HB 1639 2003
1	CHAMBER ACTION
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6	The Committee on Appropriations recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to state waters and marine resources;
12	amending s. 327.30, F.S.; revising notification
13	requirements for described boating accidents; amending s.
14	327.43, F.S.; removing requirement that the Fish and
15	Wildlife Conservation Commission place certain buoys;
16	deleting certain prohibitions; deleting penalties for
17	violation; amending s. 327.73, F.S.; correcting a
18	reference; authorizing the clerk of the circuit court to
19	dismiss a citation for expired boating registration under
20	certain circumstances; amending s. 370.01, F.S.; defining
21	"molest"; amending s. 370.021, F.S.; revising penalties
22	for described violations of saltwater products licensing
23	requirements; amending s. 370.061, F.S.; correcting a
24	cross reference; amending s. 370.1107, F.S; revising
25	penalties for unlawful possession of registered saltwater
26	fisheries traps; amending s. 370.13, F.S.; revising
27	penalties for unlawful possession of registered stone crab
28	traps or removal of trap contents; amending s. 370.135,
29	F.S.; revising penalties for unlawful possession of
30	registered blue crab traps or removal of trap contents;
31	amending s. 370.142, F.S.; prohibiting willful molestation
32	or possession of spiny lobster traps; revising penalties
33	for unlawful possession of spiny lobster traps or removal
34	of trap contents; amending 370.15, F.S.; deleting license
35	requirement for live bait shrimping; amending s. 370.153,
36	F.S.; deleting provisions requiring certain equipment
37	while live bait shrimping; amending ss. 370.1535 and
38	370.154, F.S.; correcting cross references; reenacting ss.
39	370.0603(2)(d), 370.07(5)(c) and (6)(b), and 372.5704(5),
40	F.S., to incorporate amendments made by the act in
41	references thereto; providing an effective date.
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43	Be It Enacted by the Legislature of the State of Florida:
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45	Section 1. Subsection (2) of section 327.30, Florida
46	Statutes, is amended to read:
47	327.30 Collisions, accidents, and casualties.--
48	(2) In the case of collision, accident, or other casualty
49	involving a vessel in or upon or entering into or exiting from
50	the water, including capsizing, collision with another vessel or
51	object, sinking, personal injury requiring medical treatment
52	beyond immediate first aid, death, disappearance of any person
53	from on board under circumstances which indicate the possibility
54	of death or injury, or damage to any vessel or other property in
55	an apparent aggregate amount of at least $2,000$500, the
56	operator shall without delay, by the quickest means available
57	give notice of the accident to one of the following agencies:
58	the Division of Law Enforcement of the Fish and Wildlife
59	Conservation Commission; the sheriff of the county within which
60	the accident occurred; or the police chief of the municipality
61	within which the accident occurred, if applicable.
62	Section 2. Section 327.43, Florida Statutes, is amended to
63	read:
64	327.43 Silver Glen Run and Silver Glen Springs; navigation
65	channel; anchorage buoys; violations.--
66	(1)The Fish and Wildlife Conservation Commission is
67	hereby directed to mark a navigation channel within Silver Glen
68	Run and Silver Glen Springs, located on the western shore of
69	Lake George on the St. Johns River.
70	(2) The commission is further directed to establish
71	permanent anchorage buoys within Silver Glen Run and Silver Glen
72	Springs.
73	(3) Vessel anchorage or mooring shall only be allowed
74	utilizing permanently established anchorage buoys. No vessel
75	shall anchor or otherwise attach, temporarily or permanently, to
76	the bottom within Silver Glen Run or Silver Glen Springs.
77	(4) Any violation of this act shall constitute a violation
78	of the boating laws of this state and shall be punishable by
79	issuance of a uniform boating citation as provided in s. 327.74.
80	Any person who refuses to post a bond or accept and sign a
81	uniform boating citation, as provided in s. 327.73(3), commits a
82	misdemeanor of the second degree, punishable as provided in s.
83	775.082 or s. 775.083.
84	Section 3. Paragraph (g) of subsection (1) and subsection
85	(4) of section 327.73, Florida Statutes, are amended to read:
86	327.73 Noncriminal infractions.--
87	(1) Violations of the following provisions of the vessel
88	laws of this state are noncriminal infractions:
89	(g) Section 328.72(13)(14), relating to operation with an
90	expired registration.
91
92	Any person cited for a violation of any such provision shall be
93	deemed to be charged with a noncriminal infraction, shall be
94	cited for such an infraction, and shall be cited to appear
95	before the county court. The civil penalty for any such
96	infraction is $50, except as otherwise provided in this section.
97	Any person who fails to appear or otherwise properly respond to
98	a uniform boating citation shall, in addition to the charge
99	relating to the violation of the boating laws of this state, be
100	charged with the offense of failing to respond to such citation
101	and, upon conviction, be guilty of a misdemeanor of the second
102	degree, punishable as provided in s. 775.082 or s. 775.083. A
103	written warning to this effect shall be provided at the time
104	such uniform boating citation is issued.
105	(4) Any person charged with a noncriminal infraction under
106	this section may:
107	(a) Pay the civil penalty, either by mail or in person,
108	within 30 days of the date of receiving the citation; or,
109	(b) If he or she has posted bond, forfeit bond by not
110	appearing at the designated time and location.
111
112	If the person cited follows either of the above procedures, he
113	or she shall be deemed to have admitted the noncriminal
114	infraction and to have waived the right to a hearing on the
115	issue of commission of the infraction. Such admission shall not
116	be used as evidence in any other proceedings. If a person who is
117	cited for a violation of s. 327.395 can show a boating safety
118	identification card issued to that person and valid at the time
119	of the citation, the clerk of the court may dismiss the case and
120	may assess a $5 dismissal fee. If a person who is cited for a
121	violation of s. 328.72(13) can show proof of having a
122	registration for that vessel that was valid at the time of the
123	citation, the clerk can dismiss the case and assess a $5
124	dismissal fee.
125	Section 4. Subsections (15) through (27) of section
126	370.01, Florida Statutes, are redesignated as subsections (16)
127	through (28), respectively, and a new subsection (15) is added
128	to said section to read:
129	370.01 Definitions.--In construing these statutes, where
130	the context does not clearly indicate otherwise, the word,
131	phrase, or term:
132	(15) "Molest" in connection with any fishing trap or its
133	buoy or buoy line means to touch, bother, disturb, or interfere
134	or tamper with, in any manner.
135	Section 5. Section 370.021, Florida Statutes, is amended
136	to read:
137	370.021 Administration; rules, publications, records;
138	penalties; injunctions.--
139	(1) PENALTIES.--Unless otherwise provided by law, any
140	person, firm, or corporation who is convicted for violating any
141	provision of this chapter, or any rule of the Fish and Wildlife
142	Conservation Commission relating to the conservation of marine
143	resources, shall be punished:
144	(a) Upon a first conviction, by imprisonment for a period
145	of not more than 60 days or by a fine of not less than $100 nor
146	more than $500, or by both such fine and imprisonment.
147	(b) On a second or subsequent conviction within 12 months,
148	by imprisonment for not more than 6 months or by a fine of not
149	less than $250 nor more than $1,000, or by both such fine and
150	imprisonment.
151
152	Upon final disposition of any alleged offense for which a
153	citation for any violation of this chapter or the rules of the
154	commission has been issued, the court shall, within 10 days,
155	certify the disposition to the commission.
156	(2) MAJOR VIOLATIONS.--In addition to the penalties
157	provided in paragraphs (1)(a) and (b), the court shall assess
158	additional penalties against any person, firm, or corporation
159	convicted of major violations as follows:
160	(a) For a violation involving more than 100 illegal blue
161	crabs, crawfish, or stone crabs, an additional penalty of $10
162	for each illegal blue crab, crawfish, stone crab, or part
163	thereof.
164	(b) For a violation involving the taking or harvesting of
165	shrimp from a nursery or other prohibited area, or any two
166	violations within a 12-month period involving shrimping gear,
167	minimum size (count), or season, an additional penalty of $10
168	for each pound of illegal shrimp or part thereof.
169	(c) For a violation involving the taking or harvesting of
170	oysters from nonapproved areas or the taking or possession of
171	unculled oysters, an additional penalty of $10 for each bushel
172	of illegal oysters.
173	(d) For a violation involving the taking or harvesting of
174	clams from nonapproved areas, an additional penalty of $100 for
175	each 500 count bag of illegal clams.
176	(e) For a violation involving the taking, harvesting, or
177	possession of any of the following species, which are
178	endangered, threatened, or of special concern:
179	1. Shortnose sturgeon (Acipenser brevirostrum);
180	2. Atlantic sturgeon (Acipenser oxyrhynchus);
181	3. Common snook (Centropomus undecimalis);
182	4. Atlantic loggerhead turtle (Caretta caretta caretta);
183	5. Atlantic green turtle (Chelonia mydas mydas);
184	6. Leatherback turtle (Dermochelys coriacea);
185	7. Atlantic hawksbill turtle (Eretmochelys imbricata
186	imbracata);
187	8. Atlantic ridley turtle (Lepidochelys kempi); or
188	9. West Indian manatee (Trichechus manatus latirostris),
189
190	an additional penalty of $100 for each unit of marine life or
191	part thereof.
192	(f) For a second or subsequent conviction within 24 months
193	for any violation of the same law or rule involving the taking
194	or harvesting of more than 100 pounds of any finfish, an
195	additional penalty of $5 for each pound of illegal finfish.
196	(g) For any violation involving the taking, harvesting, or
197	possession of more than 1,000 pounds of any illegal finfish, an
198	additional penalty equivalent to the wholesale value of the
199	illegal finfish.
200	(h) Permits issued to any person, firm, or corporation by
201	the commission to take or harvest saltwater products, or any
202	license issued pursuant to s. 370.06 or s. 370.07 may be
203	suspended or revoked by the commission, pursuant to the
204	provisions and procedures of s. 120.60, for any major violation
205	prescribed in this subsection:
206	1. Upon a first conviction, for up to 30 calendar days.
207	2. Upon a second conviction which occurs within 12 months
208	after a prior violation, for up to 90 calendar days.
209	3. Upon a third conviction which occurs within 24 months
210	after a prior conviction, for up to 180 calendar days.
211	4. Upon a fourth conviction which occurs within 36 months
212	after a prior conviction, for a period of 6 months to 3 years.
213	(i) Upon the arrest and conviction for a major violation
214	involving stone crabs, the licenseholder must show just cause
215	why his or her license should not be suspended or revoked. For
216	the purposes of this paragraph, a "major violation" means a
217	major violation as prescribed for illegal stone crabs; any
218	single violation involving possession of more than 25 stone
219	crabs during the closed season or possession of 25 or more
220	whole-bodied or egg-bearing stone crabs; any violation for trap
221	molestation, trap robbing, or pulling traps at night; or any
222	combination of violations in any 3-consecutive-year period
223	wherein more than 75 illegal stone crabs in the aggregate are
224	involved.
225	(j) Upon the arrest and conviction for a major violation
226	involving crawfish, the licenseholder must show just cause why
227	his or her license should not be suspended or revoked. For the
228	purposes of this paragraph, a "major violation" means a major
229	violation as prescribed for illegal crawfish; any single
230	violation involving possession of more than 25 crawfish during
231	the closed season or possession of more than 25 wrung crawfish
232	tails or more than 25 egg-bearing or stripped crawfish; any
233	violation for trap molestation, trap robbing, or pulling traps
234	at night; or any combination of violations in any 3-consecutive-
235	year period wherein more than 75 illegal crawfish in the
236	aggregate are involved.
237	(k) Upon the arrest and conviction for a major violation
238	involving blue crabs, the licenseholder shall show just cause
239	why his or her saltwater products license should not be
240	suspended or revoked. This paragraph shall not apply to an
241	individual fishing with no more than five traps. For the
242	purposes of this paragraph, a "major violation" means a major
243	violation as prescribed for illegal blue crabs, any single
244	violation wherein 50 or more illegal blue crabs are involved;
245	any violation for trap molestation, trap robbing, or pulling
246	traps at night; or any combination of violations in any 3-
247	consecutive-year period wherein more than 100 illegal blue crabs
248	in the aggregate are involved.
249	(l) Upon the conviction for a major violation involving
250	finfish, the licenseholder must show just cause why his or her
251	saltwater products license should not be suspended or revoked.
252	For the purposes of this paragraph, a major violation is
253	prescribed for the taking and harvesting of illegal finfish, any
254	single violation involving the possession of more than 100
255	pounds of illegal finfish, or any combination of violations in
256	any 3-consecutive-year period wherein more than 200 pounds of
257	illegal finfish in the aggregate are involved.
258	(m) For a violation involving the taking or harvesting of
259	any marine life species, as those species are defined by rule of
260	the commission, the harvest of which is prohibited, or the
261	taking or harvesting of such a species out of season, or with an
262	illegal gear or chemical, or any violation involving the
263	possession of 25 or more individual specimens of marine life
264	species, or any combination of violations in any 3-year period
265	involving more than 70 such specimens in the aggregate, the
266	suspension or revocation of the licenseholder's marine life
267	endorsement as provided in paragraph (h).
268
269	Notwithstanding the provisions of s. 948.01, no court may
270	suspend, defer, or withhold adjudication of guilt or imposition
271	of sentence for any major violation prescribed in this
272	subsection. The proceeds from the penalties assessed pursuant to
273	this subsection shall be deposited into the Marine Resources
274	Conservation Trust Fund to be used for marine fisheries research
275	or into the commission's Federal Law Enforcement Trust Fund as
276	provided in s. 372.107, as applicable.
277	(3) PENALTIES FOR USE OF ILLEGAL NETS.--
278	(a) It is a major violation pursuant to this section,
279	punishable as provided in paragraph (b) for any person, firm, or
280	corporation to be simultaneously in possession of any species of
281	mullet in excess of the recreational daily bag limit and any
282	gill or other entangling net as defined in s. 16(c), Art. X of
283	the State Constitution. Simultaneous possession under this
284	provision shall include possession of mullet and gill or other
285	entangling nets on separate vessels or vehicles where such
286	vessels or vehicles are operated in coordination with one
287	another including vessels towed behind a main vessel. This
288	subsection does not prohibit a resident of this state from
289	transporting on land, from Alabama to this state, a commercial
290	quantity of mullet together with a gill net if:
291	1. The person possesses a valid commercial fishing license
292	that is issued by the State of Alabama and that allows the
293	person to use a gill net to legally harvest mullet in commercial
294	quantities from Alabama waters.
295	2. The person possesses a trip ticket issued in Alabama
296	and filled out to match the quantity of mullet being
297	transported, and the person is able to present such trip ticket
298	immediately upon entering this state.
299	3. The mullet are to be sold to a wholesale saltwater
300	products dealer located in Escambia County or Santa Rosa County,
301	which dealer also possesses a valid seafood dealer's license
302	issued by the State of Alabama. The dealer's name must be
303	clearly indicated on the trip ticket.
304	4. The mullet being transported are totally removed from
305	any net also being transported.
306	(b) In addition to being subject to the other penalties
307	provided in this chapter, any violation of s. 16(b), Art. X of
308	the State Constitution, or any rules of the commission which
309	implement the gear prohibitions and restrictions specified
310	therein shall be considered a major violation; and any person,
311	firm, or corporation receiving any judicial disposition other
312	than acquittal or dismissal of such violation shall be subject
313	to the following additional penalties:
314	1. For a first major violation within a 7-year period, a
315	civil penalty of $2,500 and suspension of all saltwater products
316	license privileges for 90 calendar days following final
317	disposition shall be imposed.
318	2. For a second major violation under this paragraph
319	charged within 7 years of a previous judicial disposition, which
320	results in a second judicial disposition other than acquittal or
321	dismissal, a civil penalty of $5,000 and suspension of all
322	saltwater products license privileges for 12 months shall be
323	imposed.
324	3. For a third or subsequent major violation under this
325	paragraph, charged within a 7-year period, resulting in a third
326	or subsequent judicial disposition other than acquittal or
327	dismissal, a civil penalty of $5,000, lifetime revocation of the
328	saltwater products license, and forfeiture of all gear and
329	equipment used in the violation shall be imposed.
330
331	A court may suspend, defer, or withhold adjudication of guilt or
332	imposition of sentence only for any first violation of s. 16,
333	Art. X of the State Constitution, or any rule or statute
334	implementing its restrictions, determined by a court only after
335	consideration of competent evidence of mitigating circumstances
336	to be a nonflagrant or minor violation of those restrictions
337	upon the use of nets. Any violation of s. 16, Art. X of the
338	State Constitution, or any rule or statute implementing its
339	restrictions, occurring within a 7-year period commencing upon
340	the conclusion of any judicial proceeding resulting in any
341	outcome other than acquittal shall be punished as a second,
342	third, or subsequent violation accordingly.
343	(c) During the period of suspension or revocation of
344	saltwater license privileges under this subsection, the licensee
345	shall not participate in the taking or harvesting, or attempt
346	the taking or harvesting, of saltwater products from any vessel
347	within the waters of the state; be aboard any vessel on which a
348	commercial quantity of saltwater products is possessed through
349	an activity requiring a license pursuant to this section; or
350	engage in any other activity requiring a license, permit, or
351	certificate issued pursuant to this chapter. Any person who is
352	convicted of violating this paragraph:
353	1. Upon a first or second conviction, is guilty of a
354	misdemeanor of the first degree, punishable as provided in s.
355	775.082 or s. 775.083.
356	2. Upon a third or subsequent conviction, is guilty of a
357	felony of the third degree, punishable as provided in s.
358	775.082, s. 775.083, or s. 775.084.
359	(d) Upon reinstatement of saltwater license privileges
360	suspended pursuant to a violation of this subsection, a licensee
361	owning or operating a vessel containing or otherwise
362	transporting in or on Florida waters any gill net or other
363	entangling net, or containing or otherwise transporting in
364	nearshore and inshore Florida waters any net containing more
365	than 500 square feet of mesh area shall remain restricted for a
366	period of 12 months following reinstatement, to operating under
367	the following conditions:
368	1. Vessels subject to this reinstatement period shall be
369	restricted to the corridors established by commission rule.
370	2. A violation of the reinstatement period provisions
371	shall be punishable pursuant to paragraphs (1)(a) and (b).
372	(4) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING
373	CERTAIN FINFISH.--It is a major violation pursuant to this
374	section, punishable as provided in paragraph (3)(b), for any
375	person to be in possession of any species of trout, snook, or
376	redfish which is three fish in excess of the recreational or
377	commercial daily bag limit.
378	(5) SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY
379	HARVESTED PRODUCTS.--In addition to other penalties authorized
380	in this chapter, any violation of s. 370.06 or s. 370.07, or
381	rules of the commission implementing s. 370.06 or s. 370.07,
382	involving the purchase of saltwater products by a commercial
383	wholesale dealer, retail dealer, or restaurant facility for
384	public consumption from an unlicensed person, firm, or
385	corporation, or the sale of saltwater products by an unlicensed
386	person, firm, or corporation or the purchase or sale of any
387	saltwater product known to be taken in violation of s. 16, Art.
388	X of the State Constitution, or rule or statute implementing the
389	provisions thereof, by a commercial wholesale dealer, retail
390	dealer, or restaurant facility, for public consumption, is a
391	major violation, and the commission may assess the following
392	penalties:
393	(a) For a first violation, the commission may assess a
394	civil penalty of up to $2,500 and may suspend the wholesale or
395	retail dealer's license privileges for up to 90 calendar days.
396	(b) For a second violation occurring within 12 months of a
397	prior violation, the commission may assess a civil penalty of up
398	to $5,000 and may suspend the wholesale or retail dealer's
399	license privileges for up to 180 calendar days.
400	(c) For a third or subsequent violation occurring within a
401	24-month period, the commission shall assess a civil penalty of
402	$5,000 and shall suspend the wholesale or retail dealer's
403	license privileges for up to 24 months.
404
405	Any proceeds from the civil penalties assessed pursuant to this
406	subsection shall be deposited into the Marine Resources
407	Conservation Trust Fund and shall be used as follows: 40 percent
408	for administration and processing purposes and 60 percent for
409	law enforcement purposes.
410	(6) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR
411	HARVEST.--It is a major violation and punishable as provided in
412	this subsection for an unlicensed person who is required to be
413	licensed under this chapter to sell or purchase any saltwater
414	product or to harvest or attempt to harvest any saltwater
415	product with intent to sell the saltwater product.
416	(a) Any person who sells or purchases any saltwater
417	product without having purchased the licenses required by this
418	chapter for such sale is subject to penalties as follows:
419	1. A first violation is a misdemeanor of the second
420	degree, punishable as provided in s. 775.082 or s. 775.083.
421	2. A second violation is a misdemeanor of the first
422	degree, punishable as provided in s. 775.082 or s. 775.083, and
423	such person may also be assessed a civil penalty of up to $2,500
424	and is subject to a suspension of all license privileges under
425	this chapter and chapter 372 for a period not exceeding 90 days.
426	3. A third violation is a misdemeanor of the first degree,
427	punishable as provided in s. 775.082 or s. 775.083, with a
428	mandatory minimum term of imprisonment of 6 months, and such
429	person may also be assessed a civil penalty of up to $5,000 and
430	is subject to a suspension of all license privileges under this
431	chapter and chapter 372 for a period not exceeding 180 days.
432	4. A third violation within 1 year after a second
433	violation is a felony of the third degree, punishable as
434	provided in s. 775.082 or s. 775.083, with a mandatory minimum
435	term of imprisonment of 1 year, and such person shall also be
436	assessed a civil penalty of $5,000 and all license privileges
437	under this chapter and chapter 372 shall be permanently revoked.
438	5. A fourth or subsequent violation is a felony of the
439	third degree, punishable as provided in s. 775.082 or s.
440	775.083, with a mandatory minimum term of imprisonment of 1
441	year, and such person shall also be assessed a civil penalty of
442	$5,000 and all license privileges under this chapter and chapter
443	372 shall be permanently revoked.
444	(b) Any person whose license privileges under this chapter
445	have been permanently revoked and who thereafter sells or
446	purchases or who attempts to sell or purchase any saltwater
447	product commits a felony of the third degree, punishable as
448	provided in s. 775.082 or s. 775.083, with a mandatory minimum
449	term of imprisonment of 1 year, and such person shall also be
450	assessed a civil penalty of $5,000. All property involved in
451	such offense shall be forfeited pursuant to s. 370.061.
452	(c) Any person whose license privileges under this chapter
453	are under suspension and who during such period of suspension
454	sells or purchases or attempts to sell or purchase any saltwater
455	product shall be assessed the following penalties:
456	1. A first violation, or a second violation occurring more
457	than 12 months after a first violation, is a first degree
458	misdemeanor, punishable as provided in ss. 775.082 and 775.083,
459	and such person may also be assessed a civil penalty of up to
460	$2,500 and an additional suspension of all license privileges
461	under this chapter and chapter 372 for a period not exceeding 90
462	days.
463	2. A second violation occurring within 12 months of a
464	first violation is a third degree felony, punishable as provided
465	in ss. 775.082 and 775.083, with a mandatory minimum term of
466	imprisonment of 1 year, and such person may also be assessed a
467	civil penalty of up to $5,000 and an additional suspension of
468	all license privileges under this chapter and chapter 372 for a
469	period not exceeding 180 days. All property involved in such
470	offense shall be forfeited pursuant to s. 370.061.
471	3. A third or subsequent violation is a third degree
472	felony, punishable as provided in ss. 775.082 and 775.083, with
473	a mandatory minimum term of imprisonment of 1 year, and such
474	person shall also be assessed a mandatory civil penalty of up to
475	$5,000 and an additional suspension of all license privileges
476	under this chapter and chapter 372 for a period not exceeding 24
477	months. All property involved in such offense shall be forfeited
478	pursuant to s. 370.061.
479	(d) Any person who harvests or attempts to harvest any
480	saltwater product with intent to sell the saltwater product
481	without having purchased a saltwater products license with the
482	requisite endorsements is subject to penalties as follows:
483	1. A first violation is a misdemeanor of the second
484	degree, punishable as provided in s. 775.082 or s. 775.083.
485	2. A second violation is a misdemeanor of the first
486	degree, punishable as provided in s. 775.082 or s. 775.083, and
487	such person may also be assessed a civil penalty of up to $2,500
488	and is subject to a suspension of all license privileges under
489	this chapter and chapter 372 for a period not exceeding 90 days.
490	3. A third violation is a misdemeanor of the first degree,
491	punishable as provided in s. 775.082 or s. 775.083, with a
492	mandatory minimum term of imprisonment of 6 months, and such
493	person may also be assessed a civil penalty of up to $5,000 and
494	is subject to a suspension of all license privileges under this
495	chapter and chapter 372 for a period not exceeding 180 days.
496	4. A third violation within 1 year after a second
497	violation is a felony of the third degree, punishable as
498	provided in s. 775.082 or s. 775.083, with a mandatory minimum
499	term of imprisonment of 1 year, and such person shall also be
500	assessed a civil penalty of $5,000 and all license privileges
501	under this chapter and chapter 372 shall be permanently revoked.
502	5. A fourth or subsequent violation is a felony of the
503	third degree, punishable as provided in s. 775.082 or s.
504	775.083, with a mandatory minimum term of imprisonment of 1
505	year, and such person shall also be assessed a mandatory civil
506	penalty of $5,000 and all license privileges under this chapter
507	and chapter 372 shall be permanently revoked.
508
509	For purposes of this subsection, a violation means any judicial
510	disposition other than acquittal or dismissal.
511	(7)(6)PUBLICATIONS BY COMMISSION.--The commission is
512	given authority, from time to time in its discretion, to cause
513	the statutory laws under its jurisdiction, together with any
514	rules promulgated by it, to be published in pamphlet form for
515	free distribution in this state. The commission is authorized to
516	make charges for technical and educational publications and
517	mimeographed material of use for educational or reference
518	purposes. Such charges shall be made at the discretion of the
519	commission. Such charges may be sufficient to cover cost of
520	preparation, printing, publishing, and distribution. All moneys
521	received for publications shall be deposited into the fund from
522	which the cost of the publication was paid. The commission is
523	further authorized to enter into agreements with persons, firms,
524	corporations, governmental agencies, and other institutions
525	whereby publications may be exchanged reciprocally in lieu of
526	payments for said publications.
527	(8)(7)POWERS OF OFFICERS.--
528	(a) Law enforcement officers of the commission are
529	constituted law enforcement officers of this state with full
530	power to investigate and arrest for any violation of the laws of
531	this state and the rules of the commission under their
532	jurisdiction. The general laws applicable to arrests by peace
533	officers of this state shall also be applicable to law
534	enforcement officers of the commission. Such law enforcement
535	officers may enter upon any land or waters of the state for
536	performance of their lawful duties and may take with them any
537	necessary equipment, and such entry will not constitute a
538	trespass. It is lawful for any boat, motor vehicle, or aircraft
539	owned or chartered by the commission or its agents or employees
540	to land on and depart from any of the beaches or waters of the
541	state. Such law enforcement officers have the authority, without
542	warrant, to board, inspect, and search any boat, fishing
543	appliance, storage or processing plant, fishhouse, spongehouse,
544	oysterhouse, or other warehouse, building, or vehicle engaged in
545	transporting or storing any fish or fishery products. Such
546	authority to search and inspect without a search warrant is
547	limited to those cases in which such law enforcement officers
548	have reason to believe that fish or any saltwater products are
549	taken or kept for sale, barter, transportation, or other
550	purposes in violation of laws or rules promulgated under this
551	law. Any such law enforcement officer may at any time seize or
552	take possession of any saltwater products or contraband which
553	have been unlawfully caught, taken, or processed or which are
554	unlawfully possessed or transported in violation of any of the
555	laws of this state or any rule of the commission. Such law
556	enforcement officers may arrest any person in the act of
557	violating any of the provisions of this law, the rules of the
558	commission, or any of the laws of this state. It is hereby
559	declared unlawful for any person to resist such arrest or in any
560	manner interfere, either by abetting or assisting such
561	resistance or otherwise interfering, with any such law
562	enforcement officer while engaged in the performance of the
563	duties imposed upon him or her by law or rule of the commission.
564	(b) The Legislature finds that the checking and inspection
565	of saltwater products aboard vessels is critical to good fishery
566	management and conservation and that, because almost all
567	saltwater products are either iced or cooled in closed areas or
568	containers, the enforcement of seasons, size limits, and bag
569	limits can only be effective when inspection of saltwater
570	products so stored is immediate and routine. Therefore, in
571	addition to the authority granted in paragraph (a), a law
572	enforcement officer of the commission who has probable cause to
573	believe that the vessel has been used for fishing prior to the
574	inspection shall have full authority to open and inspect all
575	containers or areas where saltwater products are normally kept
576	aboard vessels while such vessels are on the water, such as
577	refrigerated or iced locations, coolers, fish boxes, and bait
578	wells, but specifically excluding such containers that are
579	located in sleeping or living areas of the vessel.
580	(9)(8)RETENTION, DESTRUCTION, AND REPRODUCTION OF
581	RECORDS.--Records and documents of the commission created in
582	compliance with and in the implementation of this chapter or
583	former chapter 371 shall be retained by the commission as
584	specified in record retention schedules established under the
585	general provisions of chapters 119 and 257. Such records
586	retained by the Department of Environmental Protection on July
587	1, 1999, shall be transferred to the commission. Further, the
588	commission is authorized to:
589	(a) Destroy, or otherwise dispose of, those records and
590	documents in conformity with the approved retention schedules.
591	(b) Photograph, microphotograph, or reproduce such records
592	and documents on film, as authorized and directed by the
593	approved retention schedules, whereby each page will be exposed
594	in exact conformity with the original records and documents
595	retained in compliance with the provisions of this section.
596	Photographs or microphotographs in the form of film or print of
597	any records, made in compliance with the provisions of this
598	section, shall have the same force and effect as the originals
599	thereof would have and shall be treated as originals for the
600	purpose of their admissibility in evidence. Duly certified or
601	authenticated reproductions of such photographs or
602	microphotographs shall be admitted in evidence equally with the
603	original photographs or microphotographs. The impression of the
604	seal of the commission on a certificate made pursuant to the
605	provisions hereof and signed by the executive director of the
606	commission shall entitle the same to be received in evidence in
607	all courts and in all proceedings in this state and shall be
608	prima facie evidence of all factual matters set forth in the
609	certificate. A certificate may relate to one or more records, as
610	set forth in the certificate, or in a schedule continued on an
611	attachment to the certificate.
612	(c) Furnish certified copies of such records for a fee of
613	$1 which shall be deposited in the Marine Resources Conservation
614	Trust Fund.
615	(10)(9)COURTS OF EQUITY MAY ENJOIN.--Courts of equity in
616	this state have jurisdiction to enforce the conservation laws of
617	this state by injunction.
618	(11)(10)BOND OF EMPLOYEES.--The commission may require,
619	as it determines, that bond be given by any employee of the
620	commission or divisions thereof, payable to the Governor of the
621	state and the Governor's successor in office, for the use and
622	benefit of those whom it may concern, in such penal sums with
623	good and sufficient surety or sureties approved by the
624	commission conditioned for the faithful performance of the
625	duties of such employee.
626	(12)(11)REVOCATION OF LICENSES.--Any person licensed
627	under this chapter who has been convicted of taking aquaculture
628	species raised at a certified facility shall have his or her
629	license revoked for 5 years by the commission pursuant to the
630	provisions and procedures of s. 120.60.
631	(13)(12)LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
632	purposes of imposing license or permit suspensions or
633	revocations authorized by this chapter, the license or permit
634	under which the violation was committed is subject to suspension
635	or revocation by the commission. For purposes of assessing
636	monetary civil or administrative penalties authorized by this
637	chapter, the person, firm, or corporation cited and subsequently
638	receiving a judicial disposition of other than dismissal or
639	acquittal in a court of law is subject to the monetary penalty
640	assessment by the commission. However, if the license or
641	permitholder of record is not the person, firm, or corporation
642	receiving the citation and judicial disposition, the license or
643	permit may be suspended or revoked only after the license or
644	permitholder has been notified by the commission that the
645	license or permit has been cited in a major violation and is now
646	subject to suspension or revocation should the license or permit
647	be cited for subsequent major violations.
648	Section 6. Paragraph (d) of subsection (5) of section
649	370.061, Florida Statutes, is amended to read:
650	370.061 Confiscation, seizure, and forfeiture of property
651	and products.--
652	(5) CONFISCATION AND SALE OF PERISHABLE SALTWATER
653	PRODUCTS; PROCEDURE.--
654	(d) For purposes of confiscation under this subsection,
655	the term "saltwater products" has the meaning set out in s.
656	370.01(26)(25), except that the term does not include saltwater
657	products harvested under the authority of a recreational license
658	unless the amount of such harvested products exceeds three times
659	the applicable recreational bag limit for trout, snook, or
660	redfish.
661	Section 7. Paragraph (c) of subsection (2) of section
662	370.1107, Florida Statutes, is amended to read:
663	370.1107 Definition; possession of certain licensed traps
664	prohibited; penalties; exceptions; consent.--
665	(2) It is unlawful for any person, firm, corporation, or
666	association to be in actual or constructive possession of a
667	licensed saltwater fisheries trap registered with the Fish and
668	Wildlife Conservation Commission in another person's, firm's,
669	corporation's, or association's name.
670	(c) Upon receipt of any judicial disposition other than
671	dismissal or acquittal on a charge of violatingthe arrest and
672	conviction for violation of this section, or any provision of
673	law or rule making unlawful the possession of another person's
674	saltwater fisheries trap, a person shall permanently lose all
675	saltwater fishing privileges, including licenses, trap
676	certificates, and the ability to transfer trap certificatesany
677	licenseholder shall show just cause why his or her license shall
678	not be suspended or permanently revoked.
679	Section 8. Paragraph (b) of subsection (2) of section
680	370.13, Florida Statutes, is amended to read:
681	370.13 Stone crab; regulation.--
682	(2) PENALTIES.--For purposes of this subsection,
683	conviction is any disposition other than acquittal or dismissal,
684	regardless of whether the violation was adjudicated under any
685	state or federal law.
686	(b) It is unlawful for any person to remove the contents
687	of another harvester's trap or take possession of such trap
688	without the express written consent of the trap owner available
689	for immediate inspection. Such Unauthorized possession of
690	another person's trap gear or removal of trap contents
691	constitutes theft. Any person convicted of theft of orfrom a
692	trap pursuant to this subsection or s. 370.1107shall, in
693	addition to the penalties specified in s. 370.021 and the
694	provisions of this section, permanently lose all his or her
695	saltwater fishing privileges, including saltwater products
696	licenses, stone crab or incidental take endorsements, and all
697	trap certificates allotted to him or her by the commission. In
698	such cases, trap certificates and endorsements are
699	nontransferable. In addition, any person, firm, or corporation
700	convicted of violating the prohibitions referenced in this
701	paragraph shall also be assessed an administrative penalty of up
702	to $5,000. Immediately upon receiving a citation for a violation
703	involving theft of orfrom a trap and until adjudicated for such
704	a violation, or, upon receipt of a judicial disposition other
705	than dismissal or acquittal onif convicted ofsuch a violation,
706	the violator is prohibited from transferring any stone crab or
707	lobster certificates.
708	Section 9. Subsection (1) of section 370.135, Florida
709	Statutes, is amended to read:
710	370.135 Blue crab; regulation.--
711	(1) No person, firm, or corporation shall transport on the
712	water, fish with or cause to be fished with, set, or place any
713	trap designed for taking blue crabs unless such person, firm, or
714	corporation is the holder of a valid saltwater products license
715	issued pursuant to s. 370.06 and the trap has a current state
716	number permanently attached to the buoy. The trap number shall
717	be affixed in legible figures at least 1 inch high on each buoy
718	used. The saltwater products license must be on board the boat,
719	and both the license and the crabs shall be subject to
720	inspection at all times. Only one trap number may be issued for
721	each boat by the commission upon receipt of an application on
722	forms prescribed by it. This subsection shall not apply to an
723	individual fishing with no more than five traps. It is a felony
724	of the third degree, punishable as provided in s. 775.082, s.
725	775.083, or s. 775.084, for any person willfully to molest any
726	traps, lines, or buoys, as defined herein, belonging to another
727	without the express written consent of the trap ownerpermission
728	of the licenseholder. Any person receiving a judicial
729	disposition other than dismissal or acquittal on a charge of
730	willful molestation of a trap, in addition to the penalties
731	specified in s. 370.021, shall lose all saltwater fishing
732	privileges for a period of 24 calendar months.It is unlawful
733	for any person to remove the contents of or take possession of
734	another harvester's trap without the express written consent of
735	the trap owner available for immediate inspection. Such
736	Unauthorized possession of another’s trap gear or removal of
737	trap contents constitutes theft. Any person receiving a judicial
738	disposition other than dismissal or acquittal on a charge
739	convicted of theft of or from a trap pursuant to this subsection
740	or s. 370.1107shall, in addition to the penalties specified in
741	s. 370.021 and the provisions of this section, permanently lose
742	all his or her saltwater fishing privileges including his or her
743	saltwater products license and blue crab endorsement. In such
744	cases endorsements, landings history, and trap certificatesare
745	nontransferable. In addition, any person, firm, or corporation
746	receiving a judicial disposition other than dismissal or
747	acquittal forconvicted of violating this subsection or s.
748	370.1107shall also be assessed an administrative penalty of up
749	to $5,000. Immediately upon receiving a citation for a violation
750	involving theft of orfrom a trap and until adjudicated for such
751	a violation, or receiving a judicial disposition other than
752	dismissal or acquittal forif convicted ofsuch a violation, the
753	person, firm, or corporation committing the violation is
754	prohibited from transferring any blue crab endorsements,
755	landings history, or trap certificates.
756	Section 10. Paragraph (c) of subsection (2) of section
757	370.142, Florida Statutes, is amended to read:
758	370.142 Spiny lobster trap certificate program.--
759	(2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
760	PENALTIES.--The Fish and Wildlife Conservation Commission shall
761	establish a trap certificate program for the spiny lobster
762	fishery of this state and shall be responsible for its
763	administration and enforcement as follows:
764	(c) Prohibitions; penalties.--
765	1. It is unlawful for a person to possess or use a spiny
766	lobster trap in or on state waters or adjacent federal waters
767	without having affixed thereto the trap tag required by this
768	section. It is unlawful for a person to possess or use any other
769	gear or device designed to attract and enclose or otherwise aid
770	in the taking of spiny lobster by trapping that is not a trap as
771	defined in rule 68B-24.006(2), Florida Administrative Code.
772	2. It is unlawful for a person to possess or use spiny
773	lobster trap tags without having the necessary number of
774	certificates on record as required by this section.
775	3. It is unlawful for any person to willfully molest or
776	take possession of, or remove the contents of,another
777	harvester's trap without the express written consent of the trap
778	owner available for immediate inspection. Such Unauthorized
779	possession of another’s trap gear or removal of trap contents
780	constitutes theft. Any person receiving a judicial disposition
781	other than dismissal or acquittal on a chargeconvicted of theft
782	of or from a trap pursuant to this subparagraph or s. 370.1107
783	shall, in addition to the penalties specified in ss. 370.021 and
784	370.14 and the provisions of this section, permanently lose all
785	his or her saltwater fishing privileges, including his or her
786	saltwater products license, crawfish endorsement, and all trap
787	certificates allotted to him or her through this program. In
788	such cases, trap certificates and endorsements are
789	nontransferable. Any person receiving a judicial disposition
790	other than dismissal or acquittal on a charge of willful
791	molestation of a trap, in addition to the penalties specified in
792	ss. 370.021 and 370.14, shall lose all saltwater fishing
793	privileges for a period of 24 calendar months.In addition, any
794	person, firm, or corporation charged with violating this
795	paragraph and receiving a judicial disposition other than
796	dismissal or acquittal for violating this subparagraph or s.
797	370.1107convicted of violating this paragraphshall also be
798	assessed an administrative penalty of up to $5,000. Immediately
799	upon receiving a citation for a violation involving theft of or
800	from a trap, or molestation of a trap,and until adjudicated for
801	such a violation or, upon receipt of a judicial disposition
802	other than dismissal or acquittal onif convicted ofsuch a
803	violation, the person, firm, or corporation committing the
804	violation is prohibited from transferring any crawfish trap
805	certificates and endorsements.
806	4. In addition to any other penalties provided in s.
807	370.021, a commercial harvester, as defined by rule 68B-
808	24.002(1), Florida Administrative Code, who violates the
809	provisions of this section, or the provisions relating to traps
810	of chapter 68B-24, Florida Administrative Code, shall be
811	punished as follows:
812	a. If the first violation is for violation of subparagraph
813	1. or subparagraph 2., the commission shall assess an additional
814	civil penalty of up to $1,000 and the crawfish trap number
815	issued pursuant to s. 370.14(2) or (6) may be suspended for the
816	remainder of the current license year. For all other first
817	violations, the commission shall assess an additional civil
818	penalty of up to $500.
819	b. For a second violation of subparagraph 1. or
820	subparagraph 2. which occurs within 24 months of any previous
821	such violation, the commission shall assess an additional civil
822	penalty of up to $2,000 and the crawfish trap number issued
823	pursuant to s. 370.14(2) or (6) may be suspended for the
824	remainder of the current license year.
825	c. For a third or subsequent violation of subparagraph 1.,
826	subparagraph 2., or subparagraph 3. which occurs within 36
827	months of any previous two such violations, the commission shall
828	assess an additional civil penalty of up to $5,000 and may
829	suspend the crawfish trap number issued pursuant to s. 370.14(2)
830	or (6) for a period of up to 24 months or may revoke the
831	crawfish trap number and, if revoking the crawfish trap number,
832	may also proceed against the licenseholder's saltwater products
833	license in accordance with the provisions of s. 370.021(2)(h).
834	d. Any person assessed an additional civil penalty
835	pursuant to this section shall within 30 calendar days after
836	notification:
837	(I) Pay the civil penalty to the commission; or
838	(II) Request an administrative hearing pursuant to the
839	provisions of s. 120.60.
840	e. The commission shall suspend the crawfish trap number
841	issued pursuant to s. 370.14(2) or (6) for any person failing to
842	comply with the provisions of sub-subparagraph d.
843	5.a. It is unlawful for any person to make, alter, forge,
844	counterfeit, or reproduce a spiny lobster trap tag or
845	certificate.
846	b. It is unlawful for any person to knowingly have in his
847	or her possession a forged, counterfeit, or imitation spiny
848	lobster trap tag or certificate.
849	c. It is unlawful for any person to barter, trade, sell,
850	supply, agree to supply, aid in supplying, or give away a spiny
851	lobster trap tag or certificate or to conspire to barter, trade,
852	sell, supply, aid in supplying, or give away a spiny lobster
853	trap tag or certificate unless such action is duly authorized by
854	the commission as provided in this chapter or in the rules of
855	the commission.
856	6.a. Any person who violates the provisions of
857	subparagraph 5., or any person who engages in the commercial
858	harvest, trapping, or possession of spiny lobster without a
859	crawfish trap number as required by s. 370.14(2) or (6) or
860	during any period while such crawfish trap number is under
861	suspension or revocation, commits a felony of the third degree,
862	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
863	b. In addition to any penalty imposed pursuant to sub-
864	subparagraph a., the commission shall levy a fine of up to twice
865	the amount of the appropriate surcharge to be paid on the fair
866	market value of the transferred certificates, as provided in
867	subparagraph (a)1., on any person who violates the provisions of
868	sub-subparagraph 5.c.
869	7. Any certificates for which the annual certificate fee
870	is not paid for a period of 3 years shall be considered
871	abandoned and shall revert to the commission. During any period
872	of trap reduction, any certificates reverting to the commission
873	shall become permanently unavailable and be considered in that
874	amount to be reduced during the next license-year period.
875	Otherwise, any certificates that revert to the commission are to
876	be reallotted in such manner as provided by the commission.
877	8. The proceeds of all civil penalties collected pursuant
878	to subparagraph 4. and all fines collected pursuant to sub-
879	subparagraph 6.b. shall be deposited into the Marine Resources
880	Conservation Trust Fund.
881	9. All traps shall be removed from the water during any
882	period of suspension or revocation.
883	Section 11. Subsections (6) and (7) of section 370.15,
884	Florida Statutes, are amended to read:
885	370.15 Shrimp; regulation.--
886	(6) LIVE BAIT SHRIMPING; LICENSES.--Live bait shrimp may
887	be caught at any time but only under license issued by the
888	commission. Licensees must fish with gear and under those
889	conditions specified by the commission. Application for such
890	licenses shall be on forms supplied by the commission. A live
891	bait shrimping license shall be revocable when the holder does
892	not comply with the laws and regulations applicable to saltwater
893	conservation. All vessels fishing for live bait shrimp must be
894	equipped with live bait shrimp tanks, and no more than 5 pounds
895	of dead shrimp will be allowed on board such vessel per day.
896	(6)(7)CLOSED AREA FOR SHRIMPING.--
897	(a) No shrimping except for live bait shrimp shall be
898	permitted in all waters within the following described area:
899	Begin at a point of latitude 24°41'54" North and longitude
900	81°40'30" West near Snipe Point in Monroe County; thence go
901	North 35°53'16" West approximately 9 nautical miles to a point
902	of approximate latitude 24°41'55" North and longitude 81°46'15"
903	West, 3 marine leagues seaward of Snipe Point; thence easterly
904	and northerly following a line which is 3 marine leagues seaward
905	of the mean low-water line of the seawardmost points in Florida
906	Bay and the Gulf of Mexico to a point at latitude 26°00'00"
907	North and approximate longitude 81°56'30" West; thence east to a
908	point on the mean high-water line at latitude 26°00'00" North
909	and approximate longitude 81°44'06" West; thence southerly and
910	easterly along the mean high-water line of the Florida mainland
911	to its intersection with the westerly right-of-way of the U.S.
912	Highway 1 bridge in Long Sound; thence follow the westerly and
913	northern right-of-way of U.S. Highway 1 to a point on
914	Saddlebunch Key latitude 24°37'06" North and approximate
915	longitude 81°36'42" West; thence on a straight line to the point
916	of beginning.
917	(b) A second or any subsequent violation by any person of
918	this subsection is a felony of the third degree, punishable as
919	provided in s. 775.082 or s. 775.083.
920	Section 12. Subsection (3) of section 370.153, Florida
921	Statutes, is amended to read:
922	370.153 Regulation of shrimp fishing; Clay, Duval, Nassau,
923	Putnam, Flagler, and St. Johns Counties.--
924	(3) LIVE BAIT SHRIMP PRODUCTION.--
925	(a) A live bait shrimp production license shall be issued
926	by the Fish and Wildlife Conservation Commission upon the
927	receipt of an application by a person intending to use a boat,
928	not to exceed 35 feet in length in Duval, St. Johns, Putnam,
929	Flagler, and Clay Counties and not to exceed 45 feet in length
930	in Nassau County, for live shrimp production within the inland
931	waters of Nassau, Duval, St. Johns, Putnam, Flagler, or Clay
932	Counties and the payment of a fee of $250. The annual fee of
933	$250 shall be collected by the commission for the issuance of
934	the license during a 60-day period beginning June 1 of each
935	year. The design of the application and permit shall be
936	determined by the commission. The proceeds of the fee imposed by
937	this paragraph shall be used by the Fish and Wildlife
938	Conservation Commission for the purposes of enforcement of
939	marine resource laws.
940	(b) The Executive Director of the Fish and Wildlife
941	Conservation Commission, or his or her designated
942	representative, may by order close certain areas to live bait
943	shrimp production when sampling procedures justify the closing
944	based upon sound conservation practices. The revocation of any
945	order to close has the effect of opening the area.
946	(c) Every live bait shrimp producer shall produce evidence
947	satisfactory to the commission that he or she has the necessary
948	equipment to maintain the shrimp alive while aboard the shrimp
949	fishing vessel. All vessels fishing for live bait shrimp must be
950	equipped with live bait shrimp tanks of a type and capacity
951	satisfactory to the commission, and no more than 5 pounds of
952	dead shrimp will be allowed on board such vessel per day.
953	(c)(d)1. Each licensed live bait shrimp producer who
954	stores his or her catch for sale or sells his or her catch shall
955	either:
956	a. Maintain onshore facilities which have been annually
957	checked and approved by the local commission office to assure
958	the facilities' ability to maintain the catch alive when the
959	live bait shrimp producer produces for his or her own facility;
960	or
961	b. Sell his or her catch only to persons who have onshore
962	facilities that have been annually checked and approved by the
963	local commission office to assure the facilities' ability to
964	maintain the catch alive, when the producer sells his or her
965	catch to an onshore facility. The producer shall provide the
966	commission with the wholesale number of the facility to which
967	the shrimp have been sold and shall submit this number on a form
968	designed and approved by the commission.
969	2. All persons who maintain onshore facilities as
970	described in this paragraph, whether the facilities are
971	maintained by the licensed live bait shrimp producer or by
972	another party who purchases shrimp from live bait shrimp
973	producers, shall keep records of their transactions in
974	conformance with the provisions of s. 370.07(6).
975	(d)(e)All commercial trawling in Clay, Duval, and St.
976	Johns Counties shall be restricted to the inland waters of the
977	St. Johns River proper in the area north of the Acosta Bridge in
978	Jacksonville and at least 100 yards from the nearest shoreline.
979	(e)(f)A live shrimp producer must also be a licensed
980	wholesale dealer. Such person shall not sell live bait shrimp
981	unless he or she produces a live bait shrimp production license
982	at the time of sale.
983	(f)(g)The commission shall rename the Live Bait Shrimp
984	Production License as the Commercial Live Shrimp Production
985	License.
986	Section 13. Paragraph (d) of subsection (2) of section
987	370.1535, Florida Statutes, is amended to read:
988	370.1535 Regulation of shrimp fishing in Tampa Bay;
989	licensing requirements.--
990	(2) The Fish and Wildlife Conservation Commission is
991	authorized to issue a dead shrimp production permit to persons
992	qualified pursuant to the following criteria:
993	(d) No person shall be issued a permit or be allowed to
994	renew a permit if such person is registered for noncommercial
995	trawling pursuant to s. 370.15(4) or if such person holds a live
996	bait shrimping license issued pursuant to s. 370.15(6).
997	Section 14. Section 370.154, Florida Statutes, is amended
998	to read:
999	370.154 Shrimp regulations; closed areas; suspension of
1000	license, etc.--Any person convicted of taking shrimp in a closed
1001	area who is punishable under s. 370.15(5) or (6)shall, in
1002	addition to the penalties set forth therein, have his or her
1003	permit and the permit of the boat involved in the violation,
1004	issued pursuant to s. 370.15(4), revoked, if the person holds
1005	such a permit, and he or she shall be ineligible to make
1006	application for such a permit for a period of 2 years from the
1007	date of such conviction. If a person not having a permit is
1008	convicted hereunder, that person and the boat involved in the
1009	violation shall not be eligible for such a permit for 5 years.
1010	Section 15. For the purpose of incorporating the amendment
1011	made by this act to section 370.021, Florida Statutes, in
1012	references therein, the following subdivisions of the Florida
1013	Statutes are reenacted to read:
1014	370.0603 Marine Resources Conservation Trust Fund;
1015	purposes.--
1016	(2) The Marine Resources Conservation Trust Fund shall
1017	receive the proceeds from:
1018	(d) All fines and penalties pursuant to s. 370.021.
1019	370.07 Wholesale and retail saltwater products dealers;
1020	regulation.--
1021	(5) LICENSE DENIAL, SUSPENSION, OR REVOCATION.--
1022	(c) In addition to, or in lieu of, the penalty imposed
1023	pursuant to this subsection, the commission may impose penalties
1024	pursuant to s. 370.021.
1025	(6) RECORDS TO BE KEPT ON SALTWATER PRODUCTS.--
1026	(b) The commission may revoke, suspend, or deny the
1027	renewal of the license of any dealer for failure to make and
1028	keep required records, for failure to make required reports, for
1029	failure or refusal to permit the examination of required
1030	records, or for falsifying any such record. In addition to, or
1031	in lieu of, the penalties imposed pursuant to this paragraph and
1032	s. 370.021, the commission may impose against any person, firm,
1033	or corporation who is determined to have violated any provision
1034	of this paragraph or any provisions of any commission rules
1035	adopted pursuant to s. 370.0607, the following additional
1036	penalties:
1037	1. For the first violation, a civil penalty of up to
1038	$1,000;
1039	2. For a second violation committed within 24 months of
1040	any previous violation, a civil penalty of up to $2,500; and
1041	3. For a third or subsequent violation committed within 36
1042	months of any previous two violations, a civil penalty of up to
1043	$5,000.
1044
1045	The proceeds of all civil penalties collected pursuant to this
1046	subsection shall be deposited into the Marine Resources
1047	Conservation Trust Fund and shall be used for administration,
1048	auditing, and law enforcement purposes.
1049	372.5704 Fish and Wildlife Conservation Commission license
1050	program for tarpon; fees; penalties.--
1051	(5) Any individual including a taxidermist who possesses a
1052	tarpon which does not have a tag securely attached as required
1053	by this section shall be subject to penalties as prescribed in
1054	s. 370.021. Provided, however, a taxidermist may remove the tag
1055	during the process of mounting a tarpon. The removed tag shall
1056	remain with the fish during any subsequent storage or shipment.
1057	Section 16. This act shall take effect upon becoming a
1058	law.