Florida Senate - 2016 SB 1470
By Senator Latvala
20-00795-16 20161470__
1 A bill to be entitled
2 An act relating to crustaceans; amending s. 379.365,
3 F.S.; specifying that for violations related to stone
4 crab traps which involve fewer than 100 traps, each
5 untagged trap may be charged as a separate count;
6 specifying maximum penalties for such violations;
7 revising the criminal and administrative penalties for
8 violations related to stone crab traps; amending s.
9 379.3671, F.S.; specifying that for violations related
10 to spiny lobster traps involving fewer than 100 traps,
11 each untagged trap or unlawful trap tag may be charged
12 as a separate count; specifying maximum penalties for
13 such violations; revising the criminal and
14 administrative penalties for violations related to
15 spiny lobster traps; amending s. 379.407, F.S.;
16 prohibiting certain persons from being in the
17 possession of undersized spiny lobsters; specifying
18 that for violations related to undersized spiny
19 lobsters in which fewer than 100 lobsters are
20 involved, each undersized lobster may be charged as a
21 separate count; specifying maximum penalties for such
22 violations; specifying the criminal and administrative
23 penalties for violations related to undersized spiny
24 lobsters; amending s. 921.0022, F.S.; revising the
25 offense severity ranking chart to include certain
26 violations related to stone crabs and spiny lobsters;
27 providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraph (a) of subsection (2) of section
32 379.365, Florida Statutes, is amended to read:
33 379.365 Stone crab; regulation.—
34 (2) PENALTIES.—For purposes of this subsection, conviction
35 is any disposition other than acquittal or dismissal, regardless
36 of whether the violation was adjudicated under any state or
37 federal law.
38 (a) It is unlawful to violate commission rules regulating
39 stone crab trap certificates and trap tags. No person may use an
40 expired tag or a stone crab trap tag not issued by the
41 commission or possess or use a stone crab trap in or on state
42 waters or adjacent federal waters without having a trap tag
43 required by the commission firmly attached thereto. For
44 violations involving fewer than 100 stone crab traps, each
45 untagged trap may be charged as a separate misdemeanor count
46 under sub-subparagraphs 1.a.-1.d. However, the total misdemeanor
47 penalty for any one scheme or course of conduct may not exceed 4
48 years’ imprisonment and a civil fine of $4,000 under such
49 subparagraphs.
50 1. In addition to any other penalties provided in s.
51 379.407, for any commercial harvester who violates this
52 paragraph, the following administrative penalties apply:.
53 a. For A first violation is a misdemeanor of the second
54 degree, punishable as provided in s. 775.082 or s. 775.083. In
55 addition, the commission shall impose ,the commission shall
56 assess an administrative penalty of up to $1,000 on the
57 violator.
58 b. For A second violation is a misdemeanor of the first
59 degree, punishable as provided in s. 775.082 or s. 775.083. In
60 addition, the commission shall impose that occurs within 24
61 months of any previous such violation, the commission shall
62 assess an administrative penalty of up to $2,000 on the violator
63 and shall suspend all of the violator’s license privileges under
64 this chapter and the stone crab endorsement under which the
65 violation was committed may be suspended for a period of up to
66 12 calendar months.
67 c. For A third or subsequent violation is a misdemeanor of
68 the first degree, punishable as provided in s. 775.082 or s.
69 775.083. In addition, the commission shall impose that occurs
70 within 36 months of any previous two such violations, the
71 commission shall assess an administrative penalty of up to
72 $5,000 on the violator and shall suspend all of the violator’s
73 license privileges under this chapter and the stone crab
74 endorsement under which the violation was committed may be
75 suspended for a period of up to 24 calendar months.
76 d. A fourth violation that occurs within 48 months of any
77 three previous such violations, shall be punished by shall
78 result in permanent revocation of all of the violator’s license
79 privileges under this chapter saltwater fishing privileges,
80 including having the commission proceed against the endorsement
81 holder’s saltwater products license in accordance with s.
82 379.407.
83 e. Any violation involving 100 or more untagged stone crab
84 traps is a felony of the third degree, punishable as provided in
85 s. 775.082, s. 775.083, or s. 775.084 and a mandatory civil fine
86 of at least $500. In addition, the commission shall impose an
87 administrative penalty of up to $2,000 against the violator and
88 may suspend the violator’s license privileges under this chapter
89 for a period of up to 12 months. The administrative penalty and
90 suspension may be assessed in addition to the penalties
91 specified in sub-subparagraphs a.-d.
92 2. Any other person who violates the provisions of this
93 paragraph commits a Level Two violation under s. 379.401.
94
95 Within 30 days after notification, a Any commercial harvester
96 assessed an administrative penalty under this paragraph shall,
97 within 30 calendar days after notification, pay the
98 administrative penalty to the commission, or request an
99 administrative hearing under ss. 120.569 and 120.57. The
100 proceeds of all administrative penalties collected under this
101 paragraph shall be deposited in the Marine Resources
102 Conservation Trust Fund.
103 Section 2. Paragraph (c) of subsection (2) of section
104 379.3671, Florida Statutes, is amended to read:
105 379.3671 Spiny lobster trap certificate program.—
106 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
107 PENALTIES.—The Fish and Wildlife Conservation Commission shall
108 establish a trap certificate program for the spiny lobster
109 fishery of this state and shall be responsible for its
110 administration and enforcement as follows:
111 (c) Prohibitions; penalties.—
112 1. It is unlawful for a person to possess or use a spiny
113 lobster trap in or on state waters or adjacent federal waters
114 without having affixed thereto the trap tag required by this
115 section. It is unlawful for a person to possess or use any other
116 gear or device designed to attract and enclose or otherwise aid
117 in the taking of spiny lobster by trapping that is not a trap as
118 defined by commission rule. For violations involving fewer than
119 100 spiny lobster traps, each untagged trap may be charged as a
120 separate misdemeanor count. However the total misdemeanor
121 penalty for any one scheme or course of conduct may not exceed 4
122 years’ imprisonment and a civil fine of $4,000.
123 2. It is unlawful for a person to possess or use spiny
124 lobster trap tags without having the necessary number of
125 certificates on record as required by this section. For
126 violations involving fewer than 100 spiny lobster trap tags,
127 each unlawful trap tag may be charged as a separate misdemeanor
128 count. However, the total misdemeanor penalty for any one scheme
129 or course of conduct may not exceed 4 years’ imprisonment and a
130 civil fine of $4,000.
131 3. It is unlawful for any person to willfully molest, take
132 possession of, or remove the contents of another harvester’s
133 spiny lobster trap without the express written consent of the
134 trap owner available for immediate inspection. Unauthorized
135 possession of another’s trap gear or removal of trap contents
136 constitutes theft.
137 a. A commercial harvester who violates this subparagraph
138 shall be punished under ss. 379.367 and 379.407. Any commercial
139 harvester receiving a judicial disposition other than dismissal
140 or acquittal on a charge of theft of or from a trap pursuant to
141 this subparagraph or s. 379.402 shall, in addition to the
142 penalties specified in ss. 379.367 and 379.407 and the
143 provisions of this section, permanently lose all his or her
144 saltwater fishing privileges, including his or her saltwater
145 products license, spiny lobster endorsement, and all trap
146 certificates allotted to him or her through this program. In
147 such cases, trap certificates and endorsements are
148 nontransferable.
149 b. Any commercial harvester receiving a judicial
150 disposition other than dismissal or acquittal on a charge of
151 willful molestation of a trap, in addition to the penalties
152 specified in ss. 379.367 and 379.407, shall lose all saltwater
153 fishing privileges for a period of 24 calendar months.
154 c. In addition, any commercial harvester charged with
155 violating this subparagraph and receiving a judicial disposition
156 other than dismissal or acquittal for violating this
157 subparagraph or s. 379.402 shall also be assessed an
158 administrative penalty of up to $5,000.
159
160 Immediately upon receiving a citation for a violation involving
161 theft of or from a trap, or molestation of a trap, and until
162 adjudicated for such a violation or, upon receipt of a judicial
163 disposition other than dismissal or acquittal of such a
164 violation, the commercial harvester committing the violation is
165 prohibited from transferring any spiny lobster trap certificates
166 and endorsements.
167 4. In addition to any other penalties provided in s.
168 379.407, a commercial harvester who violates the provisions of
169 this section or commission rules relating to spiny lobster traps
170 shall be punished as follows:
171 a. A If the first violation is a misdemeanor of the second
172 degree, punishable as provided in s. 775.082 or s. 775.083. In
173 addition, the commission shall impose an is for violation of
174 subparagraph 1. or subparagraph 2., the commission shall assess
175 an additional administrative penalty of up to $1,000 on the
176 violator. For all other first violations, the commission shall
177 assess an additional administrative penalty of up to $500.
178 b. For A second violation is a misdemeanor of the first
179 degree, punishable as provided in s. 775.082 or s. 775.083. In
180 addition, the commission shall impose an of subparagraph 1. or
181 subparagraph 2. which occurs within 24 months of any previous
182 such violation, the commission shall assess an additional
183 administrative penalty of up to $2,000 on the violator and shall
184 suspend the violator’s license privileges under this chapter for
185 a period of up to 12 months and the spiny lobster endorsement
186 issued under s. 379.367(2) or (6) may be suspended for the
187 remainder of the current license year.
188 c. For A third or subsequent violation is a misdemeanor of
189 the first degree, punishable as provided in s. 775.082 or s.
190 775.083. In addition, the commission shall impose an of
191 subparagraph 1., subparagraph 2., or subparagraph 3. which
192 occurs within 36 months of any previous two such violations, the
193 commission shall assess an additional administrative penalty of
194 up to $5,000 on the violator and shall suspend the violator’s
195 license privileges under this chapter and may suspend the spiny
196 lobster endorsement issued under s. 379.367(2) or (6) for a
197 period of up to 24 months or may revoke the spiny lobster
198 endorsement issued under s. 379.367(2) or (6) and, if revoking
199 the spiny lobster endorsement, may also proceed against the
200 licenseholder’s saltwater products license in accordance with
201 the provisions of s. 379.407(2)(h).
202 d. A violation that involves 100 or more untagged spiny
203 lobster traps or unlawful trap tags is a felony of the third
204 degree, punishable as provided in s. 775.082, s. 775.083, or s.
205 775.084 and by a mandatory civil fine of at least $500. In
206 addition, the commission shall impose an administrative penalty
207 of up to $2,000 on the violator and may suspend the violator’s
208 license privileges under this chapter for an additional period
209 of up to 12 months.
210 e.d. Within 30 days after notification, a Any person
211 assessed an additional administrative penalty pursuant to this
212 section shall within 30 calendar days after notification:
213 (I) Pay the administrative penalty to the commission; or
214 (II) Request an administrative hearing pursuant to the
215 provisions of ss. 120.569 and 120.57.
216 f.e. The commission shall suspend the spiny lobster
217 endorsement issued under s. 379.367(2) or (6) of for any person
218 failing to comply with the provisions of sub-subparagraph e. d.
219 5.a. It is unlawful for any person to make, alter, forge,
220 counterfeit, or reproduce a spiny lobster trap tag or
221 certificate.
222 b. It is unlawful for any person to knowingly have in his
223 or her possession a forged, counterfeit, or imitation spiny
224 lobster trap tag or certificate.
225 c. It is unlawful for any person to barter, trade, sell,
226 supply, agree to supply, aid in supplying, or give away a spiny
227 lobster trap tag or certificate or to conspire to barter, trade,
228 sell, supply, aid in supplying, or give away a spiny lobster
229 trap tag or certificate unless such action is duly authorized by
230 the commission as provided in this chapter or in the rules of
231 the commission.
232 6.a. Any commercial harvester who violates the provisions
233 of subparagraph 5., or any commercial harvester who engages in
234 the commercial harvest, trapping, or possession of spiny lobster
235 without a spiny lobster endorsement as required by s. 379.367(2)
236 or (6) or during any period while such spiny lobster endorsement
237 is under suspension or revocation, commits a felony of the third
238 degree, punishable as provided in s. 775.082, s. 775.083, or s.
239 775.084.
240 b. In addition to any penalty imposed pursuant to sub
241 subparagraph a., the commission shall levy a fine of up to twice
242 the amount of the appropriate surcharge to be paid on the fair
243 market value of the transferred certificates, as provided in
244 subparagraph (a)1., on any commercial harvester who violates the
245 provisions of sub-subparagraph 5.c.
246 c. In addition to any penalty imposed pursuant to sub
247 subparagraph a., any commercial harvester receiving any judicial
248 disposition other than acquittal or dismissal for a violation of
249 subparagraph 5. shall be assessed an administrative penalty of
250 up to $5,000, and the spiny lobster endorsement under which the
251 violation was committed may be suspended for up to 24 calendar
252 months. Immediately upon issuance of a citation involving a
253 violation of subparagraph 5. and until adjudication of such a
254 violation, and after receipt of any judicial disposition other
255 than acquittal or dismissal for such a violation, the commercial
256 harvester holding the spiny lobster endorsement listed on the
257 citation is prohibited from transferring any spiny lobster trap
258 certificates.
259 d. Any other person who violates the provisions of
260 subparagraph 5. commits a Level Four violation under s. 379.401.
261 7. Prior to the 2010-2011 license year, any certificates
262 for which the annual certificate fee is not paid for a period of
263 3 years shall be considered abandoned and shall revert to the
264 commission. Beginning with the 2010-2011 license year, any
265 certificate for which the annual certificate fee is not paid for
266 a period of 2 consecutive years shall be considered abandoned
267 and shall revert to the commission. During any period of trap
268 reduction, any certificates reverting to the commission shall
269 become permanently unavailable and be considered in that amount
270 to be reduced during the next license-year period. Otherwise,
271 any certificates that revert to the commission are to be
272 reallotted in such manner as provided by the commission.
273 8. The proceeds of all administrative penalties collected
274 pursuant to subparagraph 4. and all fines collected pursuant to
275 sub-subparagraph 6.b. shall be deposited into the Marine
276 Resources Conservation Trust Fund.
277 9. All traps shall be removed from the water during any
278 period of suspension or revocation.
279 10. Except as otherwise provided, any person who violates
280 this paragraph commits a Level Two violation under s. 379.401.
281 Section 3. Subsection (5) of section 379.407, Florida
282 Statutes, is amended to read:
283 379.407 Administration; rules, publications, records;
284 penalties; injunctions.—
285 (5) PENALTIES FOR POSSESSION OF SPINY LOBSTER; CLOSED
286 SEASON AND WRUNG TAILS.—
287 (a) It is a major violation under this section for any
288 person, firm, or corporation to be in possession of spiny
289 lobster during the closed season or, while on the water, to be
290 in possession of spiny lobster tails that have been wrung or
291 separated from the body, unless such possession is allowed by
292 commission rule. Any person, firm, or corporation that violates
293 this paragraph subsection is subject to penalties as follows:
294 1.(a) A first violation is a misdemeanor of the second
295 degree, punishable as provided in s. 775.082 or s. 775.083. If
296 the violation involves 25 or more lobster, the violation is a
297 misdemeanor of the first degree, punishable as provided in s.
298 775.082 or s. 775.083.
299 2.(b) A second violation is a misdemeanor of the first
300 degree, punishable as provided in s. 775.082 or s. 775.083, and
301 such person is subject to a suspension of his or her all license
302 privileges under this chapter for a period not to exceed 90
303 days.
304 3.(c) A third violation is a misdemeanor of the first
305 degree, punishable as provided in s. 775.082 or s. 775.083, with
306 a mandatory minimum term of imprisonment of 6 months, and such
307 person may be assessed a civil penalty of up to $2,500 and is
308 subject to a suspension of all license privileges under this
309 chapter for a period not to exceed 6 months.
310 4.(d) A third violation within 1 year after a second
311 violation is a felony of the third degree, punishable as
312 provided in s. 775.082 or s. 775.083, with a mandatory minimum
313 term of imprisonment of 1 year, and such person shall be
314 assessed a civil penalty of $5,000 and all license privileges
315 under this chapter shall be permanently revoked.
316 5.(e) A fourth or subsequent violation is a felony of the
317 third degree, punishable as provided in s. 775.082 or s.
318 775.083, with a mandatory minimum term of imprisonment of 1
319 year, and such person shall be assessed a civil penalty of
320 $5,000 and all license privileges under this chapter shall be
321 permanently revoked.
322 (b) It is a major violation under this section for a
323 recreational or commercial harvester to be in possession of an
324 undersized spiny lobster, unless authorized to do so by
325 commission rule. For violations of this paragraph involving
326 fewer than 100 lobsters, each undersized spiny lobster may be
327 charged as a separate misdemeanor count under subparagraphs 1.
328 and 2. However, the total misdemeanor penalty for any one scheme
329 or course of conduct may not exceed 4 years’ imprisonment and a
330 civil fine of $4,000 under such subparagraphs. Any person that
331 violates this paragraph is subject to the following penalties:
332 1. A first violation is a misdemeanor of the second degree,
333 punishable as provided in s. 775.082 or s. 775.083.
334 2. A second violation is a misdemeanor of the first degree,
335 punishable as provided in s. 775.082 or s. 775.083.
336 3. If a violation involves more than 100 spiny lobsters,
337 the violation is a felony of the third degree, punishable as
338 provided in s. 775.082, s. 775.083, or s. 775.084 and a
339 mandatory civil fine of at least $500. In addition, the
340 commission shall assess the violator with an administrative
341 penalty of up to $2,000 and may suspend the violator’s license
342 privileges under this chapter for a period of up to 12 months.
343 Section 4. Paragraph (e) of subsection (3) of section
344 921.0022, Florida Statutes, is amended to read:
345 921.0022 Criminal Punishment Code; offense severity ranking
346 chart.—
347 (3) OFFENSE SEVERITY RANKING CHART
348 (e) LEVEL 5
349
350 FloridaStatute FelonyDegree Description
351 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
352 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
353 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
354 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
355 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
356 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
357 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
358 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
359 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
360 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
361 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
362 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
363 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
364 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
365 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
366 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
367 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
368 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
369 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
370 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
371 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
372 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
373 379.365 (2)(a)1.e. 3rd Possession or use of more than 100 untagged stone crab traps.
374 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
375 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
376 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
377 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
378 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
379 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
380 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
381 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
382 379.365(2)(b) 3rd Possession or removal of the contents of another harvester’s stone crab trap.
383 379.365 (2)(c)1. 3rd Violation of rules relating to molestation of stone crab traps, lines, or buoys; or rules relating to stone crab trap tags.
384 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
385 379.3671 (2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
386 379.3671 (2)(c)4.d. 3rd Possession or use of more than 100 untagged spiny lobster traps or unlawful trap tags.
387 379.407 (5)(b)3. 3rd Possession of more than 100 undersized spiny lobsters.
388 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
389 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
390 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
391 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
392 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
393 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
394 790.01(2) 3rd Carrying a concealed firearm.
395 790.162 2nd Threat to throw or discharge destructive device.
396 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
397 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
398 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
399 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
400 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
401 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
402 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
403 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
404 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
405 812.019(1) 2nd Stolen property; dealing in or trafficking in.
406 812.131(2)(b) 3rd Robbery by sudden snatching.
407 812.16(2) 3rd Owning, operating, or conducting a chop shop.
408 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
409 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
410 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
411 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
412 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
413 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
414 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
415 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
416 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
417 843.01 3rd Resist officer with violence to person; resist arrest with violence.
418 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
419 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
420 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
421 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
422 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
423 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
424 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
425 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
426 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
427 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
428 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
429 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
430
431 Section 5. This act shall take effect October 1, 2016.