Bill Text: FL S0688 | 2020 | Regular Session | Comm Sub

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Bill Title: Illegal Taking, Possession, and Sale of Bears

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/HB 327 [S0688 Detail]

Download: Florida-2020-S0688-Comm_Sub.html

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       Florida Senate - 2020                       CS for CS for SB 688
       
       
        
       By the Committees on Criminal Justice; and Environment and
       Natural Resources; and Senator Wright
       
       
       
       
       591-03462-20                                           2020688c2
    1                        A bill to be entitled                      
    2         An act relating to the illegal taking, possession, and
    3         sale of bears; amending s. 379.401, F.S.; providing
    4         that a person commits specified violations for the
    5         illegal taking, possession, and sale of bears;
    6         creating s. 379.4041, F.S.; prohibiting the illegal
    7         taking, possession, and sale of bears; providing an
    8         exception; providing penalties; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (3) and paragraph
   14  (a) of subsection (4) of section 379.401, Florida Statutes, are
   15  amended to read:
   16         379.401 Penalties and violations; civil penalties for
   17  noncriminal infractions; criminal penalties; suspension and
   18  forfeiture of licenses and permits.—
   19         (3) LEVEL THREE VIOLATIONS.—
   20         (a) A person commits a Level Three violation if he or she
   21  violates any of the following provisions:
   22         1. Rules or orders of the commission prohibiting the sale
   23  of saltwater fish.
   24         2. Rules or orders of the commission prohibiting the
   25  illegal importation or possession of exotic marine plants or
   26  animals.
   27         3. Section 379.28, prohibiting the importation of
   28  freshwater fish.
   29         4. Section 379.3014, prohibiting the illegal sale or
   30  possession of alligators.
   31         5. Section 379.354(17), prohibiting the taking of game,
   32  freshwater fish, or saltwater fish while a required license is
   33  suspended or revoked.
   34         6. Section 379.357(4), prohibiting the sale, transfer, or
   35  purchase of tarpon.
   36         7. Section 379.404(1), (3), and (6), prohibiting the
   37  illegal taking and possession of deer and wild turkey.
   38         8. Section 379.4041(1), prohibiting the illegal taking and
   39  possession of bears.
   40         9.8. Section 379.406, prohibiting the possession and
   41  transportation of commercial quantities of freshwater game fish.
   42         10.9. Section 379.407(2), establishing major violations.
   43         11.10. Section 379.407(4), prohibiting the possession of
   44  certain finfish in excess of recreational daily bag limits.
   45         (4) LEVEL FOUR VIOLATIONS.—
   46         (a) A person commits a Level Four violation if he or she
   47  violates any of the following provisions:
   48         1. Section 379.354(16), prohibiting the making, forging,
   49  counterfeiting, or reproduction of a recreational license or the
   50  possession of same without authorization from the commission.
   51         2. Section 379.365(2)(c), prohibiting criminal activities
   52  relating to the taking of stone crabs.
   53         3. Section 379.366(4)(c), prohibiting criminal activities
   54  relating to the taking and harvesting of blue crabs.
   55         4. Section 379.367(4), prohibiting the willful molestation
   56  of spiny lobster gear.
   57         5. Section 379.3671(2)(c)5., prohibiting the unlawful
   58  reproduction, possession, sale, trade, or barter of spiny
   59  lobster trap tags or certificates.
   60         6. Section 379.404(5), prohibiting the sale of illegally
   61  taken deer or wild turkey.
   62         7. Section 379.4041(2), prohibiting the sale of illegally
   63  taken bears.
   64         8.7. Section 379.405, prohibiting the molestation or theft
   65  of freshwater fishing gear.
   66         9.8. Section 379.409, prohibiting the unlawful killing,
   67  injuring, possessing, or capturing of alligators or other
   68  crocodilia or their eggs.
   69         10.9. Section 379.411, prohibiting the intentional killing
   70  or wounding of any species designated as endangered, threatened,
   71  or of special concern.
   72         11.10. Section 379.4115, prohibiting the killing of any
   73  Florida or wild panther.
   74         Section 2. Section 379.4041, Florida Statutes, is created
   75  to read:
   76         379.4041 Illegal taking, possession, and sale of bears.—
   77         (1) Unless a person is acting under the authority of rule
   78  68A-4.009, Florida Administrative Code, a person who takes a
   79  bear or possesses a freshly killed bear during the closed season
   80  prescribed by law or rules of the commission commits a Level
   81  Three violation under s. 379.401 and forfeits any license or
   82  permit issued to him or her under this chapter for 3 years after
   83  the date of the violation. A person who commits a subsequent
   84  offense of such taking or possession is permanently ineligible
   85  for issuance of any license or permit under this chapter.
   86         (2) A person who possesses for sale or sells a bear taken
   87  in violation of this section or rules of the commission commits
   88  a Level Four violation under s. 379.401.
   89         Section 3. This act shall take effect July 1, 2020.