Florida Senate - 2015                                    SB 1120
       
       
        
       By Senator Altman
       
       
       
       
       
       16-01052-15                                           20151120__
    1                        A bill to be entitled                      
    2         An act relating to illegal ivory articles and
    3         rhinoceros horns; creating s. 379.2376, F.S.; defining
    4         terms; prohibiting the manufacture, sale, purchase,
    5         and distribution of ivory articles and rhinoceros
    6         horns; providing exceptions and penalties; directing
    7         the Fish and Wildlife Conservation Commission to adopt
    8         rules, post information on its website, and submit a
    9         report to the Legislature; amending s. 379.4015, F.S.;
   10         specifying applicability of penalty provisions
   11         relating to the illegal manufacture, sale, purchase,
   12         or distribution of ivory articles and rhinoceros
   13         horns; providing a directive to the Division of Law
   14         Revision and Information; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 379.2376, Florida Statutes, is created
   19  to read:
   20         379.2376 Illegal ivory articles and rhinoceros horns.—
   21         (1) As used in this section, the term:
   22         (a) “Distribute” means a transfer or change in possession
   23  with an accompanying change in legal ownership.
   24         (b) “Ivory article” means any item containing worked or raw
   25  ivory from any species of elephant or mammoth.
   26         (c) “Raw ivory” means any elephant or mammoth tusk, or any
   27  piece thereof, the surface of which, polished or unpolished, is
   28  unaltered or minimally carved.
   29         (d) “Worked ivory” means any elephant or mammoth tusk, or
   30  any piece thereof, which is not raw ivory.
   31         (2) Except as otherwise provided in this section, a person
   32  may not knowingly and willingly manufacture, sell, purchase, or
   33  distribute an ivory article or rhinoceros horn.
   34         (3) Unless such activity is prohibited by federal law,
   35  rule, or regulation, the commission may issue a license or
   36  permit for the sale, purchase, or distribution of ivory articles
   37  or rhinoceros horns if:
   38         (a) The ivory article or rhinoceros horn is part of a bona
   39  fide antique and is less than 20 percent by volume of the
   40  antique, and the owner or seller provides historical
   41  documentation that demonstrates provenance of the item and that
   42  the item is at least 100 years old;
   43         (b) The distribution of the ivory article or rhinoceros
   44  horn is for bona fide educational or scientific purposes or for
   45  display in a State University System museum or gallery;
   46         (c) The distribution of the ivory article or rhinoceros
   47  horn is to a legal beneficiary of a trust or to an heir or
   48  distributee of an estate; or
   49         (d) The ivory article or rhinoceros horn is part of a
   50  musical instrument, including, but not limited to, a string or
   51  wind instrument or piano, and the owner or seller provides
   52  historical documentation that demonstrates provenance of the
   53  item and that the item was manufactured no later than 1975.
   54         (4) A violation of this section is punishable as provided
   55  in s. 379.4015.
   56         (5)(a) The commission shall adopt rules to implement this
   57  section.
   58         (b) Within 30 days after the effective date of this act,
   59  the commission shall post on its website information regarding
   60  the prohibition on the manufacture, sale, purchase, and
   61  distribution of ivory articles and rhinoceros horns.
   62         (c) By January 1, 2020, the commission shall submit a
   63  report to the Legislature outlining enforcement activities
   64  pursuant to this section and recommendations for any necessary
   65  changes.
   66         Section 2. Paragraph (a) of subsection (1), paragraph (a)
   67  of subsection (4), and paragraph (a) of subsection (6) of
   68  section 379.4015, Florida Statutes, are amended to read:
   69         379.4015 Nonnative and captive wildlife penalties.—
   70         (1) LEVEL ONE.—Unless otherwise provided by law, the
   71  following classifications and penalties apply:
   72         (a) A person commits a Level One violation if he or she
   73  violates any of the following provisions:
   74         1. Rules or orders of the commission requiring free permits
   75  or other authorizations to possess captive wildlife.
   76         2. Rules or orders of the commission relating to the filing
   77  of reports or other documents required of persons who are
   78  licensed to possess captive wildlife.
   79         3. Rules or orders of the commission requiring permits to
   80  possess captive wildlife for which a fee is charged, when the
   81  person being charged was issued the permit and the permit has
   82  expired less than 1 year prior to the violation.
   83         4. Rules or orders of the commission requiring a license or
   84  permit to sell, purchase, or distribute ivory articles or
   85  rhinoceros horns.
   86         (4) LEVEL FOUR.—Unless otherwise provided by law, the
   87  following classifications and penalties apply:
   88         (a) A person commits a Level Four violation if he or she
   89  violates:
   90         1. Any Level Three provision after the permanent revocation
   91  of a license or permit.
   92         2. Any rules or orders of the commission relating to the
   93  manufacture, sale, purchase, or distribution of ivory articles
   94  or rhinoceros horns where the value of the ivory articles or
   95  rhinoceros horns exceeds $25,000.
   96         (6) CIVIL PENALTY.—
   97         (a) In addition to other applicable penalties, the
   98  commission may impose against any person, party, firm,
   99  association, or corporation convicted of a criminal violation of
  100  any provision of s. 379.231, s. 379.2376, s. 379.372, s.
  101  379.3761, or s. 379.3762 a civil penalty of not more than $5,000
  102  for each animal, ivory article, or rhinoceros horn, unless
  103  otherwise authorized pursuant to subparagraphs 1.-6. 1.-5. For
  104  all related violations attributable to a specific violator, the
  105  total civil penalty may not exceed $10,000 for each assessment
  106  for each animal, ivory article, or rhinoceros horn.
  107         1. The history of noncompliance of the violator for any
  108  previous violation of this chapter or rules or orders of the
  109  commission shall be considered in determining the amount of the
  110  civil penalty.
  111         2. The direct economic benefit gained by the violator from
  112  the violation may be added to the scheduled civil penalty.
  113         3. The costs incurred by the commission related to the
  114  escape, recovery, and care of the wildlife for which the
  115  violation was issued shall be added to the civil penalty.
  116         4. The civil penalty assessed for a violation may not
  117  exceed $5,000 for each animal unless:
  118         a. The violator has a history of noncompliance;
  119         b. The economic benefit of the violation exceeds $5,000; or
  120         c. The costs incurred by the commission related to the
  121  escape, recovery, and care of the wildlife for which the
  122  violation was issued exceeds $5,000.
  123         5. If the violation was an act prohibited by s. 379.2376,
  124  the civil penalty may not exceed $3,000 or two times the value
  125  of the article involved, whichever is greater. If the violation
  126  is a second or subsequent violation of s. 379.2376, the civil
  127  penalty may not exceed $6,000 or three times the value of the
  128  article involved, whichever is greater.
  129         6.5. The civil penalty assessed pursuant to this subsection
  130  may be reduced by the commission for mitigating circumstances,
  131  including good faith efforts to comply before or after discovery
  132  of the violations by the commission.
  133         Section 3. The Division of Law Revision and Information is
  134  directed to replace the phrase “the effective date of this act”
  135  wherever it occurs in this act with the date the act becomes a
  136  law.
  137         Section 4. This act shall take effect upon becoming a law.