Senate Bill sb2334c1

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    Florida Senate - 2004                           CS for SB 2334

    By the Committee on Criminal Justice; and Senators Haridopolos
    and Pruitt




    307-2238-04

  1                      A bill to be entitled

  2         An act relating to use of illegal nets;

  3         amending s. 370.021, F.S.; revising civil and

  4         criminal penalties for use of certain illegal

  5         fishing nets; providing civil and criminal

  6         penalties for flagrant violations; providing a

  7         definition; providing for civil penalties for

  8         violations of certain statutes considered major

  9         violations; reenacting ss. 370.092(3) and (4)

10         and 370.093, F.S., relating to illegal use of

11         nets, to incorporate the amendment to s.

12         370.021, F.S., in references thereto; providing

13         an effective date.

14  

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

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17         Section 1.  Paragraph (b) of subsection (3) of section

18  370.021, Florida Statutes, is amended to read:

19         370.021  Administration; rules, publications, records;

20  penalties; injunctions.--

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

22         (b)1.  A flagrant violation of any rule or statute that

23  implements s. 16(b), Art. X of the State Constitution shall be

24  considered a felony of the third degree, punishable as

25  provided in s. 775.082 or s. 775.083. For purposes of this

26  paragraph, a flagrant violation shall be the illegal

27  possession or use of a monofilament net or a net with a mesh

28  area larger than 2,000 square feet. A violation means any

29  judicial disposition other than acquittal or dismissal.

30         2.  In addition to being subject to the other penalties

31  provided in this chapter, any violation of s. 16(b), Art. X of

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    Florida Senate - 2004                           CS for SB 2334
    307-2238-04




 1  the State Constitution, or any statute or rule rules of the

 2  commission which implements implement the gear prohibitions

 3  and restrictions specified therein shall be considered a major

 4  violation; and any person, firm, or corporation receiving any

 5  judicial disposition other than acquittal or dismissal of such

 6  violation shall be subject to the following additional

 7  penalties:

 8         a.1.  For a first major violation within a 7-year

 9  period, a civil penalty of $2,500 and suspension of all

10  saltwater products license privileges for 90 calendar days

11  following final disposition shall be imposed.

12         b.2.  For a second major violation under this

13  subparagraph paragraph charged within 7 years of a previous

14  judicial disposition, which results in a second judicial

15  disposition other than acquittal or dismissal, a civil penalty

16  of $5,000 and suspension of all saltwater products license

17  privileges for 12 months shall be imposed.

18         c.3.  For a third or subsequent major violation under

19  this subparagraph paragraph, charged within a 7-year period,

20  resulting in a third or subsequent judicial disposition other

21  than acquittal or dismissal, a civil penalty of $5,000,

22  lifetime revocation of the saltwater products license, and

23  forfeiture of all gear and equipment used in the violation

24  shall be imposed.

25         d.  For a first flagrant violation under this

26  subparagraph, a civil penalty of $5,000 and a suspension of

27  all saltwater license privileges for 12 months shall be

28  imposed. For a second or subsequent flagrant violation under

29  this subparagraph, a civil penalty of $5,000, a lifetime

30  revocation of the saltwater products license, and the

31  

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    Florida Senate - 2004                           CS for SB 2334
    307-2238-04




 1  forfeiture of all gear and equipment used in the violation

 2  shall be imposed.

 3  

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

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

 6  16, Art. X of the State Constitution, or any rule or statute

 7  implementing its restrictions, determined by a court only

 8  after consideration of competent evidence of mitigating

 9  circumstances to be a nonflagrant or minor violation of those

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

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

12  implementing its restrictions, occurring within a 7-year

13  period commencing upon the conclusion of any judicial

14  proceeding resulting in any outcome other than acquittal shall

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

16  accordingly.

17         Section 2.  For the purpose of incorporating the

18  amendment to section 370.021, Florida Statutes, in references

19  thereto, subsections (3) and (4) of section 370.092, Florida

20  Statutes, are reenacted to read:

21         370.092  Carriage of proscribed nets across Florida

22  waters.--

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

24  authorized by rule of the Fish and Wildlife Conservation

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

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

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

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

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

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

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

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    Florida Senate - 2004                           CS for SB 2334
    307-2238-04




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

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

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

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

 5  in accordance with current United States Coast Guard

 6  regulations specified in the Code of Federal Regulations or as

 7  titled by the State of Florida. The Marine Fisheries

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

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

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

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

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

13  reasonable opportunities for the use of legal net gear in

14  adjacent federal waters.

15         (4)  The Fish and Wildlife Conservation Commission

16  shall adopt rules to prohibit the possession and sale of

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

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

19         Section 3.  For the purpose of incorporating the

20  amendment to section 370.021, Florida Statutes, in a reference

21  thereto, section 370.093, Florida Statutes, is reenacted to

22  read:

23         370.093  Illegal use of nets.--

24         (1)  It is unlawful to take or harvest, or to attempt

25  to take or harvest, any marine life in Florida waters with any

26  net that is not consistent with the provisions of s. 16, Art.

27  X of the State Constitution.

28         (2)(a)  Beginning July 1, 1998, it is also unlawful to

29  take or harvest, or to attempt to take or harvest, any marine

30  life in Florida waters with any net, as defined in subsection

31  (3) and any attachments to such net, that combined are larger

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    Florida Senate - 2004                           CS for SB 2334
    307-2238-04




 1  than 500 square feet and have not been expressly authorized

 2  for such use by rule of the Fish and Wildlife Conservation

 3  Commission. The use of currently legal shrimp trawls and purse

 4  seines outside nearshore and inshore Florida waters shall

 5  continue to be legal until the commission implements rules

 6  regulating those types of gear.

 7         (b)  The use of gill or entangling nets of any size is

 8  prohibited, as such nets are defined in s. 16, Art. X of the

 9  State Constitution. Any net constructed wholly or partially of

10  monofilament or multistrand monofilament material, other than

11  a hand thrown cast net, or a handheld landing or dip net,

12  shall be considered to be an entangling net within the

13  prohibition of s. 16, Art. X of the State Constitution unless

14  specifically authorized by rule of the commission. Multistrand

15  monofilament material shall not be defined to include nets

16  constructed of braided or twisted nylon, cotton, linen twine,

17  or polypropylene twine.

18         (c)  This subsection shall not be construed to apply to

19  aquaculture activities licenses issued pursuant to s. 370.26.

20         (3)  As used in s. 16, Art. X of the State Constitution

21  and this subsection, the term "net" or "netting" must be

22  broadly construed to include all manner or combination of mesh

23  or webbing or any other solid or semisolid fabric or other

24  material used to comprise a device that is used to take or

25  harvest marine life.

26         (4)  Upon the arrest of any person for violation of

27  this subsection, the arresting officer shall seize the nets

28  illegally used. Upon conviction of the offender, the arresting

29  authority shall destroy the nets.

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

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

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    Florida Senate - 2004                           CS for SB 2334
    307-2238-04




 1         (6)  The Fish and Wildlife Conservation Commission is

 2  granted authority to adopt rules pursuant to s. 370.025

 3  implementing this section and the prohibitions and

 4  restrictions of s. 16, Art. X of the State Constitution.

 5         Section 4.  This act shall take effect July 1, 2004.

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 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 2334

 9                                 

10  Limits new criminal penalties to the marine net fishing
    limitations contained in s. 16, Art. X of the State
11  Constitution and the statutes or rules implementing that
    provision, and revises the civil penalties to make them
12  applicable to flagrant violation subsequent to a second
    violation.
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