Bill Text: FL S1470 | 2016 | Regular Session | Enrolled
Bill Title: Crustaceans
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-08 - Chapter No. 2016-208 [S1470 Detail]
Download: Florida-2016-S1470-Enrolled.html
ENROLLED
2016 Legislature CS for SB 1470
20161470er
1
2 An act relating to crustaceans; amending s. 379.365,
3 F.S.; revising the administrative penalties for
4 violations related to stone crab traps; amending s.
5 379.3671, F.S.; revising the administrative penalties
6 for violations related to spiny lobster traps;
7 amending s. 379.407, F.S.; prohibiting the possession
8 of undersized spiny lobsters by certain persons;
9 specifying that each undersized spiny lobster may be
10 charged as a separate offense of certain violations;
11 specifying maximum penalties for such violations;
12 specifying the criminal and administrative penalties
13 for violations related to undersized spiny lobsters;
14 amending s. 921.0022, F.S.; revising the offense
15 severity ranking chart to include certain violations
16 related to stone crabs and spiny lobsters; providing
17 an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (a) of subsection (2) of section
22 379.365, Florida Statutes, is amended to read:
23 379.365 Stone crab; regulation.—
24 (2) PENALTIES.—For purposes of this subsection, conviction
25 is any disposition other than acquittal or dismissal, regardless
26 of whether the violation was adjudicated under any state or
27 federal law.
28 (a) It is unlawful to violate commission rules regulating
29 stone crab trap certificates and trap tags. A No person may not
30 use an expired tag or a stone crab trap tag not issued by the
31 commission or possess or use a stone crab trap in or on state
32 waters or adjacent federal waters without having a trap tag
33 required by the commission firmly attached thereto.
34 1. In addition to any other penalties provided in s.
35 379.407, for a any commercial harvester who violates this
36 paragraph, the following administrative penalties apply:.
37 a. For a first violation, the commission shall assess an
38 additional administrative penalty of up to $1,000.
39 b. For a second violation that occurs within 24 months
40 after of any previous such violation, the commission shall
41 assess an additional administrative penalty of up to $2,000, and
42 the stone crab endorsement under which the violation was
43 committed may be suspended for 12 calendar months.
44 c. For a third violation that occurs within 36 months after
45 of any two previous two such violations, the commission shall
46 assess an additional administrative penalty of up to $5,000, and
47 the stone crab endorsement under which the violation was
48 committed may be suspended for 24 calendar months.
49 d. A fourth violation that occurs within 48 months after of
50 any three previous such violations, shall result in permanent
51 revocation of all of the violator’s saltwater fishing
52 privileges, including having the commission proceed against the
53 endorsement holder’s saltwater products license in accordance
54 with s. 379.407.
55 2. Any other person who violates the provisions of this
56 paragraph commits a Level Two violation under s. 379.401.
57
58 A Any commercial harvester assessed an administrative penalty
59 under this paragraph shall, within 30 calendar days after
60 notification, pay the administrative penalty to the commission,
61 or request an administrative hearing under ss. 120.569 and
62 120.57. The proceeds of all administrative penalties collected
63 under this paragraph shall be deposited in the Marine Resources
64 Conservation Trust Fund.
65 Section 2. Paragraph (c) of subsection (2) of section
66 379.3671, Florida Statutes, is amended to read:
67 379.3671 Spiny lobster trap certificate program.—
68 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
69 PENALTIES.—The Fish and Wildlife Conservation Commission shall
70 establish a trap certificate program for the spiny lobster
71 fishery of this state and shall be responsible for its
72 administration and enforcement as follows:
73 (c) Prohibitions; penalties.—
74 1. It is unlawful for A person may not to possess or use a
75 spiny lobster trap in or on state waters or adjacent federal
76 waters without having affixed thereto the trap tag required by
77 this section. It is unlawful for A person may not to possess or
78 use any other gear or device designed to attract and enclose or
79 otherwise aid in the taking of spiny lobster by trapping that is
80 not a trap as defined by commission rule.
81 2. It is unlawful for A person may not to possess or use
82 spiny lobster trap tags without having the necessary number of
83 certificates on record as required by this section.
84 3. A It is unlawful for any person may not to willfully
85 molest, take possession of, or remove the contents of another
86 harvester’s spiny lobster trap without the express written
87 consent of the trap owner available for immediate inspection.
88 Unauthorized possession of another harvester’s another’s trap
89 gear or removal of another harvester’s trap contents constitutes
90 theft.
91 a. A commercial harvester who violates this subparagraph
92 shall be punished under ss. 379.367 and 379.407. A Any
93 commercial harvester receiving a judicial disposition other than
94 dismissal or acquittal on a charge of theft of or from a trap
95 pursuant to this subparagraph or s. 379.402 shall, in addition
96 to the penalties specified in ss. 379.367 and 379.407 and the
97 provisions of this section, permanently lose all of his or her
98 saltwater fishing privileges, including his or her saltwater
99 products license, spiny lobster endorsement, and all trap
100 certificates allotted to him or her through this program. In
101 such cases, trap certificates and endorsements are
102 nontransferable.
103 b. A Any commercial harvester receiving a judicial
104 disposition other than dismissal or acquittal on a charge of
105 willful molestation of a trap, in addition to the penalties
106 specified in ss. 379.367 and 379.407, shall lose all of his or
107 her saltwater fishing privileges for a period of 24 calendar
108 months.
109 c. In addition to any other penalties specified in this
110 subparagraph, a any commercial harvester charged with violating
111 this subparagraph and receiving a judicial disposition other
112 than dismissal or acquittal for violating this subparagraph or
113 s. 379.402 shall also be assessed an administrative penalty of
114 up to $5,000.
115
116 Immediately upon receiving a citation for a violation involving
117 theft of or from a trap, or molestation of a trap, and until
118 adjudicated for such a violation or, upon receipt of a judicial
119 disposition other than dismissal or acquittal of such a
120 violation, the commercial harvester committing the violation is
121 prohibited from transferring any of his or her spiny lobster
122 trap certificates and endorsements.
123 4. In addition to any other penalties provided in s.
124 379.407, a commercial harvester who violates the provisions of
125 this section or commission rules relating to spiny lobster traps
126 shall be punished as follows:
127 a. If the first violation is for a violation of
128 subparagraph 1. or subparagraph 2., the commission shall assess
129 an additional administrative penalty of up to $1,000. For all
130 other first violations, the commission shall assess an
131 additional administrative penalty of up to $500.
132 b. For a second violation of subparagraph 1. or
133 subparagraph 2. that which occurs within 24 months after of any
134 previous such violation, the commission shall assess an
135 additional administrative penalty of up to $2,000, and the spiny
136 lobster endorsement issued under s. 379.367(2) or (6) may be
137 suspended for 12 months the remainder of the current license
138 year.
139 c. For a third or subsequent violation of subparagraph 1.
140 or, subparagraph 2. that, or subparagraph 3. which occurs within
141 36 months after of any two previous two such violations, the
142 commission shall assess an additional administrative penalty of
143 up to $5,000, and may suspend the spiny lobster endorsement
144 issued under s. 379.367(2) or (6) may be suspended for a period
145 of up to 24 months or may revoke the spiny lobster endorsement
146 and, if revoking the spiny lobster endorsement, may also proceed
147 against the licenseholder’s saltwater products license in
148 accordance with the provisions of s. 379.407(2)(h).
149 d. A fourth violation that occurs within 48 months after
150 any three previous such violations shall result in permanent
151 revocation of all of the violator’s saltwater fishing
152 privileges, including having the commission proceed against the
153 endorsement holder’s saltwater products license in accordance
154 with s. 379.407.
155 e.d. Within 30 days after notification, a Any person
156 assessed an additional administrative penalty pursuant to this
157 section shall within 30 calendar days after notification:
158 (I) Pay the administrative penalty to the commission; or
159 (II) Request an administrative hearing pursuant to the
160 provisions of ss. 120.569 and 120.57.
161 f.e. The commission shall suspend the spiny lobster
162 endorsement issued under s. 379.367(2) or (6) if a for any
163 person fails failing to comply with the provisions of sub
164 subparagraph e. d.
165 5.a. A It is unlawful for any person may not to make,
166 alter, forge, counterfeit, or reproduce a spiny lobster trap tag
167 or certificate.
168 b. A It is unlawful for any person may not to knowingly
169 have in his or her possession a forged, counterfeit, or
170 imitation spiny lobster trap tag or certificate.
171 c. A It is unlawful for any person may not to barter,
172 trade, sell, supply, agree to supply, aid in supplying, or give
173 away a spiny lobster trap tag or certificate or to conspire to
174 barter, trade, sell, supply, aid in supplying, or give away a
175 spiny lobster trap tag or certificate unless such action is duly
176 authorized by the commission as provided in this chapter or in
177 the rules of the commission.
178 6.a. A Any commercial harvester who violates the provisions
179 of subparagraph 5., or a any commercial harvester who engages in
180 the commercial harvest, trapping, or possession of spiny lobster
181 without a spiny lobster endorsement as required by s. 379.367(2)
182 or (6) or during any period while such spiny lobster endorsement
183 is under suspension or revocation, commits a felony of the third
184 degree, punishable as provided in s. 775.082, s. 775.083, or s.
185 775.084.
186 b. In addition to any penalty imposed pursuant to sub
187 subparagraph a., the commission shall assess levy a fine of up
188 to twice the amount of the appropriate surcharge to be paid on
189 the fair market value of the transferred certificates, as
190 provided in subparagraph (a)1., on a any commercial harvester
191 who violates the provisions of sub-subparagraph 5.c.
192 c. In addition to any penalty imposed pursuant to sub
193 subparagraph a., a any commercial harvester receiving any
194 judicial disposition other than acquittal or dismissal for a
195 violation of subparagraph 5. shall be assessed an administrative
196 penalty of up to $5,000, and the spiny lobster endorsement under
197 which the violation was committed may be suspended for up to 24
198 calendar months. Immediately upon issuance of a citation
199 involving a violation of subparagraph 5. and until adjudication
200 of such a violation, and after receipt of any judicial
201 disposition other than acquittal or dismissal for such a
202 violation, the commercial harvester holding the spiny lobster
203 endorsement listed on the citation is prohibited from
204 transferring any spiny lobster trap certificates.
205 d. A Any other person who violates the provisions of
206 subparagraph 5. commits a Level Four violation under s. 379.401.
207 7. Before Prior to the 2010-2011 license year, any
208 certificates for which the annual certificate fee is not paid
209 for a period of 3 years shall be considered abandoned and shall
210 revert to the commission. Beginning with the 2010-2011 license
211 year, any certificate for which the annual certificate fee is
212 not paid for a period of 2 consecutive years shall be considered
213 abandoned and shall revert to the commission. During any period
214 of trap reduction, any certificates reverting to the commission
215 shall become permanently unavailable and be considered in that
216 amount to be reduced during the next license-year period.
217 Otherwise, any certificates that revert to the commission are to
218 be reallotted in such manner as provided by the commission.
219 8. The proceeds of all administrative penalties collected
220 pursuant to subparagraph 4. and all fines collected pursuant to
221 sub-subparagraph 6.b. shall be deposited into the Marine
222 Resources Conservation Trust Fund.
223 9. All traps shall be removed from the water during any
224 period of suspension or revocation.
225 10. Except as otherwise provided, a any person who violates
226 this paragraph commits a Level Two violation under s. 379.401.
227 Section 3. Subsection (5) of section 379.407, Florida
228 Statutes, is amended to read:
229 379.407 Administration; rules, publications, records;
230 penalties; injunctions.—
231 (5) PENALTIES FOR POSSESSION OF SPINY LOBSTER; CLOSED
232 SEASON AND WRUNG TAILS.—
233 (a) It is a major violation under this section for any
234 person, firm, or corporation to be in possession of spiny
235 lobster during the closed season or, while on the water, to be
236 in possession of spiny lobster tails that have been wrung or
237 separated from the body, unless such possession is allowed by
238 commission rule. A Any person, firm, or corporation that
239 violates this paragraph subsection is subject to the following
240 penalties as follows:
241 1.(a) A first violation is a misdemeanor of the second
242 degree, punishable as provided in s. 775.082 or s. 775.083. If
243 the violation involves 25 or more lobster, the violation is a
244 misdemeanor of the first degree, punishable as provided in s.
245 775.082 or s. 775.083.
246 2.(b) A second violation is a misdemeanor of the first
247 degree, punishable as provided in s. 775.082 or s. 775.083, and
248 such person is subject to a suspension of his or her all license
249 privileges under this chapter for a period not to exceed 90
250 days.
251 3.(c) A third violation is a misdemeanor of the first
252 degree, punishable as provided in s. 775.082 or s. 775.083, with
253 a mandatory minimum term of imprisonment of 6 months, and such
254 person may be assessed a civil penalty of up to $2,500 and is
255 subject to a suspension of all license privileges under this
256 chapter for a period not to exceed 6 months.
257 4.(d) A third violation within 1 year after a second
258 violation is a felony of the third degree, punishable as
259 provided in s. 775.082 or s. 775.083, with a mandatory minimum
260 term of imprisonment of 1 year, and such person shall be
261 assessed a civil penalty of $5,000 and all license privileges
262 under this chapter shall be permanently revoked.
263 5.(e) A fourth or subsequent violation is a felony of the
264 third degree, punishable as provided in s. 775.082 or s.
265 775.083, with a mandatory minimum term of imprisonment of 1
266 year, and such person shall be assessed a civil penalty of
267 $5,000 and all license privileges under this chapter shall be
268 permanently revoked.
269 (b) It is a major violation under this section for a
270 recreational or commercial harvester to possess an undersized
271 spiny lobster, unless authorized by commission rule. For
272 violations of this paragraph involving fewer than 100 undersized
273 spiny lobsters, each undersized spiny lobster may be charged as
274 a separate offense under subparagraphs 1. and 2. However, the
275 total penalties assessed under subparagraphs 1. and 2. for any
276 one scheme or course of conduct may not exceed 4 years’
277 imprisonment and a fine of $4,000 under such subparagraphs. A
278 person who violates this paragraph is subject to the following
279 penalties:
280 1. A first violation is a misdemeanor of the second degree,
281 punishable as provided in s. 775.082 or s. 775.083.
282 2. A second or subsequent violation is a misdemeanor of the
283 first degree, punishable as provided in s. 775.082 or s.
284 775.083.
285 3. If a violation involves 100 or more undersized spiny
286 lobsters, the violation is a felony of the third degree,
287 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
288 and a mandatory civil fine of at least $500. In addition, the
289 commission shall assess the violator with an administrative
290 penalty of up to $2,000 and may suspend the violator’s license
291 privileges under this chapter for a period of up to 12 months.
292 Section 4. Paragraph (e) of subsection (3) of section
293 921.0022, Florida Statutes, is amended to read:
294 921.0022 Criminal Punishment Code; offense severity ranking
295 chart.—
296 (3) OFFENSE SEVERITY RANKING CHART
297 (e) LEVEL 5
298
299 FloridaStatute FelonyDegree Description
300 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
301 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
302 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
303 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
304 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
305 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
306 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
307 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
308 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
309 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
310 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
311 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
312 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
313 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
314 790.01(2) 3rd Carrying a concealed firearm.
315 790.162 2nd Threat to throw or discharge destructive device.
316 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
317 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
318 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
319 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
320 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
321 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
322 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
323 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
324 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
325 812.019(1) 2nd Stolen property; dealing in or trafficking in.
326 812.131(2)(b) 3rd Robbery by sudden snatching.
327 812.16(2) 3rd Owning, operating, or conducting a chop shop.
328 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
329 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
330 817.2341(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.
331 817.568(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.
332 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
333 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
334 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
335 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
336 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
337 843.01 3rd Resist officer with violence to person; resist arrest with violence.
338 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
339 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
340 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
341 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
342 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
343 893.13(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).
344 893.13(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.
345 893.13(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.
346 893.13(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.
347 893.13(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.
348 893.13(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).
349 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
350
351 Section 5. This act shall take effect October 1, 2016.
