Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1282
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/15/2016 .
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Appropriations Subcommittee on General Government (Dean)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 147 and 148
4 insert:
5 Section 5. Paragraphs (d) and (e) of subsection (1) of
6 section 379.2431, Florida Statutes, are amended to read:
7 379.2431 Marine animals; regulation.—
8 (1) PROTECTION OF MARINE TURTLES.—
9 (d) Except as authorized in this paragraph, or unless
10 otherwise provided by the Federal Endangered Species Act or its
11 implementing regulations, a person, firm, or corporation may
12 not:
13 1. Knowingly possess the eggs of any marine turtle species
14 described in this subsection.
15 2. knowingly possess, take, disturb, mutilate, destroy,
16 cause to be destroyed, transfer, sell, offer to sell, molest, or
17 harass any marine turtle species or hatchling, or parts thereof,
18 turtles or the eggs or nest of any marine turtle species turtles
19 described in this subsection. The commission may:
20 1.3. The commission may Issue a special permit or loan
21 agreement to a any person, firm, or corporation, to enable the
22 holder to possess a marine turtle species or hatchling, or parts
23 thereof, including nests or, eggs, or hatchlings, for
24 scientific, education, or exhibition purposes, or for
25 conservation activities such as the relocation of nests, eggs,
26 or marine turtles or hatchlings away from construction sites.
27 Notwithstanding other provisions of law, the commission may
28 issue such special permit or loan agreement to a any properly
29 accredited person as defined in paragraph (c) for the purposes
30 of marine turtle conservation.
31 2.4. The commission shall have the authority to Adopt rules
32 pursuant to chapter 120 to prescribe terms, conditions, and
33 restrictions for marine turtle conservation, and to permit the
34 possession of marine turtle species or hatchlings, turtles or
35 parts thereof, including nests or eggs.
36 (e)1. A Any person, firm, or corporation that commits any
37 act prohibited in paragraph (d) involving any egg of any marine
38 turtle species described in this subsection shall pay a penalty
39 of $100 per egg in addition to other penalties provided in this
40 paragraph.
41 2. A Any person, firm, or corporation that illegally
42 possesses 11 or fewer of any eggs of any marine turtle species
43 described in this subsection commits a first degree misdemeanor,
44 punishable as provided in ss. 775.082 and 775.083.
45 3. For a second or subsequent violation of subparagraph 2.,
46 a any person, firm, or corporation that illegally possesses 11
47 or fewer of any eggs of any marine turtle species described in
48 this subsection commits a third degree felony, punishable as
49 provided in s. 775.082, s. 775.083, or s. 775.084.
50 4. A Any person, firm, or corporation that illegally
51 possesses more than 11 of any eggs of any marine turtle species
52 described in this subsection commits a third degree felony,
53 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
54 5. A Any person, firm, or corporation that illegally takes,
55 disturbs, mutilates, destroys, causes to be destroyed,
56 transfers, sells, offers to sell, molests, or harasses any
57 marine turtle species or hatchling, or parts thereof, or the
58 eggs or nest of any marine turtle species as described in this
59 subsection, commits a third degree felony, punishable as
60 provided in s. 775.082, s. 775.083, or s. 775.084.
61 6. A person, firm, or corporation that illegally possesses
62 any marine turtle species or hatchling, or parts thereof, or the
63 nest of any marine turtle species described in this subsection,
64 commits a felony of the third degree, punishable as provided in
65 s. 775.082, s. 775.083, or s. 775.084.
66 7.6. Notwithstanding s. 777.04, a any person, firm, or
67 corporation that solicits or conspires with another person,
68 firm, or corporation, to commit an act prohibited by this
69 subsection commits a felony of the third degree, punishable as
70 provided in s. 775.082, s. 775.083, or s. 775.084.
71 8.7. The proceeds from the penalties assessed pursuant to
72 this paragraph shall be deposited into the Marine Resources
73 Conservation Trust Fund.
74
75 ================= T I T L E A M E N D M E N T ================
76 And the title is amended as follows:
77 Between lines 12 and 13
78 insert:
79 amending s. 379.2431, F.S.; prohibiting certain
80 possession of any marine turtle species or hatchling
81 or parts thereof; providing penalties;