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.