Bill Text: FL S0804 | 2012 | Regular Session | Comm Sub

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Bill Title: Fish and Wildlife Conservation

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2012-03-06 - Laid on Table, refer to CS/HB 7025 -SJ 882 [S0804 Detail]

Download: Florida-2012-S0804-Comm_Sub.html

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       Florida Senate - 2012                       CS for CS for SB 804
       
       
       
       By the Committees on Budget Subcommittee on General Government
       Appropriations; Environmental Preservation and Conservation; and
       Environmental Preservation and Conservation; and Senator Evers
       
       
       601-02404-12                                           2012804c2
    1                        A bill to be entitled                      
    2         An act relating to fish and wildlife conservation;
    3         amending s. 320.08058, F.S.; revising the distribution
    4         of the Florida panther license plate annual use fee by
    5         removing the Florida Communities Trust Fund as a
    6         recipient; amending s. 379.208, F.S.; changing a
    7         funding source of the Marine Resources Conservation
    8         Trust Fund from excise taxes to vessel registration
    9         fees; removing the provision requiring that
   10         undistributed funds be carried over to the next fiscal
   11         year; repealing s. 379.2342(2), F.S., relating to the
   12         publication of the Florida Wildlife Magazine and the
   13         Florida Wildlife Magazine Advisory Council; amending
   14         s. 379.354, F.S.; exempting a scuba diver who is
   15         engaged in taking or attempting to take saltwater
   16         products from having an individual fishing license if
   17         the operator of a vessel carrying the scuba diver
   18         meets certain conditions; amending s. 379.3581, F.S.;
   19         deleting provisions that restrict the special
   20         authorization to hunt under supervision to 1 year and
   21         that prohibit issuing the special authorization to the
   22         same person more than once; amending s. 379.366, F.S.;
   23         reducing the fee for soft-shell blue crab
   24         endorsements; amending s. 380.511, F.S.; conforming a
   25         reference to changes made by the act; amending s.
   26         921.0022, F.S.; adding to the offense severity ranking
   27         chart, to be used with the Criminal Punishment Code
   28         for sentence score, willful molestation of a
   29         commercial harvester’s spiny lobster trap, line, or
   30         buoy or the unauthorized possession or removal of trap
   31         contents or trap gear; providing effective dates.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraph (b) of subsection (5) of section
   36  320.08058, Florida Statutes, is amended to read:
   37         320.08058 Specialty license plates.—
   38         (5) FLORIDA PANTHER LICENSE PLATES.—
   39         (b) The department shall distribute the Florida panther
   40  license plate annual use fee in the following manner:
   41         1. Eighty-five percent must be deposited in the Florida
   42  Panther Research and Management Trust Fund in the Fish and
   43  Wildlife Conservation Commission to be used for education and
   44  programs to protect the endangered Florida panther, and up to 10
   45  percent of such deposit may be used to promote and market the
   46  license plate.
   47         2. Fifteen percent, but no less than $300,000, must be
   48  deposited in the Florida Communities Trust Fund to be used
   49  pursuant to the Florida Communities Trust Act.
   50         Section 2. Subsection (3) of section 379.208, Florida
   51  Statutes, is amended to read:
   52         379.208 Marine Resources Conservation Trust Fund;
   53  purposes.—
   54         (3) Funds provided to the Marine Resources Conservation
   55  Trust Fund from vessel registration fees pursuant to s. 328.76
   56  may taxes distributed under s. 201.15 shall be used for the
   57  following purposes:
   58         (a) To reimburse the cost of activities authorized pursuant
   59  to the Fish and Wildlife Service of the United States Department
   60  of the Interior. The facilities must be involved in the actual
   61  rescue and full-time acute care veterinarian-based
   62  rehabilitation of manatees. The cost of activities includes, but
   63  is not limited to, costs associated with expansion, capital
   64  outlay, repair, maintenance, and operation related to the
   65  rescue, treatment, stabilization, maintenance, release, and
   66  monitoring of manatees. Moneys distributed through the
   67  contractual agreement to each facility for manatee
   68  rehabilitation must be proportionate to the number of manatees
   69  under acute care rehabilitation; the number of maintenance days
   70  medically necessary in the facility; and the number released
   71  during the previous fiscal year. The commission may set a cap on
   72  the total amount reimbursed per manatee per year.
   73         (b) For training on the care, treatment, and rehabilitation
   74  of marine mammals at the Whitney Laboratory and the College of
   75  Veterinary Medicine at the University of Florida.
   76         (c) For program administration costs of the agency.
   77         (d) Funds not distributed in any 1 fiscal year must be
   78  carried over for distribution in subsequent years.
   79         Section 3. Subsection (2) of section 379.2342, Florida
   80  Statutes, is repealed.
   81         Section 4. Paragraph (a) of subsection (7) of section
   82  379.354, Florida Statutes, is amended, and paragraph (f) is
   83  added to that subsection, to read:
   84         379.354 Recreational licenses, permits, and authorization
   85  numbers; fees established.—
   86         (7) VESSEL LICENSES.—
   87         (a) Except as provided in paragraph (f), a No person may
   88  not operate any vessel wherein a fee is paid, either directly or
   89  indirectly, for the purpose of taking, attempting to take, or
   90  possessing any saltwater fish for noncommercial purposes unless
   91  she or he has obtained a license for each vessel for that
   92  purpose, and has paid the license fee pursuant to paragraphs (b)
   93  and (c) for such vessel.
   94         (f) If the operator of a vessel that carries scuba divers
   95  for a fee, either directly or indirectly, maintains the
   96  appropriate vessel license under this subsection based upon the
   97  number of persons the vessel is licensed to carry and any
   98  applicable permits, the individual scuba divers engaged in
   99  taking or attempting to take saltwater products are not required
  100  to obtain individual fishing licenses and permits. However, if
  101  such vessel operator does not have the appropriate license, a
  102  scuba diver engaged in taking or attempting to take saltwater
  103  products must have individual fishing licenses and any
  104  applicable permits.
  105         Section 5. Paragraph (b) of subsection (2) of section
  106  379.3581, Florida Statutes, is amended to read:
  107         379.3581 Hunter safety course; requirements; penalty.—
  108         (2)
  109         (b) A person born on or after June 1, 1975, who has not
  110  successfully completed a hunter safety course may apply to the
  111  commission for a special authorization to hunt under
  112  supervision. The special authorization for supervised hunting
  113  shall be designated on any license or permit required under this
  114  chapter for a person to take game or fur-bearing animals and
  115  shall be valid for not more than 1 year. A special authorization
  116  for supervised hunting may not be issued more than once to the
  117  person applying for such authorization. A person issued a
  118  license with a special authorization to hunt under supervision
  119  must hunt under the supervision of, and in the presence of, a
  120  person 21 years or age or older who is licensed to hunt pursuant
  121  to s. 379.354 or who is exempt from licensing requirements or
  122  eligible for a free license pursuant to s. 379.353.
  123         Section 6. Effective upon the commencement of the 2012-2013
  124  blue crab license year, paragraph (a) of subsection (3) of
  125  section 379.366, Florida Statutes, is amended to read:
  126         379.366 Blue crab; regulation.—
  127         (3)(a) Endorsement fees.—
  128         1. The fee for a hard-shell blue crab endorsement for the
  129  taking of hard-shell blue crabs, as authorized by rule of the
  130  commission, is $125, $25 of which must be used solely for the
  131  trap retrieval program authorized under s. 379.2424 and in
  132  commission rules.
  133         2. The fee for a soft-shell blue crab endorsement for the
  134  taking of soft-shell blue crabs, as authorized by rule of the
  135  commission, is $125 $250, $25 of which must be used solely for
  136  the trap retrieval program authorized under s. 379.2424 and in
  137  commission rules.
  138         3. The fee for a nontransferable hard-shell blue crab
  139  endorsement for the taking of hard-shell blue crabs, as
  140  authorized by rule of the commission, is $125, $25 of which must
  141  be used solely for the trap retrieval program authorized under
  142  s. 379.2424 and in commission rules.
  143         4. The fee for an incidental take blue crab endorsement for
  144  the taking of blue crabs as bycatch in shrimp trawls and stone
  145  crab traps is $25, as authorized in commission rules.
  146         Section 7. Subsection (1) of section 380.511, Florida
  147  Statutes, is amended to read:
  148         380.511 Florida Communities Trust Fund.—
  149         (1) There is created the Florida Communities Trust Fund as
  150  a nonlapsing, revolving fund for projects, activities,
  151  acquisitions, and operating expenses necessary to carry out this
  152  part. The fund shall be held and administered by the trust. The
  153  following shall be credited to or deposited in the Florida
  154  Communities Trust Fund:
  155         (a) All moneys and revenue from the operation, management,
  156  sale, lease, or other disposition of land, water areas, related
  157  resources, and the facilities thereon acquired or constructed
  158  under this part.
  159         (b) Moneys accruing to any agency for the purposes listed
  160  in this part.
  161         (c) Proceeds from the sale of environmental license plates
  162  authorized in s. 320.08058(5).
  163         (c)(d) Other moneys as the Legislature authorizes.
  164  
  165  All moneys so deposited into the Florida Communities Trust Fund
  166  shall be trust funds for the uses and purposes set forth in this
  167  section, within the meaning of s. 215.32(1)(b); and such moneys
  168  shall not become or be commingled with the General Revenue Fund
  169  of the state, as defined by s. 215.32(1)(a).
  170         Section 8. Paragraph (e) of subsection (3) of section
  171  921.0022, Florida Statutes, is amended to read:
  172         921.0022 Criminal Punishment Code; offense severity ranking
  173  chart.—
  174         (3) OFFENSE SEVERITY RANKING CHART
  175         (e) LEVEL 5
  176  FloridaStatute    FelonyDegree                Description                
  177  316.027(1)(a)       3rd   Accidents involving personal injuries, failure to stop; leaving scene.
  178  316.1935(4)(a)      2nd   Aggravated fleeing or eluding.             
  179  322.34(6)           3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  180  327.30(5)           3rd   Vessel accidents involving personal injury; leaving scene.
  181  379.367(4)          3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  182  379.3671(2)(c)3.    3rd   Willful molestation or unauthorized possession or removal of a commercial harvester’s spiny lobster trap contents or trap gear.
  183  381.0041(11)(b)     3rd   Donate blood, plasma, or organs knowing HIV positive.
  184  440.10(1)(g)        2nd   Failure to obtain workers’ compensation coverage.
  185  440.105(5)          2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  186  440.381(2)          2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  187  624.401(4)(b)2.     2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  188  626.902(1)(c)       2nd   Representing an unauthorized insurer; repeat offender.
  189  790.01(2)           3rd   Carrying a concealed firearm.              
  190  790.162             2nd   Threat to throw or discharge destructive device.
  191  790.163(1)          2nd   False report of deadly explosive or weapon of mass destruction.
  192  790.221(1)          2nd   Possession of short-barreled shotgun or machine gun.
  193  790.23              2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  194  800.04(6)(c)        3rd   Lewd or lascivious conduct; offender less than 18 years.
  195  800.04(7)(b)        2nd   Lewd or lascivious exhibition; offender 18 years or older.
  196  806.111(1)          3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  197  812.0145(2)(b)      2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  198  812.015(8)          3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  199  812.019(1)          2nd   Stolen property; dealing in or trafficking in.
  200  812.131(2)(b)       3rd   Robbery by sudden snatching.               
  201  812.16(2)           3rd   Owning, operating, or conducting a chop shop.
  202  817.034(4)(a)2.     2nd   Communications fraud, value $20,000 to $50,000.
  203  817.234(11)(b)      2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  204  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.
  205  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 individuals.
  206  817.625(2)(b)       2nd   Second or subsequent fraudulent use of scanning device or reencoder.
  207  825.1025(4)         3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  208  827.071(4)          2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  209  827.071(5)          3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  210  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.
  211  843.01              3rd   Resist officer with violence to person; resist arrest with violence.
  212  847.0135(5)(b)      2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  213  847.0137 (2) & (3)  3rd   Transmission of pornography by electronic device or equipment.
  214  847.0138 (2) & (3)  3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  215  874.05(2)           2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  216  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).
  217  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.
  218  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.
  219  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.
  220  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.
  221  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).
  222  893.1351(1)         3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  223         Section 9. Except as otherwise expressly provided in this
  224  act, this act shall take effect July 1, 2012.