Florida Senate - 2014                              CS for SB 194
       
       
        
       By the Committee on Agriculture; and Senator Latvala
       
       
       
       
       
       575-01048-14                                           2014194c1
    1                        A bill to be entitled                      
    2         An act relating to spiny lobster; amending s. 379.407,
    3         F.S.; providing penalties for certain violations
    4         relating to possession of spiny lobster; amending s.
    5         379.401, F.S.; conforming a cross-reference; providing
    6         an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsections (5) through (8) of section 379.407,
   11  Florida Statutes, are renumbered as subsections (6) through (9),
   12  respectively, and a new subsection (5) is added to that section,
   13  to read:
   14         379.407 Administration; rules, publications, records;
   15  penalties; injunctions.—
   16         (5) PENALTIES FOR POSSESSION OF SPINY LOBSTER; CLOSED
   17  SEASON AND WRUNG TAILS.—It is a major violation under this
   18  section for any person, firm, or corporation to be in possession
   19  of spiny lobster during the closed season or, while on the
   20  water, to be in possession of spiny lobster tails that have been
   21  wrung or separated from the body, unless such possession is
   22  allowed by commission rule. Any person, firm, or corporation
   23  that violates this subsection is subject to penalties as
   24  follows:
   25         (a) A first violation is a misdemeanor of the second
   26  degree, punishable as provided in s. 775.082 or s. 775.083. If
   27  the violation involves 25 or more lobster, the violation is a
   28  misdemeanor of the first degree, punishable as provided in s.
   29  775.082 or s. 775.083.
   30         (b) A second violation is a misdemeanor of the first
   31  degree, punishable as provided in s. 775.082 or s. 775.083, and
   32  such person is subject to a suspension of all license privileges
   33  under this chapter for a period not to exceed 90 days.
   34         (c) A third violation is a misdemeanor of the first degree,
   35  punishable as provided in s. 775.082 or s. 775.083, with a
   36  mandatory minimum term of imprisonment of 6 months, and such
   37  person may be assessed a civil penalty of up to $2,500 and is
   38  subject to a suspension of all license privileges under this
   39  chapter for a period not to exceed 6 months.
   40         (d) A third violation within 1 year after a second
   41  violation is a felony of the third degree, punishable as
   42  provided in s. 775.082 or s. 775.083, with a mandatory minimum
   43  term of imprisonment of 1 year, and such person shall be
   44  assessed a civil penalty of $5,000 and all license privileges
   45  under this chapter shall be permanently revoked.
   46         (e) A fourth or subsequent violation is a felony of the
   47  third degree, punishable as provided in s. 775.082 or s.
   48  775.083, with a mandatory minimum term of imprisonment of 1
   49  year, and such person shall be assessed a civil penalty of
   50  $5,000 and all license privileges under this chapter shall be
   51  permanently revoked.
   52         Section 2. Paragraph (a) of subsection (2) of section
   53  379.401, Florida Statutes, is amended to read:
   54         379.401 Penalties and violations; civil penalties for
   55  noncriminal infractions; criminal penalties; suspension and
   56  forfeiture of licenses and permits.—
   57         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
   58  violation if he or she violates any of the following provisions:
   59         1. Rules or orders of the commission relating to seasons or
   60  time periods for the taking of wildlife, freshwater fish, or
   61  saltwater fish.
   62         2. Rules or orders of the commission establishing bag,
   63  possession, or size limits or restricting methods of taking
   64  wildlife, freshwater fish, or saltwater fish.
   65         3. Rules or orders of the commission prohibiting access or
   66  otherwise relating to access to wildlife management areas or
   67  other areas managed by the commission.
   68         4. Rules or orders of the commission relating to the
   69  feeding of wildlife, freshwater fish, or saltwater fish.
   70         5. Rules or orders of the commission relating to landing
   71  requirements for freshwater fish or saltwater fish.
   72         6. Rules or orders of the commission relating to restricted
   73  hunting areas, critical wildlife areas, or bird sanctuaries.
   74         7. Rules or orders of the commission relating to tagging
   75  requirements for wildlife and fur-bearing animals.
   76         8. Rules or orders of the commission relating to the use of
   77  dogs for the taking of wildlife.
   78         9. Rules or orders of the commission which are not
   79  otherwise classified.
   80         10. Rules or orders of the commission prohibiting the
   81  unlawful use of finfish traps.
   82         11. All prohibitions in this chapter which are not
   83  otherwise classified.
   84         12. Section 379.33, prohibiting the violation of or
   85  noncompliance with commission rules.
   86         13. Section 379.407(7) 379.407(6), prohibiting the sale,
   87  purchase, harvest, or attempted harvest of any saltwater product
   88  with intent to sell.
   89         14. Section 379.2421, prohibiting the obstruction of
   90  waterways with net gear.
   91         15. Section 379.413, prohibiting the unlawful taking of
   92  bonefish.
   93         16. Section 379.365(2)(a) and (b), prohibiting the
   94  possession or use of stone crab traps without trap tags and
   95  theft of trap contents or gear.
   96         17. Section 379.366(4)(b), prohibiting the theft of blue
   97  crab trap contents or trap gear.
   98         18. Section 379.3671(2)(c), prohibiting the possession or
   99  use of spiny lobster traps without trap tags or certificates and
  100  theft of trap contents or trap gear.
  101         19. Section 379.357, prohibiting the possession of tarpon
  102  without purchasing a tarpon tag.
  103         20. Rules or orders of the commission prohibiting the
  104  feeding or enticement of alligators or crocodiles.
  105         21. Section 379.105, prohibiting the intentional harassment
  106  of hunters, fishers, or trappers.
  107         Section 3. This act shall take effect July 1, 2014.