
  110  part thereof.
  111         (f) For a second or subsequent conviction within 24 months
  112  for any violation of the same law or rule involving the taking
  113  or harvesting of more than 100 pounds of any finfish, an
  114  additional penalty of $5 for each pound of illegal finfish.
  115         (g) For a any violation involving the taking, harvesting,
  116  or possession of more than 1,000 pounds of any illegal finfish,
  117  an additional penalty equivalent to the wholesale value of the
  118  illegal finfish.
  119         (h) A permit Permits issued to any commercial harvester by
  120  the commission to take or harvest saltwater products, or a any
  121  license issued pursuant to s. 379.361 or s. 379.362 may be
  122  suspended or revoked by the commission, pursuant to the
  123  provisions and procedures of s. 120.60, for any major violation
  124  prescribed in this subsection:
  125         1. Upon a first conviction, for up to 30 calendar days.
  126         2. Upon a second conviction which occurs within 12 months
  127  after a prior violation, for up to 90 calendar days.
  128         3. Upon a third conviction which occurs within 24 months
  129  after a prior conviction, for up to 180 calendar days.
  130         4. Upon a fourth conviction which occurs within 36 months
  131  after a prior conviction, for a period of 6 months to 3 years.
  132         (i) Upon the arrest and conviction for a major violation
  133  involving stone crabs, the licenseholder must show just cause
  134  why his or her license should not be suspended or revoked. For
  135  the purposes of this paragraph, a “major violation” means a
  136  major violation as prescribed for illegal stone crabs; any
  137  single violation involving possession of more than 25 stone
  138  crabs during the closed season or possession of 25 or more
  139  whole-bodied or egg-bearing stone crabs; any violation for trap
  140  molestation, trap robbing, or pulling traps at night; or any
  141  combination of violations in any 3-consecutive-year period
  142  wherein more than 75 illegal stone crabs in the aggregate are
  143  involved.
  144         (j) Upon the arrest and conviction for a major violation
  145  involving spiny lobster, the licenseholder must show just cause
  146  why his or her license should not be suspended or revoked. For
  147  the purposes of this paragraph, a “major violation” means a
  148  major violation as prescribed for illegal spiny lobster; any
  149  single violation involving possession of more than 25 spiny
  150  lobster during the closed season or possession of more than 25
  151  wrung spiny lobster tails or more than 25 egg-bearing or
  152  stripped spiny lobster; any violation for trap molestation, trap
  153  robbing, or pulling traps at night; or any combination of
  154  violations in any 3-consecutive-year period wherein more than 75
  155  illegal spiny lobster in the aggregate are involved.
  156         (k) Upon the arrest and conviction for a major violation
  157  involving blue crabs, the licenseholder shall show just cause
  158  why his or her saltwater products license should not be
  159  suspended or revoked. This paragraph shall not apply to an
  160  individual fishing with no more than five traps. For the
  161  purposes of this paragraph, a “major violation” means a major
  162  violation as prescribed for illegal blue crabs, any single
  163  violation wherein 50 or more illegal blue crabs are involved;
  164  any violation for trap molestation, trap robbing, or pulling
  165  traps at night; or any combination of violations in any 3
  166  consecutive-year period wherein more than 100 illegal blue crabs
  167  in the aggregate are involved.
  168         (l) Upon the conviction for a major violation involving
  169  finfish, the licenseholder must show just cause why his or her
  170  saltwater products license should not be suspended or revoked.
  171  For the purposes of this paragraph, a major violation is
  172  prescribed for the taking and harvesting of illegal finfish, any
  173  single violation involving the possession of more than 100
  174  pounds of illegal finfish, or any combination of violations in
  175  any 3-consecutive-year period wherein more than 200 pounds of
  176  illegal finfish in the aggregate are involved.
  177         (m) For a violation involving the taking or harvesting of
  178  any marine life species, as those species are defined by rule of
  179  the commission, the harvest of which is prohibited, or the
  180  taking or harvesting of such a species out of season, or with an
  181  illegal gear or chemical, or any violation involving the
  182  possession of 25 or more individual specimens of marine life
  183  species, or any combination of violations in any 3-year period
  184  involving more than 70 such specimens in the aggregate, the
  185  suspension or revocation of the licenseholder’s marine life
  186  endorsement as provided in paragraph (h).
  187  
  188  The penalty provisions of this subsection apply to commercial
  189  harvesters and wholesale and retail dealers as defined in s.
  190  379.362. Any other person who commits a major violation under
  191  this subsection commits a Level Three violation under s.
  192  379.401. Notwithstanding the provisions of s. 948.01, no court
  193  may suspend, defer, or withhold adjudication of guilt or
  194  imposition of sentence for any major violation prescribed in
  195  this subsection. The proceeds from the penalties assessed
  196  pursuant to this subsection shall be deposited into the Marine
  197  Resources Conservation Trust Fund to be used for marine
  198  fisheries research.
  199         (3) PENALTIES FOR USE OF ILLEGAL NETS.—
  200         (d) Upon reinstatement of saltwater license privileges
  201  suspended pursuant to a violation of this subsection, a licensee
  202  owning or operating a vessel containing or otherwise
  203  transporting in or on Florida waters any gill net or other
  204  entangling net, or containing or otherwise transporting in
  205  nearshore and inshore Florida waters any net containing more
  206  than 500 square feet of mesh area shall remain restricted for a
  207  period of 12 months following reinstatement, to operating under
  208  the following conditions:
  209         1. Vessels subject to this reinstatement period shall be
  210  restricted to the corridors established by commission rule.
  211         2. A violation of the reinstatement period provisions shall
  212  be punishable pursuant to subsection (1) paragraphs (1)(a) and
  213  (b).
  214         Section 2. Paragraph (s) of subsection (2) of section
  215  379.2431, Florida Statutes, is amended to read:
  216         379.2431 Marine animals; regulation.—
  217         (2) PROTECTION OF MANATEES OR SEA COWS.—
  218         (s) Except as otherwise provided in this paragraph, a any
  219  person violating the provisions of this subsection or a any rule
  220  or ordinance adopted pursuant to this subsection commits a
  221  misdemeanor, punishable as provided in s. 379.407(1)(a) or (b).
  222         1. A Any person operating a vessel in excess of a posted
  223  speed limit commits shall be guilty of a civil infraction,
  224  punishable as provided in s. 327.73, except as provided in
  225  subparagraph 2.
  226         2. This paragraph does not apply to a person persons
  227  violating restrictions governing “No Entry” zones or “Motorboat
  228  Prohibited” zones, who, if convicted, commits shall be guilty of
  229  a misdemeanor, punishable as provided in s. 379.407(1)(a) or
  230  (b), or, if such violation demonstrates blatant or willful
  231  action, may be found guilty of harassment as described in
  232  paragraph (d).
  233         3. A person may engage in an any activity otherwise
  234  prohibited by this subsection or a any rule or ordinance adopted
  235  pursuant to this subsection if the activity is reasonably
  236  necessary in order to prevent the loss of human life or a vessel
  237  in distress due to weather conditions or other reasonably
  238  unforeseen circumstances, or in order to render emergency
  239  assistance to a person persons or a vessel in distress.
  240         Section 3. This act shall take effect July 1, 2014.