Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1470
Ì954882HÎ954882
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/09/2016 .
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The Committee on Environmental Preservation and Conservation
(Evers) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (2) of section
6 379.365, Florida Statutes, is amended to read:
7 379.365 Stone crab; regulation.—
8 (2) PENALTIES.—For purposes of this subsection, conviction
9 is any disposition other than acquittal or dismissal, regardless
10 of whether the violation was adjudicated under any state or
11 federal law.
12 (a) It is unlawful to violate commission rules regulating
13 stone crab trap certificates and trap tags. A No person may not
14 use an expired tag or a stone crab trap tag not issued by the
15 commission or possess or use a stone crab trap in or on state
16 waters or adjacent federal waters without having a trap tag
17 required by the commission firmly attached thereto.
18 1. In addition to any other penalties provided in s.
19 379.407, for a any commercial harvester who violates this
20 paragraph, the following administrative penalties apply:.
21 a. For a first violation, the commission shall assess an
22 additional administrative penalty of up to $1,000.
23 b. For a second violation that occurs within 24 months
24 after of any previous such violation, the commission shall
25 assess an additional administrative penalty of up to $2,000, and
26 the stone crab endorsement under which the violation was
27 committed may be suspended for 12 calendar months.
28 c. For a third violation that occurs within 36 months after
29 of any two previous two such violations, the commission shall
30 assess an additional administrative penalty of up to $5,000, and
31 the stone crab endorsement under which the violation was
32 committed may be suspended for 24 calendar months.
33 d. A fourth violation that occurs within 48 months after of
34 any three previous such violations, shall result in permanent
35 revocation of all of the violator’s saltwater fishing
36 privileges, including having the commission proceed against the
37 endorsement holder’s saltwater products license in accordance
38 with s. 379.407.
39 2. Any other person who violates the provisions of this
40 paragraph commits a Level Two violation under s. 379.401.
41
42 A Any commercial harvester assessed an administrative penalty
43 under this paragraph shall, within 30 calendar days after
44 notification, pay the administrative penalty to the commission,
45 or request an administrative hearing under ss. 120.569 and
46 120.57. The proceeds of all administrative penalties collected
47 under this paragraph shall be deposited in the Marine Resources
48 Conservation Trust Fund.
49 Section 2. Paragraph (c) of subsection (2) of section
50 379.3671, Florida Statutes, is amended to read:
51 379.3671 Spiny lobster trap certificate program.—
52 (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
53 PENALTIES.—The Fish and Wildlife Conservation Commission shall
54 establish a trap certificate program for the spiny lobster
55 fishery of this state and shall be responsible for its
56 administration and enforcement as follows:
57 (c) Prohibitions; penalties.—
58 1. It is unlawful for A person may not to possess or use a
59 spiny lobster trap in or on state waters or adjacent federal
60 waters without having affixed thereto the trap tag required by
61 this section. It is unlawful for A person may not to possess or
62 use any other gear or device designed to attract and enclose or
63 otherwise aid in the taking of spiny lobster by trapping that is
64 not a trap as defined by commission rule.
65 2. It is unlawful for A person may not to possess or use
66 spiny lobster trap tags without having the necessary number of
67 certificates on record as required by this section.
68 3. A It is unlawful for any person may not to willfully
69 molest, take possession of, or remove the contents of another
70 harvester’s spiny lobster trap without the express written
71 consent of the trap owner available for immediate inspection.
72 Unauthorized possession of another harvester’s another’s trap
73 gear or removal of another harvester’s trap contents constitutes
74 theft.
75 a. A commercial harvester who violates this subparagraph
76 shall be punished under ss. 379.367 and 379.407. A Any
77 commercial harvester receiving a judicial disposition other than
78 dismissal or acquittal on a charge of theft of or from a trap
79 pursuant to this subparagraph or s. 379.402 shall, in addition
80 to the penalties specified in ss. 379.367 and 379.407 and the
81 provisions of this section, permanently lose all of his or her
82 saltwater fishing privileges, including his or her saltwater
83 products license, spiny lobster endorsement, and all trap
84 certificates allotted to him or her through this program. In
85 such cases, trap certificates and endorsements are
86 nontransferable.
87 b. A Any commercial harvester receiving a judicial
88 disposition other than dismissal or acquittal on a charge of
89 willful molestation of a trap, in addition to the penalties
90 specified in ss. 379.367 and 379.407, shall lose all of his or
91 her saltwater fishing privileges for a period of 24 calendar
92 months.
93 c. In addition to any other penalties specified in this
94 subparagraph, a any commercial harvester charged with violating
95 this subparagraph and receiving a judicial disposition other
96 than dismissal or acquittal for violating this subparagraph or
97 s. 379.402 shall also be assessed an administrative penalty of
98 up to $5,000.
99
100 Immediately upon receiving a citation for a violation involving
101 theft of or from a trap, or molestation of a trap, and until
102 adjudicated for such a violation or, upon receipt of a judicial
103 disposition other than dismissal or acquittal of such a
104 violation, the commercial harvester committing the violation is
105 prohibited from transferring any of his or her spiny lobster
106 trap certificates and endorsements.
107 4. In addition to any other penalties provided in s.
108 379.407, a commercial harvester who violates the provisions of
109 this section or commission rules relating to spiny lobster traps
110 shall be punished as follows:
111 a. If the first violation is for a violation of
112 subparagraph 1. or subparagraph 2., the commission shall assess
113 an additional administrative penalty of up to $1,000. For all
114 other first violations, the commission shall assess an
115 additional administrative penalty of up to $500.
116 b. For a second violation of subparagraph 1. or
117 subparagraph 2. that which occurs within 24 months after of any
118 previous such violation, the commission shall assess an
119 additional administrative penalty of up to $2,000, and the spiny
120 lobster endorsement issued under s. 379.367(2) or (6) may be
121 suspended for 12 months the remainder of the current license
122 year.
123 c. For a third or subsequent violation of subparagraph 1.
124 or, subparagraph 2. that, or subparagraph 3. which occurs within
125 36 months after of any two previous two such violations, the
126 commission shall assess an additional administrative penalty of
127 up to $5,000, and may suspend the spiny lobster endorsement
128 issued under s. 379.367(2) or (6) may be suspended for a period
129 of up to 24 months or may revoke the spiny lobster endorsement
130 and, if revoking the spiny lobster endorsement, may also proceed
131 against the licenseholder’s saltwater products license in
132 accordance with the provisions of s. 379.407(2)(h).
133 d. A fourth violation that occurs within 48 months after
134 any three previous such violations shall result in permanent
135 revocation of all of the violator’s saltwater fishing
136 privileges, including having the commission proceed against the
137 endorsement holder’s saltwater products license in accordance
138 with s. 379.407.
139 e.d. Within 30 days after notification, a Any person
140 assessed an additional administrative penalty pursuant to this
141 section shall within 30 calendar days after notification:
142 (I) Pay the administrative penalty to the commission; or
143 (II) Request an administrative hearing pursuant to the
144 provisions of ss. 120.569 and 120.57.
145 f.e. The commission shall suspend the spiny lobster
146 endorsement issued under s. 379.367(2) or (6) if a for any
147 person fails failing to comply with the provisions of sub
148 subparagraph e. d.
149 5.a. A It is unlawful for any person may not to make,
150 alter, forge, counterfeit, or reproduce a spiny lobster trap tag
151 or certificate.
152 b. A It is unlawful for any person may not to knowingly
153 have in his or her possession a forged, counterfeit, or
154 imitation spiny lobster trap tag or certificate.
155 c. A It is unlawful for any person may not to barter,
156 trade, sell, supply, agree to supply, aid in supplying, or give
157 away a spiny lobster trap tag or certificate or to conspire to
158 barter, trade, sell, supply, aid in supplying, or give away a
159 spiny lobster trap tag or certificate unless such action is duly
160 authorized by the commission as provided in this chapter or in
161 the rules of the commission.
162 6.a. A Any commercial harvester who violates the provisions
163 of subparagraph 5., or a any commercial harvester who engages in
164 the commercial harvest, trapping, or possession of spiny lobster
165 without a spiny lobster endorsement as required by s. 379.367(2)
166 or (6) or during any period while such spiny lobster endorsement
167 is under suspension or revocation, commits a felony of the third
168 degree, punishable as provided in s. 775.082, s. 775.083, or s.
169 775.084.
170 b. In addition to any penalty imposed pursuant to sub
171 subparagraph a., the commission shall assess levy a fine of up
172 to twice the amount of the appropriate surcharge to be paid on
173 the fair market value of the transferred certificates, as
174 provided in subparagraph (a)1., on a any commercial harvester
175 who violates the provisions of sub-subparagraph 5.c.
176 c. In addition to any penalty imposed pursuant to sub
177 subparagraph a., a any commercial harvester receiving any
178 judicial disposition other than acquittal or dismissal for a
179 violation of subparagraph 5. shall be assessed an administrative
180 penalty of up to $5,000, and the spiny lobster endorsement under
181 which the violation was committed may be suspended for up to 24
182 calendar months. Immediately upon issuance of a citation
183 involving a violation of subparagraph 5. and until adjudication
184 of such a violation, and after receipt of any judicial
185 disposition other than acquittal or dismissal for such a
186 violation, the commercial harvester holding the spiny lobster
187 endorsement listed on the citation is prohibited from
188 transferring any spiny lobster trap certificates.
189 d. A Any other person who violates the provisions of
190 subparagraph 5. commits a Level Four violation under s. 379.401.
191 7. Before Prior to the 2010-2011 license year, any
192 certificates for which the annual certificate fee is not paid
193 for a period of 3 years shall be considered abandoned and shall
194 revert to the commission. Beginning with the 2010-2011 license
195 year, any certificate for which the annual certificate fee is
196 not paid for a period of 2 consecutive years shall be considered
197 abandoned and shall revert to the commission. During any period
198 of trap reduction, any certificates reverting to the commission
199 shall become permanently unavailable and be considered in that
200 amount to be reduced during the next license-year period.
201 Otherwise, any certificates that revert to the commission are to
202 be reallotted in such manner as provided by the commission.
203 8. The proceeds of all administrative penalties collected
204 pursuant to subparagraph 4. and all fines collected pursuant to
205 sub-subparagraph 6.b. shall be deposited into the Marine
206 Resources Conservation Trust Fund.
207 9. All traps shall be removed from the water during any
208 period of suspension or revocation.
209 10. Except as otherwise provided, a any person who violates
210 this paragraph commits a Level Two violation under s. 379.401.
211 Section 3. Subsection (5) of section 379.407, Florida
212 Statutes, is amended to read:
213 379.407 Administration; rules, publications, records;
214 penalties; injunctions.—
215 (5) PENALTIES FOR POSSESSION OF SPINY LOBSTER; CLOSED
216 SEASON AND WRUNG TAILS.—
217 (a) It is a major violation under this section for any
218 person, firm, or corporation to be in possession of spiny
219 lobster during the closed season or, while on the water, to be
220 in possession of spiny lobster tails that have been wrung or
221 separated from the body, unless such possession is allowed by
222 commission rule. A Any person, firm, or corporation that
223 violates this paragraph subsection is subject to the following
224 penalties as follows:
225 1.(a) A first violation is a misdemeanor of the second
226 degree, punishable as provided in s. 775.082 or s. 775.083. If
227 the violation involves 25 or more lobster, the violation is a
228 misdemeanor of the first degree, punishable as provided in s.
229 775.082 or s. 775.083.
230 2.(b) A second violation is a misdemeanor of the first
231 degree, punishable as provided in s. 775.082 or s. 775.083, and
232 such person is subject to a suspension of his or her all license
233 privileges under this chapter for a period not to exceed 90
234 days.
235 3.(c) A third violation is a misdemeanor of the first
236 degree, punishable as provided in s. 775.082 or s. 775.083, with
237 a mandatory minimum term of imprisonment of 6 months, and such
238 person may be assessed a civil penalty of up to $2,500 and is
239 subject to a suspension of all license privileges under this
240 chapter for a period not to exceed 6 months.
241 4.(d) A third violation within 1 year after a second
242 violation is a felony of the third degree, punishable as
243 provided in s. 775.082 or s. 775.083, with a mandatory minimum
244 term of imprisonment of 1 year, and such person shall be
245 assessed a civil penalty of $5,000 and all license privileges
246 under this chapter shall be permanently revoked.
247 5.(e) A fourth or subsequent violation is a felony of the
248 third degree, punishable as provided in s. 775.082 or s.
249 775.083, with a mandatory minimum term of imprisonment of 1
250 year, and such person shall be assessed a civil penalty of
251 $5,000 and all license privileges under this chapter shall be
252 permanently revoked.
253 (b) It is a major violation under this section for a
254 recreational or commercial harvester to possess an undersized
255 spiny lobster, unless authorized by commission rule. For
256 violations of this paragraph involving fewer than 100 undersized
257 spiny lobsters, each undersized spiny lobster may be charged as
258 a separate offense under subparagraphs 1. and 2. However, the
259 total penalties assessed under subparagraphs 1. and 2. for any
260 one scheme or course of conduct may not exceed 4 years’
261 imprisonment and a fine of $4,000 under such subparagraphs. A
262 person who violates this paragraph is subject to the following
263 penalties:
264 1. A first violation is a misdemeanor of the second degree,
265 punishable as provided in s. 775.082 or s. 775.083.
266 2. A second or subsequent violation is a misdemeanor of the
267 first degree, punishable as provided in s. 775.082 or s.
268 775.083.
269 3. If a violation involves 100 or more undersized spiny
270 lobsters, the violation is a felony of the third degree,
271 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
272 and a mandatory civil fine of at least $500. In addition, the
273 commission shall assess the violator with an administrative
274 penalty of up to $2,000 and may suspend the violator’s license
275 privileges under this chapter for a period of up to 12 months.
276 Section 4. Paragraph (e) of subsection (3) of section
277 921.0022, Florida Statutes, is amended to read:
278 921.0022 Criminal Punishment Code; offense severity ranking
279 chart.—
280 (3) OFFENSE SEVERITY RANKING CHART
281 (e) LEVEL 5
282
283 FloridaStatute FelonyDegree Description
284 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
285 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
286 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
287 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
288 379.365(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.
289 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
290 379.3671(2)(c)3. 3rd Willful molestation, possession, or removal of a commercial harvester’s trap contents or trap gear by another harvester.
291 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
292 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
293 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
294 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
295 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
296 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
297 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
298 790.01(2) 3rd Carrying a concealed firearm.
299 790.162 2nd Threat to throw or discharge destructive device.
300 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
301 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
302 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
303 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
304 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
305 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
306 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
307 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
308 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
309 812.019(1) 2nd Stolen property; dealing in or trafficking in.
310 812.131(2)(b) 3rd Robbery by sudden snatching.
311 812.16(2) 3rd Owning, operating, or conducting a chop shop.
312 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
313 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
314 817.2341(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.
315 817.568(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.
316 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
317 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
318 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
319 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
320 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
321 843.01 3rd Resist officer with violence to person; resist arrest with violence.
322 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
323 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment.
324 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
325 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
326 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
327 893.13(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).
328 893.13(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.
329 893.13(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.
330 893.13(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.
331 893.13(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.
332 893.13(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).
333 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
334
335 Section 5. This act shall take effect October 1, 2016.
336
337 ================= T I T L E A M E N D M E N T ================
338 And the title is amended as follows:
339 Delete everything before the enacting clause
340 and insert:
341 A bill to be entitled
342 An act relating to crustaceans; amending s. 379.365,
343 F.S.; revising the administrative penalties for
344 violations related to stone crab traps; amending s.
345 379.3671, F.S.; revising the administrative penalties
346 for violations related to spiny lobster traps;
347 amending s. 379.407, F.S.; prohibiting the possession
348 of undersized spiny lobsters by certain persons;
349 specifying that each undersized spiny lobster may be
350 charged as a separate offense of certain violations;
351 specifying maximum penalties for such violations;
352 specifying the criminal and administrative penalties
353 for violations related to undersized spiny lobsters;
354 amending s. 921.0022, F.S.; revising the offense
355 severity ranking chart to include certain violations
356 related to stone crabs and spiny lobsters; providing
357 an effective date.