Senate Bill sb0556

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    Florida Senate - 2002                                   SB 556

    By Senator Smith





    312-296C-02

  1                      A bill to be entitled

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 370.021,

  4         F.S.; providing penalties for use of illegal

  5         nets and for purchase or sale of illegally

  6         harvested products; providing for suspension or

  7         revocation of a license or permit under which a

  8         violation was committed; providing entities

  9         subject to the assessment of monetary

10         penalties; amending s. 370.06, F.S.; clarifying

11         the use of a Disability Award Notice issued by

12         the United States Social Security

13         Administration; providing requirements for a

14         restricted-species endorsement issued to a

15         disabled person; providing that saltwater

16         products delivered to a wholesale dealer are

17         presumed to have been purchased; amending s.

18         370.061, F.S.; prescribing procedures for

19         confiscation of property used in connection

20         with illegal taking of saltwater products;

21         amending s. 370.07, F.S.; prohibiting the

22         purchase or sale of illegally harvested marine

23         life; providing that saltwater products

24         delivered to a retail dealer or restaurant are

25         presumed to have been purchased; creating s.

26         372.635, F.S.; providing penalties for illegal

27         molestation of or theft from freshwater traps;

28         amending s. 372.9901, F.S.; providing

29         procedures for seizure and forfeiture of

30         certain personal property used in illegal

31         taking of deer and turkey; amending s.

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  1         372.9902, F.S.; providing for the applicability

  2         of seizure and forfeiture requirements;

  3         repealing ss. 372.311, 372.312, 372.313,

  4         372.314, 372.315, 372.317, and 372.318, F.S.,

  5         relating to forfeiture proceedings, delivery of

  6         property to a claimant, proceedings when no

  7         claim filed, or a claim is filed, judgments of

  8         forfeiture, and service charges; providing an

  9         effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Paragraph (c) of subsection (3) and

14  subsection (5) of section 370.021, Florida Statutes, are

15  amended and subsection (12) is added to that section to read:

16         370.021  Administration; rules, publications, records;

17  penalties; injunctions.--

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

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

20  saltwater license privileges under this subsection, the

21  licensee may not participate in the taking or harvesting or

22  attempt the taking or harvesting of saltwater products from

23  any vessel within the waters of the state, be aboard any

24  vessel on which a commercial quantity of saltwater products or

25  any legal or illegal net gear or trap is possessed, or engage

26  in any other activity requiring a license, permit, or

27  certificate issued pursuant to this chapter. Any person who

28  violates this paragraph is:

29         1.  Upon a first or second conviction, guilty of a

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

31

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  1  775.082 or s. 775.083 to be punished as provided by paragraph

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

  3         2.  Upon a third or subsequent conviction, guilty of a

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

  5  775.082, s. 775.083, or s. 775.084.

  6         (5)  BUYING SALTWATER PRODUCTS FROM UNLICENSED SELLER

  7  OR BUYING ILLEGALLY HARVESTED PRODUCTS.--In addition to being

  8  subject to other penalties provided in this chapter, any

  9  violation of s. 370.06 or s. 370.07, or rules of the

10  commission implementing s. 370.06 or s. 370.07, involving the

11  purchase of saltwater products by a commercial wholesale

12  dealer, retail dealer, or restaurant facility for public

13  consumption from an unlicensed person, firm, or corporation,

14  or the sale of saltwater products by an unlicensed person,

15  firm, or corporation, or involving the purchase or sale by a

16  commercial wholesale dealer, retail dealer, or restaurant

17  facility for public consumption of any marine life known to be

18  taken in violation of Section 16, Article X of the State

19  Constitution, or any rule or statute implementing its

20  provisions, shall be a major violation, and the commission may

21  assess the following penalties:

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

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

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

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

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

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

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

29  days.

30         (c)  For a third or subsequent violation occurring

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

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

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

  3

  4  Any proceeds from the civil penalties assessed pursuant to

  5  this subsection shall be deposited into the Marine Resources

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

  7  percent for administration and processing purposes and 60

  8  percent for law enforcement purposes.

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

10  purposes of imposing license or permit suspensions or

11  revocations authorized by this chapter, the license or permit

12  under which the violation was committed is subject to

13  suspension or revocation by the commission. For purposes of

14  assessing monetary civil or administrative penalties

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

16  cited and subsequently receiving a judicial disposition of

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

18  to the monetary penalty assessment by the commission.

19         Section 2.  Paragraph (a) of subsection (2) of section

20  370.06, Florida Statutes, is amended to read:

21         370.06  Licenses.--

22         (2)  SALTWATER PRODUCTS LICENSE.--

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

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

25  saltwater products, or which harvests saltwater products with

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

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

28  aquaculture certificate under s. 597.004 is not required to

29  purchase and possess a saltwater products license in order to

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

31  saltwater products license allows the holder to engage in any

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

  2  license must be in the possession of the licenseholder or

  3  aboard the vessel and shall be subject to inspection at any

  4  time that harvesting activities for which a license is

  5  required are being conducted. A restricted species endorsement

  6  on the saltwater products license is required to sell to a

  7  licensed wholesale dealer those species which the state, by

  8  law or rule, has designated as "restricted species." This

  9  endorsement may be issued only to a person who is at least 16

10  years of age, or to a firm certifying that over 25 percent of

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

12  attributable to the sale of saltwater products pursuant to a

13  license issued under this paragraph or a similar license from

14  another state. This endorsement may also be issued to a

15  for-profit corporation if it certifies that at least $5,000 of

16  its income is attributable to the sale of saltwater products

17  pursuant to a license issued under this paragraph or a similar

18  license from another state. However, if at least 50 percent of

19  the annual income of a person, firm, or for-profit corporation

20  is derived from charter fishing, the person, firm, or

21  for-profit corporation must certify that at least $2,500 of

22  the income of the person, firm, or corporation is attributable

23  to the sale of saltwater products pursuant to a license issued

24  under this paragraph or a similar license from another state,

25  in order to be issued the endorsement. Such income attribution

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

27  purpose of this section "income" means that income which is

28  attributable to work, employment, entrepreneurship, pensions,

29  retirement benefits, and social security benefits. To renew an

30  existing restricted species endorsement, a marine aquaculture

31  producer possessing a valid saltwater products license with a

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  1  restricted species endorsement may apply income from the sale

  2  of marine aquaculture products to licensed wholesale dealers.

  3         1.  The commission is authorized to require

  4  verification of such income. Acceptable proof of income earned

  5  from the sale of saltwater products shall be:

  6         a.  Copies of trip ticket records generated pursuant to

  7  this subsection (marine fisheries information system),

  8  documenting qualifying sale of saltwater products;

  9         b.  Copies of sales records from locales other than

10  Florida documenting qualifying sale of saltwater products;

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

12  including Form 1099 attachments, verifying income earned from

13  the sale of saltwater products;

14         d.  Crew share statements verifying income earned from

15  the sale of saltwater products; or

16         e.  A certified public accountant's notarized statement

17  attesting to qualifying source and amount of income.

18

19  Any provision of this section or any other section of the

20  Florida Statutes to the contrary notwithstanding, any person

21  who owns a retail seafood market or restaurant at a fixed

22  location for at least 3 years who has had an occupational

23  license for 3 years prior to January 1, 1990, who harvests

24  saltwater products to supply his or her retail store and has

25  had a saltwater products license for 1 of the past 3 years

26  prior to January 1, 1990, may provide proof of his or her

27  verification of income and sales value at the person's retail

28  seafood market or restaurant and in his or her saltwater

29  products enterprise by affidavit and shall thereupon be issued

30  a restricted species endorsement.

31

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  1         2.  Exceptions from income requirements shall be as

  2  follows:

  3         a.  A permanent restricted species endorsement shall be

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

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

  6         b.  Active military duty time shall be excluded from

  7  consideration of time necessary to qualify and shall not be

  8  counted against the applicant for purposes of qualifying.

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

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

11  for a restricted species endorsement, the purchaser of such

12  vessel shall be exempted from the qualifying income

13  requirement for the purpose of obtaining a restricted species

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

15  vessel.

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

17  possessing a restricted species endorsement, an immediate

18  family member wishing to carry on the fishing operation shall

19  be exempted from the qualifying income requirement for the

20  purpose of obtaining a restricted species endorsement for a

21  period of 1 year after the death or disablement.

22         e.  A restricted species endorsement may be issued on

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

24  older who documents that at least $2,500 is attributable to

25  the sale of saltwater products pursuant to the provisions of

26  this paragraph.

27         f.  A permanent restricted species endorsement may also

28  be issued on an individual saltwater products license to a

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

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

31

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

  2  permanently disabled by the Railroad Retirement Board, by the

  3  United States Department of Veterans Affairs or its

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

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

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

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

  8  the United States Social Security Administration or a licensed

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

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

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

12  prior to the date of the disability. A restricted-species

13  endorsement issued under this paragraph may be issued only on

14  an individual saltwater products license.

15

16  At least one saltwater products license bearing a restricted

17  species endorsement shall be aboard any vessel harvesting

18  restricted species in excess of any bag limit or when fishing

19  under a commercial quota or in commercial quantities, and such

20  vessel shall have a commercial vessel registration. This

21  subsection does not apply to any person, firm, or corporation

22  licensed under s. 370.07(1)(a)1. or (b) for activities

23  pursuant to such licenses. A saltwater products license may be

24  issued in the name of an individual or a valid boat

25  registration number. Such license is not transferable. A decal

26  shall be issued with each saltwater products license issued to

27  a valid boat registration number. The saltwater products

28  license decal shall be the same color as the vessel

29  registration decal issued each year pursuant to s. 328.48(5)

30  and shall indicate the period of time such license is valid.

31  The saltwater products license decal shall be placed beside

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  1  the vessel registration decal and, in the case of an

  2  undocumented vessel, shall be placed so that the vessel

  3  registration decal lies between the vessel registration number

  4  and the saltwater products license decal. Any saltwater

  5  products license decal for a previous year shall be removed

  6  from a vessel operating on the waters of the state. A resident

  7  shall pay an annual license fee of $50 for a saltwater

  8  products license issued in the name of an individual or $100

  9  for a saltwater products license issued to a valid boat

10  registration number. A nonresident shall pay an annual license

11  fee of $200 for a saltwater products license issued in the

12  name of an individual or $400 for a saltwater products license

13  issued to a valid boat registration number. An alien shall pay

14  an annual license fee of $300 for a saltwater products license

15  issued in the name of an individual or $600 for a saltwater

16  products license issued to a valid boat registration number.

17  Any person who sells saltwater products pursuant to this

18  license may sell only to a licensed wholesale dealer. A

19  saltwater products license must be presented to the licensed

20  wholesale dealer each time saltwater products are sold, and an

21  imprint made thereof. The wholesale dealer shall keep records

22  of each transaction in such detail as may be required by rule

23  of the commission not in conflict with s. 370.07(6), and shall

24  provide the holder of the saltwater products license with a

25  copy of the record. It is unlawful for any licensed wholesale

26  dealer to buy saltwater products from any unlicensed person

27  under the provisions of this section, except that a licensed

28  wholesale dealer may buy from another licensed wholesale

29  dealer. It is unlawful for any licensed wholesale dealer to

30  buy saltwater products designated as "restricted species" from

31  any person, firm, or corporation not possessing a restricted

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  1  species endorsement on his or her saltwater products license

  2  under the provisions of this section, except that a licensed

  3  wholesale dealer may buy from another licensed wholesale

  4  dealer. Any saltwater products delivered to the premises of a

  5  wholesale dealer are, for purposes of this subsection,

  6  presumed to have been purchased. The commission shall be the

  7  licensing agency, may contract with private persons or

  8  entities to implement aspects of the licensing program, and

  9  shall establish by rule a marine fisheries information system

10  in conjunction with the licensing program to gather fisheries

11  data.

12         Section 3.  Section 370.061, Florida Statutes, is

13  amended to read:

14         370.061  Confiscation of property and products.--

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

16  connection with the illegal taking of saltwater products is

17  subject to forfeiture as part of the commission's efforts to

18  protect the state's marine life. In all cases of arrest and

19  conviction for the illegal taking, or attempted taking, sale,

20  possession, or transportation of saltwater fish or other

21  saltwater products, such saltwater products and seines, nets,

22  boats, motors, other fishing devices or equipment, and

23  vehicles or other means of transportation used or attempted to

24  be used in connection with, as an instrumentality of, or

25  aiding and abetting in such illegal taking or attempted taking

26  are hereby declared to be nuisances, and may be seized and

27  carried before the court having jurisdiction over the criminal

28  of such offense, notwithstanding any jurisdictional

29  limitations on the amount in controversy, and said court may

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

31  saltwater violation and may order such nuisances forfeited to

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  1  the Fish and Wildlife Conservation Commission immediately

  2  after a trial and conviction of the person or persons in whose

  3  possession they were found. The requirement of a conviction

  4  before forfeiture establishes, to the exclusion of any

  5  reasonable doubt, that the property was used in connection

  6  with the violation. The procedures of chapter 932 do not apply

  7  to any forfeiture under this section. For purposes of this

  8  section, a conviction is any disposition other than acquittal

  9  or dismissal.

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

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

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

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

14  been seized by the commission. Notification must be sent

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

16  commission, after diligent inquiry, cannot ascertain the

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

18  under this section which is not otherwise unlawful, may be

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

20  time of the illegal act causing the forfeiture if such person

21  proves by a preponderance of the evidence before the court

22  having jurisdiction over the criminal offense that he or she

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

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

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

26  she is an innocent owner must be received by the Assistant

27  State Attorney who prosecuted the case and the commission's

28  Division of Law Enforcement within 15 days after receipt of

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

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

31  right to, title to, and interest in the property, subject only

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  1  to the rights and interests of bona fide lienholders., except

  2  that, If a motor vehicle is seized under the provisions of

  3  this act and is subject to any existing liens recorded under

  4  the provisions of s. 319.27, all further proceedings shall be

  5  governed by the expressed intent of the Legislature not to

  6  divest any innocent person, firm, or corporation holding such

  7  a recorded lien of any of its reversionary rights in such

  8  motor vehicle or of any of its rights as prescribed in s.

  9  319.27, and that, upon any default by the violator purchaser,

10  the said lienholder may foreclose its lien and take possession

11  of the motor vehicle involved.

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

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

14  equipment, or illegally taken, possessed, or transported

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

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

17  item or items same, such officer shall immediately procure

18  from the county court judge of the county wherein the item or

19  items they were found an order forfeiting the said saltwater

20  products, seines, nets, traps, boats, motors, or other fishing

21  devices to the commission.

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

23  things forfeited under this section the provisions of this law

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

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

26  proceeds derived from the said sale deposited in the Marine

27  Resources Conservation Trust Fund to be used for law

28  enforcement purposes or into the commission's Federal Law

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

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

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

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

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

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

  4  consent to, or had knowledge of such act.

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

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

  7  of this chapter and illegal, perishable products, or

  8  perishable products illegally taken or landed, are

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

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

11  products, and the said defendant shall have 24 hours to

12  transport the said products outside the limits of Florida for

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

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

15  order the sale of such products at the highest price

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

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

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

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

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

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

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

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

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

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

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

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

28  commission into the Marine Resources Conservation Trust Fund

29  to be used for law enforcement purposes or into the

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

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

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  1  Resources Conservation Trust Fund or the commission's Federal

  2  Law Enforcement Trust Fund shall constitute confiscation.

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

  4  FUNDING.--

  5         (a)  Any municipal or county law enforcement agency

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

  7  provisions of this chapter resulting in a forfeiture of

  8  property as provided in this section shall be entitled to

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

10  their participation in such enforcement.

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

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

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

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

15  marine enforcement unit, be used utilized to enforce the

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

17  event the law enforcement agency does not operate a marine

18  enforcement unit, any such property or proceeds shall be

19  disposed of under pursuant to the Florida Contraband

20  Forfeiture Act.

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

22  enforcement agency pursuant to this subsection shall be

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

24  the municipality or county.

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

26  Florida Statutes, are amended to read:

27         370.07  Wholesale and retail saltwater products

28  dealers; regulation.--

29         (4)  TRANSPORTATION OF SALTWATER PRODUCTS.--

30         (a)  A person transporting in this state saltwater

31  products that were produced in this state, regardless of

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

  2  bills of lading, or other similar instruments showing the

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

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

  5  Florida wholesale dealer number of the dealer of origin.

  6         (b)  A person transporting in this state saltwater

  7  products that were produced outside this state to be delivered

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

  9  possession invoices, bills of lading, or other similar

10  instruments showing the number of packages, boxes, or

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

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

13  physical address, and Florida wholesale dealer number of the

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

15         (c)  A person transporting in this state saltwater

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

17  delivered to a destination outside this state shall have in

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

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

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

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

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

23  delivered.

24         (d)  If the saltwater products in transit have come

25  came from more than one dealer, distributor, or producer, each

26  lot from each dealer shall be covered by invoices, bills of

27  lading, and other similar instruments showing the number of

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

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

30  shall display the wholesale dealer license number and the name

31

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

  2  of the lot covered by the instrument.

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

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

  5  delivering, shipping, or transporting, any saltwater products

  6  without all invoices concerning the of such products having

  7  thereon the wholesale dealer license number in the such form

  8  as may be prescribed under the provisions of this subsection

  9  and the rules and regulations of the Fish and Wildlife

10  Conservation Commission. Any saltwater products found in the

11  possession of any person who is in violation of this provision

12  may be seized by the commission and disposed of in the manner

13  provided by law.

14         (f)  Nothing contained in this subsection may be

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

16  saltwater products in an ordinary retail transaction by a

17  licensed retail dealer who has purchased such products from a

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

19  catch or products of a saltwater products licensee to a

20  Florida-licensed wholesale dealer.

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

22  to applicants who furnish to the commission satisfactory

23  evidence of law-abiding reputation and who pledge themselves

24  to faithfully observe all of the laws and regulations of this

25  state relating to the conservation of, dealing in, or taking,

26  selling, transporting, or possession of saltwater products,

27  and to cooperate in the enforcement of all such laws to every

28  reasonable extent. This pledge may be included in the

29  application for license.

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

31  facility for public consumption may not purchase or sell any

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    Florida Senate - 2002                                   SB 556
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  1  marine life known to be taken illegally, or known to be taken

  2  in violation of Section 16, Article X of the State

  3  Constitution, or any rule or statute implementing its

  4  provisions.

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

  6  subsection is guilty of a misdemeanor of the first degree,

  7  punishable as provided in s. 775.082 or s. 775.083.

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

  9  unlawful for any licensed retail dealer or any restaurant

10  licensed by the Division of Hotels and Restaurants of the

11  Department of Business and Professional Regulation to buy

12  saltwater products from any person other than a licensed

13  wholesale or retail dealer. Any saltwater products delivered

14  to the premises of a retail dealer or a restaurant are

15  presumed, for purposes of this subsection, to have been

16  purchased.

17         Section 5.  Section 372.635, Florida Statutes, is

18  created to read:

19         372.635  Illegal molestation of or theft from

20  freshwater traps.--

21         (1)  It is a felony of the third degree, punishable as

22  provided in s. 775.082 or s. 775.083, for any person, firm, or

23  corporation to willfully molest any authorized and lawfully

24  permitted freshwater fishing gear, belonging to another

25  without the express written consent of the gear's owner which

26  is available for immediate inspection; or to willfully remove

27  the contents of any authorized and lawfully permitted

28  freshwater gear belonging to another without the express

29  written consent of the gear's owner available for immediate

30  inspection. Any person, firm, or corporation convicted of

31  removing the contents of freshwater fishing gear shall

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    Florida Senate - 2002                                   SB 556
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  1  permanently lose all of his or her freshwater and saltwater

  2  fishing privileges, including his or her recreational and

  3  commercial licenses and endorsements. In addition, any person,

  4  firm, or corporation convicted of violating this subsection

  5  shall also be assessed an administrative penalty of up to

  6  $5,000. In such cases, endorsements are nontransferable.

  7  Immediately upon receiving a citation for a violation of

  8  removing the contents of freshwater fishing gear and until

  9  adjudicated for such a violation, or if convicted of such a

10  violation, the person, firm, or corporation committing the

11  violation is prohibited from transferring any endorsements.

12         (2)  For purposes of this section, the term "freshwater

13  fishing gear" means haul seines, slat baskets, wire traps, or

14  pound nets, and includes the lines or buoys attached thereto.

15         Section 6.  Section 372.9901, Florida Statutes, is

16  amended to read:

17         372.9901  Seizure of illegal hunting devices;

18  disposition; appraisal; forfeiture.--

19         (1)  Any vehicle, vessel, animal, gun, light, or other

20  hunting device used or attempted to be used in connection

21  with, as an instrumentality of, or aiding and abetting in the

22  commission of an offense prohibited by s. 372.99 is subject to

23  forfeiture in order to protect the state's wildlife

24  resources., shall be seized by the arresting officer, who

25  shall promptly make return of the seizure and deliver the

26  property to the director of the Fish and Wildlife Conservation

27  Commission. The return shall describe the property seized and

28  recite in detail the facts and circumstances under which it

29  was seized, together with the reason that the property was

30  subject to seizure. The return shall also contain the names of

31

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    Florida Senate - 2002                                   SB 556
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  1  all persons known to the officer to be interested in the

  2  property.

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

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

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

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

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

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

  9         (3)  Upon conviction of the person in whose possession

10  the property was found, the court having jurisdiction over the

11  criminal offense, notwithstanding any jurisdictional

12  limitations on the amount in controversy, may make a finding

13  that the property was used in connection with a violation of

14  s. 372.99 and, upon such finding, order the property forfeited

15  to the commission. The requirement for a conviction before

16  forfeiture establishes, to the exclusion of any reasonable

17  doubt, that the property was used in connection with a

18  volation. The procedures of chapter 932 do not apply to any

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

20  conviction is any disposition other than acquittal or

21  dismissal.

22         (2)  The commission shall seize the property and notify

23  the registered owner, if any, that the property has been

24  seized by the commission. Notification must be sent within 14

25  days after the seizure of the property. If the commission,

26  after diligent inquiry, cannot ascertain the registered owner,

27  the notice requirement is satisfied. Any property seized under

28  this section which is not otherwise unlawful may be returned

29  to the person or persons holding title thereto at the time of

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

31  preponderance of the evidence before the court having

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    Florida Senate - 2002                                   SB 556
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  1  jurisdiction over the criminal offense that he or she in no

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

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

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

  5  innocent owner must be received by the Assistant State

  6  Attorney who prosecuted the case and the commission's Division

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

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

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

10  to, and interest in the property, subject only to the rights

11  and interests of bona fide lien holders. violator, the

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

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

14  372.312-372.318, where not inconsistent with this section.

15         (3)  All amounts received from the sale or other

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

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

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

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

20  the director of the Fish and Wildlife Conservation Commission.

21         Section 7.  Section 372.9902, Florida Statutes, is

22  amended to read:

23         372.9902  Inapplicability of ss. 372.99 and

24  372.9901.--The provisions of ss. 372.99 and 372.9901 relating

25  to seizure and forfeiture of vehicles, vessels, and animals do

26  shall not apply when such vehicles, vessels, or animals are

27  owned by, or titled in the name of, innocent parties and

28  provided further that such provisions shall not vitiate any

29  valid lien, retain title contract, or chattel mortgage on such

30  vehicles, vessels, or animals if such lien, retain title

31

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    Florida Senate - 2002                                   SB 556
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  1  contract, or chattel mortgage is properly of public record at

  2  the time of the seizure.

  3         Section 8.  Sections 372.311, 372.312, 372.313.

  4  372.314, 372.315, 372.317, and 372.318, Florida Statutes, are

  5  repealed.

  6         Section 9.  This act shall take effect July 1, 2002.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Provides penalties for use of illegal nets and for
      purchase or sale of illegally harvested marine life.
11    Clarifies the status of a Disability Notice from the
      Social Security Administration. Provides a presumption
12    when saltwater products are delivered to a wholesale
      dealer, retail dealer, or restaurant. Provides procedures
13    for confiscation of property used in connection with the
      taking of saltwater products. Prohibits the purchase or
14    sale of illegally harvested marine life. Provides
      penalties for the illegal molestation of or theft from
15    freshwater traps. Provides procedures for seizure and
      forfeiture of personal property used in the illegal
16    taking of deer and turkey. Provides for the applicability
      of seizure and forfeiture requirements. Repeals
17    provisions relating to forfeiture proceedings, delivery
      of property to a claimant, proceeding when a claim is
18    filed or no claims filed, judgments of forfeiture, and
      service charges.
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