Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1282
       
       
       
       
       
                               Ì389224-Î389224                          
       
       576-03420-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending s. 379.2223, F.S.; revising
    4         penalties for violations of commission rules relating
    5         to control and management of state game lands;
    6         amending s. 379.2257, F.S.; revising penalties for
    7         violations of commission rules relating to cooperative
    8         agreements with the United States Forest Service;
    9         amending s. 379.2425, F.S.; authorizing exceptions to
   10         the prohibition on spearfishing; specifying penalties
   11         for violating the prohibition; amending s. 379.2431,
   12         F.S.; prohibiting certain possession of any marine
   13         turtle species or hatchling or parts thereof;
   14         providing penalties; amending s. 379.29, F.S.;
   15         revising penalties related to the contamination of
   16         fresh waters; amending s. 379.295, F.S.; specifying
   17         penalties associated with the prohibition on the use
   18         of explosives and other substances injurious to fish;
   19         amending s. 379.33, F.S.; deleting penalty provisions
   20         associated with the general enforcement of commission
   21         rules; amending s. 379.3502, F.S.; deleting a
   22         provision regarding the alteration of licenses or
   23         permits; specifying penalties for the unlawful
   24         transfer of a license or permit; amending s. 379.3503,
   25         F.S.; specifying penalties for swearing or affirming a
   26         false statement in an application for a license or
   27         permit; amending s. 379.3504, F.S.; specifying
   28         penalties for entering false information on an
   29         application for a license or permit; amending s.
   30         379.3511, F.S.; revising penalties for violations
   31         related to subagent sales of hunting, fishing, and
   32         trapping licenses and permits; amending s. 379.354,
   33         F.S.; specifying penalties for violations related to
   34         recreational licenses, permits, and authorization
   35         numbers; amending s. 379.357, F.S.; providing that the
   36         purchase of a tarpon tag does not accord the purchaser
   37         with certain rights; revising penalties related to the
   38         tarpon license program; amending s. 379.359, F.S.;
   39         authorizing, rather than requiring, the commission to
   40         retain a portion of voluntary contributions for
   41         Southeastern Guide Dogs, Inc.; amending s. 379.363,
   42         F.S.; specifying penalties for violations related to
   43         freshwater fish dealer licenses; amending s. 379.364,
   44         F.S.; specifying penalties for violations related to
   45         the licensure of fur and hide dealers; amending s.
   46         379.365, F.S.; revising penalties for violations
   47         related to stone crabs; amending s. 379.3751, F.S.;
   48         specifying penalties for violations related to the
   49         taking and possession of alligators; amending s.
   50         379.3752, F.S.; specifying penalties for violations of
   51         requirements related to tagging of alligators and
   52         alligator hides; amending s. 379.401, F.S.; revising
   53         the penalties associated with the violation of
   54         commission rules related to the filing of
   55         documentation; specifying penalties for the violation
   56         of commission rules or orders related to the return of
   57         unused Convention on the International Trade on
   58         Endangered Species (CITES) tags; authorizing
   59         imposition of a modified penalty for a specified
   60         offense if certain conditions are met; specifying that
   61         persons who commit certain Level One violations may be
   62         required to provide proof of a license or permit to
   63         satisfy a citation; providing that violations of
   64         commission rules or orders regarding all traps are
   65         Level Two violations unless otherwise specified;
   66         providing that violations of rules or orders of the
   67         commission relating certain alligator-related programs
   68         are Level Two violations; providing that certain
   69         specified unclassified violations are Level Two
   70         violations; revising the levels to which specified
   71         violations are assigned; revising penalty provisions
   72         for Level Four violations; specifying penalties for
   73         certain violations while engaged in trespass;
   74         specifying that certain fines collected for trespass
   75         violations be deposited in the State Game Trust Fund;
   76         repealing s. 379.403, F.S., relating to the illegal
   77         killing, taking, possessing, or selling of wildlife or
   78         game and related fines; amending s. 379.409, F.S.;
   79         revising penalties for the illegal killing,
   80         possessing, or capturing of alligators or other
   81         crocodilia or crocodilian eggs; amending s. 379.411,
   82         F.S.; revising penalties for the unlawful intentional
   83         killing or wounding of any species designated as
   84         endangered, threatened, or of special concern;
   85         amending s. 379.4115, F.S.; revising penalties for the
   86         killing of Florida or wild panthers; providing an
   87         effective date.
   88          
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Subsection (2) of section 379.2223, Florida
   92  Statutes, is amended to read:
   93         379.2223 Control and management of state game lands.—
   94         (2) Any person violating or otherwise failing to comply
   95  with any rule or regulation so adopted is subject to penalties
   96  as provided in s. 379.401 commits a misdemeanor of the second
   97  degree, punishable as provided in s. 775.082 or s. 775.083.
   98         Section 2. Subsection (3) of section 379.2257, Florida
   99  Statutes, is amended to read:
  100         379.2257 Cooperative agreements with United States U.S.
  101  Forest Service; penalty.—The Fish and Wildlife Conservation
  102  Commission is authorized and empowered:
  103         (3) In addition to the requirements of chapter 120, notice
  104  of the making, adoption, and promulgation of the above rules and
  105  regulations shall be given by posting said notices, or copies of
  106  the rules and regulations, in the offices of the county judges
  107  and in the post offices within the area to be affected and
  108  within 10 miles thereof. In addition to the posting of said
  109  notices, as aforesaid, copies of said notices or of said rules
  110  and regulations shall also be published in newspapers published
  111  at the county seats of Baker, Columbia, Marion, Lake, Putnam,
  112  and Liberty Counties, or so many thereof as have newspapers,
  113  once not more than 35 nor less than 28 days and once not more
  114  than 21 nor less than 14 days prior to the opening of the state
  115  hunting season in said areas. Any person violating any rules or
  116  regulations promulgated by the commission to cover these areas
  117  under cooperative agreements between the Fish and Wildlife
  118  Conservation Commission and the United States Forest Service is
  119  subject to penalties as provided in s. 379.401, none of which
  120  shall be in conflict with the laws of Florida, shall be guilty
  121  of a misdemeanor of the second degree, punishable as provided in
  122  s. 775.082 or s. 775.083.
  123         Section 3. Paragraph (a) of subsection (2) of section
  124  379.2425, Florida Statutes, is amended, and subsection (4) is
  125  added to that section, to read:
  126         379.2425 Spearfishing; definition; limitations; penalty.—
  127         (2)(a) Except as otherwise provided by commission rule or
  128  order, spearfishing is prohibited within the boundaries of the
  129  John Pennekamp Coral Reef State Park, the waters of Collier
  130  County, and the area in Monroe County known as Upper Keys, which
  131  includes all salt waters under the jurisdiction of the Fish and
  132  Wildlife Conservation Commission beginning at the county line
  133  between Miami-Dade and Monroe Counties and running south,
  134  including all of the keys down to and including Long Key.
  135         (4) A person who violates this section commits a Level Two
  136  violation under s. 379.401.
  137         Section 4. Paragraphs (d) and (e) of subsection (1) of
  138  section 379.2431, Florida Statutes, are amended to read:
  139         379.2431 Marine animals; regulation.—
  140         (1) PROTECTION OF MARINE TURTLES.—
  141         (d) Except as authorized in this paragraph, or unless
  142  otherwise provided by the Federal Endangered Species Act or its
  143  implementing regulations, a person, firm, or corporation may
  144  not:
  145         1.Knowingly possess the eggs of any marine turtle species
  146  described in this subsection.
  147         2. knowingly possess, take, disturb, mutilate, destroy,
  148  cause to be destroyed, transfer, sell, offer to sell, molest, or
  149  harass any marine turtle species or hatchling, or parts thereof,
  150  turtles or the eggs or nest of any marine turtle species turtles
  151  described in this subsection. The commission may:
  152         1.3.The commission may Issue a special permit or loan
  153  agreement to a any person, firm, or corporation, to enable the
  154  holder to possess a marine turtle species or hatchling, or parts
  155  thereof, including nests or, eggs, or hatchlings, for
  156  scientific, education, or exhibition purposes, or for
  157  conservation activities such as the relocation of nests, eggs,
  158  or marine turtles or hatchlings away from construction sites.
  159  Notwithstanding other provisions of law, the commission may
  160  issue such special permit or loan agreement to a any properly
  161  accredited person as defined in paragraph (c) for the purposes
  162  of marine turtle conservation.
  163         2.4.The commission shall have the authority to Adopt rules
  164  pursuant to chapter 120 to prescribe terms, conditions, and
  165  restrictions for marine turtle conservation, and to permit the
  166  possession of marine turtle species or hatchlings, turtles or
  167  parts thereof, including nests or eggs.
  168         (e)1. A Any person, firm, or corporation that commits any
  169  act prohibited in paragraph (d) involving any egg of any marine
  170  turtle species described in this subsection shall pay a penalty
  171  of $100 per egg in addition to other penalties provided in this
  172  paragraph.
  173         2. A Any person, firm, or corporation that illegally
  174  possesses 11 or fewer of any eggs of any marine turtle species
  175  described in this subsection commits a first degree misdemeanor,
  176  punishable as provided in ss. 775.082 and 775.083.
  177         3. For a second or subsequent violation of subparagraph 2.,
  178  a any person, firm, or corporation that illegally possesses 11
  179  or fewer of any eggs of any marine turtle species described in
  180  this subsection commits a third degree felony, punishable as
  181  provided in s. 775.082, s. 775.083, or s. 775.084.
  182         4. A Any person, firm, or corporation that illegally
  183  possesses more than 11 of any eggs of any marine turtle species
  184  described in this subsection commits a third degree felony,
  185  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  186         5. A Any person, firm, or corporation that illegally takes,
  187  disturbs, mutilates, destroys, causes to be destroyed,
  188  transfers, sells, offers to sell, molests, or harasses any
  189  marine turtle species or hatchling, or parts thereof, or the
  190  eggs or nest of any marine turtle species as described in this
  191  subsection, commits a third degree felony, punishable as
  192  provided in s. 775.082, s. 775.083, or s. 775.084.
  193         6.A person, firm, or corporation that illegally possesses
  194  any marine turtle species or hatchling, or parts thereof, or the
  195  nest of any marine turtle species described in this subsection,
  196  commits a felony of the third degree, punishable as provided in
  197  s. 775.082, s. 775.083, or s. 775.084.
  198         7.6. Notwithstanding s. 777.04, a any person, firm, or
  199  corporation that solicits or conspires with another person,
  200  firm, or corporation, to commit an act prohibited by this
  201  subsection commits a felony of the third degree, punishable as
  202  provided in s. 775.082, s. 775.083, or s. 775.084.
  203         8.7. The proceeds from the penalties assessed pursuant to
  204  this paragraph shall be deposited into the Marine Resources
  205  Conservation Trust Fund.
  206         Section 5. Subsection (2) of section 379.29, Florida
  207  Statutes, is amended to read:
  208         379.29 Contaminating fresh waters.—
  209         (2) A Any person, firm, or corporation violating any of the
  210  provisions of this section commits a Level Two violation under
  211  s. 379.401 shall be guilty of a misdemeanor of the second
  212  degree, punishable as provided in s. 775.082 or s. 775.083 for
  213  the first offense, and for the second or subsequent offense
  214  shall be guilty of a misdemeanor of the first degree, punishable
  215  as provided in s. 775.082 or s. 775.083.
  216         Section 6. Section 379.295, Florida Statutes, is amended to
  217  read:
  218         379.295 Use of explosives and other substances prohibited.
  219  No person may throw or place, or cause to be thrown or placed,
  220  any dynamite, lyddite, gunpowder, cannon cracker, acids,
  221  filtration discharge, debris from mines, Indian berries,
  222  sawdust, green walnuts, walnut leaves, creosote, oil, or other
  223  explosives or deleterious substance or force into the fresh
  224  waters of this state whereby fish therein are or may be injured.
  225  Nothing in this section may be construed as preventing the
  226  release of water slightly discolored by mining operations or
  227  water escaping from such operations as the result of
  228  providential causes. A person who violates this section commits
  229  a Level Two violation under s. 379.401.
  230         Section 7. Section 379.33, Florida Statutes, is amended to
  231  read:
  232         379.33 Enforcement of commission rules; penalties for
  233  violation of rule.—Rules of the Fish and Wildlife Conservation
  234  Commission shall be enforced by any law enforcement officer
  235  certified pursuant to s. 943.13. Except as provided under s.
  236  379.401, any person who violates or otherwise fails to comply
  237  with any rule adopted by the commission shall be punished
  238  pursuant to s. 379.407(1).
  239         Section 8. Section 379.3502, Florida Statutes, is amended
  240  to read:
  241         379.3502 License and permit not transferable.—A person may
  242  not alter or change in any manner, or loan or transfer to
  243  another, unless otherwise provided, any license or permit issued
  244  pursuant to the provisions of this chapter, and such license or
  245  permit may be used only by nor may any other person, other than
  246  the person to whom it is issued. A person who violates this
  247  section commits a Level Two violation under s. 379.401, use the
  248  same.
  249         Section 9. Section 379.3503, Florida Statutes, is amended
  250  to read:
  251         379.3503 False statement in application for license or
  252  permit.—A Any person who swears or affirms to any false
  253  statement in any application for license or permit provided by
  254  this chapter commits a Level Two violation under s. 379.401, is
  255  guilty of violating this chapter, and shall be subject to the
  256  penalty provided in s. 379.401, and any false statement
  257  contained in any application for such license or permit renders
  258  the license or permit void.
  259         Section 10. Section 379.3504, Florida Statutes, is amended
  260  to read:
  261         379.3504 Entering false information on licenses or
  262  permits.—Whoever knowingly and willfully enters false
  263  information on, or allows or causes false information to be
  264  entered on or shown upon, any license or permit issued under the
  265  provisions of this chapter in order to avoid prosecution, or to
  266  assist another in avoiding to avoid prosecution, or for any
  267  other wrongful purpose commits a Level Two violation under s.
  268  379.401 shall be punished as provided in s. 379.401.
  269         Section 11.  Paragraphs (d), (e), and (f) of subsection (1)
  270  of section 379.3511, Florida Statutes, are amended, and a new
  271  subsection (4) is added to that section, to read:
  272         379.3511 Appointment of subagents for the sale of hunting,
  273  fishing, and trapping licenses and permits.—
  274         (1) Subagents shall serve at the pleasure of the
  275  commission. The commission may establish, by rule, procedures
  276  for the selection and appointment of subagents. The following
  277  are requirements for subagents so appointed:
  278         (d) Any person who willfully violates any of the provisions
  279  of this section commits a misdemeanor of the second degree,
  280  punishable as provided in s. 775.082 or s. 775.083.
  281         (d)(e) A subagent may charge and receive as his or her
  282  compensation 50 cents for each license or permit sold. This
  283  charge is in addition to the sum required by law to be collected
  284  for the sale and issuance of each license or permit. This charge
  285  does not apply to the shoreline fishing license; however, for
  286  each shoreline fishing license issued, the subagent may retain
  287  50 cents from other license proceeds otherwise due the
  288  commission.
  289         (e)(f) A subagent shall submit payment for and report the
  290  sale of licenses and permits to the commission as prescribed by
  291  the commission.
  292         (4) A person who willfully violates this section commits a
  293  Level Two violation under s. 379.401.
  294         Section 12. Subsection (18) is added to section 379.354,
  295  Florida Statutes, to read:
  296         379.354 Recreational licenses, permits, and authorization
  297  numbers; fees established.—
  298         (18)PENALTY.—Unless otherwise provided, a person who
  299  violates this section commits a Level One violation under s.
  300  379.401.
  301         Section 13. Subsections (3) through (7) of section 379.357,
  302  Florida Statutes, are amended to read:
  303         379.357 Fish and Wildlife Conservation Commission license
  304  program for tarpon; fees; penalties.—
  305         (3) An individual may not take, kill, or possess any fish
  306  of the species Megalops atlanticus, commonly known as tarpon,
  307  unless the individual has purchased a tarpon tag and securely
  308  attached it through the lower jaw of the fish.
  309         (4) Any individual including a taxidermist who possesses a
  310  tarpon which does not have a tag securely attached as required
  311  by this section commits a Level Two violation under s. 379.401.
  312  Provided, however, A taxidermist may remove the tag during the
  313  process of mounting a tarpon, but the tag must. The removed tag
  314  shall remain with the fish during any subsequent storage or
  315  shipment. Purchase of a tarpon tag does not give the purchaser
  316  any right to harvest or possess tarpon in contravention of
  317  commission rule. A person who violates this subsection commits a
  318  Level Two violation under s. 379.401.
  319         (4)(5)An Purchase of a tarpon tag shall not accord the
  320  purchaser any right to harvest or possess tarpon in
  321  contravention of rules adopted by the commission. No individual
  322  may not sell, offer for sale, barter, exchange for merchandise,
  323  transport for sale, either within or without the state, offer to
  324  purchase, or purchase any species of fish known as tarpon. A
  325  person who violates this subsection commits a Level Three
  326  violation under s. 379.401.
  327         (5)(6) The commission shall prescribe and provide suitable
  328  forms and tags necessary to administer carry out the provisions
  329  of this section.
  330         (6)(7)The provisions of This section does shall not apply
  331  to a person anyone who immediately returns a tarpon, uninjured,
  332  to the water at the place where the fish was caught.
  333         Section 14. Section 379.359, Florida Statutes, is amended
  334  to read:
  335         379.359 License application provision for voluntary
  336  contribution to Southeastern Guide Dogs, Inc.—The application
  337  for any license for recreational activities issued under this
  338  part must include a check-off provision that permits the
  339  applicant for licensure to make a voluntary contribution of $2.
  340  The Fish and Wildlife Conservation Commission may shall retain
  341  up to 90 cents from each contribution to cover administrative
  342  costs. The remainder shall be distributed quarterly by the Fish
  343  and Wildlife Conservation Commission to Southeastern Guide Dogs,
  344  Inc., located in Palmetto. Southeastern Guide Dogs, Inc., shall
  345  use the contributions to breed, raise, and train guide dogs for
  346  the blind, specifically for the “Paws for Patriots” program,
  347  including in-residence training for veterans who are provided
  348  guide dogs by Southeastern Guide Dogs, Inc.
  349         Section 15. Subsection (4) is added to section 379.363,
  350  Florida Statutes, to read:
  351         379.363 Freshwater fish dealer’s license.—
  352         (4)A person who violates this section commits a Level Two
  353  violation under s. 379.401.
  354         Section 16. Subsection (5) is added to section 379.364,
  355  Florida Statutes, to read:
  356         379.364 License required for fur and hide dealers.—
  357         (5) A person who violates this section commits a Level Two
  358  violation under s. 379.401.
  359         Section 17. Paragraph (a) of subsection (2) of section
  360  379.365, Florida Statutes, is amended to read:
  361         379.365 Stone crab; regulation.—
  362         (2) PENALTIES.—For purposes of this subsection, conviction
  363  is any disposition other than acquittal or dismissal, regardless
  364  of whether the violation was adjudicated under any state or
  365  federal law.
  366         (a) It is unlawful to violate commission rules regulating
  367  stone crab trap certificates and trap tags. A No person may not
  368  use an expired tag or a stone crab trap tag not issued by the
  369  commission or possess or use a stone crab trap in or on state
  370  waters or adjacent federal waters without having a trap tag
  371  required by the commission firmly attached to the trap thereto.
  372         1. In addition to any other penalties provided in s.
  373  379.407, the following administrative penalties apply to a for
  374  any commercial harvester who violates this paragraph:, the
  375  following administrative penalties apply.
  376         1.a. For a first violation, the commission shall assess an
  377  administrative penalty of up to $1,000.
  378         2.b. For a second violation that occurs within 24 months of
  379  any previous such violation, the commission shall assess an
  380  administrative penalty of up to $2,000 and the stone crab
  381  endorsement under which the violation was committed may be
  382  suspended for 12 calendar months.
  383         3.c. For a third violation that occurs within 36 months of
  384  any previous two such violations, the commission shall assess an
  385  administrative penalty of up to $5,000 and the stone crab
  386  endorsement under which the violation was committed may be
  387  suspended for 24 calendar months.
  388         4.d. A fourth violation that occurs within 48 months of any
  389  three previous such violations, shall result in permanent
  390  revocation of all of the violator’s saltwater fishing
  391  privileges, including having the commission proceed against the
  392  endorsement holder’s saltwater products license in accordance
  393  with s. 379.407.
  394         2. Any other person who violates the provisions of this
  395  paragraph commits a Level Two violation under s. 379.401.
  396  
  397  Any commercial harvester assessed an administrative penalty
  398  under this paragraph shall, within 30 calendar days after
  399  notification, pay the administrative penalty to the commission,
  400  or request an administrative hearing under ss. 120.569 and
  401  120.57. The proceeds of all administrative penalties collected
  402  under this paragraph shall be deposited in the Marine Resources
  403  Conservation Trust Fund.
  404         Section 18. Subsection (5) is added to section 379.3751,
  405  Florida Statutes, to read:
  406         379.3751 Taking and possession of alligators; trapping
  407  licenses; fees.—
  408         (5) A person who violates this section commits a Level Two
  409  violation under s. 379.401.
  410         Section 19. Subsection (3) is added to section 379.3752,
  411  Florida Statutes, to read:
  412         379.3752 Required tagging of alligators and hides; fees;
  413  revenues.—The tags provided in this section shall be required in
  414  addition to any license required under s. 379.3751.
  415         (3) A person who violates this section commits a Level Two
  416  violation under s. 379.401.
  417         Section 20. Section 379.401, Florida Statutes, is amended
  418  to read:
  419         379.401 Penalties and violations; civil penalties for
  420  noncriminal infractions; criminal penalties; suspension and
  421  forfeiture of licenses and permits.—
  422         (1)(a) LEVEL ONE VIOLATIONS.—A person commits a Level One
  423  violation if he or she violates any of the following provisions:
  424         1. Rules or orders of the commission relating to the filing
  425  of reports or other documents required to be filed by persons
  426  who hold any recreational licenses and permits or any alligator
  427  licenses and permits issued by the commission.
  428         2. Rules or orders of the commission relating to quota hunt
  429  permits, daily use permits, hunting zone assignments, camping,
  430  alcoholic beverages, vehicles, and check stations within
  431  wildlife management areas or other areas managed by the
  432  commission.
  433         3. Rules or orders of the commission relating to daily use
  434  permits, alcoholic beverages, swimming, possession of firearms,
  435  operation of vehicles, and watercraft speed within fish
  436  management areas managed by the commission.
  437         4. Rules or orders of the commission relating to vessel
  438  size or specifying motor restrictions on specified water bodies.
  439         5. Rules or orders of the commission requiring the return
  440  of unused Convention on the International Trade on Endangered
  441  Species (CITES) tags issued under the Statewide Alligator
  442  Harvest Program or the Statewide Nuisance Alligator Program.
  443         7.5. Section 379.354(1)-(15), providing for recreational
  444  licenses to hunt, fish, and trap.
  445         8.6. Section 379.3581, providing hunter safety course
  446  requirements.
  447         6.7. Section 379.3003, prohibiting deer hunting unless
  448  required clothing is worn.
  449         (b) A person who commits a Level One violation commits a
  450  noncriminal infraction and shall be cited to appear before the
  451  county court.
  452         (c)1. The civil penalty for committing a Level One
  453  violation involving the license and permit requirements of s.
  454  379.354 is $50 plus the cost of the license or permit, unless
  455  subparagraph 2. applies. Alternatively, a person who violates
  456  the license and permit requirements of s. 379.354 and who is
  457  subject to the penalties imposed by this subparagraph, except a
  458  person who violates s. 379.354(6), (7), (8)(f), or (8)(h), may
  459  purchase the license or permit and shall provide proof of such
  460  license or permit and pay a civil penalty of $50.
  461         2. The civil penalty for committing a Level One violation
  462  involving the license and permit requirements of s. 379.354 is
  463  $250 $100 plus the cost of the license or permit if the person
  464  cited has previously committed the same Level One violation
  465  within the preceding 36 months. Alternatively, a person who
  466  violates the license and permit requirements of s. 379.354 and
  467  who is subject to the penalties imposed by this subparagraph,
  468  except a person who violates s. 379.354(6), (7), (8)(f), or
  469  (8)(h), may purchase the license or permit and shall provide
  470  proof of such license or permit and pay a civil penalty of $250.
  471         (d)1. The civil penalty for any other Level One violation
  472  is $50 unless subparagraph 2. applies.
  473         2. The civil penalty for any other Level One violation is
  474  $250 $100 if the person cited has previously committed the same
  475  Level One violation within the preceding 36 months.
  476         (e) A person cited for a Level One violation shall sign and
  477  accept a citation to appear before the county court. The issuing
  478  officer may indicate on the citation the time and location of
  479  the scheduled hearing and shall indicate the applicable civil
  480  penalty.
  481         (f) A person cited for a Level One violation may pay the
  482  civil penalty, and, if applicable, provide proof of the license
  483  or permit required under s. 379.354, by mail or in person,
  484  within 30 days after receipt of the citation. If the civil
  485  penalty is paid, the person is shall be deemed to have admitted
  486  committing the Level One violation and to have waived his or her
  487  right to a hearing before the county court. Such admission may
  488  not be used as evidence in any other proceedings except to
  489  determine the appropriate fine for any subsequent violation
  490  violations.
  491         (g) A person who refuses to accept a citation, who fails to
  492  pay the civil penalty for a Level One violation, or who fails to
  493  appear before a county court as required commits a misdemeanor
  494  of the second degree, punishable as provided in s. 775.082 or s.
  495  775.083.
  496         (h) A person who elects to, or is required to, appear
  497  before the county court is or who is required to appear before
  498  the county court shall be deemed to have waived the limitations
  499  on civil penalties provided under paragraphs (c) and (d). After
  500  a hearing, the county court shall determine if a Level One
  501  violation has been committed;, and, if so, may impose a civil
  502  penalty of not less than $50 for a first-time violation, and not
  503  more than $500 for subsequent violations. A person found guilty
  504  of committing a Level One violation may appeal that finding to
  505  the circuit court. The commission of a violation must be proved
  506  beyond a reasonable doubt.
  507         (i) A person cited for violating the requirements of s.
  508  379.354 relating to personal possession of a license or permit
  509  may not be convicted if, prior to or at the time of a county
  510  court hearing, he or she the person produces the required
  511  license or permit for verification by the hearing officer or the
  512  court clerk. The license or permit must have been valid at the
  513  time the person was cited. The clerk or hearing officer may
  514  assess a $10 fee for costs under this paragraph.
  515         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
  516  violation if he or she violates any of the following provisions:
  517         1. Rules or orders of the commission relating to seasons or
  518  time periods for the taking of wildlife, freshwater fish, or
  519  saltwater fish.
  520         2. Rules or orders of the commission establishing bag,
  521  possession, or size limits or restricting methods of taking
  522  wildlife, freshwater fish, or saltwater fish.
  523         3. Rules or orders of the commission prohibiting access or
  524  otherwise relating to access to wildlife management areas or
  525  other areas managed by the commission.
  526         4. Rules or orders of the commission relating to the
  527  feeding of saltwater fish.
  528         5. Rules or orders of the commission relating to landing
  529  requirements for freshwater fish or saltwater fish.
  530         6. Rules or orders of the commission relating to restricted
  531  hunting areas, critical wildlife areas, or bird sanctuaries.
  532         7. Rules or orders of the commission relating to tagging
  533  requirements for wildlife and fur-bearing animals.
  534         8. Rules or orders of the commission relating to the use of
  535  dogs for the taking of wildlife.
  536         9. Rules or orders of the commission which are not
  537  otherwise classified.
  538         10. Rules or orders of the commission prohibiting the
  539  unlawful use of finfish traps, unless otherwise provided by law.
  540         11. Rules or orders of the commission which require the
  541  maintenance of records relating to alligators.
  542         12. Rules or orders of the commission requiring the return
  543  of unused CITES tags issued under an alligator management
  544  program other than the Statewide Alligator Harvest Program or
  545  Statewide Nuisance Alligator Program.
  546         13.11. All requirements or prohibitions in this chapter
  547  which are not otherwise classified.
  548         12. Section 379.33, prohibiting the violation of or
  549  noncompliance with commission rules.
  550         13. Section 379.407(7), prohibiting the sale, purchase,
  551  harvest, or attempted harvest of any saltwater product with
  552  intent to sell.
  553         15.14. Section 379.2421, relating to fishers and equipment,
  554  unless otherwise provided in that section prohibiting the
  555  obstruction of waterways with net gear.
  556         31.15. Section 379.413, prohibiting the unlawful taking of
  557  bonefish.
  558         16.Section 379.2425, relating to spearfishing.
  559         17.Section 379.29, prohibiting the contamination of fresh
  560  waters.
  561         18.Section 379.295, prohibiting the use of explosives and
  562  other substances in fresh waters.
  563         19.Section 379.3502, prohibiting loaning, transferring, or
  564  using a borrowed or transferred license or permit.
  565         20.Section 379.3503, prohibiting false statements in an
  566  application for a license or permit.
  567         21.Section 379.3504, prohibiting entering false
  568  information on licenses or permits.
  569         22.Section 379.3511, relating to the sale of hunting,
  570  fishing, and trapping licenses and permits by subagents.
  571         23.Section 379.357(3), prohibiting the take, kill, or
  572  possession of tarpon without purchasing a tarpon tag.
  573         24.Section 379.363, relating to freshwater fish dealer’s
  574  licenses.
  575         25.Section 379.364, relating to licenses required for fur
  576  and hide dealers.
  577         26.16.Section 379.365(2)(b) Section 379.365(2)(a) and (b),
  578  prohibiting the possession or use of stone crab traps without
  579  trap tags and theft of stone crab trap contents or gear, unless
  580  otherwise provided in law.
  581         27.17. Section 379.366(4)(b), prohibiting the theft of blue
  582  crab trap contents or trap gear, unless otherwise provided in
  583  that section.
  584         28.18. Section 379.3671(2)(c), excluding subparagraph 5.,
  585  prohibiting the possession or use of spiny lobster traps without
  586  trap tags or certificates and theft of spiny lobster trap
  587  contents or trap gear, unless otherwise provided in that
  588  section.
  589         19. Section 379.357, prohibiting the possession of tarpon
  590  without purchasing a tarpon tag.
  591         14.20. Section 379.105, prohibiting the intentional
  592  harassment of hunters, fishers, or trappers.
  593         29.Section 379.3751, relating to required licenses for the
  594  taking and possession of alligators.
  595         30.Section 379.3752, relating to required tagging of
  596  alligators and hides.
  597         (b)1. A person who commits a Level Two violation but who
  598  has not been convicted of a Level Two or higher violation within
  599  the past 3 years commits a misdemeanor of the second degree,
  600  punishable as provided in s. 775.082 or s. 775.083.
  601         2. Unless the stricter penalties in subparagraph 3. or
  602  subparagraph 4. apply, a person who commits a Level Two
  603  violation within 3 years after a previous conviction for a Level
  604  Two or higher violation commits a misdemeanor of the first
  605  degree, punishable as provided in s. 775.082 or s. 775.083, with
  606  a minimum mandatory fine of $250.
  607         3. Unless the stricter penalties in subparagraph 4. apply,
  608  a person who commits a Level Two violation within 5 years after
  609  two previous convictions for a Level Two or higher violation,
  610  commits a misdemeanor of the first degree, punishable as
  611  provided in s. 775.082 or s. 775.083, with a minimum mandatory
  612  fine of $500 and a suspension of any recreational license or
  613  permit issued under s. 379.354 for 1 year. Such suspension shall
  614  include the suspension of the privilege to obtain such license
  615  or permit and the suspension of the ability to exercise any
  616  privilege granted under any exemption in s. 379.353.
  617         4. A person who commits a Level Two violation within 10
  618  years after three previous convictions for a Level Two or higher
  619  violation commits a misdemeanor of the first degree, punishable
  620  as provided in s. 775.082 or s. 775.083, with a minimum
  621  mandatory fine of $750 and a suspension of any recreational
  622  license or permit issued under s. 379.354 for 3 years. Such
  623  suspension shall include the suspension of the privilege to
  624  obtain such license or permit and the suspension of the ability
  625  to exercise any privilege granted under s. 379.353. If the
  626  recreational license or permit being suspended was an annual
  627  license or permit, any privileges under ss. 379.353 and 379.354
  628  may not be acquired for a 3-year period following the date of
  629  the violation.
  630         (3)(a) LEVEL THREE VIOLATIONS.—A person commits a Level
  631  Three violation if he or she violates any of the following
  632  provisions:
  633         1. Rules or orders of the commission prohibiting the sale
  634  of saltwater fish.
  635         2. Rules or orders of the commission prohibiting the
  636  illegal importation or possession of exotic marine plants or
  637  animals.
  638         9.3. Section 379.407(2), establishing major violations,
  639  unless otherwise provided in that section.
  640         10.4. Section 379.407(4), prohibiting the possession of
  641  certain finfish in excess of recreational daily bag limits,
  642  unless otherwise provided in that section.
  643         3.5. Section 379.28, prohibiting the importation of
  644  freshwater fish.
  645         5.6. Section 379.354(17), prohibiting the taking of game,
  646  freshwater fish, or saltwater fish while a required license is
  647  suspended or revoked.
  648         4.7. Section 379.3014, prohibiting the illegal sale or
  649  possession of alligators.
  650         6. Section 379.357(4), prohibiting the sale, transfer, or
  651  purchase of tarpon.
  652         7.8. Section 379.404(1), (3), and (6), prohibiting the
  653  illegal taking and possession of deer and wild turkey.
  654         8.9. Section 379.406, prohibiting the possession and
  655  transportation of commercial quantities of freshwater game fish.
  656         (b)1. A person who commits a Level Three violation but who
  657  has not been convicted of a Level Three or higher violation
  658  within the past 10 years commits a misdemeanor of the first
  659  degree, punishable as provided in s. 775.082 or s. 775.083.
  660         2. A person who commits a Level Three violation within 10
  661  years after a previous conviction for a Level Three or higher
  662  violation commits a misdemeanor of the first degree, punishable
  663  as provided in s. 775.082 or s. 775.083, with a minimum
  664  mandatory fine of $750 and a suspension of any recreational
  665  license or permit issued under s. 379.354 for the remainder of
  666  the period for which the license or permit was issued up to 3
  667  years. Such suspension shall include the suspension of the
  668  privilege to obtain such license or permit and the ability to
  669  exercise any privilege granted under s. 379.353. If the
  670  recreational license or permit being suspended was an annual
  671  license or permit, any privileges under ss. 379.353 and 379.354
  672  may not be acquired for a 3-year period following the date of
  673  the violation.
  674         3. A person who commits a violation of s. 379.354(17) shall
  675  receive a mandatory fine of $1,000. Any privileges under ss.
  676  379.353 and 379.354 may not be acquired for a 5-year period
  677  following the date of the violation.
  678         (4)(a) LEVEL FOUR VIOLATIONS.—A person commits a Level Four
  679  violation if he or she violates any of the following provisions:
  680         1. Section 379.354(16), prohibiting the making, forging,
  681  counterfeiting, or reproduction of a recreational license, or
  682  possession of a recreational license without authorization from
  683  the commission.
  684         2. Section 379.365(2)(c), prohibiting criminal activities
  685  relating to the taking of stone crabs, unless otherwise provided
  686  in that section.
  687         3.2. Section 379.366(4)(c), prohibiting criminal activities
  688  relating to the taking and harvesting of blue crabs, unless
  689  otherwise provided in that section.
  690         4.3. Section 379.367(4), prohibiting the willful
  691  molestation of spiny lobster gear, unless otherwise specified in
  692  that section.
  693         5.4. Section 379.3671(2)(c)5., prohibiting the unlawful
  694  reproduction, possession, sale, trade, or barter of spiny
  695  lobster trap tags or certificates, unless otherwise specified in
  696  that section.
  697         5. Section 379.354(16), prohibiting the making, forging,
  698  counterfeiting, or reproduction of a recreational license or
  699  possession of same without authorization from the commission.
  700         6. Section 379.404(5), prohibiting the sale of illegally
  701  taken deer or wild turkey.
  702         7. Section 379.405, prohibiting the molestation or theft of
  703  freshwater fishing gear.
  704         8. Section 379.409, prohibiting the unlawful killing,
  705  injuring, possessing, or capturing of alligators or other
  706  crocodilia or their eggs.
  707         9. Section 379.411, prohibiting the intentional killing or
  708  wounding of any species designated as endangered, threatened, or
  709  of special concern.
  710         10. Section 379.4115, prohibiting the killing of any
  711  Florida or wild panther.
  712         (b) A person who commits a Level Four violation commits a
  713  felony of the third degree, punishable as provided in s.
  714  775.082, or s. 775.083, or s. 775.084.
  715         (5) ILLEGAL ACTIVITIES WHILE COMMITTING BURGLARY OR
  716  TRESPASS.—In addition to any other penalty provided by law, a
  717  person who violates the criminal provisions of this chapter or
  718  the rules or orders of the commission by illegally killing,
  719  taking, possessing, or selling fish and wildlife, in or out of
  720  season, while violating chapter 810 shall pay a fine of $500 for
  721  each such violation, plus court costs and any restitution
  722  ordered by the court. All fines collected under this subsection
  723  shall be remitted by the clerk of the court to the Department of
  724  Revenue to be deposited into the State Game Trust Fund of the
  725  Fish and Wildlife Conservation Commission.
  726         (5) VIOLATIONS OF CHAPTER.—Except as provided in this
  727  chapter:
  728         (a) A person who commits a violation of any provision of
  729  this chapter commits, for the first offense, a misdemeanor of
  730  the second degree, punishable as provided in s. 775.082 or s.
  731  775.083.
  732         (b) A person who is convicted of a second or subsequent
  733  violation of any provision of this chapter commits a misdemeanor
  734  of the first degree, punishable as provided in s. 775.082 or s.
  735  775.083.
  736         (6) SUSPENSION OR FORFEITURE OF LICENSE.—The court may
  737  order the suspension or forfeiture of any license or permit
  738  issued under this chapter to a person who is found guilty of
  739  committing a violation of this chapter.
  740         (7) CONVICTION DEFINED.—As used in this section, the term
  741  “conviction” means any judicial disposition other than acquittal
  742  or dismissal.
  743         Section 21. Section 379.403, Florida Statutes, is repealed.
  744         Section 22. Subsection (1) of section 379.409, Florida
  745  Statutes, is amended, and subsection (4) is added to that
  746  section, to read:
  747         379.409 Illegal killing, possessing, or capturing of
  748  alligators or other crocodilia or eggs; confiscation of
  749  equipment.—
  750         (1) It is unlawful to intentionally kill, injure, possess,
  751  or capture, or attempt to kill, injure, possess, or capture, an
  752  alligator or other crocodilian, or the eggs of an alligator or
  753  other crocodilian, unless authorized by the rules of the Fish
  754  and Wildlife Conservation Commission. Any person who violates
  755  this section is guilty of a felony of the third degree,
  756  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  757  in addition to such other punishment as may be provided by law.
  758  Any equipment, including but not limited to weapons, vehicles,
  759  boats, and lines, used by a person in the commission of a
  760  violation of any law, rule, regulation, or order relating to
  761  alligators or other crocodilia or the eggs of alligators or
  762  other crocodilia shall, upon conviction of such person, be
  763  confiscated by the Fish and Wildlife Conservation Commission and
  764  disposed of according to rules, orders, and regulations of the
  765  commission. The arresting officer shall promptly make a return
  766  of the seizure, describing in detail the property seized and the
  767  facts and circumstances under which it was seized, including the
  768  names of all persons known to the officer who have an interest
  769  in the property.
  770         (4) A person who violates this section commits a Level Four
  771  violation under s. 379.401, in addition to such other punishment
  772  as may be provided by law.
  773         Section 23. Section 379.411, Florida Statutes, is amended
  774  to read:
  775         379.411 Intentional killing or wounding of any species
  776  designated as endangered, threatened, or of special concern;
  777  criminal penalties.—It is unlawful for a person to intentionally
  778  kill or wound any fish or wildlife of a species designated by
  779  the Fish and Wildlife Conservation Commission as endangered,
  780  threatened, or of special concern, or to intentionally destroy
  781  the eggs or nest of any such fish or wildlife, except as
  782  provided for in the rules of the commission. A Any person who
  783  violates this section commits a Level Four violation under s.
  784  379.401 this provision with regard to an endangered or
  785  threatened species is guilty of a felony of the third degree,
  786  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  787         Section 24. Subsection (3) of section 379.4115, Florida
  788  Statutes, is amended to read:
  789         379.4115 Florida or wild panther; killing prohibited;
  790  penalty.—
  791         (3) A person who violates this section commits a Level Four
  792  violation under s. 379.401 convicted of unlawfully killing a
  793  Florida panther, or unlawfully killing any member of the species
  794  of panther occurring in the wild, is guilty of a felony of the
  795  third degree, punishable as provided in s. 775.082, s. 775.083,
  796  or s. 775.084.
  797         Section 25. This act shall take effect July 1, 2016.