Florida Senate - 2012 CS for SB 804
By the Committees on Environmental Preservation and
Conservation; and Environmental Preservation and Conservation
592-01540-12 2012804c1
1 A bill to be entitled
2 An act relating to fish and wildlife conservation;
3 amending s. 379.208, F.S.; changing a funding source
4 of the Marine Resources Conservation Trust Fund from
5 excise taxes to vessel registration fees; removing the
6 provision requiring that undistributed funds be
7 carried over to the next fiscal year; repealing s.
8 379.2342(2), F.S., relating to the publication of the
9 Florida Wildlife Magazine and the Florida Wildlife
10 Magazine Advisory Council; amending s. 379.3581, F.S.;
11 deleting provisions that restrict the special
12 authorization to hunt under supervision to 1 year and
13 that prohibit issuing the special authorization to the
14 same person more than once; amending s. 379.366, F.S.;
15 reducing the fee for soft-shell blue crab
16 endorsements; amending s. 921.0022, F.S.; adding to
17 the offense severity ranking chart, to be used with
18 the Criminal Punishment Code for sentence score,
19 willful molestation of a commercial harvester’s spiny
20 lobster trap, line, or buoy or the unauthorized
21 possession or removal of trap contents or trap gear;
22 providing effective dates.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (3) of section 379.208, Florida
27 Statutes, is amended to read:
28 379.208 Marine Resources Conservation Trust Fund;
29 purposes.—
30 (3) Funds provided to the Marine Resources Conservation
31 Trust Fund from vessel registration fees pursuant to s. 328.76
32 may taxes distributed under s. 201.15 shall be used for the
33 following purposes:
34 (a) To reimburse the cost of activities authorized pursuant
35 to the Fish and Wildlife Service of the United States Department
36 of the Interior. The facilities must be involved in the actual
37 rescue and full-time acute care veterinarian-based
38 rehabilitation of manatees. The cost of activities includes, but
39 is not limited to, costs associated with expansion, capital
40 outlay, repair, maintenance, and operation related to the
41 rescue, treatment, stabilization, maintenance, release, and
42 monitoring of manatees. Moneys distributed through the
43 contractual agreement to each facility for manatee
44 rehabilitation must be proportionate to the number of manatees
45 under acute care rehabilitation; the number of maintenance days
46 medically necessary in the facility; and the number released
47 during the previous fiscal year. The commission may set a cap on
48 the total amount reimbursed per manatee per year.
49 (b) For training on the care, treatment, and rehabilitation
50 of marine mammals at the Whitney Laboratory and the College of
51 Veterinary Medicine at the University of Florida.
52 (c) For program administration costs of the agency.
53 (d) Funds not distributed in any 1 fiscal year must be
54 carried over for distribution in subsequent years.
55 Section 2. Subsection (2) of section 379.2342, Florida
56 Statutes, is repealed.
57 Section 3. Paragraph (b) of subsection (2) of section
58 379.3581, Florida Statutes, is amended to read:
59 379.3581 Hunter safety course; requirements; penalty.—
60 (2)
61 (b) A person born on or after June 1, 1975, who has not
62 successfully completed a hunter safety course may apply to the
63 commission for a special authorization to hunt under
64 supervision. The special authorization for supervised hunting
65 shall be designated on any license or permit required under this
66 chapter for a person to take game or fur-bearing animals and
67 shall be valid for not more than 1 year. A special authorization
68 for supervised hunting may not be issued more than once to the
69 person applying for such authorization. A person issued a
70 license with a special authorization to hunt under supervision
71 must hunt under the supervision of, and in the presence of, a
72 person 21 years or age or older who is licensed to hunt pursuant
73 to s. 379.354 or who is exempt from licensing requirements or
74 eligible for a free license pursuant to s. 379.353.
75 Section 4. Effective upon the commencement of the 2012-2013
76 blue crab license year, paragraph (a) of subsection (3) of
77 section 379.366, Florida Statutes, is amended to read:
78 379.366 Blue crab; regulation.—
79 (3)(a) Endorsement fees.—
80 1. The fee for a hard-shell blue crab endorsement for the
81 taking of hard-shell blue crabs, as authorized by rule of the
82 commission, is $125, $25 of which must be used solely for the
83 trap retrieval program authorized under s. 379.2424 and in
84 commission rules.
85 2. The fee for a soft-shell blue crab endorsement for the
86 taking of soft-shell blue crabs, as authorized by rule of the
87 commission, is $125 $250, $25 of which must be used solely for
88 the trap retrieval program authorized under s. 379.2424 and in
89 commission rules.
90 3. The fee for a nontransferable hard-shell blue crab
91 endorsement for the taking of hard-shell blue crabs, as
92 authorized by rule of the commission, is $125, $25 of which must
93 be used solely for the trap retrieval program authorized under
94 s. 379.2424 and in commission rules.
95 4. The fee for an incidental take blue crab endorsement for
96 the taking of blue crabs as bycatch in shrimp trawls and stone
97 crab traps is $25, as authorized in commission rules.
98 Section 5. Paragraph (e) of subsection (3) of section
99 921.0022, Florida Statutes, is amended to read:
100 921.0022 Criminal Punishment Code; offense severity ranking
101 chart.—
102 (3) OFFENSE SEVERITY RANKING CHART
103 (e) LEVEL 5
104 FloridaStatute FelonyDegree Description
105 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
106 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
107 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
108 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
109 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
110 379.3671(2)(c)3. 3rd Willful molestation or unauthorized possession or removal of a commercial harvester’s spiny lobster trap contents or trap gear.
111 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
112 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
113 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
114 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
115 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
116 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
117 790.01(2) 3rd Carrying a concealed firearm.
118 790.162 2nd Threat to throw or discharge destructive device.
119 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
120 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
121 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
122 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
123 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older.
124 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
125 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
126 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
127 812.019(1) 2nd Stolen property; dealing in or trafficking in.
128 812.131(2)(b) 3rd Robbery by sudden snatching.
129 812.16(2) 3rd Owning, operating, or conducting a chop shop.
130 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
131 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
132 817.2341(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.
133 817.568(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.
134 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
135 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
136 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
137 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
138 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
139 843.01 3rd Resist officer with violence to person; resist arrest with violence.
140 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
141 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
142 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
143 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
144 893.13(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).
145 893.13(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.
146 893.13(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.
147 893.13(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.
148 893.13(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.
149 893.13(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).
150 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
151 Section 6. Except as otherwise expressly provided in this
152 act, this act shall take effect July 1, 2012.