Senate Bill sb1050er

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  1                                 

  2         An act relating to the Fish and Wildlife

  3         Conservation Commission; amending s. 370.021,

  4         F.S.; providing additional penalties for the

  5         unlicensed sale or purchase of a saltwater

  6         product or the harvest or attempted harvest

  7         with intent to sell of a saltwater product;

  8         provides for civil penalties, imprisonment,

  9         permanent revocation of license privileges, and

10         forfeiture of property involved in the offense;

11         amending s. 327.30, F.S.; increasing the

12         threshold amount at which a boating accident

13         resulting in property damage only must be

14         reported to the Division of Law Enforcement of

15         the commission and certain other law

16         enforcement agencies; amending s. 327.43, F.S.;

17         deleting certain restrictions and penalties for

18         anchoring or mooring a vessel within Silver

19         Glen Run and Silver Glen Springs; repealing ss.

20         370.15(6) and 370.153(3)(c), F.S., relating to

21         live bait shrimping; amending ss. 370.1535 and

22         370.154, F.S., relating to the regulation of

23         shrimp fishing; conforming provisions to

24         changes made by the act; amending s. 370.01,

25         F.S.; defining the term "molest" for purposes

26         of saltwater fisheries; amending s. 370.061,

27         F.S.; conforming a cross-reference; amending s.

28         370.1107, F.S.; providing additional penalties

29         for offenses involving unlawful possession of

30         or interference with saltwater fisheries traps;

31         amending s. 370.13, F.S.; revising penalties


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 1         for theft from, and providing penalties for

 2         theft of, stone crab traps; amending s.

 3         370.135, F.S.; revising penalties for theft

 4         from, and providing penalties for theft of,

 5         blue crab traps; amending s. 370.142, F.S.;

 6         revising penalties for theft from, and

 7         providing penalties for theft or molestation

 8         of, spiny lobster traps; amending s. 327.73,

 9         F.S.; correcting a cross-reference; authorizing

10         the clerk of the court to dismiss expired

11         vessel registration citations upon proof of

12         valid registration at the time of the offense;

13         authorizing a dismissal fee; repealing s. 5(4),

14         ch. 99-245, Laws of Florida, relating to the

15         assignment of bureaus within the commission;

16         providing an effective date.

17  

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

19  

20         Section 1.  Present subsections (6) through (12) of

21  section 370.021, Florida Statutes, are redesignated as

22  subsections (7) through (13), respectively, and a new

23  subsection (6) is added to that section to read:

24         370.021  Administration; rules, publications, records;

25  penalties; injunctions.--

26         (6)  PENALTIES FOR UNLICENSED SALE, PURCHASE, OR

27  HARVEST.--It is a major violation and punishable as provided

28  in this subsection for an unlicensed person who is required to

29  be licensed under this chapter to sell or purchase any

30  saltwater product or to harvest or attempt to harvest any

31  saltwater product with intent to sell the saltwater product.


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 1         (a)  Any person who sells or purchases any saltwater

 2  product without having purchased the licenses required by this

 3  chapter for such sale is subject to additional penalties as

 4  follows:

 5         1.  A first violation is a misdemeanor of the second

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

 7         2.  A second violation is a misdemeanor of the first

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

 9  and such person may also be assessed a civil penalty of up to

10  $2,500 and is subject to a suspension of all license

11  privileges under chapters 370 and 372 for a period not

12  exceeding 90 days.

13         3.  A third violation is a misdemeanor of the first

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

15  with a mandatory minimum term of imprisonment of 6 months, and

16  such person may also be assessed a civil penalty of up to

17  $5,000 and is subject to a suspension of all license

18  privileges under chapters 370 and 372 for a period not

19  exceeding 6 months.

20         4.  A third violation within 1 year after a second

21  violation is a felony of the third degree, punishable as

22  provided in s. 775.082 or s. 775.083, with a mandatory minimum

23  term of imprisonment of 1 year, and such person shall be

24  assessed a civil penalty of $5,000 and all license privileges

25  under chapters 370 and 372 shall be permanently revoked.

26         5.  A fourth or subsequent violation is a felony of the

27  third degree, punishable as provided in s. 775.082 or s.

28  775.083, with a mandatory minimum term of imprisonment of 1

29  year, and such person shall be assessed a civil penalty of

30  $5,000 and all license privileges under chapters 370 and 372

31  shall be permanently revoked.


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 1         (b)  Any person whose license privileges under chapter

 2  370 have been permanently revoked and who thereafter sells or

 3  purchases or who attempts to sell or purchase any saltwater

 4  product commits a felony of the third degree, punishable as

 5  provided in s. 775.082 or s. 775.083, with a mandatory minimum

 6  term of imprisonment of 1 year, and such person shall also be

 7  assessed a civil penalty of $5,000. All property involved in

 8  such offense shall be forfeited pursuant to s. 370.061.

 9         (c)  Any person whose license privileges under chapter

10  370 are under suspension and who during such period of

11  suspension sells or purchases or attempts to sell or purchase

12  any saltwater product shall be assessed the following

13  penalties:

14         1.  A first violation, or a second violation occurring

15  more than 12 months after a first violation, is a first degree

16  misdemeanor, punishable as provided in ss. 775.082 and

17  775.083, and such person may be assessed a civil penalty of up

18  to $2,500 and an additional suspension of all license

19  privileges under chapters 370 and 372 for a period not

20  exceeding 90 days.

21         2.  A second violation occurring within 12 months of a

22  first violation is a third degree felony, punishable as

23  provided in ss. 775.082 and 775.083, with a mandatory minimum

24  term of imprisonment of 1 year, and such person may be

25  assessed a civil penalty of up to $5,000 and an additional

26  suspension of all license privileges under chapters 370 and

27  372 for a period not exceeding 180 days. All property involved

28  in such offense shall be forfeited pursuant to s. 370.061.

29         3.  A third volation within 24 months of the second

30  violation or subsequent violation is a third degree felony,

31  punishable as provided in ss. 775.082 and 775.083, with a


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 1  mandatory minimum term of imprisonment of 1 year, and such

 2  person shall be assessed a mandatory civil penalty of up to

 3  $5,000 and an additional suspension of all license privileges

 4  under chapters 370 and 372 for a period not exceeding 24

 5  months. All property involved in such offense shall be

 6  forfeited pursuant to s. 370.061.

 7         (d)  Any person who harvests or attempts to harvest any

 8  saltwater product with intent to sell the saltwater product

 9  without having purchased a saltwater products license with the

10  requisite endorsements is subject to penalties as follows:

11         1.  A first violation is a misdemeanor of the second

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

13         2.  A second violation is a misdemeanor of the first

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

15  and such person may also be assessed a civil penalty of up to

16  $2,500 and is subject to a suspension of all license

17  privileges under chapters 370 and 372 for a period not

18  exceeding 90 days.

19         3.  A third violation is a misdemeanor of the first

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

21  with a mandatory minimum term of imprisonment of 6 months, and

22  such person may also be assessed a civil penalty of up to

23  $5,000 and is subject to a suspension of all license

24  privileges under chapters 370 and 372 for a period not

25  exceeding 6 months.

26         4.  A third violation within 1 year after a second

27  violation is a felony of the third degree, punishable as

28  provided in s. 775.082 or s. 775.083, with a mandatory minimum

29  term of imprisonment of 1 year, and such person shall also be

30  assessed a civil penalty of $5,000 and all license privileges

31  under chapters 370 and 372 shall be permanently revoked.


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 1         5.  A fourth or subsequent violation is a felony of the

 2  third degree, punishable as provided in s. 775.082 or s.

 3  775.083, with a mandatory minimum term of imprisonment of 1

 4  year, and such person shall also be assessed a mandatory civil

 5  penalty of $5,000 and all license privileges under chapters

 6  370 and 372 shall be permanently revoked.

 7  

 8  For purposes of this subsection, a violation means any

 9  judicial disposition other than acquittal or dismissal.

10         Section 2.  Subsection (2) of section 327.30, Florida

11  Statutes, is amended to read:

12         327.30  Collisions, accidents, and casualties.--

13         (2)  In the case of collision, accident, or other

14  casualty involving a vessel in or upon or entering into or

15  exiting from the water, including capsizing, collision with

16  another vessel or object, sinking, personal injury requiring

17  medical treatment beyond immediate first aid, death,

18  disappearance of any person from on board under circumstances

19  which indicate the possibility of death or injury, or damage

20  to any vessel or other property in an apparent aggregate

21  amount of at least $2,000 $500, the operator shall without

22  delay, by the quickest means available give notice of the

23  accident to one of the following agencies: the Division of Law

24  Enforcement of the Fish and Wildlife Conservation Commission;

25  the sheriff of the county within which the accident occurred;

26  or the police chief of the municipality within which the

27  accident occurred, if applicable.

28         Section 3.  Section 327.43, Florida Statutes, is

29  amended to read:

30         327.43  Silver Glen Run and Silver Glen Springs;

31  navigation channel; anchorage buoys; violations.--


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 1         (1)  The Fish and Wildlife Conservation Commission is

 2  hereby directed to mark a navigation channel within Silver

 3  Glen Run and Silver Glen Springs, located on the western shore

 4  of Lake George on the St. Johns River.

 5         (2)  The commission is further directed to establish

 6  permanent anchorage buoys within Silver Glen Run and Silver

 7  Glen Springs.

 8         (3)  Vessel anchorage or mooring shall only be allowed

 9  utilizing permanently established anchorage buoys. No vessel

10  shall anchor or otherwise attach, temporarily or permanently,

11  to the bottom within Silver Glen Run or Silver Glen Springs.

12         (4)  Any violation of this act shall constitute a

13  violation of the boating laws of this state and shall be

14  punishable by issuance of a uniform boating citation as

15  provided in s. 327.74. Any person who refuses to post a bond

16  or accept and sign a uniform boating citation, as provided in

17  s. 327.73(3), commits a misdemeanor of the second degree,

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

19         Section 4.  Subsection (6) of section 370.15, Florida

20  Statutes, and paragraph (c) of subsection (3) of section

21  370.153, Florida Statutes, are repealed.

22         Section 5.  Paragraph (d) of subsection (2) of section

23  370.1535, Florida Statutes, is amended to read:

24         370.1535  Regulation of shrimp fishing in Tampa Bay;

25  licensing requirements.--

26         (2)  The Fish and Wildlife Conservation Commission is

27  authorized to issue a dead shrimp production permit to persons

28  qualified pursuant to the following criteria:

29         (d)  No person shall be issued a permit or be allowed

30  to renew a permit if such person is registered for

31  noncommercial trawling pursuant to s. 370.15(4) or if such


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 1  person holds a live bait shrimping license issued pursuant to

 2  s. 370.15(6).

 3         Section 6.  Section 370.154, Florida Statutes, is

 4  amended to read:

 5         370.154  Shrimp regulations; closed areas; suspension

 6  of license, etc.--Any person convicted of taking shrimp in a

 7  closed area who is punishable under s. 370.15(5) or (6) shall,

 8  in addition to the penalties set forth therein, have his or

 9  her permit and the permit of the boat involved in the

10  violation, issued pursuant to s. 370.15(4), revoked, if the

11  person holds such a permit, and he or she shall be ineligible

12  to make application for such a permit for a period of 2 years

13  from the date of such conviction.  If a person not having a

14  permit is convicted hereunder, that person and the boat

15  involved in the violation shall not be eligible for such a

16  permit for 5 years.

17         Section 7.  Present subsections (15) through (27) of

18  section 370.01, Florida Statutes, are renumbered as

19  subsections (16) through (28), respectively, and a new

20  subsection (15) is added to that section, to read:

21         370.01  Definitions.--In construing these statutes,

22  where the context does not clearly indicate otherwise, the

23  word, phrase, or term:

24         (15)  "Molest," in connection with any fishing trap or

25  its buoy or buoy line, means to touch, bother, disturb, or

26  interfere or tamper with, in any manner.

27         Section 8.  Paragraph (d) of subsection (5) of section

28  370.061, Florida Statutes, is amended to read:

29         370.061  Confiscation, seizure, and forfeiture of

30  property and products.--

31  


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 1         (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER

 2  PRODUCTS; PROCEDURE.--

 3         (d)  For purposes of confiscation under this

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

 5  out in s. 370.01(26) s. 370.01(25), except that the term does

 6  not include saltwater products harvested under the authority

 7  of a recreational license unless the amount of such harvested

 8  products exceeds three times the applicable recreational bag

 9  limit for trout, snook, or redfish.

10         Section 9.  Paragraph (c) of subsection (2) of section

11  370.1107, Florida Statutes, is amended to read:

12         370.1107  Definition; possession of certain licensed

13  traps prohibited; penalties; exceptions; consent.--

14         (2)  It is unlawful for any person, firm, corporation,

15  or association to be in actual or constructive possession of a

16  licensed saltwater fisheries trap registered with the Fish and

17  Wildlife Conservation Commission in another person's, firm's,

18  corporation's, or association's name.

19         (c)  Upon receipt of any judicial disposition other

20  than dismissal or acquittal on a charge of violating the

21  arrest and conviction for violation of this section or any

22  provision of law or rule making unlawful the possession of

23  another's saltwater fishing trap, a person shall permanently

24  lose all saltwater fishing privileges, including licenses,

25  trap certificates, and the ability to transfer trap

26  certificates, any licenseholder shall show just cause why his

27  or her license shall not be suspended or permanently revoked.

28         Section 10.  Paragraph (b) of subsection (2) of section

29  370.13, Florida Statutes, is amended to read:

30         370.13  Stone crab; regulation.--

31  


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 1         (2)  PENALTIES.--For purposes of this subsection,

 2  conviction is any disposition other than acquittal or

 3  dismissal, regardless of whether the violation was adjudicated

 4  under any state or federal law.

 5         (b)  It is unlawful for any person to remove the

 6  contents of another harvester's trap or take possession of

 7  such without the express written consent of the trap owner

 8  available for immediate inspection.  Such Unauthorized

 9  possession of another's trap gear or removal of trap contents

10  constitutes theft. Any person convicted of theft of or from a

11  trap pursuant to this subsection or s. 370.1107 shall, in

12  addition to the penalties specified in s. 370.021 and the

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

14  saltwater fishing privileges, including saltwater products

15  licenses, stone crab or incidental take endorsements, and all

16  trap certificates allotted to him or her by the commission. In

17  such cases, trap certificates and endorsements are

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

19  convicted of violating the prohibitions referenced in this

20  paragraph shall also be assessed an administrative penalty of

21  up to $5,000. Immediately upon receiving a citation for a

22  violation involving theft of or from a trap and until

23  adjudicated for such a violation, or, upon receipt of a

24  judicial disposition other than dismissal or acquittal on if

25  convicted of such a violation, the violator is prohibited from

26  transferring any stone crab or lobster certificates.

27         Section 11.  Subsection (1) of section 370.135, Florida

28  Statutes, is amended to read:

29         370.135  Blue crab; regulation.--

30         (1)  No person, firm, or corporation shall transport on

31  the water, fish with or cause to be fished with, set, or place


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 1  any trap designed for taking blue crabs unless such person,

 2  firm, or corporation is the holder of a valid saltwater

 3  products license issued pursuant to s. 370.06 and the trap has

 4  a current state number permanently attached to the buoy. The

 5  trap number shall be affixed in legible figures at least 1

 6  inch high on each buoy used. The saltwater products license

 7  must be on board the boat, and both the license and the crabs

 8  shall be subject to inspection at all times.  Only one trap

 9  number may be issued for each boat by the commission upon

10  receipt of an application on forms prescribed by it.  This

11  subsection shall not apply to an individual fishing with no

12  more than five traps.  It is a felony of the third degree,

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

14  775.084, for any person willfully to molest any traps, lines,

15  or buoys, as defined herein, belonging to another without the

16  express written consent of the trap owner permission of the

17  licenseholder. Any person receiving a judicial disposition

18  other than dismissal or acquittal on a charge of willful

19  molestation of a trap, in addition to the penalties specified

20  in s. 370.021, shall lose all saltwater fishing privileges for

21  a period of 24 calendar months. It is unlawful for any person

22  to remove the contents of or take possession of another

23  harvester's trap without the express written consent of the

24  trap owner available for immediate inspection. Such

25  Unauthorized possession of another's trap gear or removal of

26  trap contents constitutes theft. Any person receiving a

27  judicial disposition other than dismissal or acquittal on a

28  charge convicted of theft of or from a trap pursuant to this

29  section or s. 370.1107 shall, in addition to the penalties

30  specified in s. 370.021 and the provisions of this section,

31  permanently lose all his or her saltwater fishing privileges


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 1  including his or her saltwater products license and blue crab

 2  endorsement. In such cases endorsements, landings history, and

 3  trap certificates are nontransferable. In addition, any

 4  person, firm, or corporation receiving a judicial disposition

 5  other than dismissal or acquittal for convicted of violating

 6  this subsection or s. 370.1107 shall also be assessed an

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

 8  receiving a citation for a violation involving theft of or

 9  from a trap and until adjudicated for such a violation, or

10  receiving a judicial disposition other than dismissal or

11  acquittal for if convicted of such a violation, the person,

12  firm, or corporation committing the violation is prohibited

13  from transferring any blue crab endorsements, landings

14  history, or trap certificates.

15         Section 12.  Paragraph (c) of subsection (2) of section

16  370.142, Florida Statutes, is amended to read:

17         370.142  Spiny lobster trap certificate program.--

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

19  PENALTIES.--The Fish and Wildlife Conservation Commission

20  shall establish a trap certificate program for the spiny

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

22  administration and enforcement as follows:

23         (c)  Prohibitions; penalties.--

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

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

26  waters without having affixed thereto the trap tag required by

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

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

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

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

31  Administrative Code.


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

 2  lobster trap tags without having the necessary number of

 3  certificates on record as required by this section.

 4         3.  It is unlawful for any person to willfully molest,

 5  take possession of, or remove the contents of another

 6  harvester's trap without the express written consent of the

 7  trap owner available for immediate inspection. Such

 8  Unauthorized possession of another's trap gear or removal of

 9  trap contents constitutes theft. Any person receiving a

10  judicial disposition other than dismissal or acquittal on a

11  charge convicted of theft of or from a trap pursuant to this

12  subparagraph or s. 370.1107 shall, in addition to the

13  penalties specified in ss. 370.021 and 370.14 and the

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

15  saltwater fishing privileges, including his or her saltwater

16  products license, crawfish endorsement, and all trap

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

18  such cases, trap certificates and endorsements are

19  nontransferable.  Any person receiving a judicial disposition

20  other than dismissal or acquittal on a charge of willful

21  molestation of a trap, in addition to the penalties specified

22  in ss. 370.021 and 370.14, shall lose all saltwater fishing

23  privileges for a period of 24 calendar months. In addition,

24  any person, firm, or corporation charged with convicted of

25  violating this paragraph and receiving a judicial disposition

26  other than dismissal or acquittal for violating this

27  subparagraph or s. 370.1107 shall also be assessed an

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

29  receiving a citation for a violation involving theft of or

30  from a trap, or molestation of a trap, and until adjudicated

31  for such a violation or, upon receipt of a judicial


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 1  disposition other than dismissal or acquittal if convicted of

 2  such a violation, the person, firm, or corporation committing

 3  the violation is prohibited from transferring any crawfish

 4  trap certificates and endorsements.

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

 6  370.021, a commercial harvester, as defined by rule

 7  68B-24.002(1), Florida Administrative Code, who violates the

 8  provisions of this section, or the provisions relating to

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

10  punished as follows:

11         a.  If the first violation is for violation of

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

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

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

15  may be suspended for the remainder of the current license

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

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

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

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

20  such violation, the commission shall assess an additional

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

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

23  the remainder of the current license year.

24         c.  For a third or subsequent violation of subparagraph

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

26  months of any previous two such violations, the commission

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

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

29  370.14(2) or (6) for a period of up to 24 months or may revoke

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

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


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 1  products license in accordance with the provisions of s.

 2  370.021(2)(h).

 3         d.  Any person assessed an additional civil penalty

 4  pursuant to this section shall within 30 calendar days after

 5  notification:

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

 7         (II)  Request an administrative hearing pursuant to the

 8  provisions of s. 120.60.

 9         e.  The commission shall suspend the crawfish trap

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

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

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

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

14  certificate.

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

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

17  spiny lobster trap tag or certificate.

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

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

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

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

22  spiny lobster trap tag or certificate unless such action is

23  duly authorized by the commission as provided in this chapter

24  or in the rules of the commission.

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

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

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

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

29  during any period while such crawfish trap number is under

30  suspension or revocation, commits a felony of the third

31  


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

 2  s. 775.084.

 3         b.  In addition to any penalty imposed pursuant to

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

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

 6  the fair market value of the transferred certificates, as

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

 8  provisions of sub-subparagraph 5.c.

 9         7.  Any certificates for which the annual certificate

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

11  abandoned and shall revert to the commission. During any

12  period of trap reduction, any certificates reverting to the

13  commission shall become permanently unavailable and be

14  considered in that amount to be reduced during the next

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

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

17  provided by the commission.

18         8.  The proceeds of all civil penalties collected

19  pursuant to subparagraph 4. and all fines collected pursuant

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

21  Resources Conservation Trust Fund.

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

23  any period of suspension or revocation.

24         Section 13.  Paragraph (g) of subsection (1) and

25  subsection (4) of section 327.73, Florida Statutes, are

26  amended to read:

27         327.73  Noncriminal infractions.--

28         (1)  Violations of the following provisions of the

29  vessel laws of this state are noncriminal infractions:

30         (g)  Section 328.72(13)(14), relating to operation with

31  an expired registration.


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 1  

 2  Any person cited for a violation of any such provision shall

 3  be deemed to be charged with a noncriminal infraction, shall

 4  be cited for such an infraction, and shall be cited to appear

 5  before the county court. The civil penalty for any such

 6  infraction is $50, except as otherwise provided in this

 7  section. Any person who fails to appear or otherwise properly

 8  respond to a uniform boating citation shall, in addition to

 9  the charge relating to the violation of the boating laws of

10  this state, be charged with the offense of failing to respond

11  to such citation and, upon conviction, be guilty of a

12  misdemeanor of the second degree, punishable as provided in s.

13  775.082 or s. 775.083. A written warning to this effect shall

14  be provided at the time such uniform boating citation is

15  issued.

16         (4)  Any person charged with a noncriminal infraction

17  under this section may:

18         (a)  Pay the civil penalty, either by mail or in

19  person, within 30 days of the date of receiving the citation;

20  or,

21         (b)  If he or she has posted bond, forfeit bond by not

22  appearing at the designated time and location.

23  

24  If the person cited follows either of the above procedures, he

25  or she shall be deemed to have admitted the noncriminal

26  infraction and to have waived the right to a hearing on the

27  issue of commission of the infraction.  Such admission shall

28  not be used as evidence in any other proceedings. If a person

29  who is cited for a violation of s. 327.395 can show a boating

30  safety identification card issued to that person and valid at

31  the time of the citation, the clerk of the court may dismiss


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 1  the case and may assess a $5 dismissal fee. If a person who is

 2  cited for a violation of s. 328.72(13) can show proof of

 3  having a registration for that vessel which was valid at the

 4  time of the citation, the clerk may dismiss the case and may

 5  assess a $5 dismissal fee.

 6         Section 14.  Subsection (4) of section 5 of chapter

 7  99-245, Laws of Florida, is repealed.

 8         Section 15.  This act shall take effect July 1, 2003.

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