Bill Amendment: FL S1282 | 2016 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Fish and Wildlife Conservation Commission

Status: 2016-03-03 - Laid on Table, companion bill(s) passed, see HB 7013 (Ch. 2016-107) [S1282 Detail]

Download: Florida-2016-S1282-Senate_Committee_Amendment_833622.html

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       Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1282
       
       
       
       
       
       
                                Ì833622ÅÎ833622                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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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;