CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Natural Resources & Environmental Protection

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 370.021, Florida Statutes, is

19  amended to read:

20         370.021  Administration; rules, publications, records;

21  penalties; injunctions.--

22         (1)  PENALTIES.--Unless otherwise provided by law, any

23  person, firm, or corporation who is convicted for violating

24  any provision of this chapter, or any rule of the Fish and

25  Wildlife Conservation Commission relating to the conservation

26  of marine resources, shall be punished:

27         (a)  Upon a first conviction, by imprisonment for a

28  period of not more than 60 days or by a fine of not less than

29  $100 nor more than $500, or by both such fine and

30  imprisonment.

31         (b)  On a second or subsequent conviction within 12

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  months, by imprisonment for not more than 6 months or by a

  2  fine of not less than $250 nor more than $1,000, or by both

  3  such fine and imprisonment.

  4

  5  Upon final disposition of any alleged offense for which a

  6  citation for any violation of this chapter or the rules of the

  7  commission has been issued, the court shall, within 10 days,

  8  certify the disposition to the commission.

  9         (2)  MAJOR VIOLATIONS.--In addition to the penalties

10  provided in paragraphs (1)(a) and (b), the court shall assess

11  additional penalties against any person, firm, or corporation

12  convicted of major violations as follows:

13         (a)  For a violation involving more than 100 illegal

14  blue crabs, crawfish, or stone crabs, an additional penalty of

15  $10 for each illegal blue crab, crawfish, stone crab, or part

16  thereof.

17         (b)  For a violation involving the taking or harvesting

18  of shrimp from a nursery or other prohibited area, or any two

19  violations within a 12-month period involving shrimping gear,

20  minimum size (count), or season, an additional penalty of $10

21  for each pound of illegal shrimp or part thereof.

22         (c)  For a violation involving the taking or harvesting

23  of oysters from nonapproved areas or the taking or possession

24  of unculled oysters, an additional penalty of $10 for each

25  bushel of illegal oysters.

26         (d)  For a violation involving the taking or harvesting

27  of clams from nonapproved areas, an additional penalty of $100

28  for each 500 count bag of illegal clams.

29         (e)  For a violation involving the taking, harvesting,

30  or possession of any of the following species, which are

31  endangered, threatened, or of special concern:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1         1.  Shortnose sturgeon (Acipenser brevirostrum);

  2         2.  Atlantic sturgeon (Acipenser oxyrhynchus);

  3         3.  Common snook (Centropomus undecimalis);

  4         4.  Atlantic loggerhead turtle (Caretta caretta

  5  caretta);

  6         5.  Atlantic green turtle (Chelonia mydas mydas);

  7         6.  Leatherback turtle (Dermochelys coriacea);

  8         7.  Atlantic hawksbill turtle (Eretmochelys imbricata

  9  imbracata);

10         8.  Atlantic ridley turtle (Lepidochelys kempi); or

11         9.  West Indian manatee (Trichechus manatus

12  latirostris),

13

14  an additional penalty of $100 for each unit of marine life or

15  part thereof.

16         (f)  For a second or subsequent conviction within 24

17  months for any violation of the same law or rule involving the

18  taking or harvesting of more than 100 pounds of any finfish,

19  an additional penalty of $5 for each pound of illegal finfish.

20         (g)  For any violation involving the taking,

21  harvesting, or possession of more than 1,000 pounds of any

22  illegal finfish, an additional penalty equivalent to the

23  wholesale value of the illegal finfish.

24         (h)  The proceeds from the penalties assessed pursuant

25  to this subsection shall be deposited into the Marine

26  Resources Conservation Trust Fund to be used for marine

27  fisheries research or into the commission's Federal Law

28  Enforcement Trust Fund as provided in s. 372.107, as

29  applicable.

30         (h)(i)  Permits issued to any person, firm, or

31  corporation by the commission to take or harvest saltwater

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  products, or any license issued pursuant to s. 370.06 or s.

  2  370.07 may be suspended or revoked by the commission, pursuant

  3  to the provisions and procedures of s. 120.60, for any major

  4  violation prescribed in this subsection:

  5         1.  Upon a first conviction for a major violation, for

  6  up to 30 calendar days.

  7         2.  Upon a second conviction for a violation which

  8  occurs within 12 months after a prior violation, for up to 90

  9  calendar days.

10         3.  Upon a third conviction for a violation which

11  occurs within 24 months after a prior conviction violation,

12  for up to 180 calendar days.

13         4.  Upon a fourth conviction for a violation which

14  occurs within 36 months after a prior conviction violation,

15  for a period of 6 months to 3 years.

16         (i)(j)  Upon the arrest and conviction for a major

17  violation involving stone crabs, the licenseholder must show

18  just cause why his or her license should not be suspended or

19  revoked. For the purposes of this paragraph, a "major

20  violation" means a major violation as prescribed for illegal

21  stone crabs; any single violation involving possession of more

22  than 25 stone crabs during the closed season or possession of

23  25 or more whole-bodied or egg-bearing stone crabs; any

24  violation for trap molestation, trap robbing, or pulling traps

25  at night; or any combination of violations in any

26  3-consecutive-year period wherein more than 75 illegal stone

27  crabs in the aggregate are involved.

28         (j)(k)  Upon the arrest and conviction for a major

29  violation involving crawfish, the licenseholder must show just

30  cause why his or her license should not be suspended or

31  revoked.  For the purposes of this paragraph, a "major

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  violation" means a major violation as prescribed for illegal

  2  crawfish; any single violation involving possession of more

  3  than 25 crawfish during the closed season or possession of

  4  more than 25 wrung crawfish tails or more than 25 egg-bearing

  5  or stripped crawfish; any violation for trap molestation, trap

  6  robbing, or pulling traps at night; or any combination of

  7  violations in any 3-consecutive-year period wherein more than

  8  75 illegal crawfish in the aggregate are involved.

  9         (k)(l)  Upon the arrest and conviction for a major

10  violation involving blue crabs, the licenseholder shall show

11  just cause why his or her saltwater products license should

12  not be suspended or revoked.  This paragraph shall not apply

13  to an individual fishing with no more than five traps.  For

14  the purposes of this paragraph, a "major violation" means a

15  major violation as prescribed for illegal blue crabs, any

16  single violation wherein 50 or more illegal blue crabs are

17  involved; any violation for trap molestation, trap robbing, or

18  pulling traps at night; or any combination of violations in

19  any 3-consecutive-year period wherein more than 100 illegal

20  blue crabs in the aggregate are involved.

21         (l)(m)  Upon the conviction for a major violation

22  involving finfish, the licenseholder must show just cause why

23  his or her saltwater products license should not be suspended

24  or revoked. For the purposes of this paragraph, a major

25  violation is prescribed for the taking and harvesting of

26  illegal finfish, any single violation involving the possession

27  of more than 100 pounds of illegal finfish, or any combination

28  of violations in any 3-consecutive-year period wherein more

29  than 200 pounds of illegal finfish in the aggregate are

30  involved.

31         (n)  Upon final disposition of any alleged offense for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  which a citation for any violation of this chapter or the

  2  rules of the Fish and Wildlife Conservation Commission has

  3  been issued, the court shall, within 10 days, certify the

  4  disposition to the commission.

  5         (m)(o)  For a violation involving the taking or

  6  harvesting of any marine life species, as those species are

  7  defined by rule of the commission, the harvest of which is

  8  prohibited, or the taking or harvesting of such a species out

  9  of season, or with an illegal gear or chemical, or any

10  violation involving the possession of 25 or more individual

11  specimens of marine life species, or any combination of

12  violations in any 3-year period involving more than 70 such

13  specimens in the aggregate, the suspension or revocation of

14  the licenseholder's marine life endorsement as provided in

15  paragraph (h) (i).

16

17  Notwithstanding the provisions of s. 948.01, no court may

18  suspend, defer, or withhold adjudication of guilt or

19  imposition of sentence for any major violation prescribed in

20  this subsection. The proceeds from the penalties assessed

21  pursuant to this subsection shall be deposited into the Marine

22  Resources Conservation Trust Fund to be used for marine

23  fisheries research or into the commission's Federal Law

24  Enforcement Trust Fund as provided in s. 372.107, as

25  applicable.

26         (3)  PENALTIES FOR USE OF ILLEGAL NETS.--

27         (a)  It is shall be a major violation pursuant to this

28  section, punishable subsection (3) and shall be punished as

29  provided in paragraph (b) below for any person, firm, or

30  corporation to be simultaneously in possession of any species

31  of mullet in excess of the recreational daily bag limit and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  any gill or other entangling net as defined in s. 16(c), Art.

  2  X of the State Constitution. Simultaneous possession under

  3  this provision shall include possession of mullet and gill or

  4  other entangling nets on separate vessels or vehicles where

  5  such vessels or vehicles are operated in coordination with one

  6  another including vessels towed behind a main vessel. This

  7  subsection does not prohibit a resident of this state from

  8  transporting on land, from Alabama to this state, a commercial

  9  quantity of mullet together with a gill net if:

10         1.  The person possesses a valid commercial fishing

11  license that is issued by the State of Alabama and that allows

12  the person to use a gill net to legally harvest mullet in

13  commercial quantities from Alabama waters.

14         2.  The person possesses a trip ticket issued in

15  Alabama and filled out to match the quantity of mullet being

16  transported, and the person is able to present such trip

17  ticket immediately upon entering this state.

18         3.  The mullet are to be sold to a wholesale saltwater

19  products dealer located in Escambia County or Santa Rosa

20  County, which dealer also possesses a valid seafood dealer's

21  license issued by the State of Alabama. The dealer's name must

22  be clearly indicated on the trip ticket.

23         4.  The mullet being transported are totally removed

24  from any net also being transported.

25         (b)  In addition to being subject to the other

26  penalties provided in this chapter, any violation of s. 16(b),

27  Art. X of the State Constitution, or any rules of the Fish and

28  Wildlife Conservation commission which implement the gear

29  prohibitions and restrictions specified therein shall be

30  considered a major violation; and any person, firm, or

31  corporation receiving any judicial disposition other than

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  acquittal or dismissal of such violation shall be subject to

  2  the following additional penalties:

  3         1.  For a first major violation within a 7-year period,

  4  a civil penalty of $2,500 and suspension of all saltwater

  5  products license privileges for 90 calendar days following

  6  final disposition shall be imposed.

  7         2.  For a second major violation under this paragraph

  8  charged within 7 years of a previous judicial disposition,

  9  which results in a second judicial disposition other than

10  acquittal or dismissal, a civil penalty of $5,000 and

11  suspension of all saltwater products license privileges for 12

12  months shall be imposed.

13         3.  For a third or and subsequent major violation under

14  this paragraph, charged within a 7-year period, resulting in a

15  third or subsequent judicial disposition other than acquittal

16  or dismissal, a civil penalty of $5,000, lifetime revocation

17  of the saltwater products license, and forfeiture of all gear

18  and equipment used in the violation shall be imposed.

19

20  A court may suspend, defer, or withhold adjudication of guilt

21  or imposition of sentence only for any first violation of s.

22  16, Art. X of the State Constitution, or any rule or statute

23  implementing its restrictions, determined by a court only

24  after consideration of competent evidence of mitigating

25  circumstances to be a nonflagrant or minor violation of those

26  restrictions upon the use of nets.  Any violation of s. 16,

27  Art. X of the State Constitution, or any rule or statute

28  implementing its restrictions, occurring within a 7-year

29  period commencing upon the conclusion of any judicial

30  proceeding resulting in any outcome other than acquittal shall

31  be punished as a second, third, or subsequent violation

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  accordingly.

  2         (c)  During the period of suspension or revocation of

  3  saltwater license privileges under this subsection, the

  4  licensee shall may not participate in the taking or

  5  harvesting, or attempt the taking or harvesting, of saltwater

  6  products from any vessel within the waters of the state; be

  7  aboard any vessel on which a commercial quantity of saltwater

  8  products is possessed through an activity requiring a license

  9  pursuant to this section, or engage in, or any other activity

10  requiring a license, permit, or certificate issued pursuant to

11  this chapter. Any person who is convicted of violating

12  violates this paragraph is:

13         1.  Upon a first or second conviction, is guilty of a

14  misdemeanor of the first degree, punishable as provided in s.

15  775.082 or s. 775.083 to be punished as provided by paragraph

16  (1)(a) or paragraph (1)(b).

17         2.  Upon a third or subsequent conviction, is guilty of

18  a felony of the third degree, punishable as provided in s.

19  775.082, s. 775.083, or s. 775.084.

20         (d)  Upon reinstatement of saltwater license privileges

21  suspended pursuant to a violation of this subsection section,

22  a licensee owning or operating a vessel containing or

23  otherwise transporting in or on Florida waters any gill net or

24  other entangling net, or containing or otherwise transporting

25  in nearshore and inshore Florida waters any net containing

26  more than 500 square feet of mesh area shall remain restricted

27  for a period of 12 months following reinstatement, to

28  operating operation under the following conditions:

29         1.  Vessels subject to this reinstatement period shall

30  be restricted to the corridors established by commission rule.

31         2.  A violation of the reinstatement period provisions

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  shall be punishable pursuant to paragraphs (1)(a) and (b).

  2         (e)  Rescission and revocation proceedings under this

  3  section shall be governed by chapter 120.

  4         (4)  ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS

  5  INVOLVING CERTAIN FINFISH.--It is shall be a major violation

  6  pursuant to this section, and punishable as provided in

  7  pursuant to paragraph (3)(b), for any person to be in

  8  possession of any species of trout, snook, or redfish which is

  9  three fish in excess of the recreational or commercial daily

10  bag limit.

11         (5)  BUYING SALTWATER PRODUCTS; UNLICENSED SELLERS;

12  ILLEGALLY HARVESTED PRODUCTS FROM UNLICENSED SELLER.--In

13  addition to being subject to other penalties authorized

14  provided in this chapter, any violation of s. 370.06 or s.

15  370.07, or rules of the commission implementing s. 370.06 or

16  s. 370.07, involving the purchase of saltwater products by a

17  commercial wholesale dealer, retail dealer, or restaurant

18  facility, for public consumption from an unlicensed person,

19  firm, or corporation, or the sale of saltwater products by an

20  unlicensed person, firm, or corporation or the purchase or

21  sale of any saltwater product known to be taken in violation

22  of s. 16, Art. X of the State Constitution, or rule or statute

23  implementing the provisions thereof, by a commercial wholesale

24  dealer, retail dealer, or restaurant facility, for public

25  consumption, is shall be a major violation, and the commission

26  may assess the following penalties:

27         (a)  For a first violation, the commission may assess a

28  civil penalty of up to $2,500 and may suspend the wholesale or

29  retail dealer's license privileges for up to 90 calendar days.

30         (b)  For a second violation occurring within 12 months

31  of a prior violation, the commission may assess a civil

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  penalty of up to $5,000 and may suspend the wholesale or

  2  retail dealer's license privileges for up to 180 calendar

  3  days.

  4         (c)  For a third or subsequent violation occurring

  5  within a 24-month period, the commission shall assess a civil

  6  penalty of $5,000 and shall suspend the wholesale or retail

  7  dealer's license privileges for up to 24 months.

  8

  9  Any proceeds from the civil penalties assessed pursuant to

10  this subsection shall be deposited into the Marine Resources

11  Conservation Trust Fund and shall be used as follows:  40

12  percent for administration and processing purposes and 60

13  percent for law enforcement purposes.

14         (6)  PUBLICATIONS BY COMMISSION.--The Fish and Wildlife

15  Conservation commission is given authority, from time to time

16  in its discretion, to cause the statutory laws under its

17  jurisdiction, together with any rules and regulations

18  promulgated by it, to be published in pamphlet form for free

19  distribution in this state.  The commission is authorized to

20  make charges for technical and educational publications and

21  mimeographed material of use for educational or reference

22  purposes.  Such charges shall be made at the discretion of the

23  commission.  Such charges may be sufficient to cover cost of

24  preparation, printing, publishing, and distribution. All

25  moneys received for publications shall be deposited into the

26  fund from which the cost of the publication was paid.  The

27  commission is further authorized to enter into agreements with

28  persons, firms, corporations, governmental agencies, and other

29  institutions whereby publications may be exchanged

30  reciprocally in lieu of payments for said publications.

31         (7)  POWERS OF OFFICERS.--

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1         (a)  Law enforcement officers of the Fish and Wildlife

  2  Conservation commission are constituted law enforcement

  3  officers of this state with full power to investigate and

  4  arrest for any violation of the laws of this state and the

  5  rules and regulations of the commission under their

  6  jurisdiction. The general laws applicable to arrests by peace

  7  officers of this state shall also be applicable to law

  8  enforcement officers of the commission. Such law enforcement

  9  officers may enter upon any land or waters of the state for

10  performance of their lawful duties and may take with them any

11  necessary equipment, and such entry will not constitute a

12  trespass. It is lawful for any boat, motor vehicle, or

13  aircraft owned or chartered by the commission or its agents or

14  employees to land on and depart from any of the beaches or

15  waters of the state. Such law enforcement officers have the

16  authority, without warrant, to board, inspect, and search any

17  boat, fishing appliance, storage or processing plant,

18  fishhouse, spongehouse, oysterhouse, or other warehouse,

19  building, or vehicle engaged in transporting or storing any

20  fish or fishery products. Such authority to search and inspect

21  without a search warrant is limited to those cases in which

22  such law enforcement officers have reason to believe that fish

23  or any saltwater products are taken or kept for sale, barter,

24  transportation, or other purposes in violation of laws or

25  rules promulgated under this law. Any such law enforcement

26  officer may at any time seize or take possession of any

27  saltwater products or contraband which have been unlawfully

28  caught, taken, or processed or which are unlawfully possessed

29  or transported in violation of any of the laws of this state

30  or any rule or regulation of the commission. Such law

31  enforcement officers may arrest any person in the act of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  violating any of the provisions of this law, the rules or

  2  regulations of the commission, or any of the laws of this

  3  state. It is hereby declared unlawful for any person to resist

  4  such arrest or in any manner interfere, either by abetting or

  5  assisting such resistance or otherwise interfering, with any

  6  such law enforcement officer while engaged in the performance

  7  of the duties imposed upon him or her by law or rule

  8  regulation of the commission.

  9         (b)  The Legislature finds that the checking and

10  inspection of saltwater products aboard vessels is critical to

11  good fishery management and conservation and that, because

12  almost all saltwater products are either iced or cooled in

13  closed areas or containers, the enforcement of seasons, size

14  limits, and bag limits can only be effective when inspection

15  of saltwater products so stored is immediate and routine.

16  Therefore, in addition to the authority granted in paragraph

17  (a), a law enforcement officer of the commission who has

18  probable cause to believe that the vessel has been used for

19  fishing prior to the inspection shall have full authority to

20  open and inspect all containers or areas where saltwater

21  products are normally kept aboard vessels while such vessels

22  are on the water, such as refrigerated or iced locations,

23  coolers, fish boxes, and bait wells, but specifically

24  excluding such containers that are located in sleeping or

25  living areas of the vessel.

26         (8)  RETENTION, DESTRUCTION, AND REPRODUCTION OF

27  RECORDS.--Records and documents of the Fish and Wildlife

28  Conservation commission created in compliance with and in the

29  implementation of this chapter or former chapter 371 shall be

30  retained by the commission as specified in record retention

31  schedules established under the general provisions of chapters

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  119 and 257. Such records retained by the Department of

  2  Environmental Protection on July 1, 1999, shall be transferred

  3  to the commission. Further, the commission is authorized to:

  4         (a)  Destroy, or otherwise dispose of, those records

  5  and documents in conformity with the approved retention

  6  schedules.

  7         (b)  Photograph, microphotograph, or reproduce such

  8  records and documents on film, as authorized and directed by

  9  the approved retention schedules, whereby each page will be

10  exposed in exact conformity with the original records and

11  documents retained in compliance with the provisions of this

12  section. Photographs or microphotographs in the form of film

13  or print of any records, made in compliance with the

14  provisions of this section, shall have the same force and

15  effect as the originals thereof would have and shall be

16  treated as originals for the purpose of their admissibility in

17  evidence. Duly certified or authenticated reproductions of

18  such photographs or microphotographs shall be admitted in

19  evidence equally with the original photographs or

20  microphotographs.  The impression of the seal of the Fish and

21  Wildlife Conservation commission on a certificate made

22  pursuant to the provisions hereof and signed by the executive

23  director of the Fish and Wildlife Conservation commission

24  shall entitle the same to be received in evidence in all

25  courts and in all proceedings in this state and shall be prima

26  facie evidence of all factual matters set forth in the

27  certificate.  A certificate may relate to one or more records,

28  as set forth in the certificate, or in a schedule continued on

29  an attachment to the certificate.

30         (c)  Furnish certified copies of such records for a fee

31  of $1 which shall be deposited in the Marine Resources

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  Conservation Trust Fund.

  2         (9)  COURTS OF EQUITY MAY ENJOIN.--Courts of equity in

  3  this state have jurisdiction to enforce the conservation laws

  4  of this state by injunction.

  5         (10)  BOND OF EMPLOYEES.--The commission department may

  6  require, as it determines, that bond be given by any employee

  7  of the commission department or divisions thereof, payable to

  8  the Governor of the state and the Governor's successor in

  9  office, for the use and benefit of those whom it may concern,

10  in such penal sums with good and sufficient surety or sureties

11  approved by the commission department conditioned for the

12  faithful performance of the duties of such employee.

13         (11)  REVOCATION OF LICENSES.--Any person licensed

14  under this chapter who has been convicted of taking

15  aquaculture species raised at a certified facility shall have

16  his or her license revoked for 5 years by the Fish and

17  Wildlife Conservation commission pursuant to the provisions

18  and procedures of s. 120.60.

19         (12)  LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For

20  purposes of imposing license or permit suspensions or

21  revocations authorized by this chapter, the license or permit

22  under which the violation was committed is subject to

23  suspension or revocation by the commission. For purposes of

24  assessing monetary civil or administrative penalties

25  authorized by this chapter, the person, firm, or corporation

26  cited and subsequently receiving a judicial disposition of

27  other than dismissal or acquittal in a court of law is subject

28  to the monetary penalty assessment by the commission. However,

29  if the license or permit holder of record is not the person,

30  firm, or corporation receiving the citation and judicial

31  disposition, the license or permit may be suspended or revoked

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  only after the license or permit holder has been notified by

  2  the commission that the license or permit has been cited in a

  3  major violation and is now subject to suspension or revocation

  4  should the license or permit be cited for subsequent major

  5  violations.

  6         Section 2.  Subsection (2) of section 370.06, Florida

  7  Statutes, is amended to read:

  8         370.06  Licenses.--

  9         (2)  SALTWATER PRODUCTS LICENSE.--

10         (a)  Every person, firm, or corporation that sells,

11  offers for sale, barters, or exchanges for merchandise any

12  saltwater products, or which harvests saltwater products with

13  certain gear or equipment as specified by law, must have a

14  valid saltwater products license, except that the holder of an

15  aquaculture certificate under s. 597.004 is not required to

16  purchase and possess a saltwater products license in order to

17  possess, transport, or sell marine aquaculture products.  Each

18  saltwater products license allows the holder to engage in any

19  of the activities for which the license is required. The

20  license must be in the possession of the licenseholder or

21  aboard the vessel and is shall be subject to inspection at any

22  time that harvesting activities for which a saltwater products

23  license is required are being conducted.

24         (b)1.  A restricted species endorsement on the

25  saltwater products license is required to sell to a licensed

26  wholesale dealer those species which the state, by law or

27  rule, has designated as "restricted species." This endorsement

28  may be issued only to a person who is at least 16 years of

29  age, or to a firm certifying that over 25 percent of its

30  income or $5,000 of its income, whichever is less, is

31  attributable to the sale of saltwater products pursuant to a

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  saltwater products license issued under this paragraph or a

  2  similar license from another state. This endorsement may also

  3  be issued to a for-profit corporation if it certifies that at

  4  least $5,000 of its income is attributable to the sale of

  5  saltwater products pursuant to a saltwater products license

  6  issued under this paragraph or a similar license from another

  7  state. However, if at least 50 percent of the annual income of

  8  a person, firm, or for-profit corporation is derived from

  9  charter fishing, the person, firm, or for-profit corporation

10  must certify that at least $2,500 of the income of the person,

11  firm, or corporation is attributable to the sale of saltwater

12  products pursuant to a saltwater products license issued under

13  this paragraph or a similar license from another state, in

14  order to be issued the endorsement. Such income attribution

15  must apply to at least 1 year out of the last 3 years. For the

16  purpose of this section, "income" means that income that which

17  is attributable to work, employment, entrepreneurship,

18  pensions, retirement benefits, and social security benefits.

19         2.  To renew an existing restricted species

20  endorsement, a marine aquaculture producer possessing a valid

21  saltwater products license with a restricted species

22  endorsement may apply income from the sale of marine

23  aquaculture products to licensed wholesale dealers.

24         3.1.The commission is authorized to require

25  verification of such income for all restricted species

26  endorsements issued pursuant to this paragraph. Acceptable

27  proof of income earned from the sale of saltwater products

28  shall be:

29         a.  Copies of trip ticket records generated pursuant to

30  this subsection (marine fisheries information system),

31  documenting qualifying sale of saltwater products;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1         b.  Copies of sales records from locales other than

  2  Florida documenting qualifying sale of saltwater products;

  3         c.  A copy of the applicable federal income tax return,

  4  including Form 1099 attachments, verifying income earned from

  5  the sale of saltwater products;

  6         d.  Crew share statements verifying income earned from

  7  the sale of saltwater products; or

  8         e.  A certified public accountant's notarized statement

  9  attesting to qualifying source and amount of income.

10

11  Notwithstanding any other provision of law Any provision of

12  this section or any other section of the Florida Statutes to

13  the contrary notwithstanding, any person who owns a retail

14  seafood market or restaurant at a fixed location for at least

15  3 years, who has had an occupational license for 3 years prior

16  to January 1, 1990, who harvests saltwater products to supply

17  his or her retail store, and who has had a saltwater products

18  license for 1 of the past 3 license years prior to January 1,

19  1990, may provide proof of his or her verification of income

20  and sales value at the person's retail seafood market or

21  restaurant and in his or her saltwater products enterprise by

22  affidavit and shall thereupon be issued a restricted species

23  endorsement.

24         4.2.  Exceptions from income requirements shall be as

25  follows:

26         a.  A permanent restricted species endorsement shall be

27  available to those persons age 62 and older who have qualified

28  for such endorsement for at least 3 out of the last 5 years.

29         b.  Active military duty time shall be excluded from

30  consideration of time necessary to qualify and shall not be

31  counted against the applicant for purposes of qualifying.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1         c.  Upon the sale of a used commercial fishing vessel

  2  owned by a person, firm, or corporation possessing or eligible

  3  for a restricted species endorsement, the purchaser of such

  4  vessel shall be exempted from the qualifying income

  5  requirement for the purpose of obtaining a restricted species

  6  endorsement for a period of 1 year after purchase of the

  7  vessel.

  8         d.  Upon the death or permanent disablement of a person

  9  possessing a restricted species endorsement, an immediate

10  family member wishing to carry on the fishing operation shall

11  be exempted from the qualifying income requirement for the

12  purpose of obtaining a restricted species endorsement for a

13  period of 1 year after the death or disablement.

14         e.  A restricted species endorsement may be issued on

15  an individual saltwater products license to a person age 62 or

16  older who documents that at least $2,500 of such person's

17  income is attributable to the sale of saltwater products

18  pursuant to the provisions of this paragraph.

19         f.  A permanent restricted species endorsement may also

20  be issued on an individual saltwater products license to a

21  person age 70 or older who has held a saltwater products

22  license for at least 3 of the last 5 license years.

23         g.  Any resident who is certified to be totally and

24  permanently disabled by the Railroad Retirement Board, by the

25  United States Department of Veterans Affairs or its

26  predecessor, or by any branch of the United States Armed

27  Forces, or who holds a valid identification card issued by the

28  Department of Veterans' Affairs pursuant to s. 295.17, upon

29  proof of the same, or any resident certified to be disabled by

30  the United States Social Security Administration or a licensed

31  physician, upon proof of the same, shall be exempted from the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  income requirements if he or she also has held a saltwater

  2  products license for at least 3 of the last 5 license years

  3  prior to the date of the disability. A restricted species

  4  endorsement issued under this paragraph may be issued only on

  5  an individual saltwater products license.

  6         (d)  At least one saltwater products license bearing a

  7  restricted species endorsement shall be aboard any vessel

  8  harvesting restricted species in excess of any bag limit or

  9  when fishing under a commercial quota or in commercial

10  quantities, and such vessel shall have a commercial vessel

11  registration. This subsection does not apply to any person,

12  firm, or corporation licensed under s. 370.07(1)(a)1. or (b)

13  for activities pursuant to such licenses.

14         (e)  A saltwater products license may be issued in the

15  name of an individual or a valid boat registration number.

16  Such license is not transferable. A decal shall be issued with

17  each saltwater products license issued to a valid boat

18  registration number. The saltwater products license decal

19  shall be the same color as the vessel registration decal

20  issued each year pursuant to s. 328.48(5) and shall indicate

21  the period of time such license is valid. The saltwater

22  products license decal shall be placed beside the vessel

23  registration decal and, in the case of an undocumented vessel,

24  shall be placed so that the vessel registration decal lies

25  between the vessel registration number and the saltwater

26  products license decal. Any saltwater products license decal

27  for a previous year shall be removed from a vessel operating

28  on the waters of the state.

29         (f)  A resident shall pay an annual license fee of $50

30  for a saltwater products license issued in the name of an

31  individual or $100 for a saltwater products license issued to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  a valid boat registration number. A nonresident shall pay an

  2  annual license fee of $200 for a saltwater products license

  3  issued in the name of an individual or $400 for a saltwater

  4  products license issued to a valid boat registration number.

  5  An alien shall pay an annual license fee of $300 for a

  6  saltwater products license issued in the name of an individual

  7  or $600 for a saltwater products license issued to a valid

  8  boat registration number.

  9         (g)  Any person who sells saltwater products pursuant

10  to a saltwater products this license may sell only to a

11  licensed wholesale dealer. A saltwater products license must

12  be presented to the licensed wholesale dealer each time

13  saltwater products are sold, and an imprint made thereof. The

14  wholesale dealer shall keep records of each transaction in

15  such detail as may be required by rule of the commission not

16  in conflict with s. 370.07(6), and shall provide the holder of

17  the saltwater products license with a copy of the record. It

18  is unlawful for any licensed wholesale dealer to buy saltwater

19  products from any unlicensed person under the provisions of

20  this section, except that a licensed wholesale dealer may buy

21  from another licensed wholesale dealer. It is unlawful for any

22  licensed wholesale dealer to buy saltwater products designated

23  as "restricted species" from any person, firm, or corporation

24  not possessing a restricted species endorsement on his or her

25  saltwater products license under the provisions of this

26  section, except that a licensed wholesale dealer may buy from

27  another licensed wholesale dealer. For purposes of this

28  subsection, any saltwater products delivered to the premises

29  of a wholesale dealer are presumed to have been purchased.

30         (h)  The commission shall be the licensing agency, may

31  contract with private persons or entities to implement aspects

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  of the licensing program, and shall establish by rule a marine

  2  fisheries information system in conjunction with the licensing

  3  program to gather fisheries data.

  4         (i)(b)  Any person who sells, offers for sale, barters,

  5  or exchanges for merchandise saltwater products must have a

  6  method of catch preservation which meets the requirements and

  7  standards of the seafood quality control code promulgated by

  8  the commission.

  9         (j)(c)  A saltwater products license is required to

10  harvest commercial quantities of saltwater products.  Any

11  vessel from which commercial quantities of saltwater products

12  are harvested must have a commercial vessel registration.

13  Commercial quantities of saltwater products shall be defined

14  as:

15         1.  With respect to those species for which no bag

16  limit has been established, more than 100 pounds per person

17  per day, provided that the harvesting of two fish or less per

18  person per day shall not be considered commercial quantities

19  regardless of aggregate weight; and

20         2.  With respect to those species for which a bag limit

21  has been established, more than the bag limit allowed by law

22  or rule.

23         (k)(d)1.  In addition to the saltwater products

24  license, a marine life fishing endorsement is required for the

25  harvest of marine life species as defined by rule of the Fish

26  and Wildlife Conservation Commission. This endorsement may be

27  issued only to a person who is at least 16 years of age or

28  older or to a corporation holding a valid restricted species

29  endorsement.

30         2.a.  Effective July 1, 1998, and until July 1, 2002, a

31  marine life endorsement may not be issued under this

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  paragraph, except that those endorsements that are active

  2  during the 1997-1998 fiscal year may be renewed.

  3         b.  In 1998 persons or corporations holding a marine

  4  life endorsement that was active in the 1997-1998 fiscal year

  5  or an immediate family member of that person must request

  6  renewal of the marine life endorsement before December 31,

  7  1998.

  8         c.  In subsequent years and until July 1, 2002, a

  9  marine life endorsement holder or member of his or her

10  immediate family must request renewal of the marine life

11  endorsement before September 30 of each year.

12         d.  If a person or corporation holding an active marine

13  life fishing endorsement or a member of that person's

14  immediate family does not request renewal of the endorsement

15  before the applicable dates specified in this paragraph, the

16  commission shall deactivate that marine life fishing

17  endorsement.

18         e.  In the event of the death or disability of a person

19  holding an active marine life fishing endorsement, the

20  endorsement may be transferred by the person to a member of

21  his or her immediate family or may be renewed by any person so

22  designated by the executor of the person's estate.

23         f.  Persons or corporations who hold saltwater product

24  licenses with marine life fishing endorsements issued to their

25  vessel registration numbers and who subsequently replace their

26  existing vessels with new vessels may transfer the existing

27  marine life fishing endorsement to the new boat registration

28  numbers.

29         g.  Persons or corporations who hold saltwater product

30  licenses with marine life fishing endorsements issued to their

31  name and who subsequently incorporate or unincorporate may

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  transfer the existing marine life fishing endorsement to the

  2  new corporation or person.

  3         3.  The fee for a marine life fishery endorsement on a

  4  saltwater products license shall be $75.  These license fees

  5  shall be collected and deposited in the Marine Resources

  6  Conservation Trust Fund and used for the purchase and

  7  installation of vessel mooring buoys at coral reef sites and

  8  for research related to marine fisheries.

  9         Section 3.  Section 370.061, Florida Statutes, is

10  amended to read:

11         370.061  Confiscation of property and products.--

12         (1)  CONFISCATION; PROCEDURE.--Property used in

13  connection with a violation resulting in a In all cases of

14  arrest and conviction for the illegal taking, or attempted

15  taking, sale, possession, or transportation of saltwater fish

16  or other saltwater products is subject to forfeiture as part

17  of the commission's efforts to protect the state's marine

18  life., such Saltwater products and seines, nets, boats,

19  motors, other fishing devices or equipment, and vehicles or

20  other means of transportation used or attempted to be used in

21  connection with, as an instrumentality of, or in aiding and

22  abetting such illegal taking or attempted taking are hereby

23  declared to be nuisances, and may be seized and carried before

24  the court having jurisdiction over the criminal of such

25  offense, notwithstanding any jurisdictional limitations on the

26  amount in controversy, and said court may make a finding that

27  the property was used in connection with a saltwater products

28  violation and may order such nuisances forfeited to the Fish

29  and Wildlife Conservation commission immediately after a trial

30  and conviction of the person or persons in whose possession

31  they were found. The requirement of a conviction before

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  forfeiture establishes, to the exclusion of any reasonable

  2  doubt, that the property was used in connection with the

  3  violation. The procedures of chapter 932 do not apply to any

  4  forfeiture under this section. For purposes of this section, a

  5  conviction, except with respect to a first-time offender under

  6  this chapter for whom adjudication is withheld, is any

  7  disposition other than acquittal or dismissal. Nothing in this

  8  subsection affects the commission's authority to confiscate in

  9  any case illegally taken saltwater products in accordance with

10  subsection (5) or illegal fishing gear in accordance with this

11  subsection.  For purposes of confiscation under this

12  subsection, the term "saltwater products" has the meaning set

13  out in s. 370.01(25), except that the term does not include

14  saltwater products harvested under the authority of a

15  recreational license unless the amount of such harvested

16  products exceeds three times the applicable recreational bag

17  limit for trout, snook, or redfish.

18         (2)  SEIZURE AND NOTICE.--Prior to the issuance of a

19  forfeiture order for any vessel, vehicle, or other property

20  under subsection (1), the commission shall seize the property

21  and notify the registered owner, if any, that the property has

22  been seized by the commission. Notification must be sent

23  within 14 days after the seizure of the property. If the

24  commission, after diligent inquiry, cannot ascertain the

25  registered owner, the notice is satisfied. Any property seized

26  under this section that is not otherwise unlawful may be

27  returned to the person or persons holding title thereto at the

28  time of the illegal act causing the seizure if such person

29  proves by a preponderance of the evidence before the court

30  having jurisdiction over the criminal offense that he or she

31  in no way aided, abetted, participated in, gave consent to, or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  knew or had reason to know of the act. A request for such a

  2  hearing from a person holding title and asserting that he or

  3  she is an innocent owner must be received by the assistant

  4  state attorney who prosecuted the case and the commission's

  5  Division of Law Enforcement within 15 days after receipt of

  6  the notice of seizure. If a request for a hearing is not

  7  timely received, the court may forfeit to the commission the

  8  right to, title to, and interest in the property seized,

  9  subject only to the rights and interests of bona fide

10  lienholders., except that, If a motor vehicle is seized under

11  the provisions of this section act and is subject to any

12  existing liens recorded under the provisions of s. 319.27, all

13  further proceedings shall be governed by the expressed intent

14  of the Legislature not to divest any innocent person, firm, or

15  corporation holding such a recorded lien of any of its

16  reversionary rights in such motor vehicle or of any of its

17  rights as prescribed in s. 319.27, and that, upon any default

18  by the violator purchaser, the said lienholder may foreclose

19  its lien and take possession of the motor vehicle involved.

20         (3)  COURT ORDER OF FORFEITURE.--When any illegal or

21  illegally used seine, net, trap, or other fishing device or

22  equipment, or illegally taken, possessed, or transported

23  saltwater products, are found and taken into custody, and the

24  owner thereof is shall not be known to the officer finding the

25  item or items, the same, such officer shall immediately

26  procure from the county court judge of the county wherein the

27  item or items they were found an order forfeiting the said

28  saltwater products, seines, nets, traps, boats, motors, or

29  other fishing devices to the commission.

30         (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All

31  things forfeited under this section the provisions of this law

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  may be destroyed, used by the commission, disposed of by gift

  2  to charitable or state institutions, or sold, with and the

  3  proceeds derived from the said sale deposited into in the

  4  Marine Resources Conservation Trust Fund to be used for law

  5  enforcement purposes or into the commission's Federal Law

  6  Enforcement Trust Fund as provided in s. 372.107, as

  7  applicable. However, forfeited boats, motors, and legal

  8  fishing devices only, may be purchased from the commission for

  9  $1 by the person or persons holding title thereto at the time

10  of the illegal act causing the forfeiture, if such person

11  shall prove that he or she in no way participated in, gave

12  consent to, or had knowledge of such act.

13         (5)(2)  CONFISCATION AND SALE OF PERISHABLE PRODUCTS;

14  PROCEDURE.--When an arrest is made pursuant to the provisions

15  of this chapter and illegal, perishable products, or

16  perishable products illegally taken or landed, are

17  apprehended, the defendant may post bond or cash deposit in an

18  amount determined by the judge to be the fair value of such

19  products. The, and said defendant shall have 24 hours to

20  transport the said products outside the limits of Florida for

21  sale or other disposition.  Should no bond or cash deposit be

22  given within the time fixed by the judge, the judge shall

23  order the sale of such products at the highest price

24  obtainable, and, when feasible, at least three bids shall be

25  requested.  In either event, the amounts received by the judge

26  shall be remitted to the commission to be deposited into a

27  special escrow account in the State Treasury and held in trust

28  pending the outcome of the trial of the accused.  If a bond is

29  posted by the defendant, it shall also be remitted to the

30  commission to be held in escrow pending the outcome of the

31  trial of the accused.  In the event of acquittal, the bond or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  cash deposit shall be returned to the defendant, or the

  2  proceeds of the sale shall be paid over to the defendant.  In

  3  the event of conviction, the proceeds of the sale, or proceeds

  4  of the bond or cash deposit, shall be deposited by the said

  5  commission into the Marine Resources Conservation Trust Fund

  6  to be used for law enforcement purposes or into the

  7  commission's Federal Law Enforcement Trust Fund as provided in

  8  s. 372.107, as applicable. Such deposit into the Marine

  9  Resources Conservation Trust Fund or the commission's Federal

10  Law Enforcement Trust Fund shall constitute confiscation.

11         (6)(3)  MUNICIPAL OR COUNTY ENFORCEMENT; SUPPLEMENTAL

12  FUNDING.--

13         (a)  Any municipal or county law enforcement agency

14  that enforces, or assists the commission in enforcing, the

15  provisions of this chapter resulting in a forfeiture of

16  property as provided in this section shall be entitled to

17  receive all or a share of any such property based upon its

18  their participation in such enforcement.

19         (b)  Any property delivered to any municipal or county

20  law enforcement agency as provided in paragraph (a) may be

21  retained or sold by the law enforcement agency, and the

22  property or any proceeds shall, if the agency operates a

23  marine enforcement unit, be used utilized to enforce the

24  provisions of this chapter and chapters 327 and 328. In the

25  event the law enforcement agency does not operate a marine

26  enforcement unit, any such property or proceeds shall be

27  disposed of under pursuant to the Florida Contraband

28  Forfeiture Act.

29         (c)  Any funds received by a municipal or county law

30  enforcement agency pursuant to this subsection shall be

31  supplemental funds and may not be used as replacement funds by

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  the municipality or county.

  2         Section 4.  Subsections (4) and (8) of section 370.07,

  3  Florida Statutes, are amended and, for the purpose of

  4  incorporating the amendment to section 370.021, Florida

  5  Statutes, in a reference thereto, paragraph (c) of subsection

  6  (5) of section 370.07, Florida Statutes, is reenacted, to

  7  read:

  8         370.07  Wholesale and retail saltwater products

  9  dealers; regulation.--

10         (4)  TRANSPORTATION OF SALTWATER PRODUCTS.--

11         (a)  A person transporting in this state saltwater

12  products that were produced in this state, regardless of

13  destination, shall have in his or her possession invoices,

14  bills of lading, or other similar instruments showing the

15  number of packages, boxes, or containers and the number of

16  pounds of each species and the name, physical address, and the

17  Florida wholesale dealer number of the dealer of origin.

18         (b)  A person transporting in this state saltwater

19  products that were produced outside this state to be delivered

20  to a destination in this state shall have in his or her

21  possession invoices, bills of lading, or other similar

22  instruments showing the number of packages, boxes, or

23  containers and the number of pounds of each species, the name

24  and physical address of the dealer of origin, and the name,

25  physical address, and Florida wholesale dealer number of the

26  Florida dealer to whom the shipment is to be delivered.

27         (c)  A person transporting in this state saltwater

28  products that were produced outside this state which are to be

29  delivered to a destination outside this state shall have in

30  his or her possession invoices, bills of lading, or other

31  similar instruments showing the number of packages, boxes, or

                                  29

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  containers and the number of pounds of each species, the name

  2  and physical address of the dealer of origin, and the name and

  3  physical address of the dealer to whom the shipment is to be

  4  delivered.

  5         (d)  If the saltwater products in transit come came

  6  from more than one dealer, distributor, or producer, each lot

  7  from each dealer shall be covered by invoices, bills of

  8  lading, and other similar instruments showing the number of

  9  boxes or containers and the number of pounds of each species.

10  Each invoice, bill of lading, and other similar instrument

11  shall display the wholesale dealer license number and the name

12  and physical address of the dealer, distributor, or producer

13  of the lot covered by the instrument.

14         (e)  It is unlawful to sell, deliver, ship, or

15  transport, or to possess for the purpose of selling,

16  delivering, shipping, or transporting, any saltwater products

17  without all invoices concerning the of such products having

18  thereon the wholesale dealer license number in the such form

19  as may be prescribed under the provisions of this subsection

20  and the rules and regulations of the Fish and Wildlife

21  Conservation commission. Any saltwater products found in the

22  possession of any person who is in violation of this paragraph

23  provision may be seized by the commission and disposed of in

24  the manner provided by law.

25         (f)  Nothing contained in this subsection may be

26  construed to apply to the sale and delivery to a consumer of

27  saltwater products in an ordinary retail transaction by a

28  licensed retail dealer who has purchased such products from a

29  licensed wholesale dealer, or to the sale and delivery of the

30  catch or products of a saltwater products licensee to a

31  Florida-licensed wholesale dealer.

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  1         (g)  Wholesale dealers' licenses shall be issued only

  2  to applicants who furnish to the commission satisfactory

  3  evidence of law-abiding reputation and who pledge themselves

  4  to faithfully observe all of the laws, rules, and regulations

  5  of this state relating to the conservation of, dealing in, or

  6  taking, selling, transporting, or possession of saltwater

  7  products, and to cooperate in the enforcement of all such laws

  8  to every reasonable extent. This pledge may be included in the

  9  application for license.

10         (h)  A wholesale dealer, retail dealer, or restaurant

11  facility shall not purchase or sell for public consumption any

12  saltwater products known to be taken illegally, or known to be

13  taken in violation of s. 16, Art. X of the State Constitution,

14  or any rule or statute implementing its provisions.

15         (i)(h)  Any person who violates the provisions of this

16  subsection commits is guilty of a misdemeanor of the first

17  degree, punishable as provided in s. 775.082 or s. 775.083.

18         (5)  LICENSE DENIAL, SUSPENSION, OR REVOCATION.--

19         (c)  In addition to, or in lieu of, the penalty imposed

20  pursuant to this subsection, the commission may impose

21  penalties pursuant to s. 370.021.

22         (8)  UNLAWFUL PURCHASE OF SALTWATER PRODUCTS.--It is

23  unlawful for any licensed retail dealer or any restaurant

24  licensed by the Division of Hotels and Restaurants of the

25  Department of Business and Professional Regulation to buy

26  saltwater products from any person other than a licensed

27  wholesale or retail dealer. For purposes of this subsection,

28  any saltwater products delivered to the premises of a retail

29  dealer or a restaurant are presumed to have been purchased.

30         Section 5.  For purposes of incorporating the amendment

31  to section 370.021, Florida Statutes, in references thereto,

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  1  subsections (3) and (4) of section 370.092, Florida Statutes,

  2  are reenacted to read:

  3         370.092  Carriage of proscribed nets across Florida

  4  waters.--

  5         (3)  Notwithstanding subsections (1) and (2), unless

  6  authorized by rule of the Fish and Wildlife Conservation

  7  Commission, it is a major violation under this section,

  8  punishable as provided in s. 370.021(3), for any person, firm,

  9  or corporation to possess any gill or entangling net, or any

10  seine net larger than 500 square feet in mesh area, on any

11  airboat or on any other vessel less than 22 feet in length and

12  on any vessel less than 25 feet if primary power of the vessel

13  is mounted forward of the vessel center point. Gill or

14  entangling nets shall be as defined in s. 16, Art. X of the

15  State Constitution, s. 370.093(2)(b), or in a rule of the Fish

16  and Wildlife Conservation Commission implementing s. 16, Art.

17  X of the State Constitution. Vessel length shall be determined

18  in accordance with current United States Coast Guard

19  regulations specified in the Code of Federal Regulations or as

20  titled by the State of Florida. The Marine Fisheries

21  Commission is directed to initiate by July 1, 1998, rulemaking

22  to adjust by rule the use of gear on vessels longer than 22

23  feet where the primary power of the vessel is mounted forward

24  of the vessel center point in order to prevent the illegal use

25  of gill and entangling nets in state waters and to provide

26  reasonable opportunities for the use of legal net gear in

27  adjacent federal waters.

28         (4)  The Fish and Wildlife Conservation Commission

29  shall adopt rules to prohibit the possession and sale of

30  mullet taken in illegal gill or entangling nets. Violations of

31  such rules shall be punishable as provided in s. 370.021(3).

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                                                  Bill No. HB 1243

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  1         Section 6.  For purposes of incorporating the amendment

  2  to section 370.021, in a reference thereto, subsection (5) of

  3  section 370.093, Florida Statutes, is reenacted to read:

  4         370.093  Illegal use of nets.--

  5         (5)  Any person who violates this section shall be

  6  punished as provided in s. 370.021(3).

  7         Section 7.  Paragraphs (a) and (c) of subsection (2) of

  8  section 370.142, Florida Statutes, are amended to read:

  9         370.142  Spiny lobster trap certificate program.--

10         (2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;

11  PENALTIES.--The Fish and Wildlife Conservation Commission

12  shall establish a trap certificate program for the spiny

13  lobster fishery of this state and shall be responsible for its

14  administration and enforcement as follows:

15         (a)  Transferable trap certificates.--Each holder of a

16  saltwater products license who uses traps for taking or

17  attempting to take spiny lobsters shall be required to have a

18  certificate on record for each trap possessed or used

19  therefor, except as otherwise provided in this section.

20         1.  The Department of Environmental Protection shall

21  initially allot such certificates to each licenseholder with a

22  current crawfish trap number who uses traps.  The number of

23  such certificates allotted to each such licenseholder shall be

24  based on the trap/catch coefficient established pursuant to

25  trip ticket records generated under the provisions of s.

26  370.06(2)(a) over a 3-year base period ending June 30, 1991.

27  The trap/catch coefficient shall be calculated by dividing the

28  sum of the highest reported single license-year landings up to

29  a maximum of 30,000 pounds for each such licenseholder during

30  the base period by 700,000. Each such licenseholder shall then

31  be allotted the number of certificates derived by dividing his

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  1  or her highest reported single license-year landings up to a

  2  maximum of 30,000 pounds during the base period by the

  3  trap/catch coefficient. Nevertheless, no licenseholder with a

  4  current crawfish trap number shall be allotted fewer than 10

  5  certificates. However, certificates may only be issued to

  6  individuals; therefore, all licenseholders other than

  7  individual licenseholders shall designate the individual or

  8  individuals to whom their certificates will be allotted and

  9  the number thereof to each, if more than one. After initial

10  issuance, trap certificates are transferable on a market basis

11  and may be transferred from one licenseholder to another for a

12  fair market value agreed upon between the transferor and

13  transferee. Each such transfer shall, within 72 hours thereof,

14  be recorded on a notarized form provided for that purpose by

15  the Fish and Wildlife Conservation Commission and hand

16  delivered or sent by certified mail, return receipt requested,

17  to the commission for recordkeeping purposes. In addition, in

18  order to cover the added administrative costs of the program

19  and to recover an equitable natural resource rent for the

20  people of the state, a transfer fee of $2 per certificate

21  transferred shall be assessed against the purchasing

22  licenseholder and sent by money order or cashier's check with

23  the certificate transfer form. Also, in addition to the

24  transfer fee, a surcharge of $5 per certificate transferred or

25  25 percent of the actual market value, whichever is greater,

26  given to the transferor shall be assessed the first time a

27  certificate is transferred outside the original transferor's

28  immediate family. No transfer of a certificate shall be

29  effective until the commission receives the notarized transfer

30  form and the transfer fee, including any surcharge, is paid.

31  The commission may establish by rule an amount of equitable

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  1  rent per trap certificate that shall be recovered as partial

  2  compensation to the state for the enhanced access to its

  3  natural resources. Final approval of such a rule shall be by

  4  the Governor and Cabinet sitting as the Board of Trustees of

  5  the Internal Improvement Trust Fund. In determining whether to

  6  establish such a rent and, if so, the amount thereof, the

  7  commission shall consider the amount of revenues annually

  8  generated by certificate fees, transfer fees, surcharges, trap

  9  license fees, and sales taxes, the demonstrated fair market

10  value of transferred certificates, and the continued economic

11  viability of the commercial lobster industry. The proceeds of

12  equitable rent recovered shall be deposited in the Marine

13  Resources Conservation Trust Fund and used by the commission

14  for research, management, and protection of the spiny lobster

15  fishery and habitat. A transfer fee may not be assessed or

16  required when the transfer is within a family as a result of

17  the death or disability of the certificate owner. A surcharge

18  will not be assessed for any transfer within an individual's

19  immediate family.

20         2.  No person, firm, corporation, or other business

21  entity may control, directly or indirectly, more than 1.5

22  percent of the total available certificates in any license

23  year.

24         3.  The commission shall maintain records of all

25  certificates and their transfers and shall annually provide

26  each licenseholder with a statement of certificates held.

27         4.  The number of trap tags issued annually to each

28  licenseholder shall not exceed the number of certificates held

29  by the licenseholder at the time of issuance, and such tags

30  and a statement of certificates held shall be issued

31  simultaneously.

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                                                  Bill No. HB 1243

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  1         5.  Beginning July 1, 2003, and applicable to the

  2  2003-2004 lobster season and thereafter, it is unlawful for

  3  any person to lease lobster trap tags or certificates.

  4         (c)  Prohibitions; penalties.--

  5         1.  It is unlawful for a person to possess or use a

  6  spiny lobster trap in or on state waters or adjacent federal

  7  waters without having affixed thereto the trap tag required by

  8  this section.  It is unlawful for a person to possess or use

  9  any other gear or device designed to attract and enclose or

10  otherwise aid in the taking of spiny lobster by trapping that

11  is not a trap as defined in rule 68B-24.006(2), Florida

12  Administrative Code.

13         2.  It is unlawful for a person to possess or use spiny

14  lobster trap tags without having the necessary number of

15  certificates on record as required by this section.

16         3.  It is unlawful for any person to remove the

17  contents of another harvester's trap without the express

18  written consent of the trap owner available for immediate

19  inspection. Such unauthorized removal constitutes theft. Any

20  person convicted of theft from a trap shall, in addition to

21  the penalties specified in ss. 370.021 and 370.14 and the

22  provisions of this section, permanently lose all his or her

23  saltwater fishing privileges, including his or her saltwater

24  products license, crawfish endorsement, and all trap

25  certificates allotted to him or her through this program. In

26  such cases, trap certificates and endorsements are

27  nontransferable. In addition, any person, firm, or corporation

28  convicted of violating this paragraph shall also be assessed

29  an administrative penalty of up to $5,000. Immediately upon

30  receiving a citation for a violation involving theft from a

31  trap and until adjudicated for such a violation or, if

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  1  convicted of such a violation, the person, firm, or

  2  corporation committing the violation is prohibited from

  3  transferring any crawfish trap certificates and endorsements.

  4         4.  In addition to any other penalties provided in s.

  5  370.021, a commercial harvester, as defined by rule

  6  68B-24.002(1), Florida Administrative Code, who violates the

  7  provisions of this section, or the provisions relating to

  8  traps of chapter 68B-24, Florida Administrative Code, shall be

  9  punished as follows:

10         a.  If the first violation is for violation of

11  subparagraph 1. or subparagraph 2., the commission shall

12  assess an additional civil penalty of up to $1,000 and the

13  crawfish trap number issued pursuant to s. 370.14(2) or (6)

14  may be suspended for the remainder of the current license

15  year. For all other first violations, the commission shall

16  assess an additional civil penalty of up to $500.

17         b.  For a second violation of subparagraph 1. or

18  subparagraph 2. which occurs within 24 months of any previous

19  such violation, the commission shall assess an additional

20  civil penalty of up to $2,000 and the crawfish trap number

21  issued pursuant to s. 370.14(2) or (6) may be suspended for

22  the remainder of the current license year.

23         c.  For a third or subsequent violation of subparagraph

24  1., subparagraph 2., or subparagraph 3. which occurs within 36

25  months of any previous two such violations, the commission

26  shall assess an additional civil penalty of up to $5,000 and

27  may suspend the crawfish trap number issued pursuant to s.

28  370.14(2) or (6) for a period of up to 24 months or may revoke

29  the crawfish trap number and, if revoking the crawfish trap

30  number, may also proceed against the licenseholder's saltwater

31  products license in accordance with the provisions of s.

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  1  370.021(2)(h)(i).

  2         d.  Any person assessed an additional civil penalty

  3  pursuant to this section shall within 30 calendar days after

  4  notification:

  5         (I)  Pay the civil penalty to the commission; or

  6         (II)  Request an administrative hearing pursuant to the

  7  provisions of s. 120.60.

  8         e.  The commission shall suspend the crawfish trap

  9  number issued pursuant to s. 370.14(2) or (6) for any person

10  failing to comply with the provisions of sub-subparagraph d.

11         5.a.  It is unlawful for any person to make, alter,

12  forge, counterfeit, or reproduce a spiny lobster trap tag or

13  certificate.

14         b.  It is unlawful for any person to knowingly have in

15  his or her possession a forged, counterfeit, or imitation

16  spiny lobster trap tag or certificate.

17         c.  It is unlawful for any person to barter, trade,

18  sell, supply, agree to supply, aid in supplying, or give away

19  a spiny lobster trap tag or certificate or to conspire to

20  barter, trade, sell, supply, aid in supplying, or give away a

21  spiny lobster trap tag or certificate unless such action is

22  duly authorized by the commission as provided in this chapter

23  or in the rules of the commission.

24         6.a.  Any person who violates the provisions of

25  subparagraph 5., or any person who engages in the commercial

26  harvest, trapping, or possession of spiny lobster without a

27  crawfish trap number as required by s. 370.14(2) or (6) or

28  during any period while such crawfish trap number is under

29  suspension or revocation, commits a felony of the third

30  degree, punishable as provided in s. 775.082, s. 775.083, or

31  s. 775.084.

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  1         b.  In addition to any penalty imposed pursuant to

  2  sub-subparagraph a., the commission shall levy a fine of up to

  3  twice the amount of the appropriate surcharge to be paid on

  4  the fair market value of the transferred certificates, as

  5  provided in subparagraph (a)1., on any person who violates the

  6  provisions of sub-subparagraph 5.c.

  7         7.  Any certificates for which the annual certificate

  8  fee is not paid for a period of 3 years shall be considered

  9  abandoned and shall revert to the commission. During any

10  period of trap reduction, any certificates reverting to the

11  commission shall become permanently unavailable and be

12  considered in that amount to be reduced during the next

13  license-year period. Otherwise, any certificates that revert

14  to the commission are to be reallotted in such manner as

15  provided by the commission.

16         8.  The proceeds of all civil penalties collected

17  pursuant to subparagraph 4. and all fines collected pursuant

18  to sub-subparagraph 6.b. shall be deposited into the Marine

19  Resources Conservation Trust Fund.

20         9.  All traps shall be removed from the water during

21  any period of suspension or revocation.

22         Section 8.  Section 372.70, Florida Statutes, is

23  amended to read:

24         372.70  Prosecutions; state attorney to represent

25  state.--

26         (1)  The prosecuting officers of the several courts of

27  criminal jurisdiction of this state shall investigate and

28  prosecute all violations of the laws relating to game,

29  freshwater fish, nongame birds, and fur-bearing animals which

30  may be brought to their attention by the Fish and Wildlife

31  Conservation commission or its conservation officers, or which

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  1  may otherwise come to their knowledge.

  2         (2)  The state attorney shall represent the state in

  3  any forfeiture proceeding under this chapter. The Department

  4  of Legal Affairs shall represent the state in all appeals from

  5  judgments of forfeiture to the Supreme Court. The state may

  6  appeal any judgement denying forfeiture in whole or in part

  7  that may be otherwise adverse to the state.

  8         Section 9.  Section 372.9901, Florida Statutes, is

  9  amended to read:

10         372.9901  Seizure of illegal hunting devices;

11  disposition; appraisal; forfeiture.--

12         (1)  In order to protect the state's wildlife

13  resources, any vehicle, vessel, animal, gun, light, or other

14  hunting device used or attempted to be used in connection

15  with, as an instrumentality of, or in aiding and abetting in

16  the commission of an offense prohibited by s. 372.99 is

17  subject to forfeiture., shall be seized by the arresting

18  officer, who shall promptly make return of the seizure and

19  deliver the property to the director of the Fish and Wildlife

20  Conservation Commission. The return shall describe the

21  property seized and recite in detail the facts and

22  circumstances under which it was seized, together with the

23  reason that the property was subject to seizure. The return

24  shall also contain the names of all persons known to the

25  officer to be interested in the property.

26         (2)  The director of the commission, upon receipt of

27  the property, shall promptly fix its value and make return

28  thereof to the clerk of the circuit court of the county

29  wherein the article was seized; after which on proper showing

30  of ownership of the property by someone other than the person

31  arrested the property shall be returned to the said owner.

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  1         (2)(3)  Upon conviction of the person in whose

  2  possession the property was found, the court having

  3  jurisdiction over the criminal offense, notwithstanding any

  4  jurisdictional limitations on the amount in controversy, may

  5  make a finding that the property was used in connection with a

  6  violation of s. 372.99 and, upon such finding, order the

  7  property forfeited to the commission. Upon a second or

  8  subsequent conviction for a violation of s. 372.99, the court

  9  shall order the forfeiture to the commission of any property

10  used in connection with that violation. The requirement for a

11  conviction before forfeiture establishes, to the exclusion of

12  any reasonable doubt, that the property was used in connection

13  with a volation. The procedures of chapter 932 do not apply to

14  any forfeiture under this section. For purposes of this

15  section, a conviction is any disposition other than acquittal

16  or dismissal.

17         (3)  Prior to the issuance of a forfeiture order for

18  any vessel, vehicle, or other property under subsection (2),

19  the commission shall seize the property and notify the

20  registered owner, if any, that the property has been seized by

21  the commission. Notification must be sent within 14 days after

22  the seizure of the property. If the commission, after diligent

23  inquiry, cannot ascertain the registered owner, the notice

24  requirement is satisfied. Any property seized under this

25  section that is not otherwise unlawful may be returned to the

26  person or persons holding title thereto at the time of the

27  illegal act causing the seizure if such person proves by a

28  preponderance of the evidence before the court having

29  jurisdiction over the criminal offense that he or she in no

30  way aided, abetted, participated in, gave consent to, or knew

31  or had reason to know of the act. A request for such a hearing

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  1  from a person holding title and asserting that he or she is an

  2  innocent owner must be received by the assistant state

  3  attorney who prosecuted the case and the commission's Division

  4  of Law Enforcement within 15 days after receipt of the notice

  5  of seizure. If a request for a hearing is not timely received,

  6  the court shall forfeit to the commission the right to, title

  7  to, and interest in the property seized, subject only to the

  8  rights and interests of bona fide lien holders. violator, the

  9  property, if owned by the person convicted, shall be forfeited

10  to the state under the procedure set forth in ss.

11  372.312-372.318, where not inconsistent with this section.

12         (4)  All amounts received from the sale or other

13  disposition of the property shall be paid into the State Game

14  Trust Fund or into the commission's Federal Law Enforcement

15  Trust Fund as provided in s. 372.107, as applicable. If the

16  property is not sold or converted, it shall be delivered to

17  the executive director of the Fish and Wildlife Conservation

18  commission.

19         Section 10.  Section 372.31, Florida Statutes, is

20  renumbered as section 372.99021, Florida Statutes, and amended

21  to read:

22         372.99021 372.31  Disposition of illegal fishing

23  devices; exercise of police power.--

24         (1)  In all cases of arrest and conviction for use of

25  illegal nets or traps or fishing devices, as provided in this

26  chapter, such illegal net, trap, or fishing device is declared

27  to be a nuisance and shall be seized and carried before the

28  court having jurisdiction of such offense and said court shall

29  order such illegal trap, net, or fishing device forfeited to

30  the Fish and Wildlife Conservation commission immediately

31  after trial and conviction of the person in whose possession

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  1  they were found.  When any illegal net, trap, or fishing

  2  device is found in the fresh waters of the state, and the

  3  owner of same shall not be known to the officer finding the

  4  same, such officer shall immediately procure from the county

  5  court judge an order forfeiting said illegal net, trap, or

  6  fishing device to the Fish and Wildlife Conservation

  7  commission.  The Fish and Wildlife Conservation commission may

  8  destroy such illegal net, trap, or fishing device, if in its

  9  judgment said net, trap, or fishing device is not of value in

10  the work of the department.

11         (2)  When any nets, traps, or fishing devices are found

12  being used illegally as provided in this chapter, the same

13  shall be seized and forfeited to the Fish and Wildlife

14  Conservation commission as provided in this chapter.

15         (3)  This section is necessary for the more efficient

16  and proper enforcement of the statutes and laws of this state

17  prohibiting the illegal use of nets, traps, or fishing devices

18  and is a lawful exercise of the police power of the state for

19  the protection of the public welfare, health, and safety of

20  the people of the state. All the provisions of this section

21  shall be liberally construed for the accomplishment of these

22  purposes.

23         Section 11.  Section 372.99022, Florida Statutes, is

24  created to read:

25         372.99022  Illegal molestation of or theft from

26  freshwater gear.--

27         (1)(a)  Any person, firm, or corporation that willfully

28  molests any authorized and lawfully permitted freshwater

29  fishing gear belonging to another without the express written

30  consent of the owner commits a felony of the third degree,

31  punishable as provided in s. 775.082, s. 775.083, or s.

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  1  775.084. Any written consent must be available for immediate

  2  inspection.

  3         (b)  Any person, firm, or corporation that willfully

  4  removes the contents of any authorized and lawfully permitted

  5  freshwater fishing gear belonging to another without the

  6  express written consent of the owner commits a felony of the

  7  third degree, punishable as provided in s. 775.082, s.

  8  775.083, or s. 775.084. Any written consent must be available

  9  for immediate inspection.

10

11  A person, firm, or corporation that receives a citation for a

12  violation of this subsection is prohibited, immediately upon

13  receipt of such citation and until adjudicated or convicted of

14  a felony under this subsection, from transferring any

15  endorsements.

16         (2)  Any person, firm, or corporation convicted

17  pursuant to subsection (1) of removing the contents of

18  freshwater fishing gear without the express written consent of

19  the owner shall permanently lose all of his or her freshwater

20  and saltwater fishing privileges, including his or her

21  recreational and commercial licenses and endorsements, and

22  shall be assessed an administrative penalty of not more than

23  $5,000. The endorsements of such person, firm, or corporation

24  are not transferable.

25         (3)  For purposes of this section, the term "freshwater

26  fishing gear" means haul seines, slat baskets, wire traps,

27  hoop nets, or pound nets, and includes the lines or buoys

28  attached thereto.

29         Section 12.  Subsection (3) of section 372.9904,

30  Florida Statutes, is amended to read:

31         372.9904  Seizure of illegal transportation devices;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1  disposition; appraisal; forfeiture.--

  2         (3)  Upon conviction of the violator, the property, if

  3  owned by the person convicted, shall be forfeited to the state

  4  under the procedure set forth in ss. 370.061 and 370.07

  5  372.312-372.318, when not inconsistent with this section.  All

  6  amounts received from the sale or other disposition of the

  7  property shall be paid into the State Game Trust Fund or into

  8  the commission's Federal Law Enforcement Trust Fund as

  9  provided in s. 372.107, as applicable.  If the property is not

10  sold or converted, it shall be delivered to the director of

11  the Fish and Wildlife Conservation Commission.

12         Section 13.  Section 372.9905, Florida Statutes, is

13  amended to read:

14         372.9905  Applicability of ss. 372.99, 372.9901,

15  372.9903, and 372.9904.--The provisions of ss. 372.99,

16  372.9901, 372.9903, and 372.9904 relating to seizure and

17  forfeiture of animals or of vehicles, vessels, or other

18  transportation devices do shall not apply when such vehicles,

19  vessels, or other transportation devices are owned by, or

20  titled in the name of, innocent parties.  The provisions of

21  said sections shall not vitiate any valid lien, retain title

22  contract, or chattel mortgage on such animals or vehicles,

23  vessels, or other transportation devices if such lien, retain

24  title contract, or chattel mortgage is properly of public

25  record at the time of the seizure.

26         Section 14.  Paragraph (b) of subsection (4) of section

27  323.001, Florida Statutes, is amended to read:

28         323.001  Wrecker operator storage facilities; vehicle

29  holds.--

30         (4)  The requirements for a written hold apply when the

31  following conditions are present:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1         (b)  The officer has probable cause to believe the

  2  vehicle should be seized and forfeited under s. 370.061 or s.

  3  370.07 372.312;

  4         Section 15.  Sections 372.311, 372.312, 372.313,

  5  372.314, 372.315, 372.316, 372.317, 372.318, 372.319, 372.321,

  6  and 372.9902, Florida Statutes, are repealed.

  7         Section 16.  This act shall take effect July 1, 2002.

  8

  9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page ,

13  remove:

14

15  and insert:

16         An act relating to the Fish and Wildlife

17         Conservation Commission; amending s. 370.021,

18         F.S.; revising violations and penalties

19         relating to saltwater fisheries; revising

20         grounds and penalties for violation of

21         restrictions imposed upon a saltwater products

22         licensee during the period of license

23         suspension or revocation; creating penalties

24         for purchase or sale of illegally harvested

25         saltwater products taken in violation of s. 16,

26         Article X of the State Constitution; clarifying

27         that licenses or permits under which a

28         violation is committed may be subject to

29         suspension or revocation; clarifying that

30         persons, firms, or corporations cited for

31         violations are subject to monetary penalties

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1         assessed by the commission; amending s. 370.06,

  2         F.S.; revising and clarifying requirements for

  3         saltwater products licenses and endorsements;

  4         clarifying the saltwater products license

  5         income exemption for disabled persons; limiting

  6         the restricted species endorsement available to

  7         such persons; providing that saltwater products

  8         delivered to a wholesale dealer are presumed to

  9         have been purchased; amending s. 370.061, F.S.;

10         revising and clarifying requirements and

11         procedures for confiscation and forfeiture of

12         property used in a saltwater products

13         violation; requiring notice of seizure to the

14         registered owner of the property prior to

15         issuance of a forfeiture order; authorizing the

16         courts to order property forfeited to the

17         commission for second or subsequent

18         convictions; revising procedure for return of

19         property to an innocent owner; amending s.

20         370.07, F.S.; prohibiting purchase or sale of

21         illegally taken saltwater products; providing a

22         penalty; providing that saltwater products

23         delivered to a retail dealer or restaurant are

24         presumed to have been purchased; reenacting ss.

25         370.07(5), 370.092(3) and (4), and 370.093(5),

26         F.S., to incorporate the amendment to s.

27         370.021, F.S., in references; amending s.

28         370.142, F.S.; correcting cross references;

29         amending s. 372.70, F.S.; providing that the

30         state attorney shall represent the state in

31         prosecutions of violations of hunting and

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1         fishing laws; amending s. 372.9901, F.S.;

  2         revising procedures for seizure and forfeiture

  3         of property used in the illegal taking of deer

  4         or wild turkey; requiring notice of seizure to

  5         the registered owner of the property prior to

  6         issuance of a forfeiture order; authorizing the

  7         courts to order property forfeited to the

  8         commission for second or subsequent

  9         convictions; revising procedure for return of

10         property to an innocent owner; amending and

11         renumbering s. 372.31, F.S.; providing for

12         exercise of the police power of the state in

13         cases relating to illegal fishing; creating s.

14         372.99022, F.S.; providing penalties for

15         molestation of or theft from certain freshwater

16         fishing gear; prohibiting transfer of

17         endorsements under certain circumstances;

18         amending s. 372.9904, F.S.; correcting a cross

19         reference; amending s. 372.9905, F.S.;

20         combining and conforming provisions relating to

21         applicability of seizure and forfeiture

22         requirements; amending s. 323.001, F.S.;

23         correcting a cross reference; repealing ss.

24         372.311, 372.312, 372.313, 372.314, 372.315,

25         372.316, 372.317, 372.318, 372.319, 372.321,

26         and 372.9902, F.S., relating to forfeiture

27         proceedings, delivery of property to a

28         claimant, proceedings when no claim is filed or

29         a claim is filed, representation of the state

30         by the state attorney, judgments of forfeiture,

31         service charges, disposition of proceeds of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1243

    Amendment No. 1 (for drafter's use only)





  1         forfeiture, exercise of police power, and

  2         applicability of certain seizure and forfeiture

  3         requirements; providing an effective date.

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