HOUSE AMENDMENT Bill No. HB 399 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Ryan offered the following:
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14	Amendment (with directory and title amendments)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Subsection (1) of section 370.12, Florida
17	Statutes, is amended to read:
18	370.12 Marine animals; regulation.--
19	(1) PROTECTION OF MARINE TURTLES.--
20	(a) This subsection may be cited as the "Marine Turtle
21	Protection Act."
22	(b) The Legislature intends, pursuant to the provisions of
23	this subsection, to ensure that the Fish and Wildlife
24	Conservation Commission has the appropriate authority and
25	resources to implement its responsibilities under the recovery
26	plans of the United States Fish and Wildlife Service for the
27	following species of marine turtle:
28	1. Atlantic loggerhead turtle (Caretta caretta caretta).
29	2. Atlantic green turtle (Chelonia mydas)(Chelonis mydas
30	mydas).
31	3. Leatherback turtle (Dermochelys coriacea).
32	4. Atlantic hawksbill turtle (Eretmochelys imbricata
33	imbricata).
34	5. Atlantic ridley turtle (Lepidochelys kempi).
35	(c) As used in this subsection, the following phrases have
36	the following meanings:
37	1. A "properly accredited person" is:
38	a. Students of colleges or universities whose studies with
39	saltwater animals are under the direction of their teacher or
40	professor; or
41	b. Scientific or technical faculty of public or private
42	colleges or universities; or
43	c. Scientific or technical employees of private research
44	institutions and consulting firms; or
45	d. Scientific or technical employees of city, county,
46	state, or federal research or regulatory agencies; or
47	e. Members in good standing or recognized and properly
48	chartered conservation organizations, the Audubon Society, or
49	the Sierra Club; or
50	f. Persons affiliated with aquarium facilities or museums,
51	or contracted as an agent therefor, which are open to the public
52	with or without an admission fee; or
53	g. Persons without specific affiliations listed above, but
54	who are recognized by the commission for their contributions to
55	marine conservation such as scientific or technical
56	publications, or through a history of cooperation with the
57	commission in conservation programs such as turtle nesting
58	surveys, or through advanced educational programs such as high
59	school marine science centers.
60	2. "Take" means an act that actually kills or injures
61	marine turtles, and includes significant habitat modification or
62	degradation that kills or injures marine turtles by
63	significantly impairing essential behavioral patterns, such as
64	breeding, feeding, or sheltering.
65	(d) Except as authorized in this paragraph, or unless
66	otherwise provided by the Federal Endangered Species Act or its
67	implementing regulations, a person, firm, or corporation may
68	not:
69	1. Knowingly possess the eggs of any marine turtle species
70	described in this subsection.
71	2. Knowingly take, disturb, mutilate, destroy, cause to be
72	destroyed, transfer, sell, offer to sell, molest, or harass any
73	marine turtles or the eggs or nest of any marine turtles
74	described in this subsection.
75	3. The commission may issue a special permit or loan
76	agreement to any person, firm, or corporation, to enable the
77	holder to possess a marine turtle or parts thereof, including
78	nests, eggs, or hatchlings, for scientific, education, or
79	exhibition purposes, or for conservation activities such as the
80	relocation of nests, eggs, or marine turtles away from
81	construction sites. Notwithstanding other provisions of law, the
82	commission may issue such special permit or loan agreement to
83	any properly accredited person as defined in paragraph (c) for
84	the purposes of marine turtle conservation.
85	4. The commission shall have the authority to adopt rules
86	pursuant to chapter 120 to prescribe terms, conditions, and
87	restrictions for marine turtle conservation, and to permit the
88	possession of marine turtles or parts thereof.
89	(e)1. Any person, firm, or corporation that commits any
90	act prohibited in paragraph (d) involving any egg of any marine
91	turtle species described in this subsection shall pay a penalty
92	of $100 per egg in addition to other penalties provided in this
93	paragraph.
94	2. Any person, firm, or corporation that illegally
95	possesses 11 or fewer of any eggs of any marine turtle species
96	described in this subsection commits a first degree misdemeanor,
97	punishable as provided in s. 775.082 and s. 775.083.
98	3. For a second or subsequent violation of sub-paragraph
99	2, any person, firm, or corporation that illegally possesses 11
100	or fewer of any eggs of any marine turtle species described in
101	this subsection commits a third degree felony, punishable as
102	provided in s. 775.082, s. 775.083, or s. 775.084.
103	4. Any person, firm, or corporation that illegally
104	possesses more than 11 of any eggs of any marine turtle species
105	described in this subsection commits a third degree felony,
106	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
107	5. Any person, firm, or corporation who illegally takes,
108	disturbs, mutilates, destroys, causes to be destroyed,
109	transfers, sells, offers to sell, molests, or harasses any
110	marine turtle species, or the eggs or nest of any marine turtle
111	species as described in this subsection, commits a third degree
112	felony, punishable as provided in s. 775.082, s. 775.083, or s.
113	775.084.
114	6. Notwithstanding s. 777.04, any person, firm, or
115	corporation who solicits or conspires with another person, firm,
116	or corporation, to commit an act prohibited by this subsection
117	commits a felony of the third degree, punishable as provided in
118	s. 775.082, s. 775.083, or s. 775.084.
119	7. The proceeds from the penalties assessed pursuant to
120	this paragraph shall be deposited into the Marine Resources
121	Conservation Trust Fund.
122	(c)1. Unless otherwise provided by the federal Endangered
123	Species Act or its implementing regulations, no person may take,
124	possess, disturb, mutilate, destroy, cause to be destroyed,
125	sell, offer for sale, transfer, molest, or harass any marine
126	turtle or its nest or eggs at any time. For purposes of this
127	subsection, "take" means an act which actually kills or injures
128	marine turtles, and includes significant habitat modification or
129	degradation that kills or injures marine turtles by
130	significantly impairing essential behavioral patterns, such as
131	breeding, feeding, or sheltering.
132	2. Unless otherwise provided by the federal Endangered
133	Species Act or its implementing regulations, no person, firm, or
134	corporation may take, kill, disturb, mutilate, molest, harass,
135	or destroy any marine turtle.
136	3. No person, firm, or corporation may possess any marine
137	turtle, their nests, eggs, hatchlings, or parts thereof unless
138	it is in possession of a special permit or loan agreement from
139	the commission enabling the holder to possess a marine turtle or
140	parts thereof for scientific, educational, or exhibitional
141	purposes, or for conservation activities such as relocating
142	nests, eggs, or animals away from construction sites.
143	Notwithstanding any other provisions of general or special law
144	to the contrary, the commission may issue such authorization to
145	any properly accredited person for the purpose of marine turtle
146	conservation upon such terms, conditions, and restrictions as it
147	may prescribe by rule adopted pursuant to chapter 120. The
148	commission shall have the authority to adopt rules pursuant to
149	chapter 120 to permit the possession of marine turtles pursuant
150	to this paragraph. For the purposes of this subsection, a
151	"properly accredited person" is defined as:
152	a. Students of colleges or universities whose studies with
153	saltwater animals are under the direction of their teacher or
154	professor;
155	b. Scientific or technical faculty of public or private
156	colleges or universities;
157	c. Scientific or technical employees of private research
158	institutions and consulting firms;
159	d. Scientific or technical employees of city, county,
160	state, or federal research or regulatory agencies;
161	e. Members in good standing or recognized and properly
162	chartered conservation organizations, the Audubon Society, or
163	the Sierra Club;
164	f. Persons affiliated with aquarium facilities or museums,
165	or contracted as an agent therefor, which are open to the public
166	with or without an admission fee; or
167	g. Persons without specific affiliations listed above, but
168	who are recognized by the commission for their contributions to
169	marine conservation such as scientific or technical
170	publications, or through a history of cooperation with the
171	commission in conservation programs such as turtle nesting
172	surveys, or through advanced educational programs such as high
173	school marine science centers.
174	(f)(d)Any application for a Department of Environmental
175	Protection permit or other type of approval for an activity that
176	affects marine turtles or their nests or habitat shall be
177	subject to conditions and requirements for marine turtle
178	protection as part of the permitting or approval process.
179	(g)(e)The Department of Environmental Protection may
180	condition the nature, timing, and sequence of construction of
181	permitted activities to provide protection to nesting marine
182	turtles and hatchlings and their habitat pursuant to the
183	provisions of s. 161.053(5). When the department is considering
184	a permit for a beach restoration, beach renourishment, or inlet
185	sand transfer project and the applicant has had an active marine
186	turtle nest relocation program or the applicant has agreed to
187	and has the ability to administer a program, the department must
188	not restrict the timing of the project. Where appropriate, the
189	department, in accordance with the applicable rules of the Fish
190	and Wildlife Conservation Commission, shall require as a
191	condition of the permit that the applicant relocate and monitor
192	all turtle nests that would be affected by the beach
193	restoration, beach renourishment, or sand transfer activities.
194	Such relocation and monitoring activities shall be conducted in
195	a manner that ensures successful hatching. This limitation on
196	the department's authority applies only on the Atlantic coast of
197	Florida.
198	(h)(f)The department shall recommend denial of a permit
199	application if the activity would result in a "take" as defined
200	in this subsection, unless, as provided for in the federal
201	Endangered Species Act and its implementing regulations, such
202	taking is incidental to, and not the purpose of, the carrying
203	out of an otherwise lawful activity.
204	(i)(g)The department shall give special consideration to
205	beach preservation and beach nourishment projects that restore
206	habitat of endangered marine turtle species. Nest relocation
207	shall be considered for all such projects in urbanized areas.
208	When an applicant for a beach restoration, beach renourishment,
209	or inlet sand transfer project has had an active marine turtle
210	nest relocation program or the applicant has agreed to have and
211	has the ability to administer a program, the department in
212	issuing a permit for a project must not restrict the timing of
213	the project. Where appropriate, the department, in accordance
214	with the applicable rules of the Fish and Wildlife Conservation
215	Commission, shall require as a condition of the permit that the
216	applicant relocate and monitor all turtle nests that would be
217	affected by the beach restoration, beach renourishment, or sand
218	transfer activities. Such relocation and monitoring activities
219	shall be conducted in a manner that ensures successful hatching.
220	This limitation on the department's authority applies only on
221	the Atlantic coast of Florida.
222	(j)(h)The Fish and Wildlife Conservation Commission shall
223	provide grants to coastal local governments, educational
224	institutions, and Florida-based nonprofit organizations to
225	conduct marine turtle research, conservation, and education
226	activities within the state. The commission shall adopt by rule
227	pursuant to chapter 120 procedures for submitting grant
228	applications and criteria for allocating available funds. The
229	criteria must include the scope of the proposed activity, the
230	relevance of the proposed activity to the recovery plans for
231	marine turtles, the demand and public support for the proposed
232	activity, the duration of the proposed activity, the
233	availability of alternative funding, and the estimated cost of
234	the activity. The executive director of the commission shall
235	appoint a committee of at least five members, including at least
236	two nongovernmental representatives, to consider and choose
237	grant recipients from proposals submitted by eligible entities.
238	Committee members shall not receive any compensation from the
239	commission.
240	Section 2. Paragraphs (a), (d), and (e) of subsection (4)
241	of section 777.04, Florida Statutes, are amended to read:
242	777.04 Attempts, solicitation, and conspiracy.--
243	(4)(a) Except as otherwise provided in ss. 104.091(2),
244	370.12(1),828.125(2), 849.25(4), 893.135(5), and 921.0022, the
245	offense of criminal attempt, criminal solicitation, or criminal
246	conspiracy is ranked for purposes of sentencing under chapter
247	921 and determining incentive gain-time eligibility under
248	chapter 944 one level below the ranking under s. 921.0022 or s.
249	921.0023 of the offense attempted, solicited, or conspired to.
250	If the criminal attempt, criminal solicitation, or criminal
251	conspiracy is of an offense ranked in level 1 or level 2 under
252	s. 921.0022 or s. 921.0023, such offense is a misdemeanor of the
253	first degree, punishable as provided in s. 775.082 or s.
254	775.083.
255	(d) Except as otherwise provided in s. 104.091(2), s.
256	370.12(1),s. 828.125(2), or s. 849.25(4), if the offense
257	attempted, solicited, or conspired to is a:
258	1. Felony of the second degree;
259	2. Burglary that is a felony of the third degree; or
260	3. Felony of the third degree ranked in level 3, 4, 5, 6,
261	7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,
262
263	the offense of criminal attempt, criminal solicitation, or
264	criminal conspiracy is a felony of the third degree, punishable
265	as provided in s. 775.082, s. 775.083, or s. 775.084.
266	(e) Except as otherwise provided in s. 104.091(2), s.
267	370.12(1),s. 849.25(4), or paragraph (d), if the offense
268	attempted, solicited, or conspired to is a felony of the third
269	degree, the offense of criminal attempt, criminal solicitation,
270	or criminal conspiracy is a misdemeanor of the first degree,
271	punishable as provided in s. 775.082 or s. 775.083.
272	Section 3. Paragraphs (b) and (c) of subsection (3) of
273	section 921.0022, Florida Statutes, are amended to read:
274	921.0022 Criminal Punishment Code; offense severity
275	ranking chart.--
276	(3) OFFENSE SEVERITY RANKING CHART
277
278	Florida Felony
279
280	Section 4. This act shall take effect July 1, 2003.
281	================= T I T L E A M E N D M E N T =================
282	Remove the entire title, and insert:
283	A bill to be entitled
284	An act relating to the protection of marine turtles;
285	amending s. 370.12, F.S.; providing penalties for
286	violating the Marine Turtle Protection Act; providing
287	first degree misdemeanor and third degree felony penalties
288	for knowingly possessing a specified number or more of
289	marine turtle eggs; providing an additional penalty for
290	each egg involved in such a violation; providing that it
291	is a third degree felony to knowingly take, disturb,
292	mutilate, destroy, cause to be destroyed, transfer, sell,
293	offer to sell, molest, or harass a marine turtle or its
294	nest, hatchlings, eggs, or parts thereof; providing that
295	it is a third degree felony to solicit or conspire to
296	violate the Marine Turtle Protection Act; amending s.
297	777.04, F.S., relating to the offense of criminal attempt,
298	criminal solicitation, or criminal conspiracy; providing
299	that a violation of the Marine Turtle Protection Act is
300	exempt from certain sentencing requirements for an offense
301	of solicitation or conspiracy; amending s. 921.0022, F.S.,
302	relating to the offense severity ranking chart of the
303	Criminal Punishment Code; conforming provisions of the act
304	to the code; providing an effective date.
305